Page images
PDF
EPUB

or persons, as are by these presents herein after appointed ; that is to say, 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 faid persons hereby nominated and appointed, the present councillors, or asistants, of our said province or territory, to whom we do, by these presents, give full pow. er and authority to give and administer the fame to our said governor accordingly. And after our faid governor shall be Tworn, 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 faid oaths, and make, repeat, and subscribe the said declaration before our faid 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 councilfors, or assistants, and all other officers to be hereafter chosen, from time to time, shall take the oaths to their respective of fices and places belonging, and also the said oaths appointed by the faid act of parliament to be taken instead of the oaths of allegiance and supremacy, and shall make, repeat, and fubscribe the declaration mentioned in the said act, before the governor, or lieutenant governor, or any two or more councillors, or assistants, or luch 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 pow. er 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 fucceffors, 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 offices of governor, or lieutenant or deputy governor, and fecretary of our faid province re or territory (which faid governor, or lieutenant or deputy himself gover, and secretary of our faid province or territory, for power to the time being, we do hereby reserve full power and au.?

We governor, thority to us, our heirs and fucceffors, to nominate and ap- deputy go. point accordingly, shall, before he or they be admitted to vernur, and the execution of their respective offices, take as well the oath tecretary. for the due and faithful performance of the said offices refpectively, as alla the oaths appointed by the said act of par

I ament,

The Ring

sto

t the landt

liament, made in the said first year of our reign, to be taken instead of the faid 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, Persons and ordain, That all and every of the subjects of us, our born in heirs and successors, which shall go to, and inhabit within New-Eng

to have our faid province or territory, and every of their children the privile- which shall happen to be born there, or on the seas in going ges of natu- thither, or returning from thence, shall have and enjoy all ral subjects: of England. "be

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 succesLiberty of fors, grant, establish, and ordain, That, for ever hereafter, conscience to be grant

cer there Thall 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 ter

'2- ritory. And we do hereby grant and ordain, that the gover

nor, 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 thall 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 faid pro

vince or territory, or which shall at any time or times hereafThe general

a ter go or pass 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 successors, That the great and tories, to

general court, or assembly, of our faid province or territory, termine all for the time being, convened as aforesaid, shall for ever have manner of full power and authority to erect and constitute judicatories,

ca: and courts of record, or other courts, to be held in the name pital or not Capital; and of us, our heirs and successors, for the hearing, trying, pleas, whe- and determining of all and all manner of crimes, offences, ther real ni

o pleas, processes, plaints, actions, matters, causes, and things mixt.

whatsoever,

pists.

errits 'thither and mere fucceffaria pro

couri

has

hear and

crin

whatsoever, arising or happening within our faid province or territory, or between persons inhabiting or residing there, whether the same bę 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 judicato, ries, we do hereby, for us, our heirs and successors, give and grant full power and authority, from time to time, to admi. nister oathis, for the better discovery of truth, in any matter of controversie, or depending before them. And we do, for us, our heirs and successors, grant eftbalish, 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 Wills. 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 cases that may deserve the same, we do, by these presents, ordain, That in Appeals to case either party shall not rest satisfied with the judgment or the King in sentence of any judicatories, or courts within our faid pro

me some persovince or territory, in any personal action, wherein the mat- i qi; ter 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 fentence or judgment given; and that before such appeal be allowed, security 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 sentence is given; with such costs and damages as shall be awarded by us, our heirs or succesfors, in case the judgment or sentence be affirmed. And provided also, That no execution shall be staid Execution or suspended, by reason of such appeal unto us, our heirs and not to be fucceffors, in our or their privy council, so as the party staid. fuing 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 reverfed or annulled upon the said appeal. And we do further, The general for us, our heirs and successors, give and grant to the faid court has governor, and the great and general court or assembly of our power said province or territory, for the time being, full power and not repue

make lawss authority, from time to time, to make ordain, and establish nant to the

England,

all laws of

civil

[ocr errors]

all manner of wholesome and reasonable orders, laws, itatutes, 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 welfare of our faid province or territory, and for the government and ordering thereof, and of the people inhabiting, or who shall inhabit the same, and for the necessary support and defence of the government thereof. And we do for us, our heirs and suce ceflors, give and grant, that the said general court, or as

fembly, Ihall have full power and authority to name and To name settle amually, all civil officers within the said province, and settle fuch officers excepted, the election and constitution of whom Gers, except,

t. we have, by these presents, reserved to us, our heirs and fuc&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 officer, to be appointed by the said general court or assembly; and the forms of such oaths, not repug. nant to the laws and statutes of this our realm of England, as shall be respectively administred unto them for the execution of their several offices and places; and also, to impose fines,

mulets, imprisonments, and other punishments; and to imPower to pose and levy proportionable and reasonable assessments, impose taxes on all the rates, and taxes, upon the estates and persons of all and inhabitants, every the proprietors or inhabitants of our said province or to be dispos- territory, to be issued and disposed of by warrant, under ed by war

the hand of the governor of our faid province, for the time ranc from the gover. being, with the advice and consent of the council, for our nor and service in the necessary defence and support of our govern

on ment of our faid province or territory, and the protection according to ma fuch acts as and preservation of the inhabitants there, according to such fhall then acts as are, or shall be in force within our faid province; in force, and to dispose of matters and things, whereby our subjects,

inhabitants of our said province, may be religiously, peace. ably, and civilly governed, protected, and defended, so as

their good life and orderly conversation may win the India The conver. ans, natives of the country, to the knowledge and obedition of the ence of the only true God and Saviour of mankind, and

to the Christian faith, which his late Majesty, our royal grandpoured. father, King Charles the First, in his faid letters patents, I declared was his royal intentions, and the adventurers free

profeflion, 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

be in

Indiam be end

and residing within our faid province or territory, as aforesaid, willing, commanding, and requiring, and by these presents, for us, our heirs and successors, ordaining and appointing, that all such orders, laws, statutes, and ordinances, instructions and directions, as shall be so made and published under our seal of our said province or territory, shall 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 passing of all such orders, laws, The goverstatutes, and ordinances, and in all elections and acts of go- nor to have vernment whatsoever, to be passed, made, or done by the faid a negative

nu an the acts general court, or assembly, or council, the governor of our of the gene: said province or territory of the Massachusetts Bay, in New- ral affem, England, for the time being, shall have the negative voice; bly, &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, passed, or done by the said general assembly, or in council, shall 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, Laws to be and ordinances, be, by the first opportunity after the mak- sent to Enge ing thereof, fent or transmitted unto us, our heirs and suc- land for the

royal approa cessors, under the publick seal, to be appointed by us, for bation. 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 qur 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. Provid. ed always, that in case we, our heirs or successors, shall If not difala not, within the term of three years after the presenting of lowed withsuch orders, laws, statutes, or ordinances, as aforesaid, fig. in 3 Years,

S to be in nifie our or their disallowance of the same, then the said orders, laws, statutes, or ordinances, shall be and continue repealed by in full force and effect, according to the true intent and the affemmeaning of the same, until the expiration thereof, or that bly.,..

C 2

until

the

« PreviousContinue »