AT A General Court Called by the Honourable GOVERNOUR on His Receipt of His MAJESTIES Letter, to sit in Boston, July the 9 th. 1684. When they Sate there was Made and Passed the Law and Order following; And by their Order Printed:
THis Court being Informed that great Disorders and Depradations have been committed by several of His Majesties Subjects, to the great damage and prejudice of His Majesties Allies, and contrary to Treaties of P [...]ace, & that good Correspondence which ought to be maintained between Christian Princes and States, and that several Persons contrary to their Duty and good Allegiance have and do go from this Colony into forreign Princes Services, and Sail under their Commissions; For the prevention whereof:
It is Ordered and Enacted by this Court and the Authority thereof, that from and after the Publication hereof, it shall not be lawful for any person that now doth, or hereafter shall inhabit, come in or belong to this Colony to serve in America in any Hostile manner under any Forreign Prince, State or Potentate, or any imployed under them against any other Forreign Prince, State or Potentate in Amity with [Page 104] His Majesty, without special Licence or Commission first had from His Majesty, or the Governour and Company of this Colony under the Colonies Seal, or some of His Majesties Governours or other lawful Authority under him elsewhere, for their so doing; And that all and every such Offender or Offenders being duely convicted, shall suffer the pains of Death:
Provided nevertheless, that this Act, nor any thing therein contained, shall extend to any person or persons which now are, or have been in the Service or Imployment of any Forreign Prince, State or Potentate whatsoever, that shall return to this Colony, and leave and desert such Service and Imployment before the 25 th. day of March next ensuing.
And be it further Enacted by the Authority aforesaid, that all and every person or persons that shall any way knowingly Entertain, Harbour, Counsel, Trade, or hold any Correspondence by Letter or otherwise with any person or persons that shall be deemed and adjudged to be Privateers, Pirates or other Offenders within the constructions of this Act, and that shall not readily endeavour to the best of his or their power, to Apprehend, or cause to be Apprehended: such Offender or Offenders, shall be liable to be prosecuted as Accessaries and Confederates, and suffer such Pains and Penalties as by Law is in such case provided.
And be it further Enacted by the Authority aforesaid, that the chief Commission Officer then present upon the place in any Town or Harbour where there is no Magistrate or other person invested with like Authority residing and at hand, are hereby in their several precincts within this Colony required and impowred upon his or their knowledg or information given, that any Privateers, Pirates or other persons suspected, to be upon any such unlawful designes, to graunt Warrants to the Constables of the place, to Apprehend and Sieze every such person or persons, and if need be shall assist the Constable, and raise and Leavy such a number of well-armed men as he or they shall think meet for the siezing and apprehending of every such person or persons, and carrying them before the Governour or some of the Magistrates to be further examined, and proceeded against as the Law directs.
And in case of any resistance or refusal to yield Obedience to such Authority and Seizure, it shall be lawful to kill or destroy such person or persons, and all and every person that shall oppose or resist by strikeing or firing upon the Officers, or any that are by him commanded for his aid and assistance, shall be deem'd, taken and adjudged Capital Offenders, and be put to death; and every such Officer that shall omit or neglect his duty therein, being legally convicted within three moneths after such his neglect shall forfeit fifty [...] currant Money of this Colony for every such offence for the use of this Colony.
And every person or persons that upon Orders given him or them shall refuse to repair immediately with his or their Arms well fixed, and [Page 105] Amunition to such place or places as shall be appointed by the said Officer, and not readily obey his Command in the Execution of the premises, shall be liable to pay a fine of five pounds in Money, or suffer such Corporal Punishment as the Magistrate or County Court that shall have cognizance thereof shall determine.
IN Answer to the Petition of several Taverners and In-keepers Licensed; This Court for the encouragement of the Petitioners and others Licensed as the Law directs, for keeping Houses of publick Entertainment; and for their security against the great injuries to them sustained by the irregular Practises of all unlicensed persons;
Do Order, that all Tything-men, Grand-jury-men and Constables in their respective places, diligently inspect all disordered Houses that do contrary to Law Retail Wine, Ale, Beer, Cider, Liquors, &c. without Licence, and to prosecute the wholsome Laws made against all such Disorders: And do further Order, that one Complaint made by any Licensed person against any that are unlicensed, for transgressing in that kind, before any Magistrate or County Court, and being legally convicted thereof, every such Complainant shall have for his Recompence the one moiety or half part of the fine or fines imposed upon such Delinquents.