from the three miles line aforesaid, and it appearing unto us that the ancestors of Robert Mason, Esq., obtained grants from our great Council, established of Plymouth, for the tract of land aforesaid, and were at very great expense upon the same, until molested and finally driven out, which hath occasioned a lasting complaint for justice by the said Robert Mason, ever since our restoration; however, to prevent in this case any unreasonable demands which might be made by the said Robert Mason for the right he claimeth in said soil, we have obliged the said Robert Mason, under his hand and seal, to declare that he will demand nothing for the time past, until the four-andtwentieth day of June, which was in the year of our Lord God one thousand six hundred seventy and nine, nor molest any in their possession for the time to come, but will make out titles to them and their heirs forever, provided that they will pay unto him, upon a fair agreement, in lieu of all other rents, sixpence in the pound, according to the just and true yearly value of all houses built by them, and of all lands, whether gardens, orchards, arable or pasture, which have been improved by them, which he will agree shall be bounded out unto every of the parties concerned, and that the residue may remain unto himself, to be disposed for his best advantage; but if, notwithstanding the said overture from the said Robert Mason, which seems to be fair unto us, any of the inhabitants of the said Province of NewHampshire shall refuse to agree with the said Robert Mason or his agents, upon the terms aforesaid, our will and pleasure is, that you shall have power, and you are hereby empowered to interpose and reconcile all differences, if you can, that shall or may arise between the said Robert Mason and the said inhabitants; but if you cannot, then we do hereby command and require you to send into England such causes, fairly and impartially stated, together with your opinion and reasons upon the same, that so we, our heirs and successors, by and with the advice of our and their privy council, may determine therein, according to right; and lastly, we do hereby declare and appoint that you, the said Edward Cranfield, shall and may hold, execute and enjoy, the office and place of our Lieutenant-Governor and Commander-in-Chief, in and over our Province and Plantation of New-Hampshire, together with all and singular the

powers and authorities hereby granted unto you, for and during our pleasure; aud we do hereby further declare our will and pleasure to be, that our commission, bearing date the eighteenth day of September, one thousand six hundred seventynine, do from thenceforth cease, determine, and become utterly void.

In witness whereof we have caused these our letters to be made patents.

Witness ourself, at Westminster, the ninth day of May, in the four-and-thirtieth year of our reign.

BARKER.

Instructions to Edward Cranfield.

1. You are not to suffer any public money whatsoever to be issued or disposed of otherwise than by a warrant under your hand; but the Assembly may be nevertheless permitted, from time to time, to view and examine the accounts of money or value of money disposed of by virtue of such laws as they shall make, which you are to signify unto us, as occasion shall

serve.

2. And you shall observe, in the framing and passing of laws, that no fines, forfeitures and penalties be mentioned therein, to be appointed or become payable, otherwise than to us, our heirs and successors, for the support of the government and to the informer, except in special cases.

3. And it is our express will and pleasure that all laws whatsoever, for the good government and support of our said Province of New-Hampshire, be made indefinite, and without limitation of time, except the same be made for a temporary end, and which shall expire and have its full effect within a certain term.

4. And, therefore, you shall not re-enact any law which shall be once enacted by you, except upon very urgent occasion; but in no case more than once without our express consent.

5. You are, upon calling a meeting of the Assembly, to nominate and appoint a fit person to serve you as your clerk; and you are to take care that he do furnish you with copies of all votes, orders and proceedings of the Assembly, as often

as you shall see cause, which you shall transmit unto us and our committee of trade and plantations by the first opportu nity, and duplicates by the next conveyance.

6. And whereas we think it fit, for the better administration of justice, that a law be passed in the Assembly wherein shall be set the value of monyes, estates, either in goods or lands under which they shall not be capable of serving as jurors, our pleasure is, that the first opportunity, you prepare and enact one to the purpose.

16th King Charles the First, in the Statute Book, page 1108, section the 5th:

Be it likewise declared and enacted by the authority of this present Parliament, that, neither his Majesty nor his Privy Council have, or ought to have, any jurisdiction, power, or authority by English bill, petition, articles, libel, or any other arbitrary way whatsoever, to examine or draw into question, determine, or dispose of the land, tenements, hereditaments, goods, or chattells, or any of the subjects of this kingdom; but that the same ought to be tried and determined in the ordinary course of justice, and by the ordinary course of the law.

New-Hampshire.

