Page images
PDF
EPUB

or persons, as are by these presents herein after appointed; that is to fay, The governor of our said province or territory, for the time being, shall take the said oaths, and make, repeat, and subscribe the declaration before the lieutenant, or deputy governor, or, in his absence^ before any two or more of the said persons hereby nominated and appointed, the present councillors, or assistants, of our said province or territory, to whom we do, by these presents, give full power and authority to give and administer the same to our said governor accordingly. And after our said governor shall be iworn, and shall have subscribed the said declaration, that then our lieutenant, or deputy governor for the time being, and the councillors, or assistants, Before by these presents nominated and appointed, shall take the said oaths, and make, repeat, and iubfcribe the said declaration before our said governor: and that every such person or persons as shall (at any time of the annual elections, or otherwise upon death or removal) be appointed to be the new councillors, or assistants, and all other ossicers to be hereafter chosen, from time to time, shall take the oaths to their respective offices and places belonging, and also the said oaths appointed by the said act of parliament to be taken instead of the oaths of allegiance and supremacy, and shall make, repeat, and subscribe the declaration mentioned in the said act, before the governor, or lieutenant governor, or any two or more councillors, or assistants, or such other person or persons as shall be appointed thereunto, by the governor for the time being; to whom we do, therefore, by these presents, give full power and authority, from time to time, to give and administer the same respectively, according to our true meaning herein before declared, without any commission or further warrant, to be had and obtained from us, our heirs and successors, in that behalf. And our will and pleasure is, and we do hereby require and command, That all and every person and persons hereafter by us, our heirs and successors, nominated and appointed to the respective ossices of governor, or Lieute- ^ nant or deputy governor, and secretary of our said province rei-ervesln^, or territory (which said governor, or lieutenant or deputy himself gover, and secretary of our said province or territory, for Pow« to the time being, we do hereby reserve full power and au- g^no/1'' thority to us, our heirs and successors, to nominate and ap- deputy gopoint accordingly] shall, before he or they be admitted to the execution of their respective ossices, take as well the oath secr,:tal> for the due and faithful performance of the said ossices respectively, as j&h the oaths appointed by the said act of par

1 ament,

liament, made in the said first year of our reign, to be taken instead of the said oaths of allegiance and supremacy, and shall also make, repeat and subscribe the declaration appointed by the said act, in such manner, and before such persons as aforesaid. And further, our will and pleasure is, and we do hereby, for us, our heirs and successors, grant, establish, Person^ and ordain, That all and every of the subjects of us, our bom in }ieirs anij sUCcestbrs, which mail go to, and inhabit within

New-Eng- r . . . . S p i • t -1 \

1^ to he our said province or territory, and every of their children the privile- which shall happen to be born there, or on the seas in going of£atQ- thither, or returning from thence, shall have and enjoy all of England! liberties and immunities of free and natural subjects within any of the dominions of us, our heirs and successors, to all intents, constructions, and purposes whatsoever, as if they and every of them were born within this our realm of England. And for the greater ease and encouragement of our loving subjects, inhabiting our said province or territory of the Massachusetts Bay, and of such as shall come to inhabit there, we do by these presents, for us, our heirs and succestibcrty of forSj grant, establish, and ordain, That, for ever hereafter, to"be grant-there be a liberty of conscience allowed in the worship ed to all of God to all Christians (except papists) inhabiting, or which Christians, shall inhabit, or be resident within our said province or terpUtsPt Pa" ritory. And we do hereby grant and ordain, that the governor, or lieutenant, or deputy governor of our said province or territory, for the time being, or either of them, or any two or more of the council, or assistants, for the time being, as shall be thereunto appointed by the said governor, shall and may, at all times, and from time to time hereafter, have full power and authority to administer and give the oaths appointed by the said act of parliament, made in the first year of our reign, to be taken instead of the oaths of allegiance and supremacy, to all and every person and persons which are now inhabiting, or residing within our said province or territory, or which shall at any time or times hereafThegeneral Qf ^s slither. And we do, of our further erace,

court has &. r , J ,./,°;

power to e-certain knowledge, and mere motion, grant, establish, and rect judica-ordain, for us, our heirs and successors, That the great and hear and de general court, or assembly, of our said province or territory, termine all sor the time being, convened as aforesaid, shall for ever have manner of full power and authority to erect and constitute judicatories, CjJTM"j. TM"t and courts of record, or other courts, to be held in the name capital; and of us, our heirs and successors, for the hearing, trying, pleas, whe- and determining of all and all manner of crimes, offences, ^rsonar' P^easj processes, plaints, actions, matters, causes, and things wixt. 'o' whatsoever, whatsoever, arising or happening within our said, province or territory, or between persons inhabiting or residing there, whether the same be criminal or civil, and whether the said crimes be capital or not capital, and whether the said pleas be real, personal or mixt- and for the awarding and making out of execution thereupon; to which courts, and judicatories, we do hereby, for us, our heirs and successors, give and grant full power and authority, from time to time, to administer oaths, for the better discovery of truth, in any matter of controversie, or depending before them. Arid we do, for us, our heirs and successors, grant estbalish, and ordain, That the governor of our said province or territory, for the time being, With the council, or assistants, may do, execute, . , or perform, all that is necessary for the probate of wills, and Willei granting of administrations, for, touching, or concerning any interest or estate, Which any person or persons shall have Within our said province or territory. And whereas we judge it necessary, that all Our subjects should have liberty to appeal to us, our heirs and successors, in cafes that may deserve the same, we do, by these presents, ordain, That in Appeals ta case either party shall not rest satisfied with the judgment or ^.he ^"Sin sentence of any judicatories, or courts within our said pro- nid actions" vince or territory, in any personal action, wherein the matter in difference doth exceed the value of three hundred pounds sterling, that then he or they may appeal to us, our heirs and successors, in our or their privy council: provided, that such appeal be made within fourteen days after the sentence or judgment given; and that before such appeal be allowed, security be given by the party or parties appealing, iri value of the matter in difference, to pay or answer the debt or damages, for the which judgment or sentence is given, with such costs and damages as shall be awarded by us, our heirs or successors, in case the judgment or sentence be affirmed. And provided also, That no execution shall be staid Execm;,,,, or suspended, by reason of such appeal unto us, our heirs and not to fc? successors, in our or their privy council, so as the party sta"i, suing or taking out execution, do in the like manner give security, to the value of the matter in difference, to make restitution, in case the said judgment or sentence be reversed or annulled upon the said appeal. And we do further, rhe general for us, our heirs and successors, give and grant to the said court has governor, and the great and general court or assembly of our ^eer ]ato said province or territory, for the time being, full power and noat ere^! authority, from time to time, to makej ordain, and establish nant to th«

