our said Council from sitting, voting, and assisting therein, if you shall find just cause for so doing; And Our will and pleasure is, that if, by the death, departure out of Our said Province, or Suspension of any of our said Councillors, there shall happen to be a vacancy in Our said Council, any five whereof we do hereby appoint to be a Quorum, we do hereby require you to certify us by the first opportunity of such vacancy, by the death, departure, suspension or otherwise of any of Our Councillors, that we may, under our Signet and Sign manual, constitute and appoint others in their room; and if it shall at any time happen that there are less than seven of them residing in our said Province, we do hereby give and grant unto you full power and authority to choose as many persons out of the principal freeholders, of the Council, inhabitants of our said Province, as will make up the full number seven, and no more; which persons, so 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 until, by nomination of other Councillors by us by our sign manual and signet, the said Council hath above seven persons in it. And we do 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 assemblies of the freeholders within your Government, in such manner and form as by the advice of our Council you shall find 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 so returned and having before their sitting taken the oaths appointed by act of Parliment, to be taken instead of the oaths of allegiance and supremacy, and subscribed the test which you shall commissionate fit persons under the Public seal to administer, and without taking and subscribing none shall be capable of sitting though elected, shall be called and held the Assembly of our said Province; and that you, the said Samuel Allen, by and with the advice and consent of our said Council and Assembly, or the major part of them respectively, have full power and authority to make, constitute and ordain Laws, Statutes and Ordinances for the public Peace, welfare and good government of our said Province and Plantation, and the people and inhabitants thereof, and such others as shall resort thereto, and for the benefit of our Heirs and successors, which said Laws, Statutes and ordinances are to be (as near as may be), agreeable to the Laws 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 of the same, transmitted unto us, under the Public Seal for Our Approbation or disallowance of them, as also Duplicates 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 so signified by Us, our Heirs and Successors, under our or their Signet or Sign manual, or by our or their Privy Council, unto you, the said Samuel Allen, or to the Commander-in-Chief of our said Province for the time being, then such, or so many of them as shall be so disallowed, and not approved, shall, from thenceforth cease, determine, and be utterly void and of none effect, anything to the contrary thereof in any wise notwithstanding. And to the end nothing may be passed or done by the said Council or Assembly to the prejudice of Us, our Heirs and successors, we will and ordain that you, the said Samuel Allen, shall have and enjoy a negative voice in the making and passing of all Laws, Statutes and Ordinances as aforesaid; and that you shall and may likewise from time to time, as you shall judge it necessary, prorogue and dissolve all General Assemblies as aforesaid; and Our will and pleasure is, that you may and shall keep and use the public Seal appointed by us for that, our Province; and we do further give and grant unto you, the said Samuel Allen, full power and authority from time to time, and at all times hereafter, by yourself or by any other, to be Authorized by you in that behalf to administer the oaths appointed by act of Parliment to be given instead of the oaths of allegiance and supremacy, to all and every such person or persons as you shall think fit, who shall at any time or times pass into your said Province, or shall be resident or abiding there. We do hereby give and grant unto you full power and authority to erect, constitute and establish such and so many Courts of Judicature and public justice within Our said Province, as you and they shall think fit and necessary for the hearing and determining of all cases, as well Criminal as Civil, according to Law and equity, and for awarding of Execution thereupon with all reasonable and necessary powers and authorities, fees and privileges belonging unto them.

And we do hereby authorize and impower you to constitute and appoint Judges, Justices of the Peace, Sheriffs and other necessary officers and ministers in our said Province for the better administration of justice and putting the laws in execution, and to administer or cause to be administered such oath or oaths as are usual for the due execution and performance of Offices and places of trust and for the Clearing of truth in Judicial Causes. And,

