WE His Majesties Dutiful Subjects the Representatives of the Province of the Massachusetts Bay in New-England, in General Court Assembled, being duely sensible of the great Charges and Expences which have already risen, and are daily growing and increasing for the Defence of His Majesties Subjects and Interests within this His Province; For the more effectual Prosecuting the present War against the French and other His Majesties Enemies; For defraying the necessary & contingent Char­ges in and about the Support of the Government of the Province; And for the payment of such Grants, Salaries and Allowances as have or shall be Made and Ordered by the General Assembly.

Therefore to the ends and intents aforesaid, May it be Enacted.

And be it accordingly Enacted by the Lieutenant Gover­nour, Council, and Representatives Convened in General Court, and by the Authority of the same,

That the several Impositions, Continuati­on of the Du­ties of Im­post, Excise & Tunage of Shipping. Rates and Duties upon all Wines, Liquors, Goods, Wares and Merchandizes that shall be Imported into this Province; Tunnage of Shipping, and the Duties of Excise Granted unto His Majesty, Enumerated in and by an Act of the Great and General Court or Assembly: Entituled, An Act, For Im­post, Excise and Tunnage of Shipping; and by one other Additional Act, For Impost and Excise: both made in the Fourth Year of the Reign of His Present Majesty, and of our late most Gracious Soveraign Lady, Queen Mary, of blessed Memory; and one other Act, Entitu­led, An Act, For the better Collecting the Impost and Excise, and prevent­ing Frauds: Made in the Fifth Year of Their said Majesties Reign: and by one other Act, Entitled, An Act, For the Reviving and Conti­nuing of the Duties upon Goods, Impost, Excise and Tunnage of Shipping, and the Acts for granting of the same: Made in the Sixth Year of Their said Majesties Reign; and the additional Rates and Duties of Impost upon Wines, Liquors, Goods, Wares Merchandizes and Tun­nage of Shipping, mentioned in an Act, Entituled, An Act, For grant­ing unto Their Majesties, a Tax on Polls and Estates, and additional Duties of Impost and Tunnage of Shipping: Made in the Seventh Year of His [Page 160] present Majesties Reign: Be and are hereby further granted and con­tinued until the Twenty-ninth-Day of June, One Thousand Six Hun­dred Ninety Seven, and no longer, and that the said several Acts before mentioned, and the Act Entituled, An Act, For Continuing cer­tain Rates and Duties of Impost, Excise and Tunnage of Shipping, and Re­viving of the Acts for Granting the same: Made and passed by the General Assembly begun and held the Twenty-ninth Day of May, One Thousand Six Hundred Ninety Five. In the Seventh Year of His said Majesties Reign: And all the Powers, Penalties Articles and Clauses in the said several Acts contained, other than what of any of them are already altered or repealed, or that shall otherwise in this pre­sent Act be altered or provided for, shall continue & be of full force & effect, until the said Twenty-ninth Day of June, One Thousand Six Hundred Ninety Seven, and no longer; and for and during that Term shall be applied practised and executed for the Levying, Col­lecting, answering and paying the said Rates and Duties hereby con­tinued, according to the Tenor and Intent of this present Act, as fully to all intents and purposes, as if all and every the Clauses, Mat­ters and Things in said Acts or any of them contained, had been again Repeated in this Act, and particularly Enacted.

Provided nevertheless, And be it Enacted by the Authority aforesaid,

That whereas in and by the said Acts, Draw back upon Expor­tation within Twelve Months. no Draw-back is to be had upon the Exportation of Wines and Liquors after the expiration of nine months next following their being Imported, the said time of nine months is hereby enlarged unto twelve months for all Wines and Liquors that shall be Imported after the Twenty-ninth Day of June, in this present Year One Thousand Six Hundred Ninety Six. Any former Law, Usage or Custom to the contrary notwithstanding.

And be it further Enacted,

That all Masters of Ships or other Vessels, shall make Oath to the account which the Law obliges them to give under their Hands to the Commissioner for Impost and Excise, Masters of Ships to make Oath to their manifest of any Goods which they have on Board liable by Law to pay Impost; which Oath shall be, That the same is a true account to the best of their knowledge, of the quantities, and to whom the Goods are consigned, with the marks thereof; to be administred by the Commissioner or Receiver re­spectively, who are hereby Impowred thereto.

