BANISHMENT ACT OF THE STATE
An Act to prevent the return to this state of certain persons therein named, and others who have left this state or either of the United States, and joined the enemies thereof.
Whereas Thomas Hutchinson, Esq., late governor of this state, Francis Bernard, Esq., formerly governor of this state, Thomas Oliver, Esq., late lieutenant governor of this state, Timothy Ruggles, Esq., of Hardwick, in the county of Worcester, William Apthorp, merchant, Gibbs Atkins, cabinet maker, John Atkinson, John Amory, James Anderson, Thomas Apthorp, David Black, William Burton, William Bowes, George Brindley, Robert Blair, Thomas Brindley, James Barrick, merchant, Thomas Brattle, Esq., Sampson Salter Blowers, Esq., James Bruce, Ebenezer Bridgham, Alexander Brymer, Edward Berry, merchants, William Burch, Esq., late commissioner of the customs, Mather Byles, Jun., clerk, William Codner, book-keeper, Edward Cox, merchant, Andrew Cazneau, Esq., barrister at law, Henry Canner, clerk, Thomas Courtney, tailor, Richard Clark, Esq., Isaac Clark, physician, Benjamin Church, physician, John Coffin, distiller, John Clark, physician, William Coffin, Esq., Nathaniel Coffin, Esq., Jonathan Clark, merchant, Archibald Cunningham, shop-keeper, Gilbert Deblois, merchant, Lewis Deblois, merchant, Philip Dumaresque, merchant, Benjamin Davis, merchant, John Erving, Jun. Esq., George Erving, Esq., Edward Foster and and Edward Foster, Jun., blacksmiths, Benjamin Faneuil, Jun., merchant, Thomas Flucker, Esq., late secretary for Massachusetts Bay, Samuel Fitch, Esq., Wilfret Fisher, carter, James Forrest, merchant, Lewis Gray, merchant, Francis Green, merchant, Joseph Green, Esq., Sylvester Gardiner, Esq., Harrison Gray, Esq., late treasurer of Massachusetts Bay., Harrison Gray, Jun., clerk to the treasurer, Joseph Goldthwait, Esq., Martin Gay, founder, John Gore, Esq., Benjamin Hallowell, Esq., Robert Hallowell, Esq., Thomas Hutchinson, Jun., Esq., Benjamin Gridley, Esq., Frederick William Geyer, merchant, John Greenlaw, shopkeeper, David Green, merchant, Elisha Hutchinson, Esq., James Hall, mariner, Foster Hutchinson, Esq., Benjamin Mulbury Holmes, distiller, Samuel Hodges, book-keeper, Henry Halson, Esq., Hawes Hatch, wharfinger, John Joy, housewright, Peter Johonnot, distiller, William Jackson, merchant, John Jeffries, physician, Henry Laughton, merchant, James Henderson, trader, John Hinston, yeoman, Christopher Hatch, mariner, Robert Jarvis, mariner, Richard Lechmere, Esq., Edward Lyde, merchant, Henry Lloyd, Esq., George Leonard, miller, Henry Leddle, book-keeper, Archibald McNeil, baker, Christopher Minot, tide-waiter, James Murray, Esq., William McAlpine, bookbinder, Thomas Mitchell, mariner, William Martin, Esq., John Knutton, tallow-chandler, Thomas Knight, shop-keeper, Samuel Prince, merchant, Adino Paddock, Esq., Charles Paxon, Esq., Sir William Pepperell, baronet, John Powell, Esq., William Lee Perkins, physician, Nathaniel Perkins, Esq., Samuel Quincy, Esq., Owen Richards, tide-waiter, Samuel Rogers, merchant, Jonathan Simpson, Esq., George Spooner, merchant, Edward Stowe, mariner, Richard Smith, merchant, Jonathan Snelling, Esq., David Silsby, trader, Samuel Sewall, Esq., Abraham Savage, tax-gatherer, Joseph Scott, Esq., Francis Skinner, clerk to the late council, William Simpson, merchant, Richard Sherwin, saddler, Henry Smith, merchant, John Semple, merchant, Robert Semple, merchant, Thomas Selkrig, merchant, James Selkrig, merchant, Robert Service, trader, Simon Tufts, trader, Arodi Thayer, late marshal to the admiralty court, Nathaniel Taylor, deputy naval officer, John Troutbeck, clerk, Gregory Townsend, Esq., William Taylor, merchant, William Vassal, Esq., Joseph Taylor, merchant, Joshua Upham, Esq., William Walter, clerk, Samuel Waterhouse, merchant, Isaac Winslow, merchant, John Winslow, jr., merchant, David Willis, mariner, Obadiah Whiston, blacksmith, Archibald Wilson, trader, John White, mariner, William Warden, peruke-maker, Nathaniel Mills, John Hicks, John Howe, and John Fleming, printers, all of Boston, in the county of Suffolk, Robert Auchmuty, Esq., Joshua Loring, Esq., both