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territory and dominion, (which our Council there, or any three of them, are hereby required, authorized and impowered to give and administer unto you), you shall administer to each of the members of our Council, as well the oath of allegiance as the oath for the due execution of their places and trust. And Wee do hereby give and grant unto you full power and authority to suspend any member of our Council from sitting, voting and assisting therein, as you shall find just cause for so doing; and if it shall hereafter at any time happen, that by the death, departure out of our said territory, or suspension of any of our councillors, or that otherwise there shall be a vacancy in our said Council, (any five whereof we do hereby appoint to be a quorum), our will and pleasure is, that you signify the same unto us by the first opportunity, that Wee may, under our Signet and Sign manual, constitute and appoint others in their room. But that our affairs at that distance may not suffer for want of a due number of councillors, if ever it shall happen that there are less than seven of them residing upon the place, Wee do hereby give and grant unto you full power and authority to choose as many persons out of the principal inhabitants thereof as will make up the full number of our Council to be seven,
and no more; which persons, by virtue of such choice, shall be, to all intents and purposes, our councillors within our said territory, until they be confirmed by us, or that by nomination of others by us, under our sign manual and signet, the said Council shall have seven persons in it.
And Wee do hereby give and grant unto you full power and authority, by and with the advice and consent of our said Council, or the major part of them, to make, constitute and ordain laws, statutes and ordinances for the public peace, welfare and good government of our said territory and dominion, and of the people and inhabitants thereof, and such others as shall resort thereunto, and for the benefit of us, our heirs and successors, which said laws, statutes and ordinances are to be, as near as conveniently may be, agreeable to the laws and statutes of this our kingdom of England.
Provided, That all such laws, 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 our seal of New-England, for our allowance or disapprobation of them, as also duplicates thereof by the next conveyance. And Wee do by these presents give and grant unto you full power and authority, by and with the advice and consent of our said Council, or the major part of them, to impose and assess and raise and levy such rates and
taxes as you shall find necessary for the support of the government within our territory and dominion of New-England; to be collected and levied, and to be employed for the uses aforesaid, in such manner as to you and our said Council, or the major part of them, shall seem most equal and reasonable. And for the better supporting the charge of the government of our said territory and dominion, our will and pleasure is, and Wee do by these presents authorize and require you, the said Sir Edmund Andros, and our said Council, to continue such taxes and impositions as are now laid and imposed upon the inhabitants thereof, and to levy and distribute or cause the same be levied and distributed to those ends in the best and most equal manner, until you shall, by and with the advice and consent of our Council, agree on and settle such other taxes as shall be sufficient for the support of our government there, which are to be applied to that use and no other.
And our further will and pleasure is, that all public money, raised, or to be raised or appointed, for the support of the government within our said territory and dominion be issued out by warrant or order from you, by and with the advice and consent of our Council as aforesaid; and our will and pleasure is, that you shall and may keep and use our seal, appointed or to be appointed by us for said territory and dominion. And Wee do further give and grant unto you, the said Sir Edmund Andros, full power and authority from time to time, and at any time hereafter, by yourself or by any other to be authorized by you in that behalf, to administer and give the oath of allegiance, now established within this our realm of England, to all and every such person as you shall think fit, or shall at any time or times pass unto our said territory, or shall be resident or abiding there. And Wee do by these presents ordain, constitute and appoint our Governor and Council of our said territory and dominion for the time being, to be a constant and settled Court of Record, for the administration of justice to all our subjects, inhabiting within our said territority and dominions, in all causes as well civil as criminal, with full power and authority to hold Pleas in all cases from time to time as well in Pleas of the Crown, and in all matters relating to the conservation of the peace and punishment of offenders, as in civil causes or actions between party and party, or between us and any of our subjects there, whether the same do concern the realty and relate to any rights of freehold and inheritance, or whether the same do concern the personalty, and relate to matter of debt, contract, damage, or other personal injury; and also in all mixed actions which may concern both realty and personalty; and
therein, after due and orderly proceeding and deliberate hearing of both sides, to give judgment and to award execution as well in criminal as in civil cases as aforesaid, so always that the forms of proceedings in such cases, and the judgment thereupon to be given, be as consonant and agreeable to the laws and statutes of this our realm of England as the present state and condition of our subjects, inhabiting within our said territory and dominion, and the circumstances of the place, will admit.
And Wee do further hereby give and grant unto you full power and authority, with the advice and consent of our said Council, to erect, constitute and establish such and so many Courts of Judicature and Public Justice within our said territory and dominion, as you and they shall think fit and necessary for the determining of all causes, as well criminal as civil, according to law and equity, and for awarding of execution thereupon, with all reasonable and necessary powers, authorities, fees, and privileges belonging unto them, as also to appoint and commissionate fit persons in the several parts of our said territory to administer the oath of allegiance unto such as shall be obliged to take the same.