And if it be made appear, Abatement for Decayed Wines. That any Wines Imported in any Ship or Vessel be decayed at the time of Landing thereof, or in twenty four hours afterwards, Oath being made (if required) before the said Commissioner or Receiver, that the same hath not been Landed above that time, the Duties of Impost for such decayed Wines shall be abated. And the said Commissioner is hereby also Impowred to Lett or Farm out the Excise within the Counties of Hampshire, York, Dukes County, and the Island of Nantucket, for the best profit and ad­vantage of the Publick that he can for the Ensuing Year.

[Page 161] And be it further Encted by the Authority aforesaid,

That the Act Entituled, An Act, Encouraging a Post Office: Made in the Fifth Year of the Reign of His present Majesty, and the Late Queen Mary, Continuance of the Post-Office. of Blessed Memory: And all the Clauses and Articles therein contained, be, and hereby is revived and continued to be, abide and remain in full force for the space of three years from the Publication hereof, and no longer.

And be it further Enacted.

That the Act Entituled, An Act, To prevent the Deserting of the Frontiers: Continuance of the Act to prevent deser­ting the Fron­tiers &c. And the Act Entituled, An Act, For the further continuance of several Acts relating to the Prosecution of the War: Both made in the Seventh Year of His said Majesties Reign, and all the Clauses and Articles in each of said Acts contained, be, and hereby are revived and continued to be, abide and remain in full force unto the Twenty Ninth Day of June, One Thousand Six Hundred Ninety-seven, and to longer.

And be it further Enacted.

That the Act Entituled, Continuance of the Act a­gainst Ex­portation of Grain, An Act, To prohibit the Exportation of Grain Made at the Sitting of the General Assembly in November last, in the Seventh Year of His said Majesties Reign; Be, and hereby is revived and continued to be, abide and remain in full force until the [...]nd of the next Sessions of this present General Assemby & no longer.

WHEREAS by Long Experience within His Majesties Kingdom of England, the Setting up of Fairs and Markets in Cities, Sea-Ports, and other Populous Towns and Places has been found of general benefit and advantage: And forasmuch as great inconveniences are observed to attend not only the Inhabitants of the Town of Boston, but also the Country People living near the same, for want of a Publick and Open Market in said Town, to the intent that Forestalling, Regarding and Ingressing of Victuals and other Commodities may the better be prevented.

Be it therefore enacted by the Lieutenant Governour Council, and Representatives in General Court, Assembled, and by the Authority of the same,

That hence forward there be a Market held and kept within the [Page 162] said Town of Boston, upon each Tuesday, Thursday and Saturday in every Week weekly and on no other dayes, to be kept at such place or places in said Town, where the major part of the Justices of Peace, Market days and Select-men of said Town shall agree and assign for the most conveniency of the Inhabitants in general, and the Country People resorting to said Market.

And for the opening and raising of the said Market, It is enacted by the Authority aforesaid,

That a Bell be Rung every Market-Day at the Opening of the Market, at Twelve a Clock, and at the ending of the Market: That is to say, A Bell to ring at the open­ing of the Market &c From the first day of March, until the first day of May year­ly, at Seven a Clock in the Morning, and from the first day of May, to the first Day of September yearly, at Six a Clock in the Morning; and from the first day of September, to the first day of March yearly, at Nine a Clock before-noon. And that the Market shall not hold and continue after six a Clock Afternoon, from the first of March, to the first of September; nor after four a Clock Afternoon, from the first of September, until the first of March yearly. And if any person or persons shall Sell, or put to o­pen Sale in the said Market, any manner of Provisions, or other Commodities, No Sale to be in the Market till the bell Ring. before the Ringing of the Market Bell, at the said se­veral hours and times in the morning respectively; such Offender or Offenders being therof convict, shall be deemed and reputed to be Forestallers of the Market, and shall be proceeded against as such, as by this Act in that case is directed and appointed.

And it is further Declared and Enacted by the Authority aforesaid,

That no person or persons, from and after the setting up of the said Market, shall buy or cause to be Bought any Victuals or any o­ther Commodities whatsoever, No Sale to be but in the Market coming to the said Market by Land or Water; or make any Bargain, Contract or Promise for the having and buying of the same, or any part thereof so coming as aforesaid, before the same shall be brought into the said Market, ready to be there Sold; or shall make any motion by word, Letter or otherwise to any person for the Enhancing of the price, or dearer Selling any Commodity in the said Market, on pain of being proceeded against as a Forestaller of the Market.

