nors council

to confift of

ants.

The names

affif

but that the fame ftand and remain of force, and be maintained and adjudged, and have effect in fuch manner as the fame fhould or ought, before the time of the faid recited judgment, according to the laws and rules then and there ufually practifed and allowed. And we do further, for us, our heirs The gover- and fucceffors, will, establish, and ordain, That from henceforth for ever, there fhall be one governor, one lieutenant or 28 affitt- deputy-governor, and one fecretary of our faid province or territory, to be, from time to time, appointed and commiffionated by us, our heirs and fucceffors, and eight-and-twenty affiftants or councillors, to be advifing and affifting to the governor of our faid province or territory, for the time being, as by these prefents is hereafter directed and appointed; which faid councillors, or affiftants, are to be conftituted, elected, and chofen in fuch form and manner as hereafter in these prefents is exprefied. And for the better execution of our royal pleasure and grant in this behalf, we do, by these presents, for us, our heirs and fucceffors, nominate, ordain, make, and conftitute, our trufty and well-beloved Simon Broadstreet, of the John Richards, Nathaniel Saltenftall, Wait Winthrop, John tants. Phillips, James Ruffel, Samuel Sewall, Samuel Appleton, Bartholomew Gedney, John Hathorn, Elifhah Hutchinson, Robert Pike, Jonathan Corwin, John Jolliffe, Adam Winthrop, Richard Middlecot, John Forster, Peter Serjeant, Jofeph Lynd, Samuel Heyman, Stephen Mafon, Thomas Hinkley, William Bradford, John Walley, Barnabas Lothrop, Job Alcot, Samuel Daniel, and Sylvanus Davis, Efqrs. the firft and prefent councillors or affiftants of our faid province, to continue in their faid refpective offices of trufts, of councillors or affiftants, until the laft Wednesday in May, which fhall be in the year of our Lord one thoufand, fix hundred, ninety-three, and until other councillors or affiftants fhall be chofen and appointed in their ftead, in fuch manner as in these presents is expreffed. And we do further, by these prefents, conftitute and appoint our trufty and well-beloved Ifaac Addington, Efq; to be our firft and present secretary of our faid province, during our pleafure. And our will and The gover- pleasure is, That the governor of our faid province, for nor with 7 the time being, fhall have authority from time to time, at his difcretion, to aflemble and call together the councillors, or affiftants, of our faid province, for the time being; and that the faid governor, with the faid affiftants, or councillors, or feven of them at the leaft, fhall and may, from time to time, hold and keep a council for the ordering and directing the affairs of our faid province. And further, we will, and

To conti

nue until May, 1693, and until

others are

chofen by

the affem

bly.

affiftants to

be a coun

cil.

by

by these prefents, for us, our heirs and fucceffors, do ordain

and

May, or oft

be chofen

grant, That there fhall and may be convened, held, and A general kept by the governor, for the time being, upon every laft court or af fembly to Wednesday in the month of May, every year for ever, and be held the at all fuch other times as the governour of our faid province laft Wedshall think fit and appoint, a great and general court or af- nefday in fembly; which faid great and general court or aflembly fhall ner, every confift of the governor and council, or affiftants, for the time year. being, and of fuch freeholders of our faid province or territory, as fhall 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 shall be prefent at fuch elections; each of the faid towns and places being hereby impowered to elect and depute two perfons, and no more, to Two affemferve for, and reprefent them refpectively in the faid great bly men to and general court, or affembly. To which great or gene- by the freeral court, or affembly, to be held, as aforefaid, we do holders in hereby, for us, our heirs and fucceffors, give and grant full every town. power and authority, from time to time, to direct, appoint, and declare what numbear each county, town, and place fhall elect and depute to ferve for, and represent them refpectively in the faid great and general court or affembly. Provided always, that no freeholder, or other perfon, fhall have a vote in the election of members to serve in any great and general court, or affembly, to be held as aforesaid, who, at the time of fuch election, shall not have an estate of freehold, in land, within our faid province or territory, to the value of forty fhillings per annum, at the leaft, or other eftate to the value of fifty pounds fterling; and that every perfon who shall be fo elected, fhall, before he fit or act in the faid great and general court or affembly, take the oaths mentioned in an act of parliament, made in the first year of our reign, intituled, An act for abrogating of the oaths of allegiance and fupremacy, and appointing other oaths, and thereby appointed to be taken instead of the oaths of allegiance and fupremacy; and fhall make, repeat, and fubfcribe the declaration mentioned in the faid act, before the governor, or lieutenant, or deputy governor, or any two of the affiftants for the time being, who fhall be thereunto authorised and appointed by our faid governor and that the governor, The gover for the time being, fhall have full power and authority, nor has from time to time, as he fhall judge neceffary, to adjourn, power to adjourn,prom prorogue, and diffolve all great and general courts, or affemblies, met or convened, as aforefaid. And our will and diffolve the pleafure is, and we do hereby, for us, our heirs and fuccef- affembly.

