Dunlap's Pennsylvania packet , The general advertiser — Philadelphia, Pa., 1774-06-13 00:00:00, page 3

A BIL L for the impartial administration of
fif ice in the Case of Persons questioned for any
Acts done by them in the Execution of the Law,
or for the Supprefion of Riots and Tumults, in
the Province of the MMfacAulctts-Bay, in New-
England.
WHEREAS in his Majesty's province of
Mafachufetts-Bay, in Neous-England, an
attempt hath lately been made to throw off the
authority of the parliament of Great-Britain over
the said province; and an actual and avowed re
finance, by open force, to the execution f cer
tain ads of parliament, hath been fuffered to
take place, uncontrouled and unpunished, in de
fiance of his Majesty's authority, and to the ut
ter subversion of ah lawful Government.
And whereas, in the present disordered Late of
the said province, it i; of the utm ft importance
to the general welfare thereof, and to the re-ef
tabiifhent of lawful authority throughout the
fame, that neither the Magistrates anting in sup
port of the laws, nor any of his Majesty's luo
je&s aiding and affixing them therein, er in
the fupprefiion of Riots and Tumults, raised in
opposition to the execution of the laws and sta
tutes of this Realm, Ihould be discouraged from
the proper discharge of their duty, by an appre
hension, that in case of their being questioned for
any adts done therein, they may be liable to be
brought to trial for the fame, before persons who
do not acknowledge the validity of the laws in
the execution whereof, or the authority of the
Magilrate in the support of whom such ads had
b en done.
In order therefore to remove every such qif
couragement from the minds of his Majesty's
fubje&s, and to induce them, upon all proper
occasions, to exert themselves in support of the
public peace of the province, and of the autho
rity of the King and Parliament of Great- Britain
over the fame : Be it enacted by the KING's
Most excellent Majesty, by and with the ad
vice and consent of the Lords spiritual and tem
p >ral, and Commons, in this present Parliament
assembled, and by the authority of the fame,
That if at any time, within the space of
years from and after the ary bill or
brils of indictment Ihall be found against any
perf n for murther, or other capital offence, in
the province of the Mafacbafetts-Bay, and it
ihall appear, by information given upon oath to
the Governor, or in his absence to the Lieute
nant-Governor, of the said province, that the
fad was committed, by the perlon indicted,
while he was either in the execution of his duty
as a magistrate, for the suppression of Riots, or
in the support of the laws of revenue, or that
he was acting in his duty as an officer of reve
nue, or acting under the direction and erder cf
any raagiftrate for the suppression of riots, or for
t e carrying into eked the laws of revenue, or
aiding and affi ting in any of the purposes afi re
faid; and ir it ihall alio appear, to the fati;-
faction of the laid Governor, or Lieutenant-Go
vernor respectively, that an indifferent trial can
not be had within the said province, in that case
it ihall and may be lawful for the Govern r, or
Lieutenant-G vernor, to direct that the indict
ment (hall be tried in some other of his Majesty's
col nieq or in Great-Britain, and for that pur
p fe t order the person indicted to be lent un
der a fufficient custody to the place appointed for
his trial ; and that there may be no failure of
justice frem the want of evidence in such cases,
it Ihall and may be lawful for the Governor, or
in his absence the Lieutenant-Governor, to fet
tle and aiTei's a reasonable sum to be allowed for
the expences of such witnesses as the prosecutor,
or the person indided, Ihall desire to be fum
m.n d; which sum Ihall be advanced by the
C mmiffioners of his Majesty's Call ,ms, to the
witnesses, who, upon the receipt thereof, shall
enter into a recognizance before a Judge of
the Superior Court, to appear and give evidence
upon the trial of such indictment.
And be it further enacted, 1 hat the Governor,
or in his absence the Lieutenant-Governor, if he
shall direct the trial to he had in any ether of his
Majesty's colonies, shall transmit the indict
ment, together with the recognizances of the
witnesses; under the seal of the province, to the
Governor df such other colony; who ihall im
mediately issue a Commission of Oyer and Ter
miner, and deliver, or cause to be delivered, the
said indictment, with the laid recognizances, to
tlie Chief Justice, and such other persons as have
usually been Commissioners of Oyer and Termi
ner there, who ihall have power to proceed upon
the said indictment, as if the fame had been
found before them, and the trial shall thereupon
proceed in like manner, to all intents and pur
poses as if t e offence had been committed in
such place : And in case the Governor, or in his
absence the Lieutenant-Governor, shall direCt
the trial to be had in Great-Rritain, he shall then
transmit the indictment, together with the re
cognizances of the witnesses, under the seal of
the province, to one of His Majesty's Principal
Secretaries of State, who shall deliver, or cause
to be delivered, the fame to the Master of the
Crown Office, and the indictment shall be tried
in the next term, at the bar cf the Court of
King's Bench, in like manner, to all intents and
purposes, as if the offence had been committed
in the county of Middlesex.