C alllawS of

;i *" England.

all manner of wholesome and reasonable orders, laws, statutes, and ordinances, directions, and instructions, either with penalties or without (so as the same be not repugnant or contrary to the laws of this our realm of England) as they shall judge to be for the good and welsare of our said province or territory, and for the government and ordering thereof, and of the people inhabiting, or who shall inhabit the fame, and for the necessary support and desence of the government thereof. And we do for us, our heirs and successors, give and grant, that the said general court, or assembly, shall have full power and authority to name and T-o name settle annually, all civil ossicers within the said province, »nd settle fuch ossicers excepted, the election and constitution of whom •en, except, we have, by these presents, reserved to us, our heirs and suc&c cessors, or to the governor of our said province for the time being; and to set forth the several duties, powers, and limits of every such ossicer, to be appointed by the said general court or assembly; and the forms of such oaths, not repugnant to the laws and statutes of this our realm of England, as shall be respectively administred unto them for the execution of their several ossices and places; and also, to impose fines, mulcts, imprisonments, and other punishments; and to imPower to p0se an(j jeVy proportionable and reasonable assessments, eTonai/the rates, ar>d taxes, upon the estates and persons of all and inhabitants, every the proprietors or inhabitants of our said province or tobedispos-territory, to be issued and disposed of by warrant, under rant^from tne hand of tne governor of our said province, for the time the gover- being, with the advice and consent of the council, for our nor and service in the necessary desence and support of our governaccord/n to ment of our province or territory, and the protection such acts as and preservation of the inhabitants there, according to fuch shali then acts as are, or shall be in force within our said province; be in force. and tQ dispose Gf matters and things, whereby our subjects, inhabitants of our said province, may be religiously, peaceably, and civilly governed, protected, and desended, so as their good lise and orderly conversation may win the IridiThecomer.ans, natives of the country, to the knowledge and obediI°d'n* theence of t^e on^y true and Saviour of mankind, and

be "nde^the Christian saith, which his late Majesty, our royal grand*oured. sather, King Charles the First, in his said letters patents, declared was his royal intentions, and the adventurers free prosession, to be the principal end of the said plantation. And for the better securing and maintaining liberty of conscience, hereby granted to all persons, at any time, being ''and y

and residing within our said province or territory, as afcresaid, willing, commanding, and requiring, and by these presents, for us, our heirs and successors, ordaining and appointing, that all such orders, laws, statutes, and ordinan* ces, instructions and directions, as shall be so made and published under our seal of our said province or territory, shaJI be carefully and duly observed, kept, and performed, and put in execution, according to the true intent and meaning of these presents. Provided always, and we do by these presents, for us, our heirs and successors, establish and ordain, That in the framing and pasting of all such orders, laws, The goverstatutes, and ordinances, and in all elections and acts of go- nor t0 have vernment whatsoever, to be passed, made, or done by the said ^ general court, or assembly, or council, the governor of our 0t"the genesaid province or territory of the Massachusetts Bay, in New- "1 aslen*. England, for the time being, shall have the negative voice; &c' and that without his consent or approbation, signified and declared in writing, no such orders, laws, statutes, ordinances, elections, or other acts of government whatsoever, so to be made, palled, or done by the said general assembly,' or in council, mall be of any force, effect, or validity, any thing herein contained to the contrary, in any wise, notwithstanding. And we do, for us, our heirs and successors, establish and ordain, That the said orders, laws, statutes, taws to be and ordinances, be, by the first opportunity after the male- sent toEnge ing thereof, sent or transmitted unto us, our heirs and sue- land forth" cessors, under the publick seal, to be appointed by us, for bation.PPr8" our or their approbation or disallowance; and that in case all or any of them shall, at any time within the space of three years next after the same shall have been presented to us, our heirs and successors, in our or their privy council, be disallowed and rejected, and so signified by us,our heirs and successors, under our or their sign manuel and signet, or by order in our or their privy council, unto the governor for the time being, then such and so many of them as shall be so disallowed and rejected, shall thenceforth cease and determine, and become utterly void and of none effect. Provided always, that in case we, our heirs or successors, shall If not d;fa,. not, within the term of three years after the presenting of lowed wi»hsuch orders, laws, statutes, or ordinances, as aforesaid, sig- j" 3bJ""' nifie our or their disallowance of the same, then the said or- f°rceeun"i, ders, laws, statutes, or ordinances, shall be and continue repealed by in full force and effect, according to the true intent and jj" atemtneaning of the same, until the expiration thereof, or that y'

C z the

« PreviousContinue »