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An Act for encouraging the fixing out of Armed Vessels to defend the seacoast of AMERICA, and to cruise on the enemies of the United Colonies, as also for erecting a Court to try and condemn all Ships and other Vessels, their tackle, apparel, and furniture, and all goods, wares, and merchandises belonging to any inhabitant or inhabitants of GREAT BRITAIN taken on the high seas.
Whereas it has been expressly resolved by the Grand Congress of America, "That each Colony, at their own expense, make such provision by armed vessels, 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
Be it enacted by the Council and House of Representatives, in General Court assembled, That all armed and other vessels that have at any time since the nineteenth day of April, one thousand seven hundred and seventy-five, been engaged in making unlawful invasions, attacks, or depredations, on the seacoasts of America or the navigation thereof, or used in supplying the fleet or army which have been, or shall at any time be, employed against the United Colonies, or employed by the enemy in any respect whatsoever; and those vessels which have been carrying supplies of any
kind to the enemy, or whose masters or supercargoes shall have 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 found hereafter on the high seas, and shall be brought into the harbour of Piscataqua, or any other place within this Colony, or found within the same, and be convicted of any of the offences aforesaid, such vessel or vessels, with their appurtenances and cargoes, shall be deemed forfeited, and shall be condemned and disposed
of as by this act is hereafter ordered and directed. And in pursuance of a resolve of the American Congress:
Be it further enacted, That all ships and other vessels, their tackle, apparel, and furniture, and all goods, wares, and merchandises, belonging to any inhabitant or inhabitants of Great Britain, taken on the high seas, or between high-water and low-water mark, and being brought into, or lying within, the Colony aforesaid, since the date aforesaid, shall be deemed and adjudged lawful prize; and the Judge of the Court Maritime, hereafter mentioned, shall be, and is hereby, empowered to proceed upon, try, adjudge, and condemn, all such vessels, with their cargoes and appurtenances, and all such British merchandises and property as shall be taken as aforesaid.
And be it further enacted by the authority aforesaid, That the Council of this Colony, or the major part of them, shall be fully empowered to commission with letters of marque and reprisal any person or persons within this Colony, who shall, at his, or their own, or at the Colony' s expense, fit out and equip for the defence of America, any vessel, as also any person who shall, by the owner of such vessel, 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 port in this Colony, all vessels offending or employed by, or being the property of, the enemy, as aforesaid; and also to retake and bring in as aforesaid any vessel or vessels 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 vessel 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 vessels; which bond shall be in the form following, viz:
"Know all men by these presents, that we, A B and C D, are holden, and stand firmly bound and obliged, unto E F, Treasurer and Receiver-General of the Colony aforesaid, in the full and just sum of £5,000, to be paid unto the said Treasurer and 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 __, A˙ D˙, 17__."
The condition of the aforewritten obligation is such, that whereas the said A B hath, on the day of the date hereof,
And be it further enacted, That there shall be erected and constantly held in the town of Portsmouth, or some town or place adjacent, in the County of Rockingham, a Court of Justice, by the name of the Court Maritime, by such able and discreet person as shall be appointed and commissioned by the Council and Assembly for that purpose, whose business it shall be to take cognizance and try the justice of any capture or captures of any vessel or vessels that have been, may, or shall be, taken by any person or persons whomsoever, and brought into this Colony, or any the captures that have or shall be taken and brought thereinto.
