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Archives provinciales du Nouveau-Brunswick

Fort Havoc (Wallace Hale)

Info Le langage employé dans les textes est celui utilisé par Wallace Hale. Les documents dont les Archives provinciales font l’acquisition ne sont pas traduits de la langue dans laquelle ils ont été produits.

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AN ACT

To disqualify and render incapable the several persons herein after named from holding or exercising any office of trust honour or Profit in the Province of Georgia for a Certain time and for Other purposes therein Mentioned.

WHEREAS a most Audacious wicked and unprovoked Rebellion was lately raised and carried on against his Majesty in the province of Georgia, and several persons concerned therein, in a most violent, hostile and unlawful manner usurped the Government thereof, and erected themselves into a pretended independent State, where they exercised many Acts of Violence and Oppression, in contempt of his said Majesty and his Laws, and to the great distress and injury of his Loyal Subjects. And whereas the several persons herein after named were Active and concerned in the said unlawful proceedings or some of them. 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 Governor and Commander in Chief, in and over his said Majesty's Province of Georgia by and with the advice and consent of the Honourable the Council and Commons House of Assembly of the said province in general Assembly Met, and by the Authority of the same, that immediately from and after the passing of this Act, and during the Continuance thereof, the same persons herein after named, that is to say,

John Houstoun late of this province Rebell Governor,

John Adam Treutlen, late of same, Rebell Governor

Lachlan Mc Intosh late of the same, Rebel General,

George Walton late of the same, member of the Rebel Congress,

William Stephens, late of the same, Rebel Attorney General,

John Mc Luer late of the same, Rebel Major.

Joseph Clay late of the same, Rebel Paymaster Gen eral,

Noble Wimberly Jones late of the same speaker of the Rebel Assembly

Mordecai Sheftall late of the same Chairman of the Rebel Parochial Committee,

William O Bryen late of the same Rebel Treasurer

John Werriatt late of the same, Rebel Councellor

Edward Telfair late of the same Member of the Rebel Congress,

Edward Davis, late of the same Member of the Rebel Assembly,

Samuel Elbert late of the same a Rebel General,

Seth John Cuthbert late of the same Rebel Major,

William Holzendorf late of the same, Rebel Counsellor,

Richard Howley late of the same Rebel Governor,

George Galphin Rebel Superintendent of Indian Affairs,

Andrew Williamson Rebel General,

John White late of this province Rebel Colonel

Nehemiah Wade late of the same Rebel Treasurer,

John Twiggs late of the same Rebel Colonel,

William Few late of the same Rebel Counsellor,

Edward Langworthy late of the same Rebel Delegate,

William Glasscock late of the same Rebel Counsellor,

Robert Walton late of the same Rebel Commissioner of forfeited Estates,

Joseph Wrood Junior late of the same Clerk to the Rebel Assembly

———— (sic) Piggens late of the same Rebel Colonel,

William Hornby late of the same, distiller,

Pierce Butler late of the same Rebel Officer,

Reverend William Piercy late of the same Clerk,

Thomas Savage late of the same Planter,

Thomas Stone late of the same Rebel Counsellor,

Benjamin Andrew late of the same President of the Rebel Council,

John Baker, Senior late of the same Rebel Colonel,

William Baker late of the same Rebel Officer.

