jority it is now become a political Engine of Slavery: And Whereas, the Military Tools of these our unnatural Enemies, while restrained by the united Forces of the American Colonies from proceeding in their Sanguinary Career of Devastation and Slaughter, are infesting the Sea Coast with Armed Vessells and daily Endeavouring to distress the Inhabitants, by burning their Towns and destroying their Dwellings with their Substance, plundering live Stock and making Captures of Provision and other Vessells, being the Property of said Inhabitants: And whereas their Majesties, King William, and Queen Mary, by the Royal Charter of this Colony, "for themselves, their Heirs and Successors, did grant, establish, and ordain, that in the Absence of the Governor and Lieutenant Governor of the Colony, a Majority of the Council shall have full Power by themselves or by any Chief Commander, or other Officer or Officers to be appointed by them, from Time to Time, for the special Defence of their said Province or Territory to assemble in Martial array and put in Warlike posture the Inhabitants of their said Province or Territory, and to lead and Conduct them and with them to Encounter, expulse, resist and pursue by Force of Arms, as well by Sea as by Land, within or without the Limits of their said Province or Territory, and also to kill, slay, destroy and conquer, by all fitting Ways, Enterprizes, and means whatsoever, all and every such person and persons as should at any Time thereafter Attempt or enterprize the Destruction, Invasion, Detriment or Annoyance of their said Province or Territory, and to take and surprize by all Ways and Means whatsoever, all and every person and persons, with their Ships, Arms, Ammunition and other Goods, as should in a Hostile manner invade or attempt the invading, Conquering or annoying of their said Province or Territory:" And whereas it is expressly Resolved by the Grand Congress of America, “that each Colony at their own Expence make such provision, by armed Vessells or otherwise, as their respective Assemblies, Conventions or Committees of Safety shall Judge expedient and suitable to their Circumstances and Situations, for the protection of their Harbours and Navigation on the Sea Coasts, against all unlawful Invasions, attacks and Depradations, from Cutters and Ships of War," and It is the Duty and Interest of this Colony to exert itself, as well for the purpose of keeping Supplies from the Enemy, as for those mentioned in the paragraphs of the Charter and Resolve now recited: Therefore, for the more effectually carrying into Execution the purposes aforesai]d,

Be it Enacted by the Council and House of Representatives, in General Court Assembled, and by the Authority of the same,

that all Armed and other Vessells, which shall be brought into this Colony and have been found Making unlawful invasions, Attacks or depredations on the Sea Coasts or Navigation of any part of America, or Improved in supplying the Fleet and Army, which have been or shall at any Time be Employed against the United Colonies or Employed by the said Enemy in any respect whatsoever, and also all Vessells whose Masters or Super Cargo's shall have had designs of carrying Supplies of any kind to the Enemy, or that shall be returning from the Enemy after having carried such Supplies and shall be convicted thereof, as is herein provided, such Vessell or Vessells, with their Appurtenances and Cargoes, shall be deemed forfeited, and shall be disposed of as is by this Act hereafter Ordered and directed.

And be it further Enacted by the Authority aforesaid, that the Council of this Colony or the Major part of them shall be fully Impowered to Commission, with Letters of Marque and reprisal, any person or persons within this Colony, who shall at his or their own Expence fix out and equip for the defence of America any Vessell, as also any Person who shall by the Owner of such Vessell be recommended therefor; And that all such persons, so Commissioned as aforesaid, shall have full power with such other persons as they shall engage to their Assistance, to sail on the Seas, Attack, take and bring into any port in this Colony all Vessells offending or Employed by the Enemy as aforesaid; And also to retake and bring in, as aforesaid, any Vessell or Vessells that may be taken from any person or persons by said Enemy.

