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or perfons, as are by these presents 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 prefent councillors, or affiftants, of our faid province or territory, to whom we do, by thefe prefents, give full pow er and authority to give and adminifter the fame to our faid governor accordingly. And after our faid governor shall be fworn, and fhall have fubfcribed the faid declaration, that then our lieutenant, or deputy governor for the time being, and the councillors, or affiftants, before by these 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 persons as fhall (at any time of the annual elections, or otherwise upon death or removal) be appointed to be the new councillors, or affiftants, and all other officers to be hereafter chofen, from time to time, fhall take the oaths to their respective offices and places belonging, and alfo the faid oaths appointed by the faid act of parliament to be taken inftead 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 governor, or any two or more councillors, or affiftants, or fuch other perfon or persons 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 refpectively, 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 person and perfons hereafter by us, our heirs and fucceffors, nominated and appointed to the refpective offices of governor, or lieutenant or deputy governor, and fecretary of our faid province referves to or territory (which faid governor, or lieutenant or deputy himself gover, and fecretary of our faid province or territory, for power the time being, we do hereby reserve full power and au- governor, thority to us, our heirs and fucceffors, to nominate and ap- deputy gopoint accordingly) fhall, before he or they be admitted to vernor, and fecretary. the execution of their respective offices, take as well the oath for the due and faithful performance of the faid offices refpectively, as all the oaths appointed by the faid act of par

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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 subscribe the declaration appointed by the faid act, in fuch manner, and before fuch perfons 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 land to have our faid province or territory, and every of their children the privile- which shall 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 fubjects liberties and immunities of free and natural fubjects within any of the dominions of us, our heirs and fucceffors, 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 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 prefents, for us, our heirs and fuccefLiberty of fors, grant, establish, and ordain, That, for ever hereafter, confcience there fhall be a liberty of conscience allowed in the worship ed to all of God to all Chriftians (except papifts) inhabiting, or which Chriftians, fhall inhabit, or be refident within our faid province or terexcept Paritory. And we do hereby grant and ordain, that the goverpists. nor, 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 firft year of our reign, to be taken instead of the oaths of allegiance and supremacy, to all and every perfon and persons which are now inhabiting, or refiding within our faid province or territory, or which fhall at any time or times hereafThe general ter go or pafs thither. And we do, of our further grace, power to e- certain knowledge, and mere motion, grant, establish, and rect judica- ordain, for us, our heirs and fucceffors, That the great and hear and de- general court, or affembly, of our faid province or territory, termine all for the time being, convened as aforefaid, fhall for ever have manner of full power and authority to erect and conftitute judicatories, crimes, ca- and courts of record, or other courts, to be held in the name pital or not al; and of us, our heirs and fucceffors, for the hearing, trying, pleas, whe- and determining of all and all manner of crimes, offences, ther real pleas, proceffes, plaints, actions, matters, caufes, and things

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whatsoever, arifing or happening within our faid province or territory, or between perfons inhabiting or refiding there, whether the fame be criminal or civil, and whether the faid crimes be capital or not capital, and whether the faid pleas be real, perfonal 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 fucceffors, give and grant full power and authority, from time to time, to admi nifter oaths, for the better difcovery of truth, in any matter of controverfie, or depending before them. And we do, for us, our heirs and fucceffors, grant eftbalish, and ordain, That the governor of our faid province or territory, for the time being, with the council, or affiftants, may do, execute, or perform, all that is neceffary for the probate of wills, and Wills. granting of administrations, for, touching, or concerning any intereft or estate, which any perfon or perfons fhall have within our faid province or territory. And whereas we judge it neceffary, that all our subjects fhould have liberty to appeal to us, our heirs and fucceffors, in cafes that may deferve the fame, we do, by these prefents, ordain, That in Appeals to cafe either party shall not reft fatisfied with the judgment or the King in fentence of any judicatories, or courts within our faid pro- nal actions. fome perfovince or territory, in any perfonal 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 fucceffors, in our or their privy council: provided, that such appeal be made within fourteen days after the fentence or judgment given; and that before fuch appeal be allowed, fecurity be given by the party or parties appealing, in value of the matter in difference, to pay or answer the debt or damages, for the which judgment or fentence is given, with fuch cofts and damages as fhall be awarded by us, our heirs or fucceffors, in cafe the judgment or fentence be affirmed. And provided alfo, That no execution shall be ftaid Execution or fufpended, by reason of fuch appeal unto us, our heirs and not to be fucceffors, in our or their privy council, fo as the party ftaid. fuing or taking out execution, do in the like manner give fecurity, to the value of the matter in difference, to make reftitution, in cafe the faid judgment or fentence be reverfed or annulled upon the faid appeal. And we do further, The general for us, our heirs and fucceffors, give and grant to the faid court has governor, and the great and general court or affembly of our power make laws, faid province or territory, for the time being, full power and not repugauthority, from time to time, to make, ordain, and establish nant to the C