Francis Brown late of the same Planter,

Nathan Brunson late of the same Member of the Rebel Congress,

John Hardy late of the same Captain of a Rebel Galley

Joseph Oswald late of the same Planter

Thomas Morris late of the same Rebel Officer

Samuel Miller late of the same Rebel Assembly man

Thomas Maxwell late of the same, Planter

Joseph Woodruff late of the same Captain of a Rebel Galley

Josiah Powell late of the same Planter,

Samuel Saltus late of the same a Committeeman

John Sandiford late of the same Planter

Peter Tarling late of the same Rebel Officer,

Oliver Bowen late of the same Rebel Commodore,

Lyman Hall late of the same Member of the Rebel Congress

Andrew Moore late of the same planter,

Joshua Inman late of the same Planter

John Dooly late of the same Rebel Colonel

John Glen late of the same Rebel Chief Justice

Richard Wylly late of the same President of the Rebel Council,

Adam Fowler Brisbane late of the same Rebel Counsellor

Shem Butler late of the same, Rebel Assemblyman

Joseph Habersham late of the same, Rebel Colonel

John Stirk late of the same, Rebel Colonel

Raymond Demmere late of the same Rebel Cloathier

General Charles Odingsell late of the same Rebel Captain

William Peacock late of the same Rebel Counsellor

John Braddock late of the same Captain of a Rebel Galley

Joseph Reynolds late of the same Bricklayer

Rodolph Strohager late of the same Butcher

Charles Cope late of the same Butcher

Lewis Cope late of the same Butcher

Hepworth Carter late of the same Rebel Captain

Stephen Johnston late of the same. Butcher,

John Mclntosh Junior late of the same Rebel Colonel,

James Houstoun late of the same Surgeon,

James Habersham late of the same Merchant

John Habersham late of the same Rebel Major,

John Milledge Junior, late of the same Rebel Assemblyman,

Levi Sheftal late of the same Butcher,

Philip Jacob Cohen late of the same Shop Keeper;

John Sutcliffe late of the same Shopkeeper,

Jonathan Bryan late of the Same Rebel Counsellor,

John Spencer late of the same Rebel Officer,

John Holmes late of the same Clerk,

William Gibbons the elder late of the same Rebel Counsellor,

Sheftall Sheftall, late of the same Rebel Officer,

Philip Minis late of the same Shopkeeper,

Coshman Pollock late of the same Shopkeeper,

Robert Hamilton late of the same Attorney at Law

Benjamin Lloyd late of the same Rebel Officer,

James Alexander late of the same Rebel Officer,

John Jenkins late of the same Rebel Assemblyman,

Samuel Stirk late of the same Rebel Secretary,

Philip Densler late of the same, Yeoman

Henry Cuyler, late of the same Rebel Officer

Joseph Gibbons late of the same, Rebel Assemblyman,

Ebenezer Smith Platt, late of the same shopkeeper,

Matthew Griffin late of the same planter,

Peter Deveaux late of the same Gentleman

Benjamin Odingsell late of the same Rebel Officer,

John Gibbons late of the same Vendue Master,

John Smith late of the same planter,

William LeConte late of the same Rebel Counsellor

Charles Francis Chevalier late of the same Rebel Counsellor,

Peter Chambers of Savannah Shopkeeper,

Thomas Washington late of this Province, Rebel Officer,

Elisha Maxwell late of the same, planter,

Thomas Maxwell Junior late of the same Rebel Major,

William Gibbons the younger late of the same Planter,

William Davis late of the same Rebel Officer,

John Graves late of the same Yeoman,

Charles Kent late of the same Rebel Counsellor,

John Bacon late of the same Marriner,

Job Pray late of the same Marriner.

Nathaniel Saxton late of the same tavernkeeper.

Philip Low late of the same Rebel Officer,

Samuel Spencer late of the same Marriner,

John Winn Senior late of the same Planter,

Devereaux Jarratt late of the same Rebel Assemblyman

Samuel West late of the same Gentleman,

Josiah Dupont late of the same, Planter,

James Pugh late of the same planter,

Francis Pugh late of the same Planter

James Rae late of the same Planter

James Martin late of the same Planter

John Martin, late of the same Rebel Sheriff

Thomas Pace late of the same Rebel Officer,

Benjamin Few late of the same Rebel Officer,

Dionysious Wright late of the same Planter,

Chesley Bostick late of the same Shopkeeper

Littleberry Bostick late of the same planter

Leonard Marbury late of the same Rebel Officer,

John Sharp late of the same planter,

James Harris late of the same Planter

Henry Jones late of the same Rebel Colonel

Hugh McGee late of the same Rebel Captain

John Wilson late of the same Gentleman

George Wych late of the same Rebel Officer

William Candler late of the same Rebel Officer

Zechariah Fenn late of the same Planter,

William McIntosh late of the same Rebel Colonel

David Brydie late of the Same Surgeon,

Andrew McLean late of the same Merchant

Sir Patrick Houstoun late of the same Barronet

Macartin Campbell late of the same Merchant

James Gordon late of the same planter,

John Kell late of the same Gentleman

John McLean late of the same planter;

