In the Sixteenth Year of the Reign of George, the Third, King &c. ー An Act, for Encouraging the Fixing out of Armed Vessells, to defend the Sea Coast of America, and for Erecting a Court to Try and Condemn all Vessells, that shall be found infesting the same. ー

Whereas the Present Administration of Great Britain, being divested of Justice and Humanity, and Strangers to that Magnanimity, and sacred Regard for Liberty, which inspired their venerable Predecessors, have been endeavouring, thro' a Series of Years, to establish a System of Despotism over the American Colonies, and by their venal & corrupt Measures, have so extended their Influence over the British Parliament, that by a prostituted Majority 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, & 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, & Queen Mary, by the Royal Charter of this Colony, "for themselves, their Heirs & Successors, did grant, establish, & ordain, that in the Absence of the Governor & 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, & put in Warlike posture, the Inhabitants of their said Province or Territory, and to lead & Conduct them, and with them to Encounter, expulse, resist & 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 & conquer, by all fitting Ways, Enterprizes, & means whatsoever, all & 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 & surprize by all Ways & Means whatsoever, all & every Person & Persons, with their Ships, Arms, Ammunition & 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 & suitable to their Circumstances & Situations, for the Protection of their Harbours & Navigation on the Sea Coasts, againt all unlawful Invasions, attacks & Depredations, from Cutters & 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, & Resolve now recited: Therefore for the more effectually carrying into Execution the purp[oses 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 & 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 & 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 & 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 & 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 ー vizt Know all Men by these Presents, that We A B & C D of &c. are holden & stand firmly bound & Obliged unto the Treasurer & Receiver General of the Colony aforesaid, in the full & 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 & Administrators, jointly & severally, firmly, by these Presents: Sealed with our Seals the day of Anno Domi, 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, & 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 Vessels to defend the Sea Coasts of America & for erecting a Court to try & Condemn all Vessells, that shall be found infesting the same. If therefore the said A B shall & do, in and by all things [well] & truly Observe & fulfill such Instructions, as he shall receive from the Council of this Colony, & shall in all respects conform himself to the directions given in & 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, & constantly held in the Town of Plymouth, in the County of Plymouth, [torn] Court of Justice, by such Able & discreet Person as shall be Appointed & 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, & 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 & lawful Men for Jurors, as said Judge shall, in his sd 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 & 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 Jurors, so drawn, and having Notice, as aforesaid, shall not appear at the Time & 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 Reason 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. ー

And 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 & discreet Person, as the Major part of the Council shall appoint & 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 & 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. ー

And be it further Enacted by the Authority aforesaid, that there shall be held in like manner in North Yarmouth in the County of Cumberland, one other Court of Justice, by such Person, as the Major part of the Council shall Commissionate, to be Judge thereof, which Judge shall have full Cognizance of, and Power to Try, the Justice of all Captures of Vessells, that shall be taken as aforesaid, and brought into any Port in either of the Counties of York, Cumberland or Lincoln; and shall have such Power to Issue a Warrant, or Warrants, in said Counties, as is Provided in this Act for the other Judges aforementioned, in the Counties of their respective Jurisdiction; And the Constables and Jurors in the said Counties of York, Cumberland, and Lincoln, are to pay strict Obedience to said Warrants, under the Penalties before in this Act Provided for like Offences in the other Counties aforementioned. ー

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 & 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 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 lawfull 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, & Appurtenances, and order them to be sold at Publick Vendue, and shall order the Charges of said Trial & 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, & 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 & 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, pay his own fees, and to deliver the residue to the Captors and Persons, concerned as aforesaid. ー

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 & Appurtenances should not be Condemned, and Sold as aforesaid. ー

And be it further Enacted, that the Process and Proceeding upon any Vessell, that shall be retaken from the Enemy by any Person, or Persons, shall be in the same manner, as is herein Provided for other Vessells; and if by Verdict of the Jury it shall appear to the Judge, that such Vessell was taken by the Enemy, and was retaken by such Person, or Persons, before Condemnation by the said Enemy thereon had, the said Judge shall order such Vessell, with her Cargo & Appurtenances, to be sold in manner aforesaid, and shall order, not more than one third, nor less than one quarter of what she shall sell for (after paying Charges of Trial and Sale) to be delivered to the Captors, as is before provided for other Vessells, and the Residue to be delivered to the Owner, or Owners, of such Vessell: ー And if such Vessell, so retaken, shall have been Condemned by the Enemy, then the Money, she and her Cargo and Appurtenances may Sell for shall be delivered to the Captors, as is above Provided for Vessells belonging to the said Enemy. ー

And be it further Enacted by the Authority aforesaid, that each Judge of such Courts, shall appoint an able Clerk, who shall keep a True and fair Record of all the Proceedings of said Court, and shall be duly Sworn to Act in said Office, with Truth and fidelity, and his Attestations shall be received as Evidence in all Courts of Law. ー

[Endorsed] In the House of Representatives Novemr 1st 1775. This Bill haveing Had Three several Readings passed to be Enacted

Sent up for Concurrence

In Council Novr 1st 1775, This Bill having had two several Readings passed to be enacted ー

Perez Morton Dpy Secry