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A52201 Acts and laws passed by the Great and General Court or Assembly of the Province of the Massachusetts-Bay in New-England begun and held at Boston, the thirty-first of May, 1699, and continued by several prorogations unto Wednesday the thirteenth of March following, and then Sat.; Laws, etc. Massachusetts. 1700 (1700) Wing M955; ESTC R25493 24,499 18

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duly returned shall remove or go out of the Province and not attend the Service as required such person at his return shall be apprehended by Warrant from any Justice of the Peace and be by him committed to Prison unless such person give sufficient Security to answer it at the next General Sessions of the Peace and upon due conviction of the said Offence by the Oath of him that imprest him shall suffer three months Imprisonment Penalty on persons that remove after being imprest and before he be released shall also pay a Fine of Ten Pounds to the use of the Company or Troop whereto he belonged at the time of his impress And if any person directly or indirectly by counsel or otherwise shall prevent the impressing conceal any person impressed or knowingly further his Escape such person shall pay as a Fine Forty Shillings And be it further Enacted by the Authority aforesaid Time of Souldiers pay That all Souldiers shall be in pay from the time of their being impressed or detached till they be orderly discharged and have reasonable time allowed them to repair to their usual places of abode And if any Captain or other Chief Officer shall dismiss any Souldier Retained in His Majesties Service and assume another for gain Penalty for dismissing any Souldier and assuming another for gain such Captain or other Chief Officer shall forfeit the Sum of Twenty Pounds to be recovered and disposed of in manner as is before provided for the fine or penalty on Officers neglecting to execute Warrants for impressing of Souldiers And be it further Enacted by the Authority aforesaid That all such Souldiers and Seamen that have been Wounded in His Majesties Service within this Province and are thereby Maimed or otherwise disabled Pensions and had yearly Pensions heretofore allowed them shall have the continuance of the same during their abode in this Province to be paid them out of the Publick Treasury And all such Souldiers and Seamen as at any time hereafter shall be Maimed or otherwise disabled by any Wound to be received in His Majesties Service within this Province shall be relieved out of the Publick Treasury as the Great and General Court or Assembly shall Order And if any Souldier shall lose his Arms in His Majesties Service not through his own neglect or default such loss shall be born by the Publick Loss of Arms. and in case any Souldier be furnished with Arms for any Expedition in said Service he shall allow out of his Wages Four Pence Per Week for the same and return such Arms or otherwise pay the value thereof Provided That this Act shall continue in force unto the end of the Sessions of the General Assembly to be begun and held on the last Wednesday in May which will be in the Year of our Lord One Thousand Seven Hundred and One and no longer An Act against Deserters FOR the better Preventing of Souldiers or Marriners Departure from their Captains or Commanders without leave or Deserting His Majesties Service Be it Enacted and Declared by his Excellency the Governour by and with the Advice and Consent of the Council Penalty for deserting His Majesties Service and Representatives in General Court Assembled and by the Authority of the same That no Souldier or Marriner retained in His Majesties Service and Born in His Majesties pay in Garrison or elsewhere by Sea or Land shall Depart without Licence of his Commander and Desert His Majesties Service on Pain of being proceeded against as a Felon and shall suffer the pains of Death or some other grievous Punishment at the Discretion of the Court before whom the Tryal shall be And every Justice of the Peace within his Precinct How deserters shall be tryed is hereby Authorized and Required to cause all such Deserters or Run-away Souldiers or Marriners which he shall know or be informed of to be apprehended and secured in order to a Tryal at the next Assizes to be holden for the same County where they shall be taken or at a Court of Oyer and Terminer by Commissioners to be specially Appointed and Impowred for that purpose An Act for Punishing of Officers or Souldiers who shall Mutiny or Desert His Majesties Service WHEREAS the Raising and Levying of Forces is necessary in time of actual War or common danger by Insurrection or Rebellion for the safety and defence of this Province and of His Majesties Subjects and Interests therein and in the Neighbouring Provinces or Colonies And whereas no man may be forejudged of Life or Limb or subjected to any kind of punishment by Martial Law or in any other manner than by the judgment of his Peers and according to the known and Established Laws of the Province Yet nevertheless it being requisite for retaining such Forces as shall be Raised for His Majesties Service on occasion as before mentioned in their Duty that an exact Discipline be observed and that Souldiers who shall Mutiny or Stir up Sedition or shall Desert His Majesties Service be brought to a more exemplary and speedy punishment than the usual Forms of Law will allow Be it therefore Enacted by His Excellency the Governour Officers or Souldiers exciting or joyning in Mutiny or Sedition or deserting the Service how to be punished by and with the Advice and Consent of the Council and Representatives in General Court Assembled and it is Declared by the Authority of the same That every person that shall be in His Majesties Service being Mustered and in Pay as an Officer or Souldier who shall at any time during the continuance of this Act excite cause or joyn in any Mutiny or Sedition in the Army Fortress or Garrison whereto such Officer or Souldier belongs or shall desert His Majesties Service in the Army Fortress or Garrison shall suffer Death or such other punishment as by a Court Martial shall be inflicted Captain General or Commanders in Chief of the Province with the consent of the Council to grant Commission for Courts Martial And it is hereby further Enacted and Declared That the Captain General or Commander in Chief of this Province for the time being may by virtue of this Act and during the continuance thereof have full Power and Authority by and with the advice and consent of the Council to grant Commission to any Colonel or other Field Officer in His Majesties Service and under Pay from time to time to call and assemble Courts Martial for punishing such Offences as aforesaid And it is hereby further Enacted and Declared That no Court Martial which shall have power to inflict any punishment by virtue of this Act for any of the Offences aforesaid shall consist of fewer than Eleven Constitution of such Court. whereof none to be under the degree of a Commission Officer And the Praesident of such Court Martial not to be under the degree of a Field Officer Power to Swear witnesses or the then Commander in Chief of
