Page images
PDF
EPUB

luminous works at the fame time. A Supplement to Chambers's Dictionary, folios of Natural Hiftory, Monthly Magazines, and many other works he was at once employed in; and is faid to have gained upwards of 1500l, in one year by his own labours. In this track he continued for fome years, and about 1750, engaged in a daily paper, in which the well known effays, intitled the Infpectors, appeared. There were ftrong marks of genius in thefe papers; but as they muit neceffarily have been written in a great hurry (confidering his other numerous avocations, and his conftant appearance at all public places) they were not fo polifhed, as more leifure might have given them, In thefe effays he often made free with private as well as public characters, which at length brought him and his paper into difgrace, by the rough treatment, unrefented, which he met with from an Irifh gentleman at Ranelagh. Befides these unwarrantable attacks, there was another circumftance attending thofe effays which diminished their merit. He was too frequently the hero of his own story, and his egotisms became almoft proverbial. A very peculiar instance to fupport this affertion, was the publication of his literary correfpondence with Mrs. Diamond, a lady of eftablished character, who then hone in her primitive luftre, and with whom the doctor (not Sir John then) paraded in all public places, arm in arm- -au refle, nous ne difons rien.

Whilft this paper continued to be the conftant accompanyment of every polite morning tea table, he was the most fafhionable writer, and made an eclat fuitable to the dignity the public held him in. He rolled in his chariot, dref fed en petit-maitre, and appeared in every elegant circle, where he was careffed by the beaux efprits and perfons of the first rank.

Before the downfall of the Inspector, it produced one very agreeable confequence to him; an introduction to the lady he afterwards married. Mifs Jones, a near relation of lord Ranelagh, was an accomplified young lady, whom Mr. Hill thought a very eligible partner for life, with whom he paffed the remainder of it with great conjugal felicity, and by whom he has left iflue.

At the demife of the Infpector, he turned his thoughts to other than mere literary pursuits. He had for fome time NOTE. Mr. Brown.

[ocr errors]

profeffed himself a regular physician; but not finding any great emoluments from the M. D. being fubjoined to his name, he hit upon feveral noftrums, which, though they might reduce him to the title of an empiric, promised at least to afford him a pecuniary atonement. He accordingly published, the Effence of Water Dock, Tincture of Valerian, Pectoral Balfam of Honey, Tincture of Bardana, &c. &c. His most fanguine expectations were more than gratified by the fale of these medicines, which enabled him to live more at eafe, and in greater fplendor than ever.

In the course of his writings he had been very fevere upon the tranfactions of the Royal Society; yet, though his farcafms were still operating, he had the effrontery to propole himself a member of that fociety, but was justly rejected.

He was also a novelist, and a drama. tic writer; in the firft capacity he produced the Hiftory of Mr. Loveill, (in which it is faid he introduced many of his own juvenile adventures) The Adventures of Pompey the Little: The Adventures of a Creole: The Life of Lady Frail, &c. As a dramatif, he gained no kind of credit, his Opera of Orpheus and Euridice being rejected, and a Farce under the title of the Rout being very ill received.

We now come to those scenes of life, in which he feems to have had the greateft contentment. Being quite at eafe from the fale of his medicines, he had leisure to pursue those studies, which appeared to be his greatest delight, and he produced many valuable works in natural philofophy, which recommended him to the patronage of the earl of Bute, who, it is faid, procured for him a finecure or penfion. Be this as it may, it is certain this nobleman greatly be friended him, and as a token of his gratitude, Sir John appointed his lord hip executor of his will.

Some time before his death he dedicated a curious and valuable philofophical work to the king of Sweden, who in return for the compliment, created him a knight of the order of Merit, whence the doctor derived his title.