Provided always, and be it further Enacted: That the Master or Owner of such Vessell shall, at the Time he receives such Commission, enter into Bond with one sufficient Surety at least, for the faithful discharge of his Office and observing the Law of this Colony relating to Armed Vessells; which Bond shall be in the form following.. viz't Know all Men by these Presents, that We A B & C D of &c. are holden and stand firmly bound and Obliged unto the Treasurer and Receiver General of the Colony aforesaid, in the full and just Sum of Five thousand pounds, to be paid unto the said Treasurer & Receiver General, or to his Successor in said Office; To the true payment whereof We bind ourselves, our Heirs, Executors and Administrators, jointly and severally, firmly, by these presents: Sealed with our Seals the day of Anno Dom'i 17 The Condition of the aforementioned Obligation is such, that Whereas the said A B hath, on the day of the date hereof, received a Commission to Command an Armed Vessell, called the burthen about

Tons,

to make reprisals of all Armed and other Vessells, that shall be found Supplying the Enemy or Acting Counter to a Law of this Colony, entitled an Act for Encouraging the fixing out of Armed Vessells to defend the Sea Coasts of America and for erecting a Court to try and Condemn all Vessells that shall be found infesting the same. If therefore the said A B shall and do in and by all things well and truly Observe and fulfill such Instructions as he shall receive from the Council of this Colony and shall in all respects conform himself to the directions given in and by the Act aforesaid, then the aforewritten Obligation be void, otherwise to remain in full force.

And be it further Enacted, that there shall be Erected and constantly held in the Town of Plymouth, in the County of Plymouth, a Court of Justice, by such Able and discreet person as shall be Appointed and Commissioned by the Major part of the Council for that purpose, whose business it shall be to take Cognizance of and try the Justice of any Capture or Captures of any Vessell or Vessells, that may or shall be taken by any person, or persons whomsoever, and brought into either of the Counties of Plymouth, Barnstable, Bristol, Nantucket, or Dukes County; and the Judge, so Commissioned to hold said Court, as aforesaid, shall have power at all Times to Issue his Warrant or Warrants to the Constable or Constables of any Town or Towns, within the said Counties of Plymouth, Barnstable, Bristol, Dukes County, or Nantucket, or either of them, directing the said Constable or Constables to warn a Meeting of the Inhabitants of their Towns, respectively, and to draw out of the Box in such manner as is provided by the Laws of this Colony for returning Jurors to serve in the Inferior Court of Common pleas, so many good and lawful Men for Jurors as said Judge shall, in his s'd Warrant, order and direct, not Exceeding the number of twelve; and the said Constables shall immediately, as soon as may be, give Notice in Writing to such persons, so drawn, of the time and place which in the said Warrant shall be set for their appearance, and shall return said Warrant, with his doings thereon, to said Judge, at or before the time set therein for the appearance of said Jurors.

And be it further Enacted, that if any Constable, within said Counties, shall Neglect or refuse to obey the Warrant of the Judge for returning said Jurors, as aforesaid, he shall pay such fine as the Judge shall order, not exceeding the sum of Forty shillings, and if any Juror, so drawn and having Notice, as aforesaid, shall not appear at the Time and place directed in such Warrant, or shall refuse without reasonable excuse to serve on such Jury, he shall

pay such Fine as the Judge shall order, not exceeding the Sum of forty shillings, but before such fine shall be awarded the said Judge shall Summon such Juryman to Appear before him, to shew forth the Reasons of his Neglect, and if such reasons shall not be satisfactory to the said Judge, then he, the said Judge, shall Issue his Warrants of distress for such fine, in manner as is directed for recovery of fines of jurors, who shall neglect or refuse to serve in the Inferior Court of Common pleas; which fines so recovered shall be paid into the Treasury of this Colony.