A BILL for the better regulating the Government
of the Province of the Massachusetts-Bay, in
North-America.
WHEREAS by letters patent under the
Great Seal of England, made in the
third year of the reign of their late Majesties
King William and Queen Mary, for uniting,
erecting and incorporating the several Colonies,
Territories, and Tracts of Land therein men
tioned, into one real Province, by the name of
POSTSCRIP T to the Penflfylvania Packet. June 14, 1774.
By Capt. Williamson, arrived at Marblehead, in
0)6 daNs fro? - Brillol, we have the following im
portant advices, viz.
And it is hereby further enabled, That the said
Assistants or Counfellors so to be appointed as
aforefaid, shall hold their offices respectively, for
and during the pleasure of his Majesty, his heirs
or fuccefTors, and shall have and enjoy all the
powers, privileges, and immunities, at present held,
exercised and enjoyed by the AffiHants and Coun
fellors of the said province, conttituted arid ele&ed
from time to time, under the said Charter, except
as hereinafter excepted ; and shall also, upon their
admission into the said Council, and before they
enter upon the execution of their offices, refpeA
ively take the oaths, and make, repeat, and sub
scribe, the declarations required, as well by the
said Charter, as by any law or laws of said pro
vince now in force, to be taken by the Ailiftants or
Counfellors, which have been so elected and con
stituted as aforefaid.
And be it further enabled by the authority afore
faid, That from and after the
it shall and may be lawful far his Majesty's Go
vernor for the time being, of the said province, or
in his absence, for the Lieutenant Governor, to
nominate and appoint, under the Seal of the pro
vince, from time to time, the Judges of the In
ferior Courts of Common Pleas, Commissioners of
Over and Terminer, the Attorney General, She
riffs, Provosts Marshals, Justices of the Peace,
Be it therefore enabled, by the K ING's most
excellent Majesty, by and wuh the advice and
consent of the Lords Spirital and Temporal and
Commons, in this present Parliament assembled,
and by the authority of the fame, that from and
after the
so much of the Charter granted by their Majesties
Ku g lAiltiam and Queen Mary to the inhabitants
of the laid provir.ee of the Mafochafetts-Bay in
New-England, and all and every claule, matter,
and thing therein contained, which relates to the
time and manner ol ele&ing the Affidants or Coun
fellors, foi the laid province, and all elections and
appointments of inch Counfellors and Aidants
made in pursuance thereof, shall
and that from and after the said
the Council or Court of
Assistants of the said province for the time being,
Ihall be computed of luch of tire inhabitants or pr -
prietors or lands withi thelame, as ihall be the e
unto nominated or appointed by his vlajerty, his
Heirs and Succelfors, by Warrant under his or
their signet or hgn mar ual, and with the advice of
the Privy Council, agreeable to the practice now
used in refped to the appointment of Counfellors
in such ofhis Majesty's other Colonies, in America,
the Governors whereof are appointed by com nil
lion under the Great-Seal of Great Britain: pro
vided the number of the said Militants 01 Coun
fellors shall not at any one time exceed
nor be less than
their Majesties Province of the Maffachufats
fay, in New-England, whereby it was among
other things ordained and eitabliihed, that the
Governor of the said Province Ihoula from
thenceforth be appointed and commiffionated by
their Majesties their Heirs and Succeflors, it was
however granted and ordained, that from the
expiration of the term, for, and during which
the Eight and Twenty Persons, named in the
said Letters Patent, were appointed to be the firft
Counfellors or Afliitants to the Governor of the
said Province for the time being, the aforefaid
number of eight and twenty Counfellors or As
sistants ffiould yearly, once every year, for ever
thereafter, be, by the General Court or Assem
bly, newly chosen :
And whereas the said meth d of electing such
Counfellors or Affiitants to be veiled witn tiie
several powers, auth rities, and privileges there
in mentioned, although conformable to the
practice, heretofore uled, in such 1 the colo
nies thereby united, in which the appointment
of the respective Governors had been vetted in
the General Courts or Alfemblies of the said
Colonies, hath, by repeated experience, been
found to be extremely ill adapted to the plan of
government eitaolilhed in the province ot the
Maffachujetts-Bay, by the said Letters Patent
herein before mentioned, and hath been io far
