bours and navigation on the sea-coast 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,

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 sea-coasts 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, 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 sea-coast, 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 sea-coast 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.

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 there from 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 snail 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