[Apparently no jury trial was permitted in this case (or in several other equally serious cases noted in the early Records). For the definite establishment of the jury, see No. 67 b, below. It was already in use, however, in capital trials. (Cf. American History and Government, § 80.) The extracts from the Massachusetts Records regarding those early cases are too long to give here.]
(8) [July 26/August 5, 1531.]
... It is ordered, that Josias Plaistowe shall (for stealing 4 basketts of corne from the Indians) returne them 8 basketts againe, be ffined V £, and hereafter to be called by the name of Josias, and not Mr., as formerly hee used to be; and that William Buckland and Thomas Andrewe shalbe whipped for being accessary to the same offence.
[These two men were servants of Plaistowe. Cf. American History and Government, § 65, on the exemption of gentlemen from corporal punishment; and also No. 78, note 43, below.]
(9) [July 2/12, 1633.]
... It is ordered, that it shalbe lawfull for any man to kill any swine that comes into his corne: the party that ownes the swine is to have them, being kild, and allowe recompence for the damage they doe, etc....
(10) [September 3/13, 1633.]
Roberte Coles is ffined X £, and enjoyned to stand with a white sheete of paper on his back, wherein a drunkard shalbe written in greate letteres, and to stand therewith soe longe as the Court thinks meete, for abuseing himselfe shamefully with drinke.
[Cowles did not reform. A Court of March 4/14, 1633/34, passed the following sentence upon him:—