from contributing to the attainment of the good
ends and purposes thereby intended, and to the
promoting of the internal welfare, peace and
good government, or to the maintenance of that
just fubordiriation to, and conformity with, the
laws cf Great-Britain, that the manner of ex
ercising the powers, authorities, and privileges
aforefaid, by the perlons io annually elected,
hatli for some time palt been luch as had the
most manifeft tendency to obftrud, and in great
measure defeat the execution of the laws, to
weaken the attachment of His Majesty's well
difpofed fubjeds, in the said province, to His
Majesty's government, and to encourage the ill
diipofed among them to proceed even to acts cf
direct refinance to, and defiance of, His Ma
jesty's authority ; and it hath accordingly hap
pened, that an open rehttance to the execution
of the laws hatn ^uGly taken p^ace hi thetown
or Bfton and the neighbourhood thereof, within
the laid province :
And whereas it is, under tiiefe circumstances,
become absolutely n.canary, in order t the prc
fervation of the peace aim got u order m tne laid
province, the protection of Iris Majciiy s weil
diipeded Subjects therein rehdent, the continuance
of the mutual benents drying troin the commerce
and correlp adence between tins kingdom and
the sud province, una the maintaining of thejuft
dependance cl the lain province u r cn the Cr^w n
mid Parliament of Great- ritatn, that the laid
method or annually electing the Counfellors or
Ailiftants of the lain province Should no longer
be fullered to continue, but that the appoint
ment of the laid Ccuniellors 01 Ailiftants mould
henceforth be put upon the like footing as is
established in inch ether of His Majesty's colo
nies or plantations in America, the Governors
" hereof are appointed by His Majeily's Com
milfion under the Great Seal of G, eat-britain.
and other officers to Council or Courts of Justice
belonging and to remove the fame without the con
sent of the Council ; and that all judges of the Infe
rior courts of CommonPleas,Commillionerso Oyer
and Terminer, the Attorney General, Sheriffs, Pro
vosts Marshals, justices, and other Officers so ap
pointed by the Governor, or in his absence by the
Lieutenant Governor alone, Ihall and may have,
hold, and exercise the their said offices, powers,
and authorioies as fu ly and completely, to all in
tents and purposes, as any Judges of the Inferior
Courts of Common Pleas, Commissioners of Oyer
and Terminer, Attorney General, Sheriffs, Pro
vosts Marshals, or other officers, have or might
have done heretofore under the Letters Patent, in
the third year of the reign of their late Majesties
King William and Queen Mary, any law, statute,
or usage, to the contrary notwithstanding.
Provided always, and be it enabled, That no
thing herein contained Ihall extend, or be con,
ftrued to extend to annul or make void the corn
million granted before the. .
to any Judges of the inferior Courts of Common
Pleas, Commissioners of Oyer and Terminer, the
Attorn.y General, Sheriffs, Provolts Marshals,
Justices of the Peace, or other Officers; but that
they may hold and exercise the fame, as if this
aft had never been made, until the fame shall be
determined by death, removal by the Governor,
or other avoidance, as the case may happen.
And be it farther enabled by the authority
aforefaid, that upon every vacancy of the offices
of the Chief Judice and Judges of the Superior
Court ofthe said province, from and after the
the Governor for the time being, or in his ab
sence the Lieutenant Governor, without the con
sent of the Council, shall have full power and au
thority to nominate and appoint the persons to suc
ceed to the said offices, who shall hold their com
miilions during the pleasure of his Majeft,, his
heir and fuccefTors ; and/ that neither the Chief
Justice and Judget appointed before the said
nor those who shall hereafter be ap
pointed pursuant to this Ad, shall be removed, un
less by the order of his Majesty, his heirs or suc
cessors, under his or their Sign Manual
Ind be it further enabled by the authority
aforefoid, That the Governor, Lieutenant Gover
nor, Chief Justice, the Judges of the Superior
Court, and the Secretary of the said province, for
the time being, shall be, and they are hereby ap
pointed, during their continuance in their respec
tive o Tices, Justices of the Peace in and for every
county ofthe said province, and shall and may have,
hold and enjoy, all the powers and authorities giv
en to the Justices ofthe Peace by virtue of their
commiflion, or by any Aft of the General-Court
of the said province.
