“Whereas in his Majesty's province of
Massachusetts Bay, in New England, an attempt has 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, has been suffered to
take place, uncontrolled and unpunished, in defiance of his Majesty's
authority, and to the utter subversion of all lawful governments; and
whereas, 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 thereof, or the authority of the magistrate in the
support of whom such acts had been done...if any inquisition or
indictment shall be found, or if any appeal shall be sued or
preferred against any person for murder, or other capital offense, in
the province of Massachusetts Bay, and it shall appear by information
given upon oath to the governor, or, in his absence, to the
lieutenant-governor of the said province, that the fact was committed
by the person against whom such inquisition or indictment shall be
found, or against whom such appeal shall be sued or preferred as
aforesaid, 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 in acting in his duty as an officer of revenue, or in acting under
the direction and order of any magistrate for the suppression of
riots, or for the carrying into effect the laws of revenue, or in
aiding and assisting in any of the cases aforesaid; and if it shall
also appear to the satisfaction of the said governor, or
lieutenant-governor respectively, that an indifferent trail cannot be
had within the said province; in that case it shall and may be lawful
for the governor or lieutenant-governor to direct, with the advice
and consent of the council, that the inquisition, indictment, or
appeal shall be tried in some other of his Majesty's colonies, or in
Great Britain; and for that purpose, to order the person against whom
such inquisition or indictment shall be found, or against whom such
appeal shall be sued or preferred as aforesaid, to be sent, under
sufficient custody, to the place appointed for his trial, or to admit
such person to bail, taking a recognizance (which the said governor,
or, in his absence, the lieutenant-governor, is hereby authorized to
take), from such person, with sufficient sureties, to be approved of
by the said governor, or, in his absence, the lieutenant-governor, in
such sums of money as the said governor, or in his absence, the
lieutenant-governor, shall deem reasonable for the personal
appearance of such person, if the trial shall be appointed to be had
in any other colony, before the governor, or lieutenant-governor, or
commander-in-chief of such colony; and if the trial shall be
appointed to be had in Great Britain, then before his Majesty's Court
of King's Bench, at a time to be mentioned in such recognizances; and
the governor or lieutenant-governor, or commander-in-chief of the
colony where such trial shall be appointed to be had, or Court of
King's Bench, where the trial is appointed o be had in Great Britain,
upon the appearance of such person, according to such recognizance,
or in custody, shall either commit such person, or admit him to bail,
until such trial...”
George III, May 20, 1774
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