To close fo extraordinary and fingular a character, it may not be improper to add, that after he had elevated himfelf beyond his most fanguine expectations, he defcended from the Swedish knight to the London bookfeller, and actually at the time of his death kept a bookfeller's shop, the corner of Exeter-street,

for

for the fale of foreign books which he had received in exchange for his own works.

to take on board their own fhips, or order on board other of his majesty's fhips, the mafters, crews, and other perfons found on board fuch veffels as thall be

feized as prizes, in pursuance of this act, and to enter the names of the mariners and crews upon the books of his majef

Abftra& of an A&t to prohibit all Trade
and Intercourfe with the Colonies of New
Ham; fhire, Massachufett's bay, Rhode-
Iland, Connecticut, New-York, New-
Jersey, Pennsylvania, the Three Low-ty's fhips, &c. as they fhall respectively

er Counties on the Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia, during the Continuance of the prefent Rebellion within the faid Colonies refpectively; for repealing the Bofton Port A, the Fishery Act, and the other refraining Acts of laft Seffions; and to enable Perfons, authorized by his Majefty, to grant Pardons and to illue Proclamations, in the Cales, and for the Purposes therein mentioned.

THE

THE preamble fets forth, that, whereas many perfons, in the colonies above recited, have fet themselves in open rebellion and defiance to the just and legal authority of the king and parliament of Great-Britain, to which they ever have been, and of right ought to be fubject; and have affembled together an armed force, engaged his majefty's troops, and attacked his forts; have ufurped the powers of government, and prohibited all trade and commerce with this kingdom, and the other parts of his majesty's dominions for the more fpeedily and effectually fuppreffing fuch wicked and daring defigns; and for preventing any aid, fupply, or affiftance being fent thither during the continuance of the faid rebellions, and treasonable commotions, be it therefore declared and enacted, &c. That all manner of trade and commerce fhall be prohibited with the faid colonies; and that all fhips and veffels belonging to the inhabitants of the faid colonies, together with their cargoes, apparel, and furniture, and all other fhips and veffels which fhall be found trading to or with any of the faid colonies, or going to trade, or coming from trading, fhall become forfeited to his majesty, as if the fame were the fhips and effects of enemies.

And, for the encouragement of the officers, feamen, marines and foldiers on board his majesty's thips of war, it is enacted, That they fhall have the fole property of all fuch prizes as they fhall feize and take, to be divided in fuch proportions as his majefty fhall think fit to order and direct.

It is likewife enacted, and declared lawful for flag officers, captains and commanders of his majesty's fhips of war,

fee fit; from which time the faid mariners and crews fhall be confidered to be as much in the fervice of his majefly, as if they had entered voluntarily to ferve on board his majesty's fhips and veffels The mafters and other respectively.

Perfons taken on board prizes, and fuch, alfo, of the mariners and crews as fhall not be entered on the king's books, are Great-Britain or Ireland at which the to be fet at liberty at the first port in captors fhall arrive, or at any port in America not actually in rebellion.

For facilitating the condemnation of prizes, there is a claufe limiting the time for judges of the admiralty and vice-admiralty courts to proceed to preparatory examinations, and to iffue monitions; and another to limit the expences of condemnation of prizes to certain fums, viz. for the condemnation of prizes under 100 tons rol. for thofe of 100 tons and upwards 151. and perfons exacting more are liable to penalties.

There are likewife claufes for regulating profecutions, agents, &c. &c. of confequence only to thofe immediately concerned.

The exemptions from the penalties of this act are,

Firft, Ships taken by any of his majes ty's rebellious fubjects, belonging to fubjects not in rebellion, and retaken by his majefty's fhips of war. Thefe are to be returned to the owners on paying one eighth part of their value to the captors for falvage.

2dly, Ships, &c. the property of per.. fons refiding in the rebellious colonies, which fhall have failed for Great-Britain or Ireland from any of the British sugarcolonies in the Weft-Indies before the first day of March, 1776.

3dly, Ships, &c. that fhall have arrived at any of the British fugar-colonies on or before the ft of January, 1776, laden with lumber or provifions; and that, after difcharging the fame at fuch colony or colonies, fhall take on board a cargo for Great-Britain, or Ireland, on or before the first of August, 1776; provided the master, or person having the charge of fuch ship, shall produce a certificate of his fo difcharging and landing, under the hands and feals of the Kkkkk 2

propor

proper officers; which certificate the proper officers are enjoined to give without fee or reward.