And whereas, by an Ad of the General-Court
of the said province, made in the fourth year of
their late Majesties King William and Queen Asa
% intitled “ An Ad for regulating of town-ships,
choice of town-officers, and setting forth their
power," the freeholders and inhabitants of the fe
vetal townlhips, rateable at twenty pounds estate,
are authorized to assemble together, in the month
of diarch in every year, upon notice given by the
conttable, or such other as the Seled Men ofthe
town shall appoint, for the choice of Seled Men,
constables, and other officers; and the freeholders
and inhabitants are also impowered to make and
agree upon such necessary rules, orders and bye
laws, for the directing, managing, and ordering,
the prudential afiairs, and to annex penapics for the
non-observance of the fame, not exceeding twenty
(hillings for one offence; provided they be not re
pugnant to the general laws ofthe said province.
And whereas a great abuse has been made of
the power of calling luch meetings, and the inha
bitants have, contrary to the dehgn of their insti
tution, been milled to treat upon matters ofthe
mod general concern, and to pals many dangerous
and unwarrantable resolves ; for remedy whereof,
Be it enabled, That from and after the
no town-meeting shall be called by the Sele&-Men,
or at the request of any number of freeholdeis,
without the leave ofthe Governor in writing, ex
pelling the Ipecial business of the said meeting, firft
nad and obtained, except the annual meeting in the
month of March, for the choice of Select Men,
cjJtibles, and other officers; and that no other
matter shall be treated of at luch meeting, except
the election of their aforefaid officers, nor at any
other meeting, except the business expressed in the
leave given by the Governor.
And whereas, in pursuance of an A& of AfTem
bly of the said province, made in the seventh year
of the reign of William the third, and three otker
Aiffs of Assembly, made in the eleventh year of
the fame reign, Jurors, as well Grand as Petty,
have been ulually summoned and returned by the
constables of the several towns, by virtue of writs
or warrants directed to them, by the Clerks ofthe
several Courts, requiring them to assemble the
inliabitants of the said towns, to chose fit persons
to serve as Jurors for such towns, and to summon
and return such persons so chosen; which practice
of chofing Jurors, and returning them, without the
intervention of the Sheriff, has been found to be
detrimental to the adniiniftrdtion of Justice Be it
therefore enabled by the authority aforefaid, that
from and after the
next ensuing, so much ofthe said ARs of Assem
bly, and of all other laws now in force, within the
said province, as direds the return of Juries to be
made by the constables, by an election of the inha
bitants ofthe several towns, shall
and all Jurors, as well Grand as Petty, shall be
returned by the Sheriffs of the several counties,
and no othervrife; and the Justices ofthe Superior
Court of the said province, at a convenient time
before the fitting of the Superior Court in every
county, and the Justices of the Peace for every
county in the said province, at a convenient time
before the fitting of the Quarter Session of such
county, shall issue their precepts or warrants to the
HOUSE cf COMMON S, /,„/ 21.
THE House fat for near h..lf an hour without
any business before them, when Lead North
came, and presented to the Speaker feve:al extracts
of letters, &c. and the third Bolton bill, “ for the
" impartial administration of justice in the cases of
" persons questioned for any afts done by them in
" toe execution of the law, or for the fuppreffin
" of riotsand tumults, in the province of Mafla
" chufetts Bay, in New England."
The Bill was read a firft time; upon which Mr.
Sawbridge arose, faying, " Sir, I madonftid ->t
the noble Lord's proceeding, in bringing in a bill
of the utm< it consequence, at a time wb.cn time is
So thin a House. [There was only forty-cne Mein
hers.] It is an improper time; it is taking to by
Surprize ; it is cowardiv. But, Sir, I should tliik
myfelf highly unworthy a feat in this Athmbly,
was Ito fuffer so pernicious a bill to pds in anv
Stage, without giving ms hearty negative to it. I
will oppose it every time I have an opportunity, al
though Ido not imagine I shall be much attended
upon juries as herein before ordered and dire 'ted,
such Sheriff shall attend the pr<ver office of the
said court with a lift of of rhe priccip.il
freeholders and inhabitants of the said county qua
lified to serve upon juries, and the fad S ec<dl
jury shall be drtick out ofthe faidhft; an lit ihall
and may be lawful for the judi es of the said Su
perior Court, and they are hereby an.ho ifd and
impowered, upon the motion of either o f the par
ties, in any case or action which shall be brought:
to iffoe, to order the laid Cattle or Ainn to os
tried in any county, other than the county in
which the said cause or action shall have b ea
biought or laid, by a jury of fu h other coun v,
as they flial! judge fit and proper, any aft of As.
fembly or provincial law to the coatrary aatwitli-
Landing.
