and noe more; which persons soe chosen & appointed by you shall be to all intents and purposes our Counsellors in our said Province till either they are confirmed by us, or until by the nomination of other Counsellors by us under our Signe manuall and Signett, the said Councill hath above seaven persons inst. AND wee doe hereby Give & Grant unto you full power and authority, with the Advice and consent of our said Councill from time to time as need shall require, to summon and call Assemblies of the freeholders within our 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 duely 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 & Association aforesaid, which Oaths you shall Commissionate fitt persons, Under the Publick 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 Joseph Dudley, 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 & Ordaine Laws, Statutes & Ordinances for the Publick peace, welfare & good Government of our Said Province and Plantation and of the people and Inhabitants thereof, and such others as shall resort thereto, And for the benefit of us our heires and Successors, which said Lawes, Statutes and Ordinances are to be as near as may be Agreeable to the Lawes and Statutes of this our Kingdom of England-PROVIDED, that all such Statutes and Ordinances of what nature or Duration soever be within three months or sooner after the making thereof transmitted unto us under the publick Seale, for our approbation or disallowance of them, as alsoe Duplicate thereof by the next Conveyance, and in case all or any of them being not before Confirmed by us, shall at any time be disallowed and not approved, and soe Signified by us, our heires or Successors, under our or their signe manual, or signett, or by order of our or their privy Councill unto you the said Joseph Dudley, or to the Commander in Chief of our said prov. ince for the time being, then such or soe many of them as shall be disallowed and not approved shall from thenceforth cease, determine and be utterly voyde and of none effect anything to the contrary thereof in any wise notwithstanding: And to the end noth

ing may be passed or done by the said Council or Assembly to the prejudice of us, our heires and successors, WEE will and Ordaine that you the said Joseph Dudley, shall have and enjoy a negative voyce in the making & passing of all Lawes, Statutes and Ordinances aforesaid, And that you shall and may likewise from time to time as you shall judge it necessary, Prorouge and Disolve all Generall Assemblies as aforesaid; AND our will and pleasure is that you shall and may keep and use the publick Seale, appointed or to be appointed by us for that our Province: And wee doe further give and grant unto you the said Joseph Dudley, full power & authority from time to time, and at all times hereafter, by yourself or by any other to be authorized by you in that behalfe to Administer the Oaths appointed by Act of Parliament to be given instead of the Oaths of Allegiance and Supremacy, to all and every such person and persons as you shall think fitt, who shall at any time or times pass into our said Province, or shall be Resident or abiding there; WEE doe hereby Give and Grant unto you full power and Authority to Erect, Constitute and Establish such and soe many Courts of Judicature and Publick Justice, within our said Province as you and they shall think fitt and necessary, for the hearing and determining of all Causes as well Criminall & Civill, according to Law and Equity, and for Awarding Execution thereupon, with all Reasonable, and necessary powers, Authorityes, fees, and priviledges belonging unto them; As also to appoint and Commissionate fitt persons in the Severall parts of your Government to Administer the Oaths appointed by Act of Parliament, to be taken instead of the Oaths of Allegiance and Supremacy, And the Test unto such as shall be obliged to take the same: And likewise to require them to subscribe the fore mentioned Association; AND wee doe hereby authorize & Impower you to Constitute and appoint Judges, Justices of the Peace, Sheriffes, and other necessary Officers and Ministers in our Said Province for the better Administration of Justice and putting the Lawes in Execution, And to administer or Cause to be administered such Oathe or Oaths as are usuall for the due Execution and performance of Offices and places of Trust, And for the clearing of Truth in Judicial Causes; WEE do further by these presents will and require that Appeals be permitted to be made in cases of Error from our Courts of New Hampshire, unto you our Governor, and to our Councill and in your absence from the said Province to our Lt Governor and our said Councill, in Civill Causes, Provided the value Appealed for doe exceed the sume 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, We doe 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 that the matter in difference Exceed the true value and sume of Three hundred pounds sterling; And that such Appeale be made within fourteen dayes after sentence, And that Security be likewise duely given by the Appellant to Answer such Charges as shall be Awarded in Case the first Sentence be Confirmed; and Provided also that Execution be not Suspended, by Reason of any such appeals unto us: AND wee doe hereby give & grant unto you full power and authority, where you shall see Cause, and shall Judge any offender or Offenders in Criminall matters or for any fines or forfeitures fitt objects of our mercie, to parrdon all such Offenders 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 will and Pleasure may be known therein: AND wee doe hereby Give and Grant unto you the said Joseph Dudley, by your selfe, your Captains & Commanders by you to be Authorized, full power and Authority to Levy, Arm, Muster, Command & Employ all persons whatsoever Residing within our Said Province of New Hampshire, and as occasion shall serve them, to transfer from one place to another for the Resisting and withstanding of all Enemys, 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 the defence of the Same Against the invasion or attempt of any of our Enemies, Pirates and Rebells, if there shall be occasion, to Pursue and 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 Law to put to death or keep & preserve alive at your discretion, and to Execute Martial Law in time of Invasion, Insurrection or Warr and to doe and Execute all and every thing and things which to a Captaine Generall doth or ought of Right to belong, as fully & amply as any our Capt. Generalls doth or hath usually done: AND wee doe hereby Give and Grant unto you full power & Authority, by and with the Advice & Consent of our said Coun