And it is also further enacted, (In regard that the Market is principally intended for the benefit of House-keepers who Buy for their own use and behoof) That the Retailers, Retailers, Hucksters &c to buy until the afternoon Hucksters and Tra­ders of the Town, shall not enter into the Market, to make their Provisions, and Buy of any of the Market People there, until the Af­ternoon of every Market-day, to the intent that the House-keepers may provide themselves in the morning of every day at the first hand, and pay moderate Rates for their Provisions; On pain that e­very [Page 163] very such Retailer, Huckster or Trader, for every time offending herein, shall be proceeded against as a Regrater of Ingrosser.

And be it further enacted by the Authority aforesaid,

That no person or persons bringing any sort of Provisions or other Commodities out of the Country unto the Town of Boston for Sale, from and after the setting up of the said Market, No Sale to be in any other place but in the Market. shall sell, utter or put to shew or Sale any of the same in any private House, Ware-house, Inn, Ale-house, Tavern, Lane, Alley, Street, or other place or places whatsoever within the said Town or Precincts or Liberties thereof, but in the Market place, and in Market-time only, according as is be­fore appointed; On pain that every such person so carrying or offer­ing to put to Sale in any otherwise, and Provision or other Commo­dities shall forfeit the same so offered to Sale, or the value thereof, without any manner of Favour.

Provided always, No Mer­chant, Factors or others to be restreined from purcha­sing of Grains or dead Pro­visions &c. That no Clause or Expression herein contained shall extend, be intended, deemed or adjudged to restrain or abridge any Merchant, Factor, or others from Buying, Purchasing, Agreeing, or Contracting for any sort of Grain, or Dead Provision whatsoever, with design and intent to Transport the same beyond the Seas, nor unto Butchers selling their Victuals in open Shop or Shops, not shall intend to hinder any person or persons that do Import any Grain or Provisions, and other Commodities in Sloops or other Vessels, from any Towns within this Province, Neighbouring Colonies, or other Places to Sell the same upon their Arrival in Boston, without carrying the same into the Market, nor unto the Selling of Fish, Hay, Wood, Timber, Lumber, Pidgeons, Milk, Cyder, Pease, or Beans in the Shell, Fruits and Herbs, as has been accustomed.

And it is further Provided, That no Tax or Toll be paid for any Goods or Commodities brought into the Market, Fish, Pid­geons, Milk, Pease, Beans. nor for the use of Stands, or other Places, for the disposing of said Commodities: And that what Provisions or Commodities are left Unfold in the Market; the Owner or Owners thereof shall have free liberty to sell and dispose at any other time.

Be it further enacted,

That there be two Fairs held in the Town of Boston Annually, in the place or places to be appointed by the major part of the Justices and Select-men of said Town, Two Fairs That is to say, One on the last Tuesday in May, and the other on the last Tuesday in October; each Fair to continue four days.

And it is likewise enacted by the Authority aforesaid,

That every Ware-house or Shop in the Town of Boston aforesaid, Warehouses and Shops to be Market overt. shall be Market-Overt for such Goods, Wares and Commodities as are usually Bought and Sold therein, and the property of all such Goods, Wares and Commodities by their being bought and sold or [Page 164] disposed of in such Ware-house or Shop shall be legally vested in the Purchaser: Any thing herein contained to the contrary notwithstand­ing.

And be it further enacted,

That for the better order and quiet of the Market People, Clerks of the Market how to be appoin­ted. there shall be one or more Clerks of the Market nominated and appointed by the Select-men of said Town, which said Clerk or Clerks of the Market are hereby impowred to Supervise the said Market, and to take effectual care to prevent all frauds, abuses and disorders that may arise therein; and shall frequently attend and be in the said Market, during Market-time.

And it is further enacted,

That the person or persons appointed in manner and form as is herein before prescribed to be Clerk or Clerks of the Market, Clerks of the Market to be Sealers of Weights &c. shall from time to time be Sealer or Sealers of Weights and Measures for the Town of Boston: Any former Law, Usage or Custome to the contrary in any wise notwithstanding.

And be it further Ordained and enacted by the Authority of this present General Assembly.

That every Forestaller Regrater of Ingrosser for every Conviction of any Offence in that kind, shall forfeit and pay the Sum of Twenty Shillings: And that all pains, forfeitures, Penalties, Sum and Sums of Money to be forfeited by virtue of this Act, shall be imployed, inure and accrue; one moiety thereof to the use of the Poor of said Town of Boston, and the other moiety to him or them that shall inform and sue for the same by Action of Debt, Bill, Plaint or Information be­fore two or more Justices of the Peace within said Town.