And Wee do hereby grant unto you full power and authority to constitute and appoint Judges, and, in cases requisite, Commissioners of oyer and terminer, Justices of the peace, Sheriffs, and all other necessary officers and ministers within our said territory, for the better administration of justice and putting the laws in execution, and to administer such oath and oaths as are usually given for the due execution and performance of offices and places, and for the clearing of truth in judicial cases; and our further will and pleasure is, and Wee do hereby declare, that all actings and proceedings at law or equity, heretofore had or done, or now depending within any of the Courts of our said territory, and all executions thereupon, be hereby confirmed and continued, so far forth as not to be avoided for want or defect of any legal power in the said Courts, but that all and every such judicial actings, proceedings and executions, shall be of the same force, effect and virtue as if such Courts had acted by a just and legal authority. And Wee do further, by these presents, will and require you to permit appeals to be made in cases of error from our Courts in our said territory and dominion of New-England, unto our Governor and Council in civil causes. Provided, the value appealed for do exceed the sum of one hundred pounds sterling; and that security be first duly 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 appeal to our royal person, in cases that may require the same, our will and pleasure is, that if either party shall not rest satisfied with the judgment or sentence of our Governor and Council, they may then appeal unto us in our Privy Council: Provided, the matter in difference exceed the real value and sum of three hundred pounds sterling, and that 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 sentence of the governor and council be confirmed; and Provided also that execution be not suspended by reason of any such appeals unto us.
And Wee do hereby give and grant unto you full power where you shall see cause, and shall judge any offender or offenders in capital and criminal matters, or for any fines or forfeitures due unto us, fit subjects of our mercy, to pardon all such offenders and to remit such fines and forfeitures, (treason and wilful murder only excepted), in which cases you shall likewise have power, upon extraordinary occasions, to grant reprieves to the offenders therein, until, and to the intent our pleasure may be further known; and Wee do hereby give and grant unto you, the said Sir Edmund Andros, by yourself, your captains and commanders, by you to be authorized, full power and authority to levy, arm, muster, command or employ all persons whatever residing within our said territory and dominion of New-England, and, as occasion shall serve, them to transfer from one place to another for the resisting and withstanding of all enemies, pirates and rebels, both at land and sea, and to transfer 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: And them, if occasion shall require, to pursue and prosecute in or out of the limits of our said territory and plantations, or any of them; and, (if it shall so please God) them to vanquish, and, being taken, either according to the law of arms, to put to death, or keep and preserve alive, at your discretion; as also to execute martial law in time of invasion, insurrection or war, and during the continuance of the same, and upon soldiers in pay, and to do and execute all and every other thing which to a Captain-General doth or ought of right to belong, as fully and amply as any our Captain-General doth or hath usually done. And Wee do hereby give and grant unto you full power and authority to erect, raise and build within our territory and dominion aforesaid, such and so many forts, platforms, castles, cities, boroughs, towns and fortifications as you
shall judge 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 territory, and the same again or all of them to demolish or dismantle, as may be most convenient. And we do hereby give and grant unto you, the said Sir Edmund Andros, full power and authority to erect one or more Court or Courts Admiral within our said territory and dominion, for the hearing and determining of all marine and other causes and matters proper therein to be heard and determined, with all reasonable and necessary powers, authorities, fees and privileges; and you are to execute all powers belonging to the place and office of Vice-Admiral of and in all the seas and coasts about your government, according to such commission, authority and instructions as you shall receive from ourself, under the seal of our Admiralty, or from our High Admiral of our foreign plantations for the time being.
And forasmuch as divers mutinies and disorders do happen by persons shipped and employed at sea, and to the end that such as shall be shipped or employed at sea may be the better governed and ordered, Wee do hereby give and grant unto you, the said Sir Edmund Andros, our Captain-General and Governor-in-chief, full power and authority to constitute and appoint captains, masters of ships and other commanders, and to grant unto such captains, masters of ships, and other commanders, Commissions to execute the law martial, and use such proceedings, authorities, punishments, 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 their abode or residence in any of the ports, harbors or bays of our said territory and dominion, 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 sea, or within any of the havens, rivers or creeks of our said territory and dominion under your government, by any captain, comn
mmander, lieutenant, master, or other officer, seaman, soldier, or person whatsoever, who shall be in actual service and pay, in and on board any of our ships of war, or other vessels acting by immediate commission or warrant from ourself, under the seal of our Admiralty, or from our High Admiral of England for the time being; but that such captain, commander, lieutenant, master, officer, seaman, soldier, and other persons so offending, shall be left to be proceeded against and tried as the merit of their