Ând be it further Enacted by the Authority aforesaid, that there shall be held in like Manner in the Town of Ipswich, in the County of Essex, one other Court of Justice, by such able and discreet person as the Major part of the Council shall appoint and Commission thereto, which Judge shall have full Cognizance of and power to Try the Justice of the Capture of any Vessell or Vessells that shall be taken as aforesaid and brought into any port in the Counties of Suffolk, Middlesex, or Essex, and shall have the like power to Issue his Warrant or Warrants for Jurors in said Counties, as is before provided for the Judge of the Counties first mentioned, and every Constable and Juror within the said Counties of Suffolk, Middlesex and Essex, who shall neglect to pay due Obedience to said Warrants, shall be Liable to the same penalties as are provided by this Act against those, in like manner offending, in the Counties of Plymouth, Barnstable, Bristol, Nantucket, and Dukes County...

I

And be it further Enacted by the Authority aforesaid, that when any person or persons shall take and bring into any Port in this Colony any Vessell or Vessells, that have been offending, or Employed by the Enemy as aforesaid, such person or persons, so taking and bringing in such Vessell, shall immediately make out a Bill in Writing, therein giving a full and Ample Account of the time and manner of the Caption of such Vessell and the Employment she was in when so taken, And of the persons who were Aiding and Assisting in taking her; and a Schedule of the Cargo on board her, to the best of his knowledge, at the Time of her Caption; And shall deliver the same to the Judge, who shall have Jurisdiction of the port where such Vessell is brought, with all the Papers that may be found on board such Vessell, to the intent that the Jury may have the Benefit of Evidence therefrom ariseing; And the Judge to whom said Bill shall be delivered, shall immediately Issue his Warrant or Warrants, as aforesaid, to any Constable or Constables within the Counties of his Jurisdiction, commanding them or either

I. The next section provides for a like court to be held at North Yarmouth.

of them, in manner aforesaid, to return Twelve good and Lawful Men to Try the Truth of any Facts alledged in such Bill, And if seven of said Jurors, so returned by said Constable or Constables, shall appear and there shall not be enough to compleat a Pannel of Twelve, or if there shall be a Legal Challenge to any of them, so that there shall be seven and not a Pannel to Try such Cause; then in such Case it shall be lawful for said Judge to order the Sherriff, or other proper Officer attending on said Court, to fill up the Jury with other good and lawful Men present, which Jury shall be sworn to return a true Verdict upon the said Bill according to Law and Evidence; And if it shall appear to said Judge by said Verdict that such Vessell had been employed or offending as aforesaid, he shall Condemn said Vessell and Cargo and Appurtenances and order them to be sold at publick Vendue and shall order the Charges of said Trial and Condemnation to be paid out of the Money such Vessell and Cargo shall sell for, unto the Treasury of this Colony and shall order the residue thereof to be delivered to the Captors, their Agents or Attorneys, for the Use and Benefit of such Captors and others Concerned therein, And if two or more Vessells, the Commanders whereof shall be properly Commissioned, shall Jointly take such Vessell, the Money She and her Cargo and Appurtenances shall Sell for, after payment of Charges as aforesaid, shall be divided between the Captors in proportion to their Men, And the said Judge, before whom any such Trial and Condemnation as is aforementioned may be, shall be Authorized to make out his Precept under his Hand and Seal, to either of the Sherriffs within his Jurisdiction, to Sell such Vessell and Appurtenances and Cargo and to pay thereout the Charges of Trial and Condemnation into the Treasury of this Colony, and to pay his own fees, and to deliver the residue to the Captors and persons concerned as aforesaid.

And be it further Enacted that there shall be paid to the Justice, Jurors and Sherriffs, out of the public Treasury, such fees as are or shall hereafter be established by Law to each and every the Officers of the said Court.

And be it further Enacted by the Authority aforesaid, that when any such Bill shall be delivered to such Judge, he shall cause Notification thereof and the Name (if known) and description of the Vessell so brought in, with the day set for the Trial thereon, to be Advertized in the several papers printed at Watertown and Cambridge, fifteen days before the time set for the Trial, that the Owner of such Vessell or any person concerned may appear and shew Cause, if any they have, why such Vessell with her Cargo and Appurtenances should not be Condemned and Sold as aforesaid.