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have, hold or enjoy, of in to or out of any part or parts of the premifes fituate within the limits above-mentioned; but that the faid Samuel Allen, and all and every fuch perfon and perfons, may and shall have, hold and enjoy the fame, in fuch manner (and no other than) as if thefe prefents had not been had or made it being our further will and pleafure, that no grants or conveyances of any lands, tenements or hereditaments to any towns, colleges, fchools of learning, or to any private perfon or perfons, fhall be judged, or taken, to be avoided, or prejudiced, for, or by reafon of, any want, or defect, of form, but that the fame ftand and remain of force, and be maintained, adjudged, and have effect in fuch manner as the fame fhould, or ought, before the time of the faid recited judgement, according to the laws and rules then and there ufually practifed and allowed. And we do further, for us, our heirs and fucceffors, nour, Lieu will, eftablifh, and ordain, that from henceforth for ever vernour, and there fhall be one Governour, one Lieutenant, or Deputy, Secretary of the Province Governour, and one Secretary, of our faid Province or. pointed by Territory, to be from time to time appointed and commiffionated by us, our heirs and fucceffors, and eightand-twenty-Affistants or Councillors, to be adyifing and affifting to the Governour of our faid Province or Territory for the time being, as by thefe prefents is hereafter directed and appointed, which faid Council and Affifiants are to be conftituted, elected and chofen, in fuch form and manner as hereafter in thefe prefents is expreffed.

A Gover

to be ap

the king.

Twentyeight Coun. sellors.

And for the better execution of our royal pleasure and grant in this behalf, We do, by these prefents, for us, our Heirs and Succeffors, nominate, ordain, make and constitute, our trufty and well beloved Simon Broadftreet, John Richards, Nathaniel Saltenftall, Wait Winthrop,

Winthrop, John Philips, James Ruffell, Samuel Sewall, Samuel Apleton, Bartholomew Gedney, John Hawthorne, Elisha Hutchins, Robert Pike, Jonathan Curwin, John Jolliffe, Adam Winthrop, Richard Middlecot, John Fofter, Peter Serjeant, Jofeph Lynd, Samuel Heyman, Stephen Mason, Thomas Hinkely, William Bradford, John Walley, Barnabas Lowthrop, Job Alcot, Samuel Daniel, and Silvanus Davies, Efquires, the first and present Counsellors or Affiftants of our faid Province, to continue in their faid refpective offices or trufts of Counfellors or Affiftants until the laft Wednefday in May, which fhall be in the year of our Lord One thousand Six hundred Ninety-three, and until other Counsellors or Affiftants fhall be chofen and appointed in their stead, in fuch manner as in these prefents is expreffed.

And We do further, by thefe prefents, conftitute and appoint our trusty and well-beloved Ifaac Addington, Efquire, to be our first and prefent Secretary of our faid province during our pleasure.

nour to have power to as

Council at

tion.
Seven

And our will and pleasure is, that the Governour of The Goverour faid province, for the time being, fhall have authority from time to time, at his difcretion, to affemble semble the and call-together the Counsellors, or Affiftants, of our his discrefaid province, for the time being; and that the faid Governour, with the faid Affiftants, or Counsellors, or fe- Counselven of them at leaft, fhall and may, from time to time, must be hold and keep a Council for the ordering and directing the affairs of our faid province.

lors at least,

present at every meet. ing of the Council.

Assembly,

And further, we will, and, by these prefents, for Us, A General Our heirs and fucceffors, do ordain and grant, that Court, or there shall and may be convened, held, and kept, by the to be held Governour for the time being, upon every last Wednefday in the month of May every year for ever, and at all

fuch

every year.

Deputies to this As

sembly to

be chosen

by the free

holders of the province.

fuch other times as the Governor of our faid province fhall think fit and appoint, a Great and General Court or Affembly; which faid Great and General Court, or Affembly, fhall confift of the Governour and Council, or Affiftants, for the time being, and of fuch freeholders of our faid province, or territory, as shall be from time to time elected, or deputed, by the major part of the freeholders, and other inhabitants of the refpective towns and places, who fhall be present at fuch elections; each of the faid towns and places being hereby impowered to elect and depute two perfons, and no more, to ferve for and reprefent them refpectively in the said Great aud General Court or Affembly, to which Great and General Court or Affembly, to be held as aforefaid, We do heredy for Us, Our heirs and fucceffors, give and grant full power and authority, from time to time, to direct, appoint and declare, what number of each county, town, and place, fhall elect and depute to serve Qualifica for and reprefent them refpectively in the faid Great and General Court or Affembly, provided always, that

tion of the electors.