Josiah McLean late of the same Planter

John Snider late of the same Planter,

John Elliott late of the same Rebel Officer,

Thomas Elliott, late of the same Rebel Officer

Richard Swinny late of the same Yeoman

Hugh Middleton late of the same Rebel Officer;

and also all and every Other person and persons who at any time or times before the Passing of this Act, hath or have acted in the said Province of Georgia as Members of any Council Assembly or Committee, or as a Commission of trade, or of forfeited Estates or who have held any Commission, or appointment under the said usurpation, either in a Civil or Military Capacity, satisfactory proof with respect to the persons, not particularly named being first made thereof before the Chief Justice, or one of the assistant Justices, or before two Justices of the peace in the said Province, except such Persons as did before the first day of November last past, submit themselves to his Majesty's Government, and take the established Oaths, are, and each and every of them is hereby disqualified, rendered and made incapable, to exercise hold or enjoy any Office or place of honor, trust or profit, under his Majesty in this your province of Georgia and of serving upon Juries therein, in any Case Whatsoever, and of Voting at Elections, for any Representative, or Representatives, to Sit in General Assembly in this province and of being chosen to Represent any parish or district of this Province, in any General Assembly, any Law usage Statute or Custom, to the Contrary in any wise Notwithstanding, Provided always Nevertheless, and it shall and May be lawfull to and for the Governor or Commander in Chief, of this province for the time being at any time or times during the Continuance of this Act, by and with the advice and Consent of the Honourable the Council of the said province, to Remove and take off the disqualification and incapacity by this Act imposed in the Whole or in Part, from all and every the Persons, herein before named, or any of them, and those herein before designed and intended, or any of them, so soon as they or any or either of them, shall signalize themselves, in favour of the Peace and Welfare of his Majestys said Government in the Province of Georgia aforesaid, or Otherwise discover, themselves deserving such indulgence, to the satisfaction and good liking of the said Governor or Commander in Chief and Council for the time being as aforesaid, and to Restore them, or any or either of them, to all the advantages privileges and immunities, they Respectively, enjoy'd before they engaged in the said Rebellion And in Order to prevent Rebellion and traitorous attempts in time to Come, and the Other Mischeefs Arriseing from the possession or Use of Arms, by Lawless, Wicked, and disaffected persons, who have submitted, or may submit themselves to his Majestys Government and inhabiting within this province, Be it further enacted by the Authority aforesaid, that as well all and every the persons before named, and those before designed and intended as also all and every other Person and Persons, who have, since the first day of November last past or who May hereafter, during the Continuance of this act, separate themselves from his Majestys Subjects, who are or may be in Arms, or in Rebellion against him, in the province aforesaid, or elsewhere, and submit to the Government of our said Lord the King, and Comply with the other Regulations directed by this Act, shall bring in and deliver up, within ten days after being duly summoned, to One of the Justices of the Peace, of the Parish or district, wherein such Person shall usually Reside all and singular his and their, Arms, Swords Cutlasses pistols, and other War like