the Forces under Pay where the Offender is to be Tryed And that such Court Martial shall have Power and Authority to Administer an Oath to any Witness in order to the Examination or Tryal of the Offences aforesaid Provided always Ordinary Process of Law not exempted That nothing in this Act contained shall extend or be construed to Exempt any Officer or Souldier whatsoever from the ordinary Process of Law Provided also That this Act shall continue and be in force until the first day of July Time of the continuance of this Act. in the Year of our Lord One Thousand Seven Hundred and One and no longer Provided always and be it Enacted That in all Tryals of Offenders by Courts Martial to be held by virtue of this Act Officers on Tryals before a Court Martial to be Sworn where the Offence may be punished by Death every Officer present at such Tryal before any proceeding be had thereupon shall take an Oath before the Court and a Justice of Peace if any such be there present Otherwise the Praesident of such Court being first Sworn by two of the Members thereof shall Administer the Oath unto the others And the Praesident of such Court and any two other Members thereof are hereby respectively Authorized to Administer the same in these words That is to say Form of the Oath YOU shall well and truly Try and Determine according to your Evidence the matter now before you between Our Sovereign Lord the KING and the Prisoner to be Tryed So help you God No Sentance of Death to pass on Offenders unless nine of Eleven agree And no Sentence of Death shall be given against any Offender in such case by any Court Martial unless nine of the Eleven Officers present shall concur therein And if there be a greater number of Officers present then the Judgment shall pass by the concurrance of the greater part of them so Sworn which major part shall not be less than nine and not otherwise Nor shall any Sentance of Death passed by any Court Martial upon any Offender be put in Execution No Sentance of Death to be Executed until the Captain General c. give directions therein until Report be made of the whole matter by the Praesident of such Court unto the Captain General or Commander in Chief of this Province for the time being in order to receive his directions therein and the Prisoner shall be kept in safe custody in the mean time And the Provost Martial shall have a Warrant Signed by the Praesident of the Court to cause Execution to be done according to Sentance before the same be Executed An Act to prevent the Deserting of the Frontiers of this Province FORASMUCH as the maintaining and defending of the Frontiers in time of War is of very great import And in regard it would greatly prejudice His Majesties Interest and Encourage an Enemy if any of the Out Posts should be quitted or exposed by lessening the strength thereof Be it therefore Enacted by His Excellency the Governour by and with the Advice and Consent of the Council and Representatives in General Court Assembled and by the Authority of the same That no Town or Precinct being a Frontier of this Province which the Towns hereafter named are to be so accounted That is to say Wells York Kittery Frontier Towns c. Aimsbury Haverhill Dunstable Chelmsford Groton Lancaster Marlborough Brookfield Deerfield Mendon and Woodstock Nor any of the Towns following To wit Salisbury Andover Billerica Hatfield Hadley Westfield and Northhampton which though they be not Frontiers as those Towns first named Not to be broken up or deserted without leave yet lye more open than many others to an Attack of an Enemy shall be broken up or voluntarily deserted without application first made by the Inhabitants and allowance had and obtained from the Governour or Commander in Chief and Council for their drawing off if it appear to them that it may be of publick advantage Penalty on particular persons that shall desert or that the place is not Tenable Nor shall any Inhabitant of the Frontier and other Towns or Precincts before-named or of any of them having an Estate of Freehold in Lands or Tenements within the same at the time of any Insurrection or breaking forth of any War remove from thence with intent to sojourn or inhabit elsewhere without special Licence first had and obtained as aforesaid On pain of forfeiting all his Estate in Lands and Tenements lying within the Bounds or Limits of such Town or Precinct unto His Majesty to be disposed by Grant of the General Assembly and the produce thereof to be imployed towards the defence of such Town or Precinct and support of the Garrisons within the same Forfeiture how to be Imployed and not otherwise And the Select men or major part of them together with the Chief Military Officer of such Town or Precinct are hereby enjoyned and ordered to give notice by Certificate in Writing under their hands into the Clerks Office of the Superiour Court of Judicature of the removal of any such person or persons as aforesaid And the Clerk on Receipt thereof shall issue out a Scire Facias requiring the person or persons so removing to appear at the next Superiour Court of Judicature to Sit within the same County to shew cause if any there be why Judgment should not be entred for the forfeiture of his Lands and Tenements as by this Act is before directed Forfeiture how to be recovered And in case any person being lawfully Summoned fifteen days before the day of the Courts Sitting and return thereof made by the Officer shall make default of appearance by himself or Attourney at the Court where such Writ is returnable his default shall be recorded and another Scire Facias be issued out for his appearance at the next Court and if such person being duly Summoned and return thereof made as aforesaid a second time do not then appear or if he appear either at the first or second Summons and shall not produce a Licence from the Governour and Council for his removal Judgment shall be entred for the forfeiture of such Lands or Tenements notwithstanding any real or pretended Sale or Conveyance thereof or any part thereof made between the breaking out of a War Insurrection or Rebellion and such Iudgment entred up And be it further Enacted by the Authority aforesaid That no Male person of Sixteen Years of Age or upwards that shall be an Inhabitant of or belonging to any of the said Towns or Precincts herein before named Penalty on persons removing that have no Estate in Lands at the time of any Insurrection or breaking forth of any War as aforesaid and not have any Lands or Tenements in such Town or Precinct shall presume to remove from the same to sojourn or remain elsewhere during the time of such Insurrection or War without special Licence first