4thly, Ships cleared out from any port of Great-Britain or Ireland before the rft of January, 1776, for any of the British fugar-colonies in the Weft-Indies; and fhips cleared out from the faid British fugar-colonies and bound to Great-Britain or Ireland; provided two thirds of the owners of fuch fhips are his majefly's fubjects, refiding in Great-Britain or Ireland, or in fome of the faid fugar-colonies.

5thly, Ships cleared out from GreatBritain or Ireland, after the 20th of January, 1776, for any of the British fugar-colonies, &c.

6thly. Ships cleared out after the 25th of March, 1776, from the faid colonies, for Great Britain or Ireland, provided their owners refide as before.

or

7thly, Ships cleared from the rebellious colonies, for Great Britain Ireland, or any of the British fugarplantations, on or before the 1ft of January, 1776, having on board goods or merchandize in return for debts, &c. due to good and loyal fubjects refiding in Great-Britain, Ireland, or the WeltIndies.

8thly, Ships laden, as before, with remittances, &c. on or before the 25th day of March, 1776, or with goods, &c. in confequence of orders given before the 25th day of March, 1775.

gthly, Ships the property of perfons refiding in the rebellious colonies, which on or before the 1st of January, 1776, fhall have failed from any port in Europe where fuch fhips might lawfully trade, or fhall be actually laden in fuch ports with goods for Great Britain or

[blocks in formation]

feized, detained, damaged, examined, fearched, or deftroyed, for the public fervice, in fuppreffing the faid rebellion, are declared legal to all intents and purpofes whatsoever.

The act then proceeds to declare the feveral acts of parliament mentioned in the title to be repealed, and concludes as follows:

That this act, fo far as the fame relates to the capture and forfeiture of fhips and veffels belonging to the inhabitants of the above-mentioned colonies, fhall, except in the cafes herein beforementioned, commence and be in force from and after the 1st day of January, 1776; and fo far as the fame relates to the capture and forfeiture of all other fhips and veffels that fhall be found going to trade in or at any of the faid colonies, from and after the ift day of February, 1776; and fo far as the fame relates to the capture and forfeiture of all other fhips and veffels that shall be found trading in or at any of the faid colonies, or bound and trading from any port or place in the fame, from and after the 25th day of March, 1776; and shall continue to be in force fo long as the faid colonies respectively shall remain in a ftate of rebellion.

Provided nevertheless, That, in order to encourage all well-affected perfons in any of the faid colonies to exert themfelves in fupprefling the rebellion therein, and to afford a speedy protection to thofe who are difpofed to return to their duty, it shall and may be lawful to and for any perfon or perfons appointed and authorized by his majefty to grant a pardon or pardons to any number or defcription of perfons, by proclamation, in his majefty's name, to declare any colony or province, or any county, town, port, diftrict, or place, in any colony or province, to be at the peace of his majefty; and from and after the iffuing of any fuch proclamation, in any of the aforefaid colonies or provinces, or if his majefty fhould be gracioufly pleafed to fignify the fame by his royal proclamation, then, from and after the illuing of fuch proclamation, this act, with respect to fuch colony or province, colonies or provinces, county, town, port, diftrict, or place, fhall ceafe, determine, and be utterly void.

Provided always, That fuch procla mation or proclamations fhall not difcharge or fufpend any proceeding upon any capture of any fuch fhip or veftel made before the date and iffuing thereof.

-Sa

-So far this act of the British legiflature. But

It is not a little remarkable, that an act, not unfimilar to this, fhould pafs the council and houfe of reprefentatives of the province of Maffachufets-Bay, in general court affembled, entitled, An act for encouraging the fitting out of vefels to defend the fea coaft of America, and for erecting a court to try and condemn all vefels that fhall be found infesting the fame; which act we fall infert at full length, for novelty's fake, being the first act ever made by European fettlers to authorife reprisals upon their own parent fiate, by means of powers confefedly derived from the faid parent fiate for their own special defence.