And for the further Encouragement and better Governing of the said Market.

It is enacted and Ordained by the Authority aforesaid,

That it shall and may be lawful, to and for any two or more of the Justices of the Peace within the Town of Boston to have, hold use and exercise the Powers, Justices Pow­er. Authorities and Jurisdictions of a Court, and to make out Process for to hear and determine all matters, con­troversies, quarrels and things arising in the said Market, and offences against the Rules thereof, and therein to proceed summarily, and give Judgment immediately without being obliged to follow the strict Rules of ordinary Process: Any Law, Ordinance, Custome or Usage to the contrary notwithstanding.

Provided Nevertheless, That neither this Act nor any thing therein contained, shall be, and continue in force any longer than one year from the first opening of the said Market.

WE His Majesties Loyal and Dutiful Subjects the Re­presentatives of this His Majesties Province of the Massachusetts Bay in New England, Convened in General Assembly. For and towards the Repair of His Majesties Castle upon Castle Island near Boston, and Support of the Garison there; For the Subsistance and Paying of Wages to Seamen and Souldiers, that are or shall be imployed in His Majesties Service, for the defence of this His Province, and a Vigorous Prosecution of the War, against His Majesties Enemies; For the Pay­ment of such Salaries, Grants and Allowances as have been or shall be made by the General Court or Assembly, and all such Allowances and Payments as are already directed by any Act of this Province to be made out of the Publick Treasury; For the Discharging the Arrears of Debts, due from each of the late Colonies of the Massachusetts and Plymouth, and the Publick Debts now due from this Province, or that shall be Contracted on the Publick Accompt within the same; For the Support of the Government, and answering of the Incident and Contingent Charges thereof; and for no other ends or intents whatsoever. Do Unanimously Grant unto His most Excellent Majesty, a Tax of Six thousand three hundred forty four Pounds, in Money, to be levied upon Polls and Estates both real and personal within the said Province, as in and by this present Act for the manner and pro­portion thereof is directed and set forth.

And be it enacted by the Lieutenant Governour, Council and Representatives in General Court Assembled, and by the Authority of the same,

That the Treasurer do forthwith send out his Warrants directed unto the Select men, Trustees or Assessors of each respective Town or Precinct within this Province, Requiring them forthwith to Assess the Sums herein set and proportioned unto such Town or Precinct, upon all Rateable Male Polls above the Age of Sixteen Years (ex­cept Elders of Churches, settled Ministers, the Praesident, Fellows & Students of Harvard Colledge, Grammar School masters, and such who through Age, Infirmity or extream Poverty in the Judgment of the Assessors are rendred uncapable to contribute towards publick Charges) and upon all Estates both real and personal lying within the Limits and Bounds of such Town or Precinct, and next unto the same (not paying else where) in whose hands or possession soever [Page 166] the same shall be found, in just and equal proportion as near as may be according to their best judgment and discretion, making no differ­rence [...] to the Sum set upon Polls; All Indian, Melatto and Negro Servants to be Estimated as other personal Estate; And to make two distinct [...] of the Assessment of said Sum upon the Polls and E­states within such Town or Precinct, each List containing one just half of the said Towns or Precincts proportion to this Tax; therein setting forth what each particular person is to pay towards the same, against his or her name respectively. And the Lists so perfected and signed by the said Assessors, or the major part of them, to commit to the Collector, Constable or Constables of such Town or Precinct, as also to return a Certificate of the name or names of such Collector, Constable or Constables, together with the Sum total of the List or Lists to each of them respectively committed, unto the Treasurer, at or before the Fifteenth day of August next coming.

And the Treasurer upon Receipt of such Certificate, is hereby impowred and ordered to issue forth his Warrant or Warrants to the said Collector, Constable or Constables, requiring him or them re­spectively to Collect the Sum total of one of the said Lists, and to pay the same into the Treasury, and issue the Accompts thereof with himself or his Successor in said Office, at or before the first day of October next ensueing. Also to Collect the Sum total of the other of said Lists, and pay the same in, and issue the Accompts thereof as a­foresaid, at or before the first day of January next following. And the Treasurer is hereby also directed to send his aforesaid Warrants inclosed to the Sheriff or Marshal of each respective County, who is hereby required immediately to disperse and transmit the same unto the Select-men, Trustees, Assessors, Constables or Collectors, of the several Towns and Precincts, according to the directions thereof; and for his said Service, Charge and Expences therein, shall have a reasonable allowance ordered him by the Court of Quarter Sessions in such County, out of the County Treasury, upon his laying the Accompt thereof before them.