Implements, and Weapons for the use of his Majesty his heirs and Successors, to be forwarded by every such Justice to the Governor or Commander in Chief for the time being or to such Officer as he May think fit to Appoint to Receive the same, to be disposed of in such manner, as the said Governor or Commander in Chief, shall see fit, to and Amongst such of his Majestys Loyal Subjects, as are inrolled, or May be inrolled, in the Militia in the said province, and in case any of the Persons, herein before Named, and those designed and intended as aforesaid or any or either of them shall Neglect or Refuse, to bring in and deliver up their Arms, within the time Limmitted as aforesaid, or shall afterwards have or bear any arms, or Warlike Weapons or implements, in any part of the said Province every such person shall forfeit and Pay the Sum of twenty five Pounds, Sterling Money of Great Britain, for the Offence of not bringing in and delivering up their Arms Weapons and implements as aforesaid, and the Sum of ten pounds like Money for every time, any such Person, shall have or bear any, Warlike Arm, implement or weapon whatsoever And to prevent the secreting and Keeping back of any Arms swords Cutlasses Pistols or Other Warlike Implements or Weapons, or of powder ball or other Ammunition, Be it further enacted that it shall and may be lawful for any Justice of the Peace of this Province, or of any parish or district thereof, on Information made on oath by any Creditable Person, or from his own Knowledge to issue his warrant under his hand and Seal directed to any Constable of his district, requiring him to search for such Concealed or retained Arms, Weapons, implements or Ammunition, and if any such Articles be found (the party having no license or permission for the same as herein After mentioned) to seize sell and dispose of, forthwith, and after deducting the expences of the Warrant, distress and Sale to divide the Residue, one half to the Informer or Informers, and the Other half to the Constable or Constables, searching after and Seizing the same, and in Case the Person or Persons who Secreted or retained or advised, or Concerned himself or themselves, in secreting or Retaining, such Arms Weapons, implements or Ammunition, can be discovered, the said Justices is directed to bind him her or them, in a recognizance, with two sufficient sureties, to Appear at the next Court of Sessions, and in case, he, she or they, shall not give such surety then forthwith to Commit, him her or them, to the Common Goal in Savannah, there to remain until he she or they, shall find such Surety, or shall be Otherwise discharged by due course of Law, and every such Person and Persons, so offending is and are hereby Subjected and made liable to be indicted for such Offence, as for a Misdemeanor and if Convicted to be sentenced by the said Court of Sessions, at their discretion, and as May be usual in Cases of Misdemeanors provided Nevertheless, that it shall and may be Lawful to and for the Governor or Commander in Chief for the time being, by and with the Advice and Consent of his Majestys Honourable Council, at any time or times during the Continuance of this Act, to Grant licence and Permission in Writing to any of the person or Persons aforesaid to have, retain and Keep, in his and their any or either of their possession such Arms Ammunition, and Other Warlike Weapons and implements as such Governor or Commander in Chief may think sufficient to Guard and Protect him and them, or any or either of them, from injury insult, and for defence against his and their, and every of their domesticks, and Against the savages, Any thing herein before Contained to the Contrary notwithstanding—