LAWS made by the Honorable, the Governor, with the advice and consent of the Council and General Assembly, held at Portsmouth the 14th of November, 1682.

1. Be it enacted by the Governor, by and with the advice and consent of the Council and Assembly, and it is hereby enacted by the authority aforesaid, that justice and right be equally and impartially administered unto all men, not sold, denied, or carelessly deferred unto any.

2. Be it enacted, &c., That whosoever shall commit adultery with a married woman, or one betrothed to another man, both of them shall be fined: namely, ten pounds apiece; and shall wear two capital letters; namely, A D, cut out in a cloth and sewed upon their uppermost garments, on their arm or back;

and if, at any time, any person so offending shall appear without the said letters, he or she shall be liable to pay a fine of five pounds as often as the offender shall be so found.

3. Be it enacted, &c., That if any man commit fornication with any single woman, they shall both be punished by paying each a fine not exceeding five pounds; and in case any commit carnal copulation after contract, before marriage, they shall be amerced fifty shillings apiece.

4. Forasmuch as many persons of late years have been and are apt to be injurious to the lives and goods of others, notwithstanding all laws and means to prevent the same, it is therefore enacted, &c., that if any person commit burglary by breaking open any dwelling-house, warehouse, or shall forcibly rob any person in the field or highways, such offenders shall, for the first offence, be branded on the right hand with the letter B, or R; and if he shall offend in the like kind a second time, he shall be put to death, or otherwise grievously punished, as the court shall determine.

5. Be it enacted, &c., That if any person in this Province shall be legally convicted of stealing or purloining horses, cattle, money, or other goods of any kind, he shall be punished by restoring three-fold to the party wronged, and a fine not exceeding twenty shillings, or corporal punishment, to be inflicted as the nature or circumstance of the case may require.

6. Be it enacted, &c., That whosoever shall steal, or attempt to steal, any ship, barkue, or vessel of burden, or any public ammunition, shall be severely punished, according to the nature of such a fact, provide it extend not to life or limb.

7. Be it enacted, &c., That whosoever shall profane the sacred and blessed name of God, by vain swearing or cursing, shall pay a fine often shillings, or be set in the stocks an hour.

8. Be it enacted, &c., That if any person, being sixteen years of age or upward, shall wittingly or willingly make or publish any lie, which may tend to the damage or hurt of any particular person, or with intent to deceive or abuse the people with false news or reports, he shall be fined for every such offence ten shillings, or sit an hour in the stocks.

9. Be it enacted, &c., That whosoever shall be found drunk shall pay a fine of ten shillinngs, or sit an hour in the stocks;

and whosoever shall drink to excess, so as thereby to disguise himself, discovering the same by speech or behavior, he shall pay a fine of three shillings and four pence, or sit in the stocks half an hour.

10. Be it enacted, &c., For prevention of the prophanation of the Lord's day, that whosoever shall, on the Lord's day, be found to do unnecessary servile labor, travel, sports, or frequent ordinaries in time of public worship, or idly straggle abroad, the person so offending shall pay a fine of ten shillings, or be set in the stocks an hour; and for discovery of such persons it is ordered that the constable, with some other meet person whom he shall choose, shall, in the time of public worship, go forth to any suspected place within their precincts, to find out any offender as above, and when found to return their names to some justice of the peace, who shall forthwith send for such offender, and deal with him according to law.

11. Be it enacted, &c., That whosoever shall speak contemptuously of the scriptures, or holy penmen thereof, shall be punished by fine not exceeding five pounds; and whosoever shall behave himself contemptuously toward the word of God preached, or any minister thereof, called and faithfully dispensing the same in any congregation, either by manifest interrupting of him in his ministerial dispensation, or falsely charging him with teaching error; such offender shall pay a fine of 20s., or sit two hours in the stocks.

12. Be it enacted, &c., That if any person do willfully and on purpose, burn down any man's fence, he shall make good the damage to the party wronged, and be amerced forty shillings, and be bound to ye good behavior for six months.

13. Be it enacted, &c., That whosoever shall willfully pluck up, remove, or deface any landmarks or bounds, between party or party, that hath been or shall be orderly made or set up, by persons thereunto appointed in the several towns, ho or they shall be fined not exceeding five pounds for such offence. 14. Forasmuch as sundry dissolute persons are too ready to run into ye transgression of such laws, unto which fines are annexed, and perhaps are so indigent as the paying of fines may be very injurious to themselves and families; be it therefore enacted, that every person so offending, not having five pound