And be it further enacted by the Authority aforesaid,

That each Town and Precinct within this Province shall be Asses­sed and pay as its proportion to this present Tax, the Sums hereafter following. That is to say,

And be it further enacted by the Authority aforesaid,

That it shalt and may be lawful, to and for the Select-men or Trustees of any of the Towns or Precincts afore-mentioned, and they have hereby full power and authority to cause the Freeholders and other Inhabitants of their respective Towns or Precincts, qualified by Law to Vote in Town Affairs, to assemble at such time and place as they shall appoint, and to elect and depute seven, five or three per­sons being Free holders within such Town or Precinct, to be Asses­sors for the proportioning and assessing the Sum before set on such Town or Precinct upon the Male Polls and Estate within the same: and all and every such person, so Chosen for Assessors, and accepting, thereof, shall take the Oath following. That is to say,

[Page 169] YOU A B. being Chosen an Assessor for the Town of C. for this present Tax, Oath de Swear, That in the discharge of said Trust, you will deal impartially and equally therein, in proportioning the Sum to be Assessed upon the said Town, after the best of your discretion and judgment. So help you God &c.

[...] Oath the Town Clerk of each Town or Precinct, where [...] Justice of the Peace, is hereby impowred to administer. [...] Select-men or Trustees of any Town or Precinct, [...] refuse to cause Assessors to be Chosen as aforesaid, or in such Assessors to chosen shall refuse to accept of the said Trust; the present Select men or Trustees of such Town or Precinct, shall be, and a [...] declared the Assessors of the same, and shall seve­rally take the Oath before mentioned. And every Assessor attending the Service aforesaid, shall be paid by the Town Treasurer, or out of the Town [...], Two Shillings Per Diem for each day he attends said Service.

And be it further enacted,

That if [...] of any Town or Precinct shall neglect or re­fuse to perform the Service required of them by this Act,they shall pay the Sum set and proportioned upon such Town or Precinct, in and by this Act, to be Levied by distress and sale of the Estates real or personal of such defective Assessors by a Warrant from the Treasu­rer directed to the Sheriff or Marshal of the County in which such Town or Precinct lies, and for want of Estate, their Bodies to be taken and imprisoned, until they pay the same. And all Sheriffs, Constables or Collectors failing of performing the Duty and Service of them respectively required, shall be liable and subject unto the like Pains, Penalties and Forfeitures, to be prosecuted and recovered of them in the same way and manner as in and by any Act or Acts of the General Assembly, or any clause, branch or article there­of are set, declared and described.

And for the better enabling the Treasurer to Enforce the bringing in the [...] granted or due from any Town or Precict, or in the hands of any [...] Constable or Collector.

Be it enacted by the Authority aforesaid,

That the Treasurer be, and hereby is impowred, to take, use and exercise, as well all such rules, directions, powers and authorities as have heretofore been given him in and by any Act or Acts of the General Assembly, or in any clause, branch or article thereof, as in and by this present Act for the obtaining and drawing into the Trea­sury, the Money herein granted, as also the Arrears of all former Rates, [...] and effectually, as if the same directions, powers and authorities had herein been again particularly recited and re-enacted; and notwithstanding any limitation or restraint thereof in or to the particular Act or Acts wherein the same are enumerated, set down and [...].

[Page 170] And be it further enacted by the Authority aforesaid,

That the Treasurer be, and hereby is impowred to issue forth and pay a certain number of the Bills of Credit of the late Colony of the Massachusetts, Endorst in manner as is directed by the Act, Enti­tuled, An Act, For a present Supply of the Treasury, to the Sum of Four Thousand Pounds & no more, towards the Uses for which this present Tax is granted; which Bills shall pass out of the Treasury at the value therein expressed, the Treasurer to have Credit in his Accompts after the rate of Five Pounds Per Cent, more for such Sum in said Bills as he shall so issue forth as aforesaid, having been received into the Treasury at that value, and the said Bills shall be taken and accepted in all publick Payments, with the advance of twelve pence on the Pound over and above the Sum therein expressed. And this present Tax, together with the Impost and Excise granted and continued by this Court, to be a Fund for the Re-payment of all such Sums in said Bills, as shall be in the hands of particular persons in currant Money of this Province.

