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Provincial Archives of New Brunswick

Fort Havoc (Wallace Hale)

Info The language of the text is the original used by Wallace Hale. Records acquired by the Provincial Archives are not translated from the language in which they originate.

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AN ACT

To Attaint of high Treason the Several persons herein after Named if they do not render themselves to Justice by a Certain clay and for other purposes therein mentioned—

WHEREAS a detestable and unnatural Insurrection and Rebellion were Levied and carried on in this province (as well as in Several Other of the British Colonies in North America, Many of which are still in Rebellion) Against your Majesty's Authority and Government, and in such Rebellion a Number of your Majesty's Subjects and Amongst others the Several Persons herein after Named Contrary to their duty and Allegiance, were Wickedly and Traiterously engaged, who not only Subverted our happy Establishment, deprived your Majesty's Subjects here of their Laws and Liberties, involved them in Blood and ruin, and attainted the Persons and Confiscated the Property of Such of your Majesty's Loyal Subjects as left this province, on Account of the Rebellion or Who refused to Abjure, their Lawful and Gracious Sovereign to Whom they had taken the Oaths of Allegiance, and Under whose Mild and just Government, this Province before the late Wicked Rebellion Made a Most rapid progress to Wealth and population; but those bad Men also, after they had Usurped the Powers of Government, Ruled their fellow Subjects here in the Most Arbitrary and oppressive Manner by imposing enormous Fines on and also imprisoning those, who Would Not take Arms Against your Majesty and by emitting immense Sums of Paper Money, which Must have inevitably ruined this Country had not the Reduction of it, by your Majesty's forces, put a Stop to the Currency of Such Money: And Whereas many who were Concerned in the said Rebellion, have with the greatest Confidence and Assurance Returned here, and behaved in such a Manner as if they took Merit to themselves from being Rebels, In Order Therefore to Manifest, our just abhorrence of So Wicked and unnatural a Rebellion, and our Zeal and tender regard for the Preservation of your Majesty's Government and the Laws and Liberties of your Good Subjects here, and to the End that all Others in this province May by the Justice of the Legislature be for ever hereafter, deterred from Engaging in Rebellion We therefore pray your Most sacred Majesty that it May be Enacted—

And Be it Enacted by his Excellency Sir James Wright Baronet Captain General and Governor in Chief, in and over this his Majestys province of Georgia by and with the Advice and Consent of the Honourable the Upper House and the Commons house of Assembly of the said province in General Assembly Met, and by the Authority of the same, that such of the several persons herein after named, who shall not Return into this province, and render themselves to the Chief Justice or One of the Assistant Justices of this province On or before the Ninth day of October Next ensuing the passing of this Act, and also abide their Legal Trial for their Treason and Offences, then every of them not Rendering themselves as aforesaid, or Not Abiding the Trial aforesaid, shall from and after the said Ninth day of October, stand, and be Adjudged Attainted of high Treason to all. intents and purposes Whatsoever, That is to say