And be it further enacted, That any person or persons who have been or shall be concerned in the taking and bringing into this Colony any vessel or vessels employed or offending, or being the property as aforesaid, shall jointly, or either of them, by themselves, or by their attorneys or agents, within twenty days after being possessed of the same in this Colony, file before the said Judge a libel in writing, therein giving a full and ample account of the time,
manner, and cause of the taking such vessel or vessels. But in case of any such vessel or vessels already brought in as aforesaid, then such libel shall be filed within twenty days next after the passing this act, and at the time of filing such libel, shall also be filed all papers on board such vessel or vessels, to the intent that the jury may have the benefit of the evidence therefrom arising. And the Judge shall, as soon as may be, appoint a day to try by a jury the justice
of the capture of such vessel or vessels, with their appurtenances and cargoes; and he is hereby authorized and empowered to try the same. And the same Judge shall cause a notification thereof, and the name, if known, and description of the vessel so brought in, with the day set for the trial thereon, to be advertised in some newspaper printed
in the said Colony, if any such paper there be, twenty days before the time of the trial; and for want of such paper, then to cause the same notification to be affixed on the doors of the Town House, in said Portsmouth, to the intent that the owner of such vessel, or any persons concerned, may appear, and show cause, if any they have, why such vessel, with her cargo and appurtenances, should not be condemned as aforesaid. And the said Judge shall, seven days before the day set and appointed for the trial of such vessel or vessels, issue his warrant to any Constable or Constables within the County aforesaid, commanding them, or either of them, to assemble the inhabitants of their towns respectively, and to draw out of the box, in manner provided for drawing jurors to serve at the Superior Court of Judicature, so many good and lawful men as the said Judge shall order — not less than twelve, nor exceeding twenty-four; and the Constable
or Constables shall, as soon as may be, give any person or persons so drawn to serve on the jury in said Court due notice thereof, and shall make due return of his doings therein to the said Judge at or before the day set and appointed for the trial. And the said jurors shall be held to serve on the trial of all such vessels as shall have been libelled before the said Judge, and the time of their trial published at the time said jurors are drawn, unless the Judge shall see
And be it further enacted by the authority aforesaid, That if any Constable within the said County shall neglect or refuse to obey the warrant of the Judge for returning said jurors as aforesaid, he shall pay a fine, as the said 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 Judge shall summon such juror to appear before him to show forth the reason of his neglect; and if such reason shall not be satisfactory to the said Judge, then he shall issue his warrant of distress for such fine, if the said juror shall neglect to pay the same, and (excepting the style and test) in such manner as is directed for the recovery
of fine 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, for the use thereof.
And be it enacted by the authority aforesaid, That any person or persons claiming the whole or any part or share, either as owner or captor of any such vessel or vessels, against which a libel is so filed, may jointly, or by themselves, or by their attorneys or agents, five days before the day set and appointed for the trial of such vessel or vessels, file their claim before the said Judge; which claim shall be committed to the Jury with the libel which is first filed, and the Jury shall thereupon determine and return their verdict of what part or share such claimant or claimants shall have of the capture or captures; and every person or persons who shall neglect to file his or their claim in manner as aforesaid, shall be forever barred therefrom.
And be it further enacted, That no person who shall take and bring in any vessel as aforesaid, shall use or improve such capture before condemnation; and every person who shall file the first libel against such vessel or vessels, shall be held to pay all fees established by law, in the same manner as hath been used and accustomed in the courts of common law within the Colony.
And be it further enacted by the authority aforesaid, That
every vessel which shall be taken and brought into this Colony by the armed vessels of any of the United Colonies of America, and shall be condemned as aforesaid, the proceeds of such vessels and cargoes shall go and be, one-third part to the use of the captors, and the other two-thirds to the use of the Colony, at whose charge such armed vessel was fitted out. And where any vessel or vessels shall be
taken by the Fleet and Army of the United Colonies, and brought into this Colony, and condemned as aforesaid, the said Judge shall distribute and dispose of the said vessels and cargoes according to the resolves and orders of the American Congress.
And be it enacted, That the process and proceedings upon any vessel which has been or shall be retaken from the enemy by any person or persons, shall be in the same manner as herein provided for other vessels. And any vessels of any of the inhabitants of the United Colonies which have been or shall be hereafter retaken from the enemy, before condemnation thereof had, the moneys which they and their appurtenances and cargoes shall sell for, shall be disposed of as follows, viz: If they have been in the possession of the enemy less than twenty-four hours, then one-eighth part shall go to the use of the recaptors; if more than twenty-four and less than forty-eight hours, then one-fifth part shall go to the recaptors; and if more than forty-eight and less than ninety-six hours, then one-third part; and if more than ninety-six hours, one-half shall go to the recaptors; and in every case the residue to the owner or owners, unless such vessel or
vessels shall, after being so brought in, be legally condemned as a prize; in which case the recaptors shall have the whole.