And Be it Further Enacted by the Authority aforesaid, that all and every the persons herein before named, and those designed and intended as aforesaid, and all and every other Person and Persons, who since the first day of November, have seperated themselves, or shall hereafter seperate themselves, from his Majesty's Subjects, who are in Arms, or in Rebellion Against him, shall within ten days after his or their Coming or Arrival into any part of this province, repair before some one of his Majestys Justices of the Peace within the same, and enter into a bond or Recognizance to our Soveregn(sic) Lord the King his heirs and Successors, with two Sufficient Sureties the Principal in One hundred pounds, and the Sureties in fifty pounds each of Sterling Money of Great Britain, with Condition to be void if the principal shall, for twelve Months thereafter, behave and demean himself as a Good and Loyal Subject Keep the Peace and be of Good beheavour towards his said Majesty and all his liege Subjects, and shall discountenance to the utmost of his Power, all Rebellion, Rebellious practices, and treasonable misdemeanors, within this Province, and take and Subscribe, together with the state Oaths the Oath following Vizt

I: A: B: do Swear that I will be faithful and bear true Allegiance to his Majesty King George the third, and I do Solemnly and sincerely declare, that I do believe in my Conscience that he is Lawful and Rightful King of the Realm of Great Britain and of the Dominions and Colonies thereunto belonging, that the British Colonies in America of Right Ought to be Subordinate to and dependant upon the Crown of Great Britain, and that the People called the General Continental-Congress and all the bodies of Men and individuals exercising jurisdiction and Authority under them, are in Rebellion Against his Majesty their lawful Sovereign, and I do Renounce, and Refuse Obedience to them, and every one of them, and will not hold or carry on any Correspondence, by Writing, Messuage, or Otherwise, with any Person or Persons at war with, or in rebellion against his Majesty, without Licence and Permission first Obtained, from One of his Majestys Governors or Commanders by Sea, or Land, and that I will Use my Utmost Endeavours to disclose and made known to his Majesty and his Successors, or to them in Authority under him or them, all treasons and traiterous Conspiracies, which I shall Know to be Against the King or any of his Successors and all invasions which I shall Know or Suspect to be intended Against this Province, or any Other of his Majestys Dominions and I will faithfully and to the Utmost of my Power, enforce Maintain and defend his Majestys Government and Authority, in and over all his dominions, and especially in and Over the British Provinces and Plantations in America, and all this I do Swear Voluntarily, heartily truly and Sincerely without any Equivocation, evasion or Secret Reservation Whatsoever So help My(sic) God —

Which bond or Recognizance and Oaths the said Justices Respectively are hereby directed to take and Administer, and to give a Certificate thereof, and in Case any of the said Persons shall Neglect or Refuse to appear and enter into such bond or Recognizance, and take and Subscribe, the said Oaths, within the time and Manner above limitted, then every such Person Neglecting or Refusing shall be deemed a Suspected Person, and shall and May be immediately Apprehended by any Justice of the Peace in this Province, and Committed to the Nearest Common Goal, there to Remain without Bail or Mainprize, for the space of three Months, unless such Person shall in the Mean time, Voluntarily Comply with the terms prescribed by this Act, Or to serve his Majesty as a Private Soldier for and during the Continuance of the Present American Rebellion, and in Case after the Expiration of the said three Months imprisonment, any such Person or Persons, shall decline or Obstinately Refuse to Comply with the directions of this Act, and enter into such bond or Recognizance, and take and Subscribe the said Oaths, then and in such Case, every such Person shall be Subject and liable to be impressed and carried into his Majesty's Sea Service, and is and are hereby disqualified and Rendered incapable of ever hereafter becoming a Resident of or inhabitant of this province.

And It is Further Enacted by the Authority aforesaid, that the Justices of the Peace of every district and Parish of this Province, and also the Constables therein are hereby Required from time to time to Make diligent Search and inquiry after all and every Person and Persons, Who are or May Come within their respective districts whether included in this Act or not, and all those whom they shall suspect hath or have not Complied with the directions of this Act to Summon before him or them and unless such Person & Persons shall Produce a Certificate that he hath or they have, Complied with this Act, then the said Justice is hereby directed to demand and take the Bond and Recognizance aforesaid, and that being entered into, immediately thereafter, to tender him and them the Oaths aforesaid, and in Case he shall decline Or refuse to appear and give such Bond or Recognizance, and take and Subscribe the said Oaths, then the said Justice is hereby directed forthwith to Commit every such Person to the Nearest Common Goal; who, is hereby Subjected and made liable to the same imprisonment and Other punishments, restrictions, and disabilities by this Act imposed On those deemed Suspected Persons—

And Be it Further Enacted by the Authority aforesaid that the fines and forfeitures imposed by this Act shall be to his Majesty his heirs and Successors and applied in Aid of the General tax, and shall and May be sued for and Recovered in the General Court of this Province by Action of debt bill Plaint or Information,—

And Be it Enacted that all summonses mentioned in this Act shall be issued by a Judge of the Superior Court or by a Justice of the Peace for the district in which the delinquent resides, and in Case any Constable shall refuse or Neglect to receive and execute any Summons or Warrant directed by this Act, he shall be liable to the same Pains and penalties as for Neglecting or Refusing any other lawful Process issued by a Justice of the Peace—

And Be it Further Enacted by the Authority aforesaid, that this Act shall be and Continue in force for and during the Term of three Years from the Passing thereof, and from thence to the end of the Next Sessession (sic) of the General Assembly and no longer.

Commons House of Assembly

        July Ist 1780.

        By Order of the House

SAMUEL FARLEY Speaker.

        Assented to the first July 1780.

                JAMES WRIGHT.

        By Order of the Upper House

LEWIS JOHNSTON President.


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