fors,

rogue, and

1

or proprie

in New

fors, grant, establish, and ordain, That yearly, once in every year, for ever hereafter, the aforefaid number of eightand-twenty councillors, or affiftants, fhall be by the general court or affembly, newly chofen; that is to fay, eighteen at least of the inhabitants of, or proprietors of lands, within The gover- the territory formerly called the colony of the Maffachusetts nor's coun- Bay, and four at least of the inhabitants of, or proprietors of cillors to be lands within the territory formerly called New-Plymouth, and inhabitants three at the least of the inhabitants of, or proprietors of land tors of land within the territory formerly called the province of Main, and one at the leaft of the inhabitants of, or proprietors of England. land within the territory lying between the river of Sagadahock and Nova Scotia and that the faid councillors, or affiftants, or any of them, fhall or may, at any time hereafter, be removed and difplaced from their respective places or truft of councillors or affiftants, by any great or general court or affembly; and that if any of the faid councillors, 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 firft fitting, may proced to a new election of one or more councillors, or affiftants, in the room or place of fuch councillors, or affiftants, fo dying or removed. And we do further grant and ordain, That it fhall and may be lawful for Judges, fheriffs, jufti- the faid governor, with the advice and confent of the counces, &c. to cil, or affiftants, from time to time, to nominate and apbe appointed point judges, commiffioners of oyer and terminer, fheriffs, confent of provoits, marshals, juftices of the peace, and other officers, the gover- to our council and courts of juftice belonging. Provided nor's coun- alway, That no fuch nomination or appointment of officers çil.

with the

are to be taken.

be made without notice first given, or fummons issued out feven days before fuch nomination or appointment, unto fuch of the faid councillors, or affiftants, as fhall be at that time refiding within our faid province. And our will and What oaths pleasure is, That the governor, and lieutenant or deputy governor, and councillors, or affiftants, for the time being, and all other officers to be appointed or chofen, as aforefaid, shall, before the undertaking the execution of their offices and places respectively, take their feveral and refpective oaths for the due and faithful performance of their duties in their feveral and respective offices and places; as alfo, the oaths appointed by the faid act of parliament, made in the first year of our reign, to be taken inftead of the oaths of allegiance and fupremacy, and fhall make, repeat, and subscribe the declaration mentioned in the faid act, before fuch person