AND WHEREAS the several Towns and Precincts here-after mentioned, are behind in Arrears of former Taxes granted by the General Assembly, as appears by an Accompt thereof laid before this Court by the Treasurer, the several and respective Sums following, That is to say,

[Page 172] Be it therefore Enacted by the Authority aforesaid,

That the Treasurer do send forth his Warrants to the Select men, Trustees or Assessors of each of the Towns and Precincts before na­med, requiring them to Assess the said several and respective Sum and Sums which they are in Arrear as aforesaid, in manner and form as is directed for the Tax herein granted, and to return a Certificate thereof unto himself in manner before described. And the Trea­surer is also ordered upon receipt of such Certificate, to issue forth his Warrants for the collecting and paying in the same, in man­ner, and at times in and by this Act set, limited and directed for the Tax therein granted. And all persons sailing of their duty, either in the Assessing, collecting or paying in of the said Arrears; or any other thing of them lawfully required concerning the same, shall be liable to the same pains, penalties and forfeitures, as such as neglect their duty in any thing required of them rela­ting to this present Tax.

WHEREAS divers great Disorders, wicked practices & depradations have been and are frequently committed by several of His Majesties Subjects in and upon the Seas, to the great damage and prejudice of His Maje­sties Allies, and contrary to Treaties of Peace, and the good Correspondence which ought to be maintained amongst Christian Kings, Princes, and States is thereby lessened and impaired. And whereas, also divers of His Majesties Subjects have and do commit divers Inhumane and Hostile Acts and Depradations upon the Subjects and Allies of divers Princes and States in Forreign Parts, in amity with His Majesty; which by reason of the remoteness; of the place where the Fact was committed, can ve­ry rarely be proved by witness indifferent, and many times Kill and Murder such persons being in the Ship or Boat where such Offences are perpetrated, which should bear witness against them in that behalf. And whereas di­vers persons to whom private Commissions of War are granted, do many times take, Job and spoil the Ships, Goods Merchandizes, and things be­longing to the Subjects of Princes and States in Amity with the Crown of England, and Burn, Sink or Destroy such Ships or Vessels wherein such Goods, Merchandizes and Things were taken, that the same may not be discovered and knows, contrary to the intent and meaning of the Granting [Page 173] of such Commissions, and the Instructions therewith given them. Which dis­orders, wicked practices and depradations ought to be detested and abhor­red by all His Majesties Subjects: And for Prevention and Reformati­on thereof.

Be it enacted by the Lieutenant Governour, Council and Representative Convened in General Assembly: And it is hereby enacted by the Authority of the same.

That all Treasons, Treasons, Fe­lonies, Robe­ries &c. com­mitted on the Sea, to be heard & Judg­ed in [...] & as [...] be [...] by Commission. Felonies, Robberies and Confederacies hereafter to be committed in or upon the Sea, shall be Enquired, Tryed, Heard Determined and Judged in such Counties and Places as shall be limi­ted by Commission or Commissions from the Governour, Lieutenant Governour, or Commander in Chief for the time being of this Pro­vince, by and with the Advice and Consent of the Council, to be directed for the same in like manner and form, as it such Offence or Offences had been committed or done in or upon the Land: And such Commissions shall be had under the Seal of the Province, directed to three or more substantial persons from time to time, and as oft as need shall require to hear and determine such Offences after the common course of the Laws, of this Province, used for Treasons, Felonies, Robberies, Murthers and Confederacies done and commit­ted upon the Land within the same.