of Roxbury, in the same county, Samuel Goldsbury, yeoman, of Wrentham, in the county of Suffolk, Joshua Loring, jr., merchant, Nathanial Hatch, Esq., both of Dorchester, in the same county, William Brown, Esq., Benjamin Pickman, Esq., Samuel Porter, Esq., John Sargeant, trader, all of Salem, in the county of Essex, Richard Saltonstall, Esq., of Haverhill, in the same county. Thomas Robie, trader, Benjamin Marston, merchant, both of Marblehead, in said county of Essex, Moses Badger, clerk, of Haverhill, aforesaid, Jonathan Sewall, Esq., John Vassal, Esq., David Phipps, Esq., John Nutting, carpenter, all of Cambridge, in the county of Middlesex. Isaac Royall, Esq., of Medford, in the same county, Henry Barnes, of Marlborough, in said county of Middlesex, merchant, Jeremiah Dummer Rogers, of Littleton in the same county, Esq., Daniel Bliss, of Concord, in the said county of Middlesex, Esq., Charles Russell, of Lincoln, in the same county, physician, Joseph Adams, of Townsend, in said county of Middlesex, Thomas Danforth, of Charlestown, in said county, Esq., Joshua Smith, trader of Townsend, in said county, Joseph Ashley, jr., gentleman, of Sunderland, Nathaniel
Dickenson, gentleman, of Deerfield, Samuel Bliss, shopkeeper, of Greenfield, Roger Dickenson, yeoman, Joshah Pomroy, physician, and Thomas Cutler, gentleman, of Hatfield, Jonathan Bliss, Esq., of Springfield, William Galway, yeoman, of Conway, Elijah Williams, attorney at law, of Deerfield, James Oliver, gentleman, of Conway, all in the county of Hampshire, Pelham Winslow, Esq., Cornelius White, mariner, Edward Winslow, jr., Esq., all of Plymouth, in the county of Plymouth, Peter Oliver, Esq., Peter Oliver, jr., physician, both of Middleborough, in the same county, Josiah Edson, Esq., of Bridgewater, in the said county of Plymouth, Lieutenant Daniel Dunbar, of Halifax, in the same county, Charles Curtis, of Scituate, in the said county of Plymouth, gentleman, Nathaniel Ray Thomas, Esq., Israel Tilden, Caleb Carver, Seth Bryant, Benjamin Walker, Gideon Walker, Zera Walker, Adam Hall, tertius, Isaac Joice, Joseph Phillips, Daniel White, jr., Cornelius White, tertius, Melzar Carver, Luke Hall, Thomas Decrow, John Baker, jr., all of Marshfield, in the said county of Plymouth, Gideon White, jr., Daniel Leonard, Esq., Seth Williams, jr., gentleman, Solomon Smith, boatman, all of Taunton, in the county of Bristol, Thomas Gilbert, Esq., Perez Gilbert, Ebenezer Hathaway, jr., Lot Strange, the third, Zebedee Terree, Bradford Gilbert, all of Freetown, in the same county, Joshua Broomer, Shadrach Hathaway, Calvin Hathaway, Luther Hathaway, Henry Tisdel, William Burden, Levi Chace, Shadrach Chace, Richard Holland, Ebenezer Phillips, Samuel Gilbert, gentleman, Thomas Gilbert, jr., yeoman, both of Berkley, in the said county of Bristol, Ammi Chace, Caleb Wheaton, Joshua Wilbore, Lemuel Bourn, gentleman, Thomas Perry, yeoman, David Atkins, laborer, Samuel Perry, mariner, Stephen Perry, laborer, John Blackwell, jr., laborer, Francis Finney, laborer, and Nehemiah Webb, mariner, all of Sandwich, in the county of Barnstable, Eldad Tupper, of Dartmouth, in the county of Bristol, laborer, Silas Perry, laborer, Seth Perry, mariner, Elisha Bourn, gentleman, Thomas Bumpus, yeoman, Ephraim Ellis, jr., yeoman, Edward Bourn, gentleman, Nicholas Cobb, laborer, William Bourn, cordwainer, all of Sandwich, in the county of Barnstable, and Seth Bangs, of Harwich, in the county of Barnstable, mariner, John Chandler, Esq., James Putnam, Esq., Rufus Chandler, gentleman, William Paine, physician, Adam Walker, blacksmith, William Chandler, gentleman, all of Worcester, in the county of Worcester, John Walker, gentleman, David Bush, yeoman, both of Shrewsbury, in the same county, Abijah Willard, Esq., Abel Willard, Esq., Joseph House, yeoman, all of Lancaster, in the said county of Worcester, Ebenezer Cutler, trader, James Edgar, yeoman, both of Northbury, in the same county, Daniel Oliver, Esq., Richard Ruggles, yeoman, Gardner Chandler, trader, Joseph Ruggles, gentleman, Nathaniel Ruggles, yeoman, all of Hardwick, in the said county of Worcester, John Ruggles, yeoman, of