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appointed to defray the said charge, and [LXI.] that Major Joseph Smith do take care to make due provision accordingly for his Excellencys reception and entertainment here.
Ordered, that the Treasurer do pay unto John Usher, Esq. himself and Capt. Shadrach Walton, Esq. ten pounds for their disbursement in going for Boston with the address from the Governor and Council of this Province unto his Excellency the Earl of Bellomont.
Commission of the Earl of Bellomont.
(From a Copy in the Secretary's Office.] WILLIAM THE THIRD, by the Grace of God, of England, Scot
land, France, and Ireland, king and defender of the Faith, &c. TO our Right Trusty and Right well beloved Cousin Richard, Earle of Bellomont, Greeting:
WEE, Reposing especiall trust and Confidence in the Prudence, courage and loyalty of you the said Earle of Bellomont, of our especial grace, certain knowledge and meere motion, have thought fit to Constitute and appoint, and by these presents doe Constitute and appoint you the said Richard Earle of Bellomont, to be our Governor and Commander in Chiefe of all that parte of our Province of New Hampshire within our Dominion of New England in America, lyeing and extending itselfe from three miles Northward of Merrimack River or any part thereof, unto the Province of Main with the south part of the Isle of Shoals. AND WEE doe hereby require and command you to doe and execute all things in due manner, that shall belong unto your said Command, and the trust wee have reposed in you according to the Severall powers and directions granted or appointed you by this present Commission; and the Instructions herewith given you or by such further powers or instructions as shall at any time hereafter be granted or appointed you, under our signett or Signe manual, and according to such reasonable Lawes and Statutes as now are or hereafter shall be made and agreed upon by you, with the Advice and consent of our Councill and the Assembly of our Province and Plantation, under your Government in such manner and form as is hereafter expressed: AND wee doe hereby give full power unto you the said Earle of Bellomont after you shall have first taken the Oath for the due execution of the office and trust of our Governor and Commander in Chiefe in and over our said Province of New Hampshire, which the Sd Councill or any five of them have hereby full power and authority and are required to administer unto you, to give and administer to each of the Members of our gd Councill as well the Oaths appointed by Act of Parliament to be taken instead of the Oaths of Allegiance and Supremacye, as the Test and an Oath for the due execution of their places and trust, and likewise to require them to subscribe the late Association mentioned in an Act of Parliament made in the Seaventh and Eight years of our Reigne, Eutitled, an Act for the better security of his Majties Royall person and Government. AND WEE DOE hereby give and grant unto you full power and authority to suspend any of the members of our said Council from sitting, voting, or assisting therein, if you shall finde just cause for soe doing; AND our will and pleasure is that if by the death, departure out of the Province, or suspension of any of our Councillors, there shall happen to be a vacancy in our said Councill, any three whereof wee doe hereby appoint to be a Quorum; Wee doe hereby require you to certifie us by the first opportunity of such vacancy by the death, departure, suspension or otherwise of any of our Councillors, that wee may under our Signett & Signe Manuel Constitute and appoint others in their Roome. And if it shall at any time happen, that there are less than seaven of them residing in our said Province, wee doe hereby give and grant unto you full power & Authority to choose as many persons out of the principal free holders, Inhabitants of our said Province, as will make up the full number of the Councill to be seaven and noe more; which persons soe chosen and appointed by you shall be to all intents and purposes our Councillors in our said Province, till either they are confirmed by us, or untill by the Nomination of other Councillors by us, under our Signe Manuall and Signett, the said Councill have above seaven persons in itt. AND WEE DOE hereby give and grant unto you full power and Authority with the Advice and Consent of our said Council, from time to time, as need shall require, to summon and call Assemblyes of the freeholders within your Government in such manner and forme as by the advice of our Councill you shall finde most convenient for our service and the good of our said Province: AND OUR WILL and pleasure is that the persons thereupon duly elected by the Major part of the Freeholders and being soe returned, and having before their sitting taken the Oaths appointed by Act of Parliament to be taken, instead of the Oaths of Allegiance and Supremacy, and subscribed the Test and Association aforesaid, which Oaths you shall Commissionate fitt persons under the publike Seale to Administer, and without taking the said Oaths and Subscribing the said Test and Association none shall be capable of sitting tho' elected—shall be called and held the Assembly of our said Province: And that you, the said Earle of Bellomont, by and with the Advice and Consent of our said Councill and Assembly or the Major part of them respectively, have full power and authority to Constitute and ordaine Lawes, Statutes and Ordinances for the Publike peace, welfare and good Government, of our said Province and Plantation, and of the people & Inhabitants thereof, and such other as shall resort thereto; and for the benefitt of us our heires and successors, which said Lawes, Statutes and Ordinances, are to be as near as may be agreeable unto the Lawes and Statutes, of this our kingdome of England:-PRO
