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An Act for encouraging the fixing out of Armed Vessels to defend the Sea-Coast of AMERICA, and for erecting a Court to try and condemn all Vessels that shall be found infesting the same.
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, through a series of years, to establish a system of despotism over the American Colonies, and, by their venal and 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 and slaughter, are infesting the sea-coasts with armed vessels, 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 vessels, 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 Governour and Lieutenant-Governour 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, enterprises, and means, whatsoever, all and every such person and persons
Therefore, for the more effectually carrying into execution the purposes aforesaid, 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 vessels 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 vessels, whose masters or supercargoes 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 vessel or vessels, 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 empowered to commission, with letters of marque and reprisal, any person or persons, within this Colony, who shall at his or their own expense fix 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 any port in this Colony, all vessels offending or employed by 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:
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 vessel or vessels, 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 said 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 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 said judge shall summon such juryman to appear before him, to show 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 warrant 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.
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 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 vessel or vessels, 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 County 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.
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 vessels 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.
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 vessel or vessels that have been offending or employed by the enemy as aforesaid, such person or persons, so taking and bringing in such vessel, 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 vessel, 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 vessel is brought, . with all the papers that may be found on board such vessel, to the intent that the jury may have the benefit of evidence therefrom arising; 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 alleged 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 complete a panel of twelve, or if there shall be a legal challenge to any of them, so that there shall be seven, and not a panel, to try such cause: then in such case it shall be lawful for said judge to order the sheriff, 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 vessel had been employed or offending as aforesaid, he shall condemn said vessel 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 vessel 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 vessels, the commanders whereof shall be properly commissioned, shall jointly take such vessel, 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 sheriffs within his jurisdiction, to sell such vessel and appurtenances, and cargo, and pay thereout the charges of trial and condemnation, into the Treasury of this Colony, and to pay his own fees, and 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 sheriffs, out of the publick 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 vessel so brought in, with the day set for the trial thereon, to be advertised in the several papers printed at Watertown and Cambridge, fifteen days before the time set for the trial, that the owner of such vessel, or any person concerned, may appear and show cause, if any they have, why such vessel, with her cargo and appurtenances, should not be condemned and sold as aforesaid.
And be it further enacted, That the process and proceeding upon any vessel that shall be retaken from the enemy, by any person or persons, shall be in the same manner as is herein provided for other vessels; and if, by verdict of the jury, it shall appear to the judge that such vessel 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 vessel, with her cargo and 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 vessels, and the residue to be delivered
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.
Act of Massachusetts for Encouraging the Fixing Out of Armed Vessels
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as should at any time thereafter attempt or enterprise the destruction, invasion, detriment, or annoyance of their said Province or Territory, and to take and surprise, 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 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 and navigation on the sea-coasts against all unlawful invasion, attacks, and depredations, 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:
"Know all men by these presents, that we, A B and CD, 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 — , 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 — , Anno Domini 17 — . The condition of the aforewritten obligation is such, that whereas the said A B hath, on the day of the date hereof, received a commission to command an armed vessel called the — , burden about — tons, — to make reprisals of all armed and other vessels 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-Coast of America, and for erecting a Court to try and condemn all Vessels 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 fulfil 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
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aforesaid, then the aforewritten obligation to be void, otherwise to remain in full force."
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to the owner or owners of such vessel. And if such vessel, 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 vessels belonging to the said enemy.