said Hardwick, John Eager, yeoman, Ebenezer Whipple, Israel Conkay, John Murray, Esq., of Rutland, in said county of Worcester, Daniel Murray, gentleman, Samuel Murray, gentleman, Michael Martin, trader, of Brookfield, in the said county of Worcester, Thomas Beaman, gentleman, of Petersham, in the same county, Nathaniel Chandler, gentleman, John Bowen, gentleman, of Princeton, in the said county of Worcester, James Crage, gentleman, of Oakham, in the same county, Thomas Mullins, blacksmith, of Leominster, in the said county of Worcester, Francis Waldo, Esq., Arthur Savage, Esq., Jeremiah Pote, mariner, Thomas Ross, mariner, James Wildridge, mariner, George Lyde, custom house officer, Robert Pagan, merchant, Thomas Wyer, mariner, Thomas Coulson, merchant, John Wiswall, clerk, Joshua Eldridge, mariner, Thomas Oxnard, merchant, Edward Oxnard, merchant, William Tyng, Esq., John Wright, merchant, Samuel Longfellow, mariner, all of Falmouth, in the county of Cumberland, Charles Callahan, of Pownalborough, in the county of Lincoln, mariner, Jonas Jones of East Hoosuck, in the county of Berkshire, David Ingersoll, of Great Barrington, Esq., in the same county, Jonathan Prindall, Benjamin Noble, Francis Noble, Elisha Jones, of Pittsfield, in the said county of Berkshire, John Graves, yeoman, Daniel Brewer, yeoman, both of Pittsfield, aforesaid, Richard Square, of Lanesborough, in the said county of Berkshire, Ephraim Jones, of East Hoosuck, in the same county. Lewis Hubbel, and many other persons have left this state, or some other of the United States of America, and joined the enemies thereof and of the United States of America, thereby not only depriving these states of their personal services at a time when they ought to have afforded their utmost aid in defending the said states, against the invasions of a cruel enemy, but manifesting an inimical disposition to the said states, and a design, to aid and abet the enemies thereof in their wicked purposes, and whereas many dangers may accrue to this state and the United States, if such persons should be again admitted to reside in this state:
Sect. 1. Be it therefore enacted by the Council and House of Representatives, in general court assembled, and by the authority of the same, that if either of the said persons, or any other person ,though not specially named in this act, who have left this state, or either of said states, and joined the enemies thereof as aforesaid, shall, after the passing this act, voluntarily return to this state, it shall be the duty of the sheriff of the county, and of the selectmen, committees of correspondence, safety, and inspection, grand jurors, constables, and tythingmen, and other inhabitants of the town wherein such person or persons may presume to come, and they are hereby respectively empowered and directed forthwith to apprehend and carry such person or persons before some justice of the peace within the county, who is hereby required to commit him or them to the common gaol within the county, there in close custody to remain until he shall be sent out of the state, as is hereinafter directed; and such justice is hereby directed to give immediate information thereof to the board of war of this state: and the said board of war are hereby empowered and directed to cause such person or persons so committed, to be transported to some part or place within the dominions, or in the possession of the forces of the king of Great Britain, as soon as may be after receiving such information: those who are able, at their own expense, and others at the expense of this state, and for this purpose to hire a vessel or vessels, if need be.
Sect. 2. And be it further enacted by the authority aforesaid, that if any person or persons, who shall be transported as aforesaid, shall voluntarily return into this state, without liberty first had and obtained from the general court, he shall, on conviction thereof before the superior court of judicature, court of assize and general gaol delivery, suffer the pains of death without benefit of clergy.--[Passed, September, 1778.]
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