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shall have full power & authority to hold Plea in all Cases from time to time aswell in pleas of the Crowne and in all matters relating to the conservacon of the Peace and punishment of Offenders as in Civill Suits and Accons between party & party or between vs and any of our subjects there whether the same do concern the Realty & relate to any right of Freehold & Inheritance or whether the same do concern the personalty and relate to some matter of debt Contract damage or other personall Injury And also in all mixt Accons which may concern both Reality & psonality and therein after due & orderly proceedings & deliberate hearing of both sides to give Judgement & to award Execucon aswell in Criminall as in Civill Cases as aforesaid so alwaies that the formes of proceedings in such Cases & the Judgements thereupon to be given be as consonant & agreeable to the Lawes & Statutes of this our Realme of England as the p'sent State & Condicon of our subjects Inhabiting within the Limitts aforesaid and the circumstances of the place will admitt And the President & Councell for the time being and every one of them respectively before they be admitted to their severall & respective offices & charges shall also take this oath following you shall sweare well & truely to administer Justice to all his maties good subjects inhabiting within the Territory and Dominion of New England vnder this his maties Government and also duely & faithfully to discharge & execute the trusts in you reposed according to the best of your knowledge you shall spare no person for favor or affeccon nor any person grieve for hatred or ill will So help you God And Wee doe further hereby give & grant vnto our said President & Councell or to the major part of them full power & authority to erect constitute & establish such and soe many County Courts & other Inferior Courts of Judicature & publick Justice within our said Colony & Dominion as they shall think fitt and necessary for the hearing & determining of all Causes aswell Criminall as Civill accord

ing to Law & equity and for awarding of execucon thereupon with all reasonable & necessary powers authoritys Fees & priviledges belonging vnto them Nevertheless It is our Will & pleasure and soe we do hereby expressly declare that it shall and may be lawfull from time to time to & for all and every person who shall think him or themselves aggrieved by any sentence Judgement or decree pnounced given or made as aforesaid in about or concerning the title of any Land Or other reall estate or in any personall Accon or suit above the value of three hundred pounds & not vnder to appeale from such Judgement Sentence & Decree vnto vs in our Privy Councel But with & vnder this Caution & limitacon that the Appellant shall first enter into and give good Security to pay full costs in case no Releife shall be obteyned vpon such Appeale And for the better defence & security of all our Loving Subjects within our said Territory & Dominion of New England our further Will & pleasure is and Wee do hereby authorize require & Comand our said President & Councell for the time being in Our name and vnder the Seale by vs appointed or to bee appointed to be vsed to give & yssue forth Comissions from time to time to such person & persons whom they shall Judge best qualified for the Regulacon & discipline of the militia of our said Territory & Dominion and for the arraying & mustering the Inhabitants thereof & instructing them how to beare & vse their Armes and that care be taken that such good discipline shall be observed as by the said Councell shalbe prescribed And that if any Invasions shall at any time be made or other destruccon Detriment or annoyance made or done by Indians or others vpon or vnto our good subjects inhabiting within the sayd Territory & Dominion We by these p'sents for vs our heires and Successors declare ordeyne & grant that it shall & may bee lawfull to & for our said subjects so comissioned by our said Councell from time to time and at all times for their speciall defence & safety to encounter expell

repell & resist by force of armes and all other fitting wayes & means whatsoever all and every such person & persons as shall at any time hereafter attempt or enterprize the destruccon Invasion detrement or Annoyance of any of our said Loving Subjects or their plantacons or Estates And above all things Wee do by these p'sents will require & Comand Our said Councell to take all possible Care for the discountenance of all vice and incouragem* of vertue & good Living that by such Example the Infidells may bee invited & desire to partake of the Christian Religion And for the greater Ease & satisfaccon of our said loving subjects in matter of Religion Wee do hereby will require & comand that liberty of Conscience shalbe allowed vnto all persons and that such especially as shall be conformable to the Rites of the Church of England shalbe pticulerly countenanced and encouraged And further Wee do by these p'sents for vs our heires & successors give & grant vnto the said Councell & their successors for the time being full & free liberty power & authority to heare & determine in all emergencies relating to the peace & good Government of our Subjects within the said Province and also to sumon & convene any person or persons before them and Punish Contempts and to cause the oath of Allegiance to be administred to all & every person & persons who shalbe admitted to any office or preferment and for supporting the charge of the Government of our said Territory & Dominion in New England, Our Will & pleasure is, and We do by these presents authorize & require the said President & Councell to continue such Taxes & Imposicons as have been & now are laid & imposed vpon the Inhabitants thereof and that they levy & distribute, or cause the same to be levied & distributed to these Ends in the best & most equall manner they can. Also our will and pleasure is And Wee do hereby direct & appoint that if the said President of Our Councell shall happen to dy that then from and after the death of the said President, his Deputy, shall succeed him in

the Office of President, and shall & may nominate and Choose any one of the said Councell to be his Deputy to p❜side in his absence And the said Deputy so succeeding shall continue in the said Office of President vntill our further Will & pleasure bee knowne therein And if any of the members of the said Councell shall happen to dy Our Will & pleasure is and Wee do hereby direct & appoint the President of our Councell for the time being to elect some other person to be a member of the said Councell for that time, and to send over the name of such person soe chosen, and the names of two more Whom our said President shall judge fittly qualified for the said trust that We our heires & successors may nominate & арpoint which of the three shall be the member in the place of the member so dying And lastly our will & pleasure is that the said President & Councell for the time being do p'pare and send vnto vs such rules & methods for their owne proceedings as may best suit with the constitucon of our Territory & Dominion aforesaid and for the better establishing our authority there and the government thereof that We may alter or approve the same as Wee shall think fitt. In Witnes &c. Witnes the King at Westm the eighth of October per ipsum Regem.

Public Record Office, Patent Roll, 1 James II, Part 8, No. 14.

SIR EDMUND ANDROS'S FIRST COMMISSION

AS

GOVERNOR OF THE TERRITORY AND DOMINION OF NEW ENGLAND

3 JUNE, 1686

James the Second by the Grace of God King of England Scotland France and Freland Defender of the Faith be To our Trusty and Welbeloved Sir EDMUND ANDROS Knight Greeting

Whereas the Government of that part of our Territory and Dominion of New England hereafter menconed is now in our hands and being minded to give all protection

De Concessione
Andros militi
Commissionis

and encouragement to our good subjects therein and to provide in the most effectuall manner for their security and Welfare Wee therefore reposeing especiall trust and confidence in the prudence courage and loyalty of you the said Sir Edmund Andros out of our especiall grace [and] certaine knowledge and meere Mocon have thought fitt to constitute and appoint and by these p'sents doe constitute and appoint you the said S Edmund Andros to be our Captain Generall and Governor in Cheife in and over all that our Territory and Dominion of New England in America comonly called & knowne by the name of our Colony of the Massachusetts Bay our Colony of New Plymouth and our Provinces of New Hampshire and Maine the Narragansett Country otherwise called the Kings

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