And be it enacted by the Authority aforesaid,

That such persons to whom such Commission or Commissions shall be directed, Such Offences to be [...] of by the oath of 12. men. or three of them at the least, shall have full power and authority to Enquire of such Offences, by the Oaths of twelve good and lawful Inhabitants in the Shire limited in their Commission in such like manner and form, as if such Offences had been commit­ted upon the Land within the same Shire: And that every Indict­ment found and presented before such Commissioners, of any Trea­sons, Felonies, Robberies, Murthers, Man-slaughters, or such other Offences be committed or done, in and upon the Seas, shall be good and effectual in the Law: And if any person or persons happen to be Indicted for any such offence hereafter to be done in and upon the Seas, or in any other place above limited; That then such Or­der, Process, Judgment and Execution shall be used, had done or made, to, and against every such person and persons, so being indict­ed and found, as against Traytors, Felons and Murtherers, for Trea­son, Felony, Robbery, Murther, or such other Offences done upon the Land, as by the Laws of this Province is or shall be accustomed. And that the Tryal of such Offence or Offences, if it be denied by the Offender or Offenders, shall be had by twelve lawful [...] inha­biting in the Shire, limited in such Commission, which [...] be di­rected as is aforesaid. And such as shall be convicted of any such Offence or Offences by Verdict, Confession, or Process by Authority of any such Commission, shall have and suffer such pains of Death, losses of Goods and Chattels, as if they had been attainted and con­victed of any Treasons, Felonies or Robberies, or other the said Of­fences [Page 174] done upon the Land, for and towards the Support of the Go­vernment within this His Majesties Province.

Provided always, Saving for Persons com­peled by ne­cessary that shall take Victuals & that may be conveniently spared. That this Act extend not to be prejudicial or hurtful to any person or persons, for taking any Victual, Cables Ropes, Anchors or Sails, which any person or persons (compelled by necessity) taketh of or in any Ship which may conveniently spare the same, so as the same person or persons pay out of hand for the same Victual, Cables, Ropes, Anchors or Sails, money, or mony-worth, to the value of the thing so taken, or do deliver for the same, a sufficient Bill Obligatory payable in reasonable time, not exceeding twelve months; and that the makers of such Bills well and truly pay the same Debt at the day to be limited within the said Bills.

And be it also further enacted by the Authority aforesaid,

That if any suspected person or persons, shall hereafter bring into this Province any Forreign Coines, Suspected persons to be Seized & Se­cured, as also their Treasure Gold, Bullion, Merchandize, and other Treasure, supposed to be taken in and upon the Seas, in man­ner aforesaid: That then, and in every such case, the next Justice or Justices of the Peace, or other Magistrate then present upon the place, are hereby required and impowred upon his or their own knowledge or information given to him or them thereof to Grant Warrants to the Sheriff or Constable of the Place, to Ap­prehend and Seize every such person or persons, his and their Money, Gold, Bullion, Merchandize and Treasure, and to bring the same before such Justice or Magistrates, to be Examined and Proceeded against as the Law directs; and in case such suspected person or persons cannot produce a Certificate, or produce, two Evidences, where, and how he came by such Monies, Gold Ful­lion, Merchandize or Treasure, then such Justices or Magistrates may Commit such person or persons to Goal, without Bayl or Mainprize, until he or they be discharged by Law, and secure such Money, Gold, Bullion, Merchandize or Treasure, to be dis­posed of as the Law directs. And every such Sheriff or other Officer, Officers to be Assisted in making such Seizures. to whom such Warrant or Warrants shall be directed, shall require and take such a number of persons with Arms, or otherwise, as he or they shall think meet, for the seizing and ap­prehending such person or persons, and carrying him or them before such Justice or Magistrate as aforesaid, and every person or persons refusing or neglecting to be aiding and assisting to such Of­ficer or Officers, in the Execution of such Warrant or Warrants, shall be proceeded against as the Law directs, and in such manner, and under such penalties, as in other the like cases is accustomed and provided; Penalty for neglect. and every such Officer or Officers offending or neglective in his Office, and Execution thereof, shall be punished as the [...] also directs.

[Page 175] And it is hereby further enacted,

That if any person or persons to whom such private Commission or Commissions is, Private men of War to bring what they take in to some of His Majesties Ports for ad­judication ac­cording to their In­structions. are, or shall be granted, do hereafter take, sur­prize & seize any Ship, Vessel, Goods, Merchandizes and Things of the Subjects of any Prince or State whatsoever, and do not bring such Ship, Vessel, Goods, Merchandises and Things into some Port or Ports belonging to His Majesty, pursuant to their Commissions and Instructions, there to Receive Legal Condemnation, unless hindered by the inevitable Providence of God, whereof sufficient proof shall be made, or produce two at least of the Company belonging to the Ship or Vessel so taken, to manifest that the Ship, Vessel and Goods so taken, belonged at the time of the Caption thereof to the Subjects of the Enemies of the Crown of England, shall be prosecuted as Robbers and Felons, and as if no such Com­mission or Commissions had been granted to them, and under such pains and penalties as before in this Act is mentioned inflict­ed and declared.