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Several Laws and Orders made at the GENERAL COURT, the 8th of October 1672. AS ALSO Several Laws and Orders made at the GENERAL COURTS, Holden at Boston the 7th of May and 19th of October, 1673 And printed by their Order. Edward Rawson Secr.

At the Second Sessions of the General Court Held at Boston the 8th of October, 1672.

IT is ordered and by the Authority of this Court Enacted; That all Strangers coming into this Country, shall, and may henceforth have Liberty to Sue one another in any Courts of this Colony, that have proper Cognizance of such Cases; Strangers Liber­ties to Sue in any County Courts. and that any Inha­bitant may be sued by any Strangers who are on Immediate Imploy by Navi­gation, Marriner or Merchant, in any of our Courts, the said Strangers giv­ing in Security to the Clerk of the Writts to respond all extraordinary Dama­ges the said Inhabitants shall sustein, by being sued out of the County to which he belongs; in Case the Stranger shall not obtein judgement against such Inhabitant so sued, and the Law Title, special Courts is hereby repealed and made void; Any Law, Custome or Vsage to the Contrary notwith­standing.

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IT is Ordered by this Court and Authority thereof; That in all Counties, where there is but one Magistrate [...]ere, One Magistrate and one Associ­ates Power any one of the Associates for that County Court joyning with the Magistrates may act by them alone, [...] henceforth be accounted legally valid, and is hereby allowed to all Intents and Purposes, as if done by two Magistrates; and in those Counties where there is no Magistrate, any one invested with [...] power with two Associates, have like Power committed to them to act as any two Magistrates as above.

WHereas by sad experience; It is too obvious to all our people and others, that the sin of Whoredome and Uncleanness grows amongst us, notwith­standing all the wholsome Laws made for the punishing and suppressing such land Defiling Evils; And whereas there is of late, too just ground to suspect a greater Evil growing upon us, by the bold and audacious Presumption of some, to erect a Stews, Whore House, or Brothel House; for the nourishing such wickedness, the increase of which Evil, if not timely prevented, may tend to the debauching of multitudes of persons, and tend to the utter ruins of their Estates, Soul and Body.

It is therefore Ordered by this Court, and the Authority thereof; That if any Person, Male, or Female, shall presume to set up or keep any such House, wherein such wicked lusts may be nourished, and Whoredome com­mitted, Courts Testimo­ny against, and Order to pre­vent Baudery every such Baud, Whore, or vile Person, upon Conviction of such Offence or Offences; such Bawd, Whore, or vile Person, shall be severely whipt at the Carts-tayle, through the Streets, where such Offence, or Offen­ces hath been committed, with Thirty Stripes, and thence to be committed to the House of Correction, and by the Master of the said House to be kept with hard fare, and hard labour, by dayly Task, and in defect of their duty to be severely whipt every night with Ten Stripes; and once at least in every Week, the said Baud and his Complices in such vile and sinful Courses the Baud to be their Leader, and the other two and two in hair Frocks and blew Caps by the Executioner to be fastned to a hand-Cart, and forced along to draw all the filth laid up in the Cart, through the Streets, to the Sea side going to the Gallows in Suffolk, and in all other Counties where the Court of each Shire shall appoint, and so returned to the House of Correction, to be alike kept with hard Fare and Labour, according to the Custome of the House during the Courts pleasure, there to remaine.

At a General Court for Elections, Held at Boston, the 7th of May, 1673.

THis Court taking into serious Consideration the great necessity of Uphold­ing the staple Comodities of this Country, for the Supply and support of the Inhabitants thereof, and finding by experience the bringing in of Mault (which is a principal Comodity of this Country) from Forreign parts to be exceeding prejudicial to the Inhabitants of this Colony.

[Page 9] It is therefore Ordered; That whosoever, whether Inhabitant or Stranger, 6 d p Bushel to the Treasurer for Malt Imported from Europe that shall directly or indirectly from henceforth Import into this Jurisdiction, from any parts of Europe, any Malt; every such person shall pay unto the Treasurer of the Country the Summe of six pence Per bushel, for Malt so landed, besides the Rate of one peny per pound former­ly Imposed, and the Collector shall stand charged with gathering up of the said Impost, and to return the same to the Treasurer.

WHereas all Fishermen settled Inhabitants, are by Law exempted from ordinary traynings, Fishermen when at home liable to Trainingwhich indulgence is by many persons improved when they are at home and not imployed in their callings, to be Spectators or otherwise idling, gaming, or spending their time unproffitably, whereby such persons as attend their duty and spend their time in that Service is discou­raged; For the prevention whereof;

It is Ordered by this Court and the Authority thereof; That all Fish­ermen being Inhabitants, when they are at home (and not imployed ne­cessarily, and so judged by the chief Officers) shall attend publick Trayn­ings, or else be fined five shillings, as the Law directs for others absence. Any Law, Custome or Usage to the contrary notwithstanding.

