[Thanks to Linda Smith for transcribing this chapter]

CHAPTER XII.

Selectmen's Power.—The Indians and Other Matters.

   In a very old memoir of the Colony of New Plymouth, by Baylies, we find in 1669 that the office of a Selectman was a high office.   He wielded a deal of power.   They were authorized to issue warrants of capias and attachment in His Majesty's name.   Single persons were forbidden to live by themselves, or in any family excepting such as should be approved by the Selectmen, and in case they refused obedience to the order of Selectmen, they were to be summoned to court and proceeded against.
   "There shall be three courts of the Selectmen in a year."
   "The Selectmen were this year empowered to try all questions between the English and the Indians excepting Capital and land titles.   They were authorized to take a Constable and repair to any house or place where they might suspect that any slothful did lurk at home or get together in Companies to neglect the public worship of God, or profane the Lord's day and finding any disorder to return the names of the offenders to the next Court and also to give notice of any particular miscarriage."
   "The powers and duties of the Selectmen appear to have been of a high character.   They were not only the chief executive and police officers of the several towns, charged with a general superintendence of town affairs, and with a general oversight of the morals and manners of the inhabitants, but they were judicial officers and were constituted a court.   They united the functions of the modern justice of the peace (now trial justice) and partially those of the old county courts of common pleas, with a jurisdiction limited to the towns.   This judicial power was con-

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