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said Councill in Civil 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 selfe, 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 them 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 Martial 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 persons 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 Martial 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 done 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 Majty 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 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, & commit him into safe Custody either on board his own shipp or elsewhere, at the discretion of you in order to his being brought to answer for the same by Commission, under Our Great Seale of England or from our said High Admirall as is before Expressed IN WHICH case, our will and pleasure is that the Capt or Commander 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 Commissioner for executing the office of our High Admirall of England or by our high Admirall of England for the time being, as by the knowne practice and discipline of our Navy does and ought next to succeed him, as in case of death, sicknesses, or other ordinary disability happening to the Commander of any our shipps of warr, and not otherwise, you standing alsoe accountable to us for the truth & Importance of the Crimes and Misdemeanors, for which you shall soe proceed to the suspending of such our Captain or Commander; PROVIDED alsoe that all such disorders & misdemeanors committed on shore by any Capt., Commander, Lieutenant, Master, or other officer, seamen, souldier, or person whatsoever belonging to 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, may be tryed and punished according to the Lawes of the place where any such disorders, offences and misdemeanors shall be soe committed on shoare, notwithstanding such offender be in our actual service, and born in our pay on board any such our shipps of Warr, or other vessels acting by Imediate Commission or Warrant from our Commissioners for executing the office of our High Admirall, or from our high Admirall as aforesaid, soe he shall not receive any protection for the avoyding of justice, for such offences Committed, on shoare, from any pretence of his being Imployed in our service at Sea: OUR WILL AND pleasure [is] that all publicke moneys raised or to be raised within our said Province, and other the Territories depending thereupon, be issued out by warrant from you by and with the Advice and consent of the Councill, and disposed of by you for the support of the Government and not otherwise: AND wee doe hereby likewise give and grant unto you full power & Authority by and with the advice of our said Councill, to agree with the Inhabitants of our Province and Territories aforesaid, for such Lands, Tenements, AND Hereditaments, as now are or hereafter shall be in our power to dispose of, and them to grant to any person or persons for such Tearmes and under such moderate Quitt rents, Services, and acknowledgements to be thereupon referred unto us, as you by and with the advice aforesaid shall think fitt, which sd grants are to pass and be sealed, by our seale of New Hampshire, and being entered upon Record by such Officer and Officers as you shall appoint thereunto, shall be good and effectuall in Law against us, our heires and Successors. AND WEE do hereby give you full power to appoint faires, Marts, & Markets within our said Province as you, with the advice of our said Councill shall

think fitt, and to order & appoint such and soe many Ports, Harbours, Bays, Havens and other places, for the Convenience and Security of shipping and for the better loading and unloading of goods and merchandizes, in such and soe many places, as by you with the Advice and Consent of our said Councill, shall be thought fitt and Convenient, and in them or any of them to erect, Nominate and appoint, Custom Houses, Ware houses, and offices relating thereunto, and them to alter, Change, place or displace from time to time, as with the advice aforesaid, shall be thought fitt. AND WEE doe, by these presents Will, require and Command you to take all possible care for the discountenance of vice and encouraging of virtue and good Living, that by such examples the Infidells may be invited and desire to partake of the Christian faith: AND FURTHER Our will and pleasure is, that you shall not at any time hereafter, by colour of any power or Authority hereby granted or mentioned to be granted, take upon you to give, grant or dispose of any Office or place within our said Province and Territories, which now is or shall be granted under the Great Seale of England, any further than that you may, upon the Vacancy of any such office or Suspension of any Officer by you, putt in any person to officiate in the intervall, untill the said place be disposed of by us under the Great Seale of England, or that our directions be otherwise given therein; AND WEE doe hereby require & Command all officers and Ministers Civil and Military, and all other Inhabitants of our said Province to be obedient, Ayding and Assisting unto you the said Earle of Bellomont, in the execution of this our Commission, & of the powers and authorities therein contained; and in case of your death or absence out of our said Province, unto such person as shall be appointed by us to be our Lieutenant Governor or Commander in Chiefe of our said Province, to whom we doe therefore by these presents, give and grant all and singular the powers and Authorities aforesaid to be executed and enjoyed by him during our pleasure, or untill you returne to our sd Province: AND if upon such death or absence there be noe person upon the place Commissionated by us to be Commander in Chiefe, OUR WILL and pleasure is that then the present Council of New Hampshire, doe take upon them the administration of the Government and Execute this Commission, and the severall powers and Authorities therein contained, and that such Counsellor who shall be at the time of your death residing within OUR Province of New Hampshire, and Nominated in our Instructions to you before any other at that time residing there, doe preside in our said Councill, with such powers and preheminences as any former President hath used and enjoyed within our said Province, untill our pleasure shall be knowen therein, or your return as aforesaid. LASTLY, wee doe hereby ordaine and appoint that you the said Earle of Bellomont shall and may hold, Execute, and enjoy the Office and place of our Governor & Commander in Chiefe, in and over our Province & Plantation of New Hampshire, together with all & singular the powers and authorities hereby granted unto you, for and during our pleasure, immediately upon your Arrivall within our said Province of New

Hampshire, and the Publication of this our Commission, from which time our Commission to our Trusty and well beloved SAMUEL ALLEN, Esq., to be Governor and Commander in Chiefe of our said Province of New Hampshire, is immediately to cease & become voyd; & IN WITNESs whereof, wee have caused these our letters to be made Patents. WITTNESSE Thomas Archbishop of Canterbury, and the rest of the Guardians and justices of the Kingdome at Westminister, the Eighteenth day of June, in the Ninth year of our Reigne.

CHUTE.

A Commission for Administering the Oath to the Governor of New Hampshire.

[Commissions, &c., in the Secretary's office.]

WILLIAM the Third, by the Grace of God, of England, Scotland, France and Ireland, King, Defender of the Faith, &c: To our trusty and well beloved Edward Randolph, Francis Foxcraft, Nathaniel Byfield, Benjamin Bullivant, Robert Elliott, John Hincks and Thomas Newton, Esquires, or any five of the members of the Councill, and the Collector of his Majties Customes, for the time being, within our Province of New Hampshire, Greeting:

WHEREAS [here the several Acts of Parliament relating to taking the oath are referred to]-WEE, therefore Reposing especial Trust and Confidence in you, doe hereby appoint, & authorise you, the said Edward Randolph, Francis Foxcraft, Nathaniel Byfield, Benjamin Bullivant, Robert Elliott, John Hincks and Thomas Newton, or any five of the members of the Council, and the Collector of his Maj'ties Customes for the time being, within our Province of New Hampshire, or any three or more of you, to administer the following oath to the Governor or Commander-inChiefe of our sd Province of New Hampshire; and in case of the absence, death or removal of soe many of you, the Commissioners, that there are not a sufficient Number remaining to administer the said oath,-Our further will and pleasure is, that any three or more of the Councill in the said Province for the time being, shall be and are hereby appointed and Impowered to administer the said Oath to the Governor or Commander-in-Cheife in the said Province, for the time being;-IN WITNESSE whereof wee' have caused these our Letters to be made Patents. WITNESSE, Thomas, Archbishop of Canterbury, and the rest of the Guardians and Justices of the Kingdome, at Westminster, the thirtieth day of April, in the ninth year of our Reigne.

TREVOR: DAwling.

ОАТН.

I, A. B., Governor of the Province of New Hampshire, in America, doe solemnly sweare to doe my utmost, that all the matters and things contained in an Act of Parliament made in Eng

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