THis Court having long since made an Order to prevent damage done by Hor­ses, title Corn fields &c. Sect. 3. But no penalty annexed thereunto. as an Addition to the said Law;

This Court doth Order the penalty on non observance thereof, with respect to Horses, to be five shillings fine for every such offence to the Town where it is Committed, Penalty for Hor­ses going in the Commons and Damage done by them besides any damage accrewing by every such Horse or Horse kind so unfettered or unshakled as in the said Law is provided. And further that none shall be permitted to keep a Horse or Horse-kind in the woods or Commons, but such as are accepted free Com­moners in any such Town, under the penalty of twenty shillings a Horse for every such offence, to be disposed of as the Select men shall see meet.

And further, as an explanation of the late Law respecting stone Horses not to go upon the Commons uner the penalty of twenty shillings a month;

This Cout doth Declare, that it is to be understood of twenty shillings for every such Horse found on the Commons, so often as he shall be found there.

FOrasmuch as sundry unskilful persons have of late years, taken upon them to boyle, pickle, and Sell Sturgeon for Transportation, of which sundry Keggs, and other Caske have proved corrupt and wholly unserviceable to the dis­appointment and Damage of sundry Merchants and others, as also to the de­basements of that Comodity and reproach of the Country; which if duely Order­ed, might be beneficial to the Inhabitants for Transportation, and otherwise.

It is therefore Ordered and Enacted by the Authority of this Court; And be it hereby Ordered and Enacted, that no person whatsoever, shall hence­forth boyle, pickle, or pack up any Sturgeon for Sale in this Jurisdiction, but such as shall be licensed thereunto by the County Court, where such persons Inhabit, on Penalty of forfeiture thereof, one half to the Informer, and the other half to the Country; And to the end, there may be no fraud or [Page 10] or abuse in the said Comodity, every such licensed Person shall brand mark all Cask wherein it is packed, with the letters of his Name, and that there be Searchers appointed and Sworn to view all Sturgeon, made here or Imported, before it be sold, or in kind passed away; who shall set their mark on such as they finde sound and sufficient in all respects, both as to the quality of the Sturgeon, and Gage of the Cask, and that only such so marked, as above, shall be exported on penalty of forfeiture of the whole value thereof, for whose care and labour the Sturgeon boyler or Importer shall pay for the viewing and heading thereof after Three Shillings Four Pence, P. Score for all Kegs and Firkins, from time to time, and if any shall counterfeit, the Sturgeon Boylers or Packers, marke, they, or he, shall forfeit Five Pounds to the Country, for every such defect; And it is referred to the respective County Courts, to li­cense able and fit Persons to boyle and pickle Sturgeon for Sale, as likewise to appoint Searchers to view and marke the same, as above-said.

October 15th. 1673.

AS An Addition to the Law Title Freemen. SECT. III.

It is Ordered by this Court, and the Authority thereof; That henceforth, the Names of such as desire to be admitted to the Freedome of this Common­Wealth, Addition to the Law for Admis­sion of Freemen not being Members of Churches in full Communion, shall be entred with the Secretary from time to time at the Court of Election, and Read over before the whole Court, sometime that Sessions, and shall not be put to Vote in the Court till the Court of Election, next following.

AS An Addition to the Law of the Sabbath.Addition to the Law of the Sab­bath. SECT. II.

It is Ordered by this Court, and the Authority thereof; Besides the Pe­nalty upon the Persons there offending the publick House-keeper, where any such Person or Persons are found so transgressing, (as in the said Law is ex­prest) shall pay five Shillings to the Treasury of the County where the Of­fence is Committed.

IT is Ordered by this Court, and the Authority thereof; That all Laws and Orders of this Court, which are thought for to be published at the end of every Sessions, shall be forthwith sent to the Press, and also read in the Market place at Boston; Order for pub­lishing the Laws upon the fifth day, being a Lect [...] day within Ten dayes after the end of such Sessions, which being performed, Is, and shall be accounted sufficient publication, and further that printed Copyer shall be dis­persed, at the discretion of the Treasurer and are taken for the same, by the Secretary and Marshal General as the Law directs. fo. 231.

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IT is Ordered by this Court, and the Authority thereof; That where there be sundry Proprietors of Lands lying together, Order directing their Regulation of Proprieties in common Pasture and are inclosed by a Fence, although not by Consent of Parties, or by any prudential act of Authority disposing the same into one Common Field, the Major part of such Proprie­ty may Order and Limit the proportion of Cattle that shall be put to feed there on or may otherwise be limited and proportioned by the Select men of the Town or Towns where such Lands do lye, according to the direction of the Law tit. Cattle and Corn-fields. SECT. II.