And be it further enacted, That any person, owner, captor, or claimant, may take affidavits in any cause to be tried in the Court Maritime aforesaid, before any Justice of the Peace, under the regulation provided by the laws of this Colony for taking affidavits to be used in civil actions in any of the courts of common law. And any person on board such captures, when they surrender, may be admitted as a witness to testify to any fact in dispute between any of the captors. And the Clerk appointed by the said Judge is empowered to make out a summons to any person named as a witness by either party. And if any person served with such summons, and having the legal fees for his travel rendered him, shall unnecessarily refuse to appear and give evidence in such cause, he shall suffer such penalty as is provided by the laws of this Colony against witnesses who shall neglect to appear when legally summoned to give evidence in the Superior Court of Judicature.
And whereas the honourable Continental Congress have recommended that, in certain cases, an appeal should be granted from the Court aforesaid:
Be it therefore enacted, That from all judgments or decrees hereafter to be given in the said Court Maritime, on the capture of any vessel, appurtenances, or cargoes, where such vessel is taken, or shall be taken, by any armed vessel fitted out at the charge of the United Colonies, an appeal shall be allowed to the Continental Congress, or to
such person or persons as they already have, or shall hereafter appoint, for the trials of appeals: Provided, The appeal be demanded within five days after definitive sentence given, and such appeal shall be lodged with the Secretary of the Congress within forty days afterwards: And provided, The party appealing shall give security to prosecute said appeal with effect. And in case of the death of the Secretary during the recess of the Congress, the said appeal shall be lodged in Congress within twenty days after the next meeting thereof; and that from the judgment, decrees, or sentence of said Court, on the capture of any vessel of cargo which have been, or shall hereafter be, brought into this Colony, by any person or persons, (excepting those who are in the service of the United Colonies,) an appeal shall be allowed to the Superior Court of Judicature, which shall next be held in the County aforesaid.
And whereas, no provision has been made by any of the said resolves for an appeal from the sentence or decree of the said Judge, where the capture of any such vessel or vessels may be made by a vessel in the service of the United Colonies, and of any particular Colony or person, together: Therefore,
Be it enacted by the authority aforesaid, That, in such cases, the appeal shall be allowed to the next Superior Court, as aforesaid: Provided, The appellant shall enter into bonds, with sufficient sureties, to prosecute his appeal with effect. And such Superior Court, to which the appeal shall be, shall take cognizance thereof, in the same manner, as if the appeal was from the Inferior Court of Common Pleas, and shall condemn or acquit such vessel or vessels, their cargoes and appurtenances, and in the sale and disposition of them, proceed according to this act. And the appellant shall pay the Court and Jury such fees as are allowed by law in civil actions.
And be it further enacted, That when there shall be on
And be it enacted by the authority aforesaid, That when any merchant ship or vessel shall be taken by virtue of any resolve aforesaid, the wages of seamen and mariners who shall be taken on board the same, shall be paid out of the proceeds of the prize, up to the time of condemnation.
And be it further enacted, That the said Judge shall appoint an able Clerk, who shall keep a true and fair record of all the proceedings of the 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.