Richard Howley late Rebel Governor in this province,

George Walton, late of the same Rebel Governor,

Lachlan McIntosh late of this Province Rebel General,

Noble Wimberly Jones late Speaker of a Rebel Assembly in this Province,

Lyman Hall Continental Delegate,

William O'Bryen Rebel Treasurer,

Jonathan Bryan late Rebel Commissioner of forfeited Estates,

Thomas Stone late Rebel Commissioner of forfeited Estates,

Samuel Elbert Rebel General,

John Baker Senior Rebel Colonel,

William Baker Senior Rebel Officer,

Joseph Wood Senior Rebel Assembly Man,

Oliver Bowen Rebel Commodore,

Joseph Clay Rebel Paymaster,

Nathan Brounson Continental delegate,

John Wereat, Rebel Counsellor,

John Twiggs Rebel Officer,

Richard Wylly President of a Rebel Council,

Edward Telfair Member of Congress,

Benjamin Few Rebel Officer,

Pierce Butler Rebel Officer,

Henry Lawrence late president of the Continental Congress,

Thomas Savage Rebel Officer,

Stephen Bull Rebel General,

and also all and every other person formerly resident in this province, that held possessed or enjoyed any office or Commission either Civil or Military under the Rebel, Usurped Government, of the same, excepting such only As have Conformed to the Terms of the Act, Commonly Called the disqualifying Act And shall suffer and forfeit as a person attainted of high Treason by the Laws of the Land ought to suffer and forfeit Provided Nevertheless that such of the said persons, above particularly named and Who may become attainted for Not Surrendering themselves and abiding their Trial aforesaid, shall respectively forfeit to his Majesty his heirs and Successors Subject to the Condition and proviso herein after Contained all and every their Lands, Tenements, hereditaments, Goods, Chattels, Rights, Credits, and Other real and personal Estate of what Nature or Kind soever they be in this province, whereof the several persons above Mentioned, Who May become attainted respectively were or any or either of them was at the time of the Treason committed or at any time afterwards or Now are or is Seized possessed of, interested in, or intitled unto, in Trust for the said Several persons above particularly named and who may become Attainted as aforesaid or any or either of them, on which they or any or either of them can or may forfeit by such Attainder and the said real and personal Estates and other the premisses above enumerated or described and hereby declared to be forfeited shall be deemed and Adjudged to be Vested, and are hereby declared and Adjudged to be Vested, and in the Actual and real Possession of his Majesty without any Office or Inquisition, thereof to be taken or found or any other proofs to be Used for that purpose Subject Nevertheless to all Suits and Actions Whatsoever, both at Law and Equity, and also to all Attachments and Other process, and also, all Other just claims and demands of what Nature or kind so ever of any of his Majestys Liege Subjects, Which now are depending in his Majestys Courts of Justice, in this province, or which shall be commenced and prosecuted within eighteen Calender Months Next after the passing of this Act, as if the same had never been made, and the said real and personal Estates, and Other the premisses above enumerated or discribed, and hereby declared to be forfeited shall Nevertheless be liable to be levied on extended and Sold for the payment of all Just debts and demands Whatsoever due to any of his Majesty Liege Subjects any thing in this Act contained to the Contrary thereof in any wise Notwithstanding Provided Always and it is hereby declared, that if after any Levy and Sale made at the Suit of a Liege Subject by the Acting Provost Marshal for the time being or Other proper Officer an Overplus shall Remain After deducting the debt damages and Costs or the damages and Costs (as the Case may be) that shall be Recovered in any action or Suit of (sic) at the Instance of a Liege Subject, that is now depending or Which may hereafter be brought within Eighteen Calender Months, Next after the Passing of this Act, and such Acting Provost Marshal or other proper Officer shall have no Other Execution against such Lands or Other real or Personal Estate, then he shall not pay Over such Overplus Money to the Attainted or Banished person who formerly owned such property or to any other on his Account, but the said Acting Provost Marshal or Other proper Officer shall forthwith pay over unto the Treasurer of this province for the Use of his Majesty his heirs and Successors the said Overplus Money, upon pain that such Acting Provost Marshal or Other proper Officer, that shall Neglect or Refuse so to do, shall in every Instance of Neglect or Refusal be proceeded Against, as for a Contempt of his Majesty's General Court and the receipt of the Treasurer, shall in every such case be a Sufficient discharge and Indemnity to the said Acting Provost Marshal or Other proper Officer, for the Sum of Money he shall really and Bona Fide pay to the said Treasurer on any Occasion as aforesaid Provided also further that after payment and discharge of all Legal Claims and demands that may be Made within the time above Limitted, on any of the before named persons, who may become Attainted under this Act, One third part of the Nett proceeds of the Residue of every such persons Real and personal property shall be Lodged in the Treasury of this province to the Benefit, Use and behoof of their Wives and Children severally and respectively to be detained in the said Treasury, and Not delivered over, until such Wives and Children respectively shall withdraw, themselves from places in Rebellion and return to their Allegiance and take the Oaths for the security of his Majestys person and Government any thing in this Act Contained, or any Law Statute Usage or Custom to the Contrary Notwithstanding Provided Always that all Monies paid to any Married Woman shall be in full satisfaction of all her Claims and demands Whatsoever on the real and personal Estate from the Sale of which such Monies are produced And such Monies shall be to her own Sole and Seperate use, and not Subject, or Liable to the Controul direction or Management of her Husband, or to his debts or Contracts—

And Be it Enacted that all and every person and persons, who Shall harbour and Conceal any or Either of the persons Who May become Attainted as aforesaid Such person or persons so offending and being thereof Lawfully Convicted shall be Adjudged guilty of Felony and shall Suffer and forfeit as in cases of Felony with out benefit of Clergy—

And Be it Enacted that if any of his Majestys Subjects of this province except such person as shall be Licensed for that purpose by his Majesty his heirs and unto his or their Sign, Manual, or by the Governor or Commander in Chief of this province for the time being, under his hand and Seal, shall hold entertain or keep any Intelligence or Correspondence in person or by Letters, Messages or Otherwise, with any or either of the persons herein before named who may be attainted as aforesaid or with any person or persons Employed by them or any or either of them, Knowing such person or persons to be so Employed every such person so offending, being thereof Lawfully Convicted, shall be adjudged Guilty of Felony without Benefit of Clergy.

And Be it Enacted That all fines penalties and forfeitures imposed by this Act Not Otherwise disposed of, shall go to his Majesty his Heirs and Successors to be applied to the Use of this province and in Aid of the General Tax here

        By Order of the Common House of Assembly

SAMl FARLEY Speaker

        Council Chamber 9th April 1781.

        Assented to

               JA: WRIGHT.

        By Order of the Upper House of Assembly.

LEWIS JOHNSTON.


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