whereas we do judge it necessary that all our subjects may have Liberty to appear to our Royal Person in Causes that may deserve the same, Our will and pleasure is, that if either party shall not rest satisfied with the judgment or sentence of the Superior Court of Our said Province, they may then appeal unto Us in Our Privy Council. Provided the matter in difference exceeds the real value and sum of one hundred pounds Sterling, and such Appeal be made within one fortnight after sentence, and that security be likewise duly given by the Appellant to answer such charges as shall be awarded in case the first sentence shall be confirmed; and provided also that execution be not suspended by reason of any such appeal unto Us. And We do hereby give and grant unto you full power and authority, where you shall see cause, and thereupon shall judge any offender or offenders in criminal matters, or for any fines or forfeitures fit objects of Our mercy, to pardon, remit all such offences, fines and forfeitures before or after sentence givenTreason and wilful murder only excepted-in which Causes you shall likewise have power, upon extraordinary occasions, to grant reprieves to the offenders therein, until and to the intent Our pleasure may be known therein; and we do hereby give and grant unto you, the said Samuel Allen, by yourself, your Captains and Commanders by you to be authorized to levy, arm, muster, command or employ all persons whatsoever residing within Our said Province of New-Hampshire as occasion shall serve, to transfer from one place to another for the resisting and withstanding of all enemies, Pirates and Rebels, both at Land and Sea; and we do hereby give and grant unto you full power and authority, by and with the advice and consent of our said Council, to erect, raise and build, in our said Province, such and so many Forts and Platforms, Castles, Cities and burroughs, Towns and Fortifications as, by the advice aforesaid, shall be judged necessary; and the same or any of them to fortify and furnish with Ordnance, ammunition, and all sorts of arms fit and 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.

We do hereby give and grant unto you, the said Samuel Allen, full power and Authority to erect one or more Courts, or Courts of Admiral, 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 privileges, as also to exercise all powers belonging to the place and office of Vice-Admiral of and in all the Seas and Coasts belong

ing to your Government, according to such commission, authority and instructions as you shall receive from Us, under the Seal of Our Admiralty, or from Our High Admiral or Commissioners for Executing the office of our Lord High Admiral of Our Foreign Plantations for the time being. And we do hereby give unto you full power to appoint Fairs, Marts, and Markets within Our said Province, as you, with the advice of our said Council, shall think fit, and to order and appoint such and so many Ports, Harbors, Bays, Havens and other places, for the Convenience and Security of Shipping, and for the better loading and unloading of goods and merchandises in such and so many places as by you, with the advice and Consent of our said Council, shall be thought fit and convenient, and in them or any of them to erect, nominate and appoint Custom Houses, Ware-Houses and officers relating thereunto, and them to alter, Change, place or displace, from time to time, as with the advice aforesaid, shall be thought fit. And we do hereby require and command all officers and ministers, civil and military, and all other inhabitants of our said Province to be obedient, aiding and assisting unto you, the said Samuel Allen, in the Execution of this our Commission, and of the powers and authorities therein contained; and in case of your death or absence out of the said Province, unto our trusty and well beloved John Usher, Esq, our Leftenant Governor, or to the Commander-in-Chief of our said Province, for the time being, to whom we do therefore, by these presents, give and grant all and singular, the powers and authorities aforesaid to be executed and enjoyed by them respectively during our pleasure, or until your arrival within Our said Province. And if upon such death or absence there be no person upon the place commissionated by us to be Commander-in-Chief, our will and pleasure is, that the then present Council of New Hampshire do take upon them the administration of the Government, and to execute this Commission of the several powers and authorities herein Contained, and that such Councillor who shall be at the time of your death residing within Our said Province of New Hampshire, and nominated in Our Instructions to you before any other at that time residing there, do preside to Our said Council, with such powers and Pre-eminences as any former President hath used and enjoyed within Our said Province, until Our pleasure shall be known therein or your arrival

as aforesaid.

Lastly. We do hereby ordain and appoint that you, the said Samuel Allen, shall and may hold and execute and enjoy the Office and place of Our Governor and Commander-in-Chief in and

over our Province and Plantation of New Hampshire, together with all and singular the powers and authorities hereby granted unto you for and during our Pleasure. Provided always, that nothing herein contained shall be taken or construed to derogate from or to alter or diminish any the powers or authorities granted by Our Commission under the Great Seal of England, bearing date the twelfth day of December last to our trusty and well beloved Sir William Phipps, Knt. or to our Leftenant Governor of our province of the Massachusetts Bay in reference to the Militia and the forts and places of strength within Our said province of New Hampshire, so as nevertheless that neither the said Sir William Phipps nor our said Leftenant Governor shall take upon him and themselves to suspend any officer appointed by us or you in pursuance of this our Commission to any Commander in the militia or Government of any forts or places of strength within our said Province, except for misbehavior in which case he or they may proceed to suspend or displace any such officer giving us a speedy account of his or their proceedings therein.

In Witness whereof we have caused these our Letters to be made Patents: Witness ourselves at Westminster the first day of March, in the fourth year of our Reigne.

Per Breve de Privato Sigillo, Dupt.

CHUTE.