[ocr errors]

WHEREAS the prefent adminiftration of Great Britain, being divetted of justice and humanity, and itrangers to that magnanimity and facred regard for liberty which infpired their predeceffors, have been endeavouring, thro' a feries of years, to establish a system of defpotitm over the American colonies, and by their venal and corrupt meafures have fo extended their influence over the Briti parliament, that by a prostituted majority it is now become a political engine of flavery and whereas the military tools of these our unnatural enemies, while r. ftrained by the united forces of the American colonies from proceeding in their fanguinary career of devaftation and flaughter, are infetting the fea-coafts with armed veffels, and daily endeavour ing to diftrefs the inhabitants, by burning their towns, and deftroying their dwellings with their fubitance, plundering live ftock, and making captures of provifion and other veffels, being the property of the faid inhabitants: and, whereas their majefties king William and queen Mary, by the royal charter of this colony, "for themfelves, their heirs, and fucceffors, did grant, establish, and ordain, that, in the absence of the Governor and Lieutenant-Governor of the colony, a majority of the Council fhall have full power, by themselves, or by any Chief Commander, or other Officer or Officers, to be appointed by them from time to time, for the fpecial defence of their faid province or territory, to affemble in martial array, and put in warlike posture, the inhabitants of their faid province or territory, and to lead and conduct them, and with them to encounter, expulfe, refift, and pursue, by force of arms, as well by fea as by land, with in or without the limits of their faid province or territory, and alfo to kill, fay, deftroy, and conquer, by all fitting

ways, enterprizes, and means whatsoever, all and every fuch perfon and perfons as fhould at any time thereafter attempt or enterprize the deftruction, invafion, detriment, or annoyance, of their faid province or territory, and to take and furprize, by all ways and means whatfoever, all and every perfon and perfons, with their fhips, aims, ammunition, and other goods, as should in a hoftile manner invade, or attempt the invading, conquering, or annoying, of their faid province or territory:" And whereas it is exprefly refolved by the Grand Congrefs of America, "That each colony, at their own expence, make fuch provifion, by armed veffels or other wife, as their respective Affemblies, Conventions, or Committees of Safety, thall judge expedient and fuitable to their circumftances and fituations, for the protection of their harbours, and navigation on the fea-coats, against all unlawful invafion, attacks, and depredation, from cutters and ships of war ;” and it is the duty and intereft of this colony to exert itself, as well for the purpofe of keeping fupplies from the enemy, as for thofe mentioned in the paragraphs of the Charter and Refolve now recited:

Therefore, for the more effectual carrying into execution the purposes aforefaid,

Be it enacted, by the Council and Houfe of Reprefentatives, in General Court affembied, and by the authority of the fame, That all armed and other veffels which fhall be brought into this colony, and have been found making unlawful invafions, attacks, or depredations, on the fea-coafts or navigation of any part of America, or employed in fupplying the fleet and army, which have been, or fhall at any time be, employed against the United Colonies, or employed by the faid enemy in any refpect whatfoever; and alfo all vellels whofe Matters or Supercargoes fhall have had defigns of carrying fupplies of any kind to the enemy, or that thail be returning from the enemy after having carried fuch fupplies, and thall be convicted thereof, as is herein provided; fuch veffel or veffels, with their appurtenances and cargoes, fhall be deemed forfeited and fhall be difpofed of, as is by this act hereafter ordered and directed.

And be it further enacted, by the authority aforefaid, That the Council of this colony, or the major part of them, fhall be fully impowered to commiffion with letters of marque and reprifal, anz

perfor

perfon or perfons, within this colony, to the faid judge, at or before the time who thall at his or their own expence fet therein for the appearance of the faid fit out and equip, for the defence of jurors. America, any veifel, as alfo any perfon who thall by the owner of fuch veifel be recommended therefore: And that all fuch perfons, fo commiffioned as aforefaid, fhall have full power, with fuch other perfons as they fhall engage to their affiftance, to fail on the feas, attack, take, and bring into any port in this colony, all veifels offending, or employed by the enemy, as aforefaid; and alfo to retake, and bring in as aforefaid, any veffel or veffels that may be taken from any perfon or perfons by the faid enemy.