THe Court observing the wicked and unrighteous practises of evil men to Increase some Piratical seizing of Ships, Ketches, &c. with their Goods, and others by rising up against their Commanders, Officers, and Imployers, seizing their Vessels and Goods at Sea, exposing their Persons to hazard, &c. For the Prevention whereof, and that due witness may be born against such bold and noto­rious Transgressors

This Court doth Order, & be it hereby Ordered & Enacted; That what Person, or Persons so ever, shall Piratically or Felloniously seize any Ship or other Vessel, whither in the Harbour, or on the Seas, Order to Prevent Piracy, &c or shall rise up in Rebellion against the Master, Officers, Merchant, or Owners of any such Ship, or other Sea Vessel and Goods, and dispoyle or dispossess them thereof, and excluding the right Owner, or those betrusted therewith; every such Offender, together with all their Complices, if found in this Jurisdiction, shall be apprehended, and Legally convicted thereof, shall be put to Death; Provided alwayes, that any such of the said Company, (who through fear or force have been deam'd to Comply in such wicked action); that shall upon their first Arrival in any of our Ports or Harbours, by the first Opportunity, repair to some Magistrate, or others in Authority and make discovery of such a practise; shall not be liable to the aforesaid Penalty of Death

IT is hereby Ordered and Declared; That it shall be lawful for any Person by his lawful Attourny Authorized under his Hand and Seale, Order Impairing Atturnies to Sue and legally proved to be his Act and Deed, to Sue in any of our Courts, for any right or Interest that he may have to any Estate of Lands or Goods, or any part there­of, according to our Law; unless the Law upon the hearing thereof, shall finde just reason to demurre upon the validity of the Attourniship, in one respect, or other,

IT is Ordered by this Court, and the Authority thereof; That the power and Trust Committed to all Guardians, Guardians [...] in [...]ase is as full to recover and take all Estate into their hands, as if the Childe or Children themselves, for whom they are Guardians, were at age, and to improve the estate for the [Page 12] Child or Childrens Advantage, till at Age; Generally to act as farre as Administrators may doe, except by will of the deceased, the Estate was Committed to an Executor, or others for their Education, untill such an Age, the Guardian giving Security to the Court for his faithful performance of his Trust.

THis Court taking into Consideration, that the price [...] at in the Country Rate,Valuation of Sheep to the Country and County Ratesis farre above what the [...] no man might be discouraged from keeping that useful Creature so [...] for food, and Cloathing.

It is hereby Ordered and Declared; That all Sheep rateable in the Coun­try Rate, or what kinde soever, shall be valued at five Pounds p. Score, in all Country and County Rates; and this Order to take place in the sixth Moneth next.

AS an Explanation of the Law tit. Hides and Skins, Sect. the first Prohibiting Transportation of unwrought Leather;

This Court Declares,Addition to the Law Tit: Sealerse of Leather that by unwrought leather, is to be understood, not made up into Wares, and further judge meet to Declare that no Leather being Tanned shall be sent to the Curriers to be dressed before the Sealer of Leather have viewed, and set his Mark thereunto, under such Penalty as the Law pro­vides in this Case, Title Leather.

IT is Ordered by this Court, and the Authority thereof; That if any Per­son shall take away any Shallop,penalty for tak­ing away Shal­lops, Boats Skifts Cannoes, &c. Boat, Skiffe, or Cannoo, from any Ves­sel, Wharfe, or from the Moaring, without leave from the Owner or Ma­ster thereof; he shall pay to the said Owner or Master. if it be Canoo, five Shillings, and for a Boate or Skiffe, Ten Shillings, and if it be a Shallop Twenty Shillings, and so much per Day, for every day after the first day Deteining, or not returning the same together, with what ever Damage the said Owner, or Master, or the said Cannoo, Boate, Skiffe, or Shallop, shall sustein thereby in any kinde, to be judged by any Magistrate, or Commissioner, Authorized by Law in like Cases; and further to Fine the Party offending for his Tres­pass to the County, if there be cause.

WHereas by experience, many persons through Poverty, not able to pay the Fine Imposed by Law, persons selling Liquors to Indi­ans, liable in Case to Whip­ping, &c. on the Sale of Liquors to Indians, are thereby Imboldned to Transgress, as Addition to the Law, P. 75. Sect. 5.

It is hereby Ordered; That Persons Transgressing that Law, and not paying the Fine Imposed, shall be punished by Whipping, at the discretion of the judges, and greatness of the Offence, any Law, Custome, or Usage notwithstanding.

IT being put to the Question; Whether Wine and strong Waters belonging to any Inhabitant of Piscataqua, and Imported into these parts to the Market be liable to pay duties according to the Law Title Imposts.

This Question is resolved on the Affirmative, Provided the said Goods have not paid Impost in some of our Ports already according to Law.


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