no freeholder, or other perfon, fhall have a vote in the election of Members to ferve in any Great and General Court or Affembly, to be held as aforesaid, who, at the time of fuch election, fhall not have an eftate of freehold in land, within our faid province or territory, of Oaths to be the value of forty fhillings per annum at least, or other taken by the eftate to the value of fifty pounds fterling; and that

persons elected.

every perfon who fhall be fo elected, fhall, before he fit or act in the faid Great and General Court or Affembly, take the oath mentioned in the act of parliament made in the first year of Our reign, intituled, " An act for the abrogating of the Oaths of Allegiance and Supremacy, and appointing other Oaths," and thereby appointed to be taken instead of the Oaths of Allegi

ance

nor may

ance and Supremacy, and shall make, repeat and fubfcribe, the declaration mentioned in the faid act, before the Governor, or Lieutenant or Deputy-Governor, or The Goverany two of the affiftants, for the time being, who fhall adjourn, be thereunto authorised and appointed by our faid Go- prorogue, or dissolve, vernor; and that the Governor, for the time being, the Assem fhall have full power and authority from time to time, pleasure.. as he fhall judge neceffary, to adjourn, prorogue and diffolve, all Great aud General Courts of Affemblies, met or convened as aforefaid.

blies at his

sellors are

And Our will and pleasure is, and We do hereby for The counus, our heirs and fucceffors, grant, establish and ordain, to be chosen that yearly, once in every year for ever hereafter, the annually by the aforefaid number of eight and twenty Counsellors or Asseinbly. Affiftants fhall be by the General Court or Affembly newly chofen; that is to fay, eighteen at least of the inhabitants or proprietors of lands within the territory formerly called the colony of the Maffachufets Bay, and four at the leaft of the inhabitants of, or proprietors of lands, within the territory formerly called New Plymouth, and three at the leaft of the inhabitants of, or proprietors of lands within the territory formerly called the Province of Main, and one at the least of the inhabitants of, or proprietors of lands within, the territory lying between the river Sagadahoc and Nova-Scotia; and that the faid Counsellors or Affiftants, or any of them, fhall or may, at any time hereafter, be removed and difplaced, from their respective places or truft of Counsellors or Affiftants, by any Greater General Court or Affembly; and that, if any of the faid Counsellors or Affiftants fhall happen to die, or be removed as aforefaid, before the General day of election, that then, and in every fuch cafe, the Great and General Court or Affembly, at their first fitting,

may

The Gover nour and

and other officers of justice.

may proceed to a new election of one or more Coun fellors or Affiftants, in the room or place of fuch Counfellors or Affiftants fo dying or removed.

And We do further grant and ordain, that it fhall Council are and may be lawful for the faid Governour, with the to appoint the judges, advice and confent of the Council or Affiftants, from time to time, to nominate and appoint Judges, Commiflioners of Oyer and Terminer, Sheriffs, Provofts-Mar fhals, Juftices of the Peace, and other officers to our Council and Courts of Juftice belonging: provided always that no fuch nomination or appointment of officers be made without notice first given, or summons iffued out, feven days before fuch nomination or appointment, unto fuch of the faid Counsellors, or Affiftants, as fhall be at that time refiding within our faid province.

Oaths to be

Governour

and the officers.

And Our will and pleasure is, that the Governour, taken by the and Lieutenant, or Deputy, Governour, and Counsellors, or Affiftants, for the time being, and all other officers to be appointed or chofen as aforefaid, fhall, before the undertaking of the execution of their offices and places refpectively, take their feveral and respective oaths for the due and faithful performance of their duties in their feveral and refpective offices and places; as alfo the oaths appointed by the faid act of parliament, made in first year of our reign, to be taken instead of the oaths of allegiance and fupremacy; and shall make, repeat, and fubfcribe, the declaration mentioned in the faid act, before fuch perfon or perfons as are by thefe prefents herein after appointed; (that is to fay) the Governour of our faid province, or territory, for the time being, fhall take the faid oaths, and make, repeat, and fubfcribe, the faid declaration, before the Lieutenant, or Deputy, Governour, or, in his abfence, before any two

or

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