And be it further enabled by the authority afore
faid, 1 hat all clerks of courts, Sheriff's, Consta
bles, and other persons within the said provi ce,
to whom the ordering, making, delivering, o re
cording the lifts of the freehold© s and i habitants
qualified to serve upon juries as aforefaid, ihall be
long or appertain, according to the true intent and
meaning of this present a&, and thefaid a&s here
by referred to, who shall be guilty of any wilful
neglect, default, or misfeazahce, in carrying into
execution this aft, according to its true intent and
meaning, shall incur and fuffer filch fines and pe
nalties as are severally mentioned in the said aLs
of Parliament hereby referred to; and all perlons
who being duly qualified as aforefaid, frail be duly
summoned to feive upon juries in manner aforefaid,
and shall not attend such service, shall incur and
fuffer such fines and penalties as by the laws of
the said province, jurors making default are now
fubjed to.
And be it further enabled by the authority afore
faid, That if any action shall be brought agaii ft
any Sheriff, for what he shall do in execution, of
by virtue ofthis a&, hemay plead the gene:al ifTue,
and give the special matter in evidence; and
if a verdid shall be found for him, he shall
recover Costs.
Sheriff of such county, for such several ' Courts re
fpeAively to summon out cf the freeh Iters and
i t habitants of such ecu ty qualified to serve up n
Juries, luch a number of good and lawful mnas
luch precept or warrant shall Jiredt, to serve upon
the Grand Jury at such refpe&iv^ Court; and
such persons so summoned and returned by the said
Sheriff, or such of them as shall appear, Ihall beim
pannelled and sworn the Grand Inquest for the
body of the county, and Ihall continue as such
during the fitting l of such refpettive Court, and un
til they shall be difmifTed by the fame ; and in all in
di&ments, informations, actions and causes de
pending before the Superior Court, or any Court
of Quarter Seffion,or Court of Common Plears, in
the laid province, which shall be at iffiie and or
dered for trial, the Juries shall be summoned, itur
pannelled, and returned, by the Sheriff of the
county, out of the freeholdeas and inhabitants of
the said county qualified to serve upon Juries, and
shall be chosen and arrayed in such manner and
form, and by and with such regulations and re
ftriaions, as is directed and ordered in and by an
Ad of Parliament, made in the seventh and eighth
years of the reign of his late Majesty tynoinHiam
the third, intituled, “ An Ad for the ease of Ju
" rors, and better regulating of Juries ;" and one
other Ad, made in the eighth and ninth veas of
the fame reign, intitled, “ An Ad to enable the
" returns of Juries as formerly, until the fit* day
" of November, one thousand, fix hundred and
“ ninety-seven ;" and one other Ad of Parliano nt,
made in thethiidiear ofthe freicn of his late Ma
jesty KihgCe^ tl e second, intitled ' An d f t
the better regulation of Juaies; aud one other it
made in the twenty-fourth year of the 'ame reign,
intitled, “ An Ad for the better regulation of
" trials by Jury, and for enlarging the t mefor
" trials by Ni/i plus, in the county of Midd'efex."
And be it further enabled by the authority afore
faid, that lifts of the freeholders and inhabitants
of the several towns, qualified to serve upon ju
ries, Ihall be returned to, and rec rded at, the
Quarter- SefEons for the several counties, and shall
be delivered to the several Sheriffs in manner and
form as directed by the said adfs of Parliament, or
any of them; and until such lifts of such free
holders and inhabitants shall be delivered as afoie^
said, the Sheriff of any county shall and may sum
mon and return fit persons to serve upon juries as
aforefaid, out of the body of the freeholders and
inhabitants of the county, qualified to fe ? ve upm
juries, according to his judgment and dife erion;
and whenever the Judges of the Superior Court
shall award a Special Jury to be ft u* (which
they are hereby authorized and impowered t. do
in such manner as Special Juries have been ufua^y
struck in the court at IVeftminfler at trials at bar)
and if the Sheriff of the county in which such jfo,
shall be warded, shall not have received fib cf
the freeholders and inhabitants qualified to Live
L O N D 0 N, April 23.