said Councill in Civill Causes, PROVIDED the value appealed for doe exceed the sum of one hundred Pounds sterling, and that security be first given by the Appellant to answer such charges as shall be awarded in case the first sentence shall be affirmed. AND WHEREAS wee judge it necessary that all our subjects may have liberty to appeale to our Royal person in cases that may deserve the same, OUR will and pleasure is that if either partie shall not rest satisfied with the Judgement or Sentence of the Superior Court of our Said Province, they may then appeale unto us in our Privy Councill, provided the matter in difference exceed the true value and sum of Three hundred Pounds Sterling; and that such appeals be made within fourteen days after sentence, and that Security likewise be duly given by the Appellant to Answer Such Charges as shall be awarded in case the first Sentence be confirmed, and provided, alsoe, that execution be not suspended by reason of any such appeale unto us: AND WEE doe hereby give and grant unto you full power and authority, where you shall see cause, and thereupon shall Judge any Offender or Offenders in Criminall matters or for any fines or forfeitures fitt objects of our mercy, to pardon and remitt all such offences, fines and forfeitures, before or after Sentence given, (Treason and wilfull murder only excepted.) In which Cases you shall likewise have power upon extraordinary occasions to grant Reprieves to the Offenders untill, and to the intent, our pleasure may be known therein. AND WEE doe hereby give and grant unto you, the said Earle of Bellomont, by your selte, your Captaines and Commanders by you to be authorized, full power and authority to levy, Arme, Muster, Command or imploy all persons whatsoever residing within our said Province of New Hampshire; and as occasion shall serve them to Transferre from one place to another for the Resisting and withstanding of all enemies, Pirates and Rebells, both at Land and Sea and to Transport such forces to any of our Plantations in America, as occasion shall require for defence of the same against the Invasion or Attempts of any of our Enemies; and thein if occasion shall require, to prosecute in or out of the limitts of our said Province or Plantations or any of them, And if it shall please God, them to vanquish, apprehend and take, and being taken either according to the Law of Armes to putt to death, or keep and preserve alive at your discretion, and to Execute Martiall Law in time of Invasion, Insurrection or warr, and during the Continuance of the Same; as alsoe upon Souldiers in pay, and to doe and Execute all and every other thing and things which to a Captaine Generall doth or ought of Right to belong, as fully and Amply as any our Captaine Generall doth or hath usually done: AND WEE hereby give and grant unto you full power and authority by and with the advice and Consent of our said Councill to Erect, raise and build in our Province, such and soe many forts, Platforms, Castles, Cittyes, Burroughs, Townes, and fortifications, as by the advice aforesaid shall be judged necessary; and the same or any of them to fortify and furnish with Ordinance, Ammunition and all other sort of Armes fitt and necessary for the security and defence of our said Province, and by the advice aforesaid, the same againe or any of them to demolish or dismantle as may be most convenient. WEE DOE HEREBY give and grant unto you, the said Earle of Bellomont, full power and Authority to Erect one or more Court or Courts Admirall, within our said Province, for the hearing and determining all Marine and other Causes and matters proper to be heard therein. with all Reasonable and necessary powers, Authorities, fees, and priviledges, as alsoe to exercise all power belonging to the place and office of Vice Admirall, of and in all the Seas and Coasts belonging to your Government, according to such Commission, Authority, and Instructions as you shall receive from our Selfe under the Seale of our Admiralty; or from our high Admirall or Commissioner for Executing the office of Lord high Admirall of our foreign Plantations, for the time being; AND FORASMUCH as divers mutinies and disorders doe happen by perBons shipped and Imployed at Sea, to the end therefore that such persons may be the better Governed and ordered, we doe hereby give and grant unto you the said Earle of Bellomont, our Captaine Generall and Governor in Chiefe, full power and Authority to Constitute and appoint Captaines, Masters of Shipps and other Commanders, and to grant to such Captaines, Masters of Shipps and other Commanders, Commissions to execute the Law Martiall and to use such proceedings, Authority, Punishment, Correction, and Execution, upon any Offender or Offenders which shall be mutinous, Seditious, disorderly, or any way unruly either at Sea or during the time of abode or residence in any of the ports, Harbours, or Bays of our said Province or Territories as the Cause shall be found to require, according to Martiall Law: PROVIDED that nothing herein contained shall be construed to the enabling you, or any by your Authority, to hold Plea or have jurisdiction of any Offence, cause, matter or thing committed or doue upon the high Sea or within any of the havens, Rivers, or Creekes, of our said Province or Territories under your Government, by any Captains, Commanders, Lieutenants, master or other officer, Seaman, Souldier, or person whatsoever, who shall be in actuall Service and pay in and on board any of our Shipps of warr, or other vessels, acting by immediate Commission or Warrant from our Commissioners for executing the office of our High Admirall of England, under the Seale of our Admiralty or from our High Admirall of England for the time being. But that such Captains, Commander, Lieutenant, Master, officer, Seaman, Souldier, or any other person soe offending shall be left to be proceeded against and tryed, as the meritt of their offences shall require, either by Commission under our Great Seale of England, as the Statute of the Twenty-Eight of Henry the Eight directs, or by Commission from our said high Admirall, according to the Act of Parliament passed in the thirteenth year of the Reigne of the late King Charles the Second, Entitled, Act for Establishing Articles and Orders for the regulation and better Government of his Maj'y* Navys Shipps of warr, and forces by Sea, and not other wise; saving only, that it shall and may be lawful for you upon any such Captain or Commander refusing or neglecting to execute, or upon his negligent or undue execution of any of the written ders he shall receive from you for our service, and the service of