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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, commander, 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 offences shall require, either by commission under our Great Seal of England, as the statute of the twenty-eighth of Henry the Eighth directs, or by commission from our said High Admiral, according to the act of Parliament, passed in the thirteenth year of the reign of the late king, our most dear and most entirely be. loved brother, of ever blessed memory, entitled, (“An act for the establishing articles and orders for the regulating and better government of his Majesty's navies, ships of war, and forces by sea ”), and not otherwise; 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 negligence or undue execution of any of the within orders he shall receive from you for our service, and the service of said territory and dominion, to suspend him, the said captain or commander, from the exercise of his said office of commander, and commit him into safe custody, either on board his own ship, or elsewhere, at the discretion of you, in order to his being brought to answer for the same by commission, either under our Great Seal of England, or from our said High Admiral, as is before expressed. In which case our will and pleasure is that the captain or commander so by you suspended, shall, during such his suspension and commitment, be succeeded in his said office by such commission or warrant officer of our said ship, appointed by ourself or our High Admiral of England for the time being, as, by the known practice and discipline of our navy, doth and ought next to succeed him, as in case of death, sickness, or other ordinary disability happening to the commander of any of our ships, and not otherwise; you standing also accountable unto us for the truth and importance of the crimes and misdemeanors for which you shall so proceed to the suspending of such, our said captain or commander.
Provided, also, that all disorders and misdemeanors committed on shore by any captain, commander, lieutenant, master, or other officer, seaman, soldier, or person whatsoever, belonging to 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, may be tried and punished according to the laws of the place where any such disorders, offences and misdemeanors shall be so committed on shore, notwithstanding such offender be in our actual service, and born in our pay on board any such our ships of war, or other vessels acting by immediate commission or warrant from ourself, or our High Admiral as aforesaid, so as he shall not receive any protection (for the avoiding of justice for such offences committed on shore) from any pretence of his being employed in our service at sea. And Wee do likewise give and grant unto you full power and authority, by and with the advice and consent of our said Council, to agree with the planters and inhabitants of our said territory and dominion, concerning such lands, tenements and hereditaments, as now are or hereafter shall be in our power to dispose of, and them to grant unto any person or persons for such terms, and under such moderate quit-rents, services and acknowledgements to be thereupon reserved unto us, as shall be appointed by us, which said grants are to pass and to be sealed by our Seal of New-England, and (being entered upon record by such officer and officers as you shall appoint thereunto) shall be good and effectual in law against us, our heirs and successors. And Wee give you full power and authority to appoint so many fairs, marts and markets, as you, with the advice of our said Council, shall think fit; as likewise to order and appoint within our said territory 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 merchandise, as by you, with the advice and consent of our Council, shall be thought fit and necessary; and in them or any of them to erect, nominate and appoint custom-houses, warehouses, 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, above all things, Wee do by these presents will, require and command you to take all possible care for the discountenance of vice and encouragement of virtue and good living, that by such examples the infidels may be invited and desire to partake of the Christian Religion. And for the greater ease and satisfaction of our loving subjects in matters of religion, Wee do hereby will, require and command, that liberty of conscience be allowed to all persons, and that such especially as shall be conformable to the rites of the Church of England be particularly countenanced and encouraged.
And, forasmuch as pursuant to the laws and customs of our colony of the Massachusetts Bay, and of our other colonies and provinces afore mentioned, divers marriages have been made and performed by the magistrates of our said territory, our Royal Will and pleasure is hereby to confirm, all the said marriages, and to direct that they be held good and valid in the same manner, and to all intents and purposes whatsoever, as if they had been made and contracted according to the laws established within our kingdom of England. And Wee do hereby require and command all