or

or persons, as are by these prefents herein after appointed; that is to fay, The governor of our faid province or territory, for the time being, fhall take the faid oaths, and make, repeat, and fubfcribe the declaration before the lieutenant, or deputy governor, or, in his abfence, before any two or more of the faid perfons hereby nominated and appointed, the present councillors, or affiftants of our faid province or territory, to whom we do, by these prefents, give full power and authority to give and adminifter the fame to our faid governor accordingly. And after our faid governor fhall be fworn, and shall have fubfcribed the faid declaration, that then our lieutenant, or deputy governor for the time being, and the councillors, or affiftants, before by thefe prefents nominated and appointed, fhall take the faid oaths, and make, repeat, and fubfcribe the faid declaration before our faid governor and that every fuch perfon or perfons as fhall (at any time of the annual elections, or otherwise upon death or removal) be appointed to be the new councillor, or affiftants, and all other officers to be hereafter chosen, from time to time, fhall take the oaths to their respective offices and places belonging, and alfo the faid oaths appointed by the said act of parliament to be taken inftead of the oaths of allegiance and fupremacy, and fhall make, repeat, and subscribe the declaration mentioned in the said act, before the governor, or lieutenant governor, or any two or more councillors, or affiftants, or fuch other perfon or perfons as fhall be appointed thereunto, by the governor for the time being; to whom we do, therefore, by thefe prefents, give full power and authority, from time to time, to give and adminifter the fame respectively, according to our true meaning herein before declared, without any commiffion or further warrant, to be had and obtained from us, our heirs and fucceffors, in that behalf. And our will and pleasure is, and we do hereby require and command, That all and every perfon and perfons hereafter by us, our heirs and fucceffors, nominated and appointed to the respective offices of governor, or lieute- The king nant or deputy governor, and fecretary of our faid province referves to or territory (which faid governor, or lieutenant or deputy governor, and fecretary of our faid province or territory, for appoint the the time being, we do hereby referve full power and au- governor, thority to us, our heirs and fucceflors, to nominate and appoint accordingly) fhall, before he or they be admitted to fecretary. the execution of their refpective offices, take as well the oath for the due and faithful performance of the faid offices refpectively, as also the oaths appointed by the faid act of par

liament,

himself

power to

deputy go

vernor, and

Perfons

born in

land to have

Liberty of

confcience

to be grant

any

<

liament, made in the faid first year of our reign, to be taken inftead of the faid oaths of allegiance and fupremacy, and fhall alfo make, repeat and fubfcribe the declaration appointed by the faid act, in fuch manner, and before such persons as aforefaid. And further, our will and pleasure is, and we do hereby, for us, our heirs and fucceffors, grant, establish, and ordain, That all and every of the fubjects of us, our heirs and fucceffors, which fhall go to, and inhabit within New-Eng our faid province or territory, and every of their children the privile- which fhall happen to be born there, or on the feas in going ges of natu- thither, or returning from thence, fhall have and enjoy all ral iubjects liberties and immunities of free and natural fubjects within of England. of the dominions of us, our heirs and fucceffors, to all intents, conftructions, and purposes whatsoever, as if they and every of them were born within this our realm of England. And for the greater eafe and encouragement of our loving fubjects, inhabiting our faid province or territory of the Maffachusetts Bay, and of fuch as fhall come to inhabit there, we do by these presents, for us, our heirs and fucceffors, grant, effablifh, and ordain, That, for ever hereafter, there fhall be a liberty of confcience allowed in the worship of God to all Chriftians (except papifts) inhabiting, or which fhall inhabit, or be refident within our faid province or territory. But we do hereby grant and ordain, that the governor, or lieutenant, or deputy governor of our faid province or territory, for the time being, or either of them, or any two or more of the council or affiftants, for the time being, as fhall be thereunto appointed by the faid governor, fhall and may, at all times, and from time to time hereafter, have full power and authority to adminifter and give the oaths appointed by the faid act of parliament, made in the first year of our reign, to be taken inftead of the oaths of allegiance and fupremacy, to all and every person and perfons which are now inhabiting, or refiding within our faid proThe general vince or territory, or which fhall at any time or times herecourt has after go or pafs thither. And we do, of our further grace, erect judica- certain knowledge, and mere motion, grant, eftablifh, and to ordain, for us, our heirs and fucceffors, That the great and termine all general court, or affembly, of our faid province or territory, manner of for the time being, convened as aforefaid, fhall for ever have crimes, ca- full power and authority to erect and conftitute judicatories, pital or not and courts of record, or other courts, to be held in the name capital; and pleas, whe- of us, our heirs and fucceflors, for the hearing, trying, ther real, and determining of all and all manner of crimes, offences, perfonal, or pleas, proceffes, plaints, actions, matters, caufes, and things

ed to all chriftians, except pa

pifts.

power to

hear and de

mixt.

whatfoever, 3