The Virginia Gazette

An Abstract of the BILL for the impartial Administration of Justice in the Cases of Persons questioned for any Acts done by them in the Execution of the Law, or for the Suppression of Riots and Tumults, in the Province of the Massachusetts Bay, in New England.

This Bill begins with observing, that in his Majesty's Province of Massachusetts Bay, in New 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 Resistance, by open Force, to the Execution of certain Acts of Parliament, hath been suffered to take Place, uncontrouled and unpunished, in Defiance of his Majesty's Authority, and to the utter Subversion of all lawful Government.

It farther observes, that in the present disordered State of the said Province it is of the utmost Importance to the general Welfare thereof, and to the Re-establishment of lawful Authority throughout the same, that neither the Magistrates acting in Support of the Laws, nor any of his Majesty's Subjects aiding and assisting them therein, or in the Suppression of Riots and Tumults, raised in Opposition to the Execution of the Laws and Statutes of this Realm, should be discouraged from the proper Discharge of their Duty, by an Apprehension that in Case of their being questioned for any Acts done therein they may be liable to be brought to Trial for the same before Persons who do not acknowledge the Validity of the Laws, in the Execution whereof, or the Authority of the Magistrate in the Support of whom, such Acts had been done.

In Order, therefore, to remove every such Discouragement from the Minds of his Majesty's Subjects, and to induce them, upon all proper Occasions, to exert themselves in Support of the publick Peace of the Province, and of the Authority of the King and Parliament of Great Britain over the same, it enacts, that if at any Time, within the Space of three Years from and after the —, any Bill of Indictment shall be found against any Person for Murder, or other capital Offence, in the Province of the Massachusetts Bay, and it shall appear, by Information given upon Oath to the Governour, or in his Absence to the Lieutenant Governour, of the said Province, that the Fact was committed by the Person 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 aiding and assisting in any of the Purposes aforesaid, and if it shall also appear, to the Satisfaction of the said Governour or Lieutenant Governour, respectively, that an indifferent Trial cannot be had within the said Province, in that Case shall and may be lawful for the Governour, or the Lieutenant Governour, to direct that the Indictment shall be tried in some other of his Majesty's Colonies, or in Great Britain, and for that Purpose to order the Person indicted to be sent under a sufficient Custody to the Place appointed for his Trial; and that there may be no Failure of Justice from the Want of Evidence in such Cases, it shall and may be lawful for the Governour, or in his Absence the Lieutenant Governour, to settle and affix a reasonable Sum to be allowed for the Expences of such Witnesses as the Prosecutor, or the Person indicted, shall desire to be summoned; which Sum shall be advanced by the Commissioners of his Majesty's Customs to the Witness, who, upon the Receipt thereof, shall enter into a Recognizance before a Judge of the Superiour Court to appear and give Evidence upon the Trial of such Indictment.

It farther enacts, that the Governour, or in his Absence the Lieutenant Governour, if he shall direct the Trial to be had in any other of his Majesty's Colonies, shall transmit the Indictment, together with the Recognizances of the Witnesses, under the Seal of the Province, to the Governour of such other Colony, who shall immediately issue a Commission of Oyer and Terminer, and deliver, or cause to be delivered, the said Indictment, with the said Recognizances, to the Chief Justice, and such other Persons as have usually been Commissioners of Oyer and Terminer there, who shall have Power to proceed upon the said Indictment, as if the same had been found before them, and the Trial shall thereupon proceed in like Manner, to all Intents and Purposes, as if the Offence had been committed in such Place; and in Case the Governour, or in his Absence the Lieutenant Governour, shall direct the Trial to be had in Great Britain, he shall then transmit the Indictment, together with the Recognizances 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 same to the Master of the Crown Office, and the Indictment shall be tried in the next Term, at the Bar of the Court of King's Bench, in like Manner, to all Intents and Purposes, if the Offence had been committed in the County of Middlesex.