202 Assembly Proceedings, August—September 1681.

Liber W. H.

Member burning in the hand or forehead Cropping of yeares
or paines of death, beside Confiscacon of estate, & the Courts

P-I73

of this Province hitherto haueing followed the Rules practices
& Lawes of England in the Judgem^t ag^t & Condemnacon
of Criminalls being to Rigorous a practice & punishm^t for
this Province to exact and Imitate touching many offenders
Guilty of the offences heereafter menconed, By meanes whereof
all" prosecucons ag^t offenders though many times for small
Crimes & offences, & of small value haue beene hitherto
drawne & brought to the Prov^ll Court of this Province, the
Justices whereof only haue power of Life & member to the
verry greate vexacon & Trouble of the good people of this
Province a greater parte of the Province Liueing soe Remote
from the Prov^ll Court that they many times forbeare to prose-
cute offend^rs by reason of the excessiue Charges of Comcing

to the Prov^ll Court & bringing theire Wittnesses to prosecute,
soe that the offend^rs many times goe vnpunished to the greate
encouragem^t of Malefacto^rs & for that alsoe the Prov^ll Courts are
nott held aboue Three or ffour times in the yeare, speedy
Justice for small Crimes is defferred, & the partys accused,
many times Lye a Long time in prison before theire Tryall to
the verry greate Charge of the party which may bee in his
Tryall accquitted, or if Convicted the Charge many times falls
on the County where the offender Hues or on the Country, to
the greate burthen of the Province for the Prevencon whereof
for the future, Bee itt enacted by the Right Honourable the
Lord Prop^ry by & with the advice & Consent of the vpper &
Lower houses of this p^rsent Generall Assembly and the
Authority of the same that itt shall & may bee Lawfull to &
for the seuerall & Respectiue Justices or Comission^rs of the
seuerall & Respectiue Countys within this Province, in theire
seuerall & Respectiue County Courts, To heare & determine
all Theiueings or Stealings whatsoeuer (Robery Burglary &
house breakings only excepted) whether itt bee of any Horse
Mare Gelding, Colt Cow Calfe ox Bull Steere Rames Ewes or
Lambes Goates Hoggs Piggs or any manner of Poultry or
other goods or Chatties whatsoeuer not exceeding the value of
aboue one Thousand pounds of Tobacco, & all & all manner of
persons thereof Lawfully Convicted by due Course of Law in
any of the County Courts aforesaid shall or may Cause to bee
punished by whipping or Pilloring or both, as the Justices
before whom such Conviccon shall happen to bee, shall thinke
most agreeable to the demerritt of the offend^r any Law statute
or vseage to the Contrary Notwithstanding, And bee itt
further enacted by the Authority aforesaid, That any offender
Theiueing or Stealing as aforesaid that shall bee Convicted
thereof by Confession of the party, or by one sufficient or