[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:-- "It is ordered, that Roberte Coles, for drunkeness by him committed att Rocksbury, shalbe disfranchized, weare about his necke, and soe to hange upon his outward garment, a D, made of redd cloath, and sett upon white; to contynue this for a yeare, and not to leave it of att any tyme when hee comes amongst company, under the penalty of XI _s_ for the first offence, and V £ the second, and after to be punished by the Court as they thinke meete; also, hee is to weare the D outwards, and is enjoyned to appeare att the nexte Generall Court, and to contynue there till the Court be ended." Cowles seems to have been one of the early democratic agitators. The _Records_ show that he was one of the deputies chosen in May, 1632, to help assess taxes. Possibly he had made himself obnoxious in such fashion to these aristocratic judges.] (11) [_October 1/11, 1633._]