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all manner of wholesome and reasonable orders, laws, ftatutes, and ordinances, directions, and inftructions, either with penalties or without (fo as the fame be not repugnant or contrary to the laws of this our realm of England) as they fhall judge to be for the good and welfare of our faid province or territory, and for the government and ordering thereof, and of the people inhabiting, or who fhall inhabit the fame, and for the neceffary fupport and defence of the government thereof. And we do for us, our heirs and fucceffors, give and grant, that the faid general court, or affembly, fhall have full power and authority to name and fettle annually, all civil officers within the faid province, and fettle fuch officers excepted, the election and conftitution of whom civil offi- we have, by thefe prefents, referved to us, our heirs and fuc&c. ceffors, or to the governor of our faid province for the time being; and to fet forth the several duties, powers, and limits of every fuch officer, to be appointed by the faid general court or affembly; and the forms of fuch oaths, not repugnant to the laws and ftatutes of this our realm of England, as fhall be refpectively adminiftred unto them for the execution of their feveral offices and places; and alfo, to impose fines, mulets, imprisonments, and other punishments; and to imPower to pofe and levy proportionable and reafonable affeffments, es on all the rates, and taxes, upon the eftates and perfons of all and inhabitants, every the proprietors or inhabitants of our faid province or to be difpof- territory, to be iffued and difpofed of by warrant, under ed by war- the hand of the governor of our faid province, for the time the gover- being, with the advice and confent of the council, for our nor and fervice in the neceffary defence and fupport of our governcouncil, or ment of our faid province or territory, and the protection fuch acts as and prefervation of the inhabitants there, according to fuch fhall then acts as are, or fhall be in force within our faid province; be in force. and to difpofe of matters and things, whereby our subjects, inhabitants of our faid province, may be religiously, peaceably, and civilly governed, protected, and defended, fo as their good life and orderly conversation may win the IndiThe converans, natives of the country, to the knowledge and obedition of the ence of the only true God and Saviour of mankind, and the Christian faith, which his late Majefty, our royal grandfather, King Charles the Firft, in his faid letters patents, declared was his royal intentions, and the adventurers free. profeffion, to be the principal end of the faid plantation. And for the better fecuring and maintaining liberty of conscience, hereby granted to all perfons, at any time, being

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and refiding within our faid province or territory, as aforefaid, willing, commanding, and requiring, and by these prefents, for us, our heirs and fucceffors, ordaining and appointing, that all fuch orders, laws, ftatutes, and ordinan ces, inftructions and directions, as fhall be fo made and publifhed under our feal of our faid province or territory, fhall be carefully and duly obferved, kept, and performed, and put in execution, according to the true intent and meaning of these presents. Provided always, and we do by thefe prefents, for us, our heirs and fucceffors, establish and ordain, That in the framing and paffing of all fuch orders, laws, The goverftatutes, and ordinances, and in all elections and acts of go- nor to have vernment whatsoever, to be paffed, made, or done by the faid a negative general court, or affembly, or council, the governor of our of the genefaid province or territory of the Maffachusetts Bay, in New- ral affem England, for the time being, fhall have the negative voice; bly, &c. and that without his confent or approbation, fignified and declared in writing, no fuch orders, laws, ftatutes, ordinances, elections, or other acts of government whatsoever, fo to be made, paffed, or done by the faid general affembly, or in council, fhall be of any force, effect, or validity, any thing herein contained to the contrary, in any wife, notwithftanding. And we do, for us, our heirs and fucceffors, establish and ordain, That the faid orders, laws, ftatutes, Laws to be and ordinances, be, by the firft opportunity after the mak- fent to Enge ing thereof, fent or tranfmitted unto us, our heirs and fuc- land for throyal approceffors, under the publick feal, to be appointed by us, for bation. our or their approbation or difallowance; and that in cafe all or any of them fhall, at any time within the space of three years next after the fame shall have been prefented to us, our heirs and fucceffors, in our or their privy council, be difallowed and rejected, and fo fignified by us, our heirs and fucceffors, under our or their fign manuel and fignet, or by order in our or their privy council, unto the governor for the time being, then fuch and fo many of them as shall be fo difallowed and rejected, fhall thenceforth ceafe and determine, and become utterly void and of none effect. Provided always, that in cafe we, our heirs or fucceffors, fhall If not difalnot, within the term of three years after the prefenting of lowed withfuch orders, laws, ftatutes, or ordinances, as aforefaid, fig- in 3 Years, nifie our or their difallowance of the fame, then the faid or- force until ders, laws, ftatutes, or ordinances, fhall be and continue repealed by in full force and effect, according to the true intent and the affembly. meaning of the fame, until the expiration thereof, or that the

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