Proceedings from June 5 to July 6
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and navigation on the seacoast against all unlawful invasions, attacks, and depredations, from cutters and ships of war;" and also that it should be lawful for the inhabitants of the United Colonies to fit out armed vessels to cruise on the enemies thereof, and that all ships and other vessels, their tackle, apparel, and furniture, and all goods, wares, and merchandise, belonging to any inhabitant or inhabitants of Great Britain, taken on the high seas, or between high-water and low-water mark, should be deemed and adjudged a lawful prize, (excepting such vessels as may be taken in bringing any settlers, arms, ammunition, or warlike stores, to and for the use of the United Colonies, or any of the inhabitants thereof who are friends to the American cause, and warlike stores and effects of such settlers:) Therefore, for the more effectually carrying into execution the purposes aforesaid,
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received a commission to command an armed vessel called __, burden about __ tons, to make reprisal of all armed and other vessels, which shall be found infesting the seacoast, or upon the high seas, or between high and low-water mark; such vessels being the property of, or belonging to, any inhabitant or inhabitants of Great Britain, (excepting such vessels as may be taken in bringing any
settlers, arms, ammunition, or warlike stores, to and for the use of the United Colonies, or any of the inhabitants thereof, who are friends to the American cause, and warlike stores and effect of such settlers:) If, therefore, the said A˙ B˙ shall in and by all things well and truly observe and fulfil such instructions as he shall receive from the Council of this Colony, and shall, in all things and respects, conform himself to the directions given in and by an act entitled "An Act for encouraging the fixing out of armed vessels to defend the seacoast of America, and to cruise on the enemies of the United Colonies; as also for erecting a court to try and condemn all ships or other vessels, their tackle, apparel, and furniture, and all goods, wares, and merchandises, belonging to the inhabitants of Great Britain, taken on the high seas," — then the above-written obligation to be void; otherwise to remain in full force.
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cause to discharge them, or either of them, before; and if seven of the jurors shall appear, and there shall not be enough to complete the number of twelve, (which shall be a panel,) or if there shall be a legal challenge to any of them, so that there shall be seven, and not a panel, it shall and may be lawful for the Judge to order his Clerk, the Sheriff, or other proper officer attending on said Court, to fill up the jury with good and lawful men present; and the said jury, when so filled up and empannelled, shall be sworn to return a true verdict on any bill, claim, or memorial, which shall be committed to them, according to law and evidence. And if the jury shall find that any vessel or vessels, against which a bill or libel is committed to them, have been offending, used, employed, or improved as aforesaid, or are the property of any inhabitants of Great Britain as aforesaid,
they shall return their verdict thereof to the said Judge, and he shall thereupon condemn such vessel or vessels, with their cargoes and appurtenances, and shall order them to be disposed of, as by law is provided. And if the jury shall return a special verdict, therein setting forth certain facts relative to such vessel or vessels, (a bill against which is committed to them,) and it shall appear to the said Judge by said verdict that such vessel or vessels have been infesting the seacoast of America, or navigation thereof, or that such
vessels have been employed, used, improved, or offending, or are the property of any inhabitant or inhabitants of Great Britain, as aforesaid, he, the said Judge, shall condemn such vessel or vessels, and decree them to be sold, with their cargoes and appurtenances, at publick vendue, and shall also order the charges of said trial and condemnation to be paid out of the money such vessel and cargo, with her appurtenances, shall sell for, to the officers of the Court, according to the table of fees last established by law 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 vessels (the commanders whereof shall be properly commissioned) shall jointly take such vessel, the money which she and her cargo shall sell for, after payment of charges as aforesaid, shall be divided between the captors, in proportion to their men. And the said Judge is hereby authorized to make out his precept, under his hand and seal, directed to the Sheriff of the County aforesaid, or, if thereto requested by the captors or agents, to any other person to be appointed by the said Judge, to sell such vessel and appurtenances and cargo, at publick vendue, and such Sheriff, or other person, after deducting his own charges for the same, to pay and deliver the residue, according to the decree of said Judge.
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board such capture any goods perishable by nature, the Judge aforesaid shall be, and hereby is empowered, to give license for the sale of such goods before the trial, and after a libel is filed as aforesaid: Provided, The person or persons filing said libel shall give security to the Judge for the payment of such moneys, as such goods are reasonably worth, to the captor or captors thereof, if the same shall be condemned, and if otherwise, to the owners thereof.