Provided always, and be it further enacted, That the Mafter or Owner of fuch veffel fhall, at the time he receives fuch commiffion, enter into bond, with one fufficient furety at least, for the faithful discharge of his office, and obferving the law of this colony relating to armed veffels.

or

And be it further enacted, That there shall be erected, and conftantly held, in the town of Plymouth, in the county of Plymouth, a Court of Juftice, by fuch abie and difcreet perfons as fhall be appointed and commiffioned by the major part of the Council for that purpofe, whose business it fhall be to take cognizance of and try the juftice of any cap. ture or captures of any veffel or veffels that may or fhall be taken, by any perfon or perfons whomfoever, and brought into either of the counties of Plymouth, Barnflable, Bristol, Nantucket, Duke's County; and the Judge, fo commiffioned to hold the faid court as aforefaid, fhall have power at all times to if fue his warrant or warrants to the conftable or conftables of any town or towns within the faid counties of Plymouth, Barnstable, Bristol, Duke's County, or Nantucket, or either of them, directing the faid conftable or constables to warn a meeting of the inhabitants of their towns refpectively, and to draw out of the box, in fuch manner as is provided by the laws of this colony for returning jurors to ferve in the inferior court of Common-Pleas, so many good and lawful men, for jurors, as the faid judge fhall, in his faid warrant, order and direct, not exceeding the number of twelve; and the faid conftables fhall immediately, as foon as may be, give notice in writing to fuch perfons, fo drawn, of the time and place which in faid warrant fhall be fet for their appearance, and fhall return the faid warrant, with his doings thereon,

And be it further enacted, That, if any conftable within the faid counties fhall neglect or refuse to obey the warrant of the faid judge for returning the faid jurors as aforefaid, he shall pay such fine as the faid judge shall order, not exceeding the fum of 40s, and if any juror, fo drawn, and having notice as aforesaid, fhall not appear at the time and place directed in fuch warrant, or fhall refuse, without reasonable excufe, to ferve on fuch jury, he fhall pay fuch fine as the judge fhall order, not exceeding the fum of 40s, but before fuch fine fhall be awarded, the faid judge fhall fummon fuch juryman to appear before him, to fhow forth the reafons of his neglect, and if fuch reafons fhall not be fatisfactory to the faid judge, then he, the faid judge, fhall iffue his warrant of difirefs for fuch fine, in manner as is directed for the recovery of fines of jurors, who shall neglect or refufe to ferve in the inferior court of Common Pleas; which fines fo recovered shall be paid into the treasury of this colony.

And be it further enacted by the authority aforesaid, That there fhall be held, in like manner, in the town of Ipfwich, in the county of Effex, one other court of justice, by such able and discreet perfon, as the major part of the council all appoint and commiffion thereto, which judge fhall have full cognizance of, and power to try, the juftice of the capture of any veffel or veliels, that shall be taken as aforefaid, and brought into any port in the counties of Suffolk, Midd'efex, or Effex, and shall have the like power to iffue his warrant or warrants for jurors in the faid counties, as is before provided for the judge of the county first mentioned; and every conftable and juror, within the faid counties of Suffolk, Middlefex, and Effex, who fhall neglect to pay due obedience to the said warrants, fhall be liable to the fame pe nalties as are provided by this act againft thofe, in like manner offending, in the counties of Plymouth, Barnstable, Bristol, Nantucket, and Duke's County.

And be it further enacted by the autority aforesaid, That there fhall be held, in like manner, in North Yarmouth, in the county of Cumberland, one other court of justice, by such person as the major part of the council fhall commiffionate to be judge thereof, which judge fhall have full cognizance of, and power to try, the juftice of all captures of veffels that shall be taken as aforefaid, and

brought

[ocr errors]
« PreviousContinue »