cill, to Erect, Raise and Build in our said Province such and soe many forts, platforms, Castles, Cittyes, Borroughs, Towns and fortifications, as by the Advice aforesaid shall be thought necessary And the same or any of them to fortifie and furnish with Ordinance, Ammunition, and all sort of Arms, fitt & necessary for the security and defence of our said Province; and by the advice aforesaid the same again or any of them to demolish or dismantle as may be most Convenient: Wee doe hereby Give & Grant unto you the said Joseph Dudley, full power and Authority to Erect one or more Court or Courts Admirall within our said Province for the hearing & determining all Marine and other causes and Matters proper to be heard therein, with all Reasonable and necessarie powers, Authoritys, fees, and Priviledges: As also to execute all powers 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 Commanders for executing the office of High Admirall of our foreigne plantations for the time being: AND forasmuch as divers mutinyes and disorders doe happen by persons shipped and employed at sea during the time of Warr, to the end that such persons may be the better Govered and Ordered, Wee doe hereby Give & Grant unto you the said Joseph Dudley, our Governor & Commander in Chiefe full power and Authorityto 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 during the Time of Warr, and to use such proceedings, Authority, Punishment, Correction & Execution Upon any Offender or Offenders which shall be mutinous, Seditious, Disorde rly or any way unrulye either at Sea or during the time of their Abode or Residence in any of the ports, Harbours, or Bays of our said province or Territoryes as the cause shall be found to require, according to Martiall Law, during the time of Warr as aforesaid: 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 done upon the High Sea or within any of the Havens, Rivers, or Creeks of our said Province or Territoryes under your Government by any Capts, Commanders, Lieutent, Master, or other Officer, Seamen, Souldier, or person whatsoever, who shall be in Actuall Service and pay in or on Board any of our Shipps of Warr or other vessels, Acting by Imediate Commission or Warrant from our

Lord high Admirall of England, now and for the time being, under the Seal of our Admiralty, or from the Com" of Executing the Office of our high Admirall of England for the time being; but that such Captaine, Commander, Lieutenant, Master, Officers, Seaman, Souldier, or other person soe offending be left to be proceeded against and tryed as the meritts of their offences shall require, either by Commission Under our Great Seale of England as the Statute of the twenty eighth of Henry the Eighth directs, or by Commission from our High Admirall of England now and for the time being, or from the Commissioners for Executing the office of High Admirall of England for the time being, according to the Act of Parliament, Passed in the Thirteenth yeare of the Reigne of our late Royall Unkle King Charles the Second, Entifled an Act for the Establishing Articles and Ordinances for the Regulating and better Government of his Majesties Navy, Shipps of Warr, and forces by Sea, and not otherwise; Saving only that it shall and may be Lawfull for you upon any such Capt or Commanders refusing or neglecting to execute, or upon his negligent or undue execution of any the written orders he shall receive from you for our Service and the Service of our said province, to suspend him the said Capt. or Commander from the exercise of his said office of Commander, and Committ him into Safe Custodye either on board his owne Shipp or elsewhere at your discretion, in order to his being brought to Answer for the same, either by Commission Under our Great Seale of England, or from our High Admirall of England Now and for the time being, or our Commanders for executing the office of High Admirall of England for the time being, as is before expressed, in which Case OUR WILL and pleasure is that the Capt. or Commanders soe by you suspended shall during such his suspension and Committment be succeeded in his said Office by such Commission or Warrant Officer of our said Shipp appointed by our High Admirall of England now, or for the time being, or by our Commanders for executing the Office of our High Admirall of England for the time being, as by the Known practice and Discipline of our Navy does and ought next to succeed him, as in Cases of Death, Sickness or other ordinary Disability hapening to the Commander of any our Shipps of Warr, and not otherwise; you standing alsoe accountable to us for the truth and Importance of the Crimes and Misdemeanors for which you shall soe proceed to the Suspending of such our Capts. or Commanders, PROVIDED alsoe that all disorders and Misdemeanours committed on Shoar by any Capt. Commander, Lieutenant, Master, or other Officer, Seamen Soldier, or person what