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ance and Supremacy, and shall make, repeat and sub-
scribe, the declaration mentioned in the said act, before
the Governor, or Lieutenant or Deputy-Governor, or The Gover-
any two of the affiftants, for the time being, who shall adjouin,
be thereunto authorised and appointed by our said Go-prodostory
vernor; and that the Governor, for the time being, the Assem-
thall have full power and authority from time to time, pleasure.
as he shall judge necessary, to adjourn, prorogue and
diffolve, all Great aud General Courts oi Assemblies,
met or convened as aforesaid.

And Our will and pleasure is, and We do hereby for the coun-
us, our heirs and fucceffors, grant, establish and ordain, to be chosen
that yearly, once in every year for ever hereafter, the annually
aforesaid number of eight and twenty Counsellors or Assembly.
Afiftants shall be by the GeneralCourtor Assembly newly
chosen; that is to say, eighteen at least of the inhabi-
tants or proprietors of lands within the territory for-
merly called the colony of the Massachusets Bay,
and four at the least of the inhabitants of, or pro-
prietors of lands, within the territory formerly called
New Plymouth, and three at the least of the inhabi-
tants of, or proprietors of lands within the territory for-
merly called the Province of Main, and one at ine least
of the inhabitants of, or proprietors of lands within,
the territory lying between the river Sagadahoc and
Nova-Scotia; and that the said Counsellors or Allitt-
ants, or any of them, fhall or may, at any time berc-
after, be removed and displaced, from their respective
places or trust of Counsellors or Assistants, by any
Greater General Court or Assembly; and that , if

any

of the said Counsellors or Assistants shall happen to die, or be removed as aforesaid, before the General day of election, that then, and in every such case, the Great and General Court or Assembly, at their first sitting,

may

nour and

officers of

may proceed to a new election of one or more Counsellors or Assistants, in the room or place of such Coun

fellors or Alistants so dying or removed. The Gover.

And We do further grant and ordain, that it shall Council are and may be lawful for the said Governour, with the the judges, advice and consent of the Council or Aliftants, from and other

time to time, to nominate and appoint Judges, Comjustice. millioners of Over and Terminer, Sheriffs, Provofts-Mar

shals, Justices of the Peace, and other officers to our Council and Courts of Justice belonging: provided always that no such nomination or appointment of officers be made without notice first given, or summons issued out, seven days before such nomination or appointment, unto such of the said Counsellors, or Afiftants, as Mall be at that time residing within our said province.

And Our will and pleasure is, that the Governour, Oaths to be taken by the and Lieutenant, or Deputy, Governour, and Counsellors, Governour

or Alfistants, for the time being, and all other officers officers.

to be appointed or chosen as aforesaid, shall, before the undertaking of the execution of their offices and places respectively, take their several and respective oaths for the due and faithful performance of their duties in their several and respective ofices and places; as also the oaths' appointed by the said act of parliament, made in first year of our reign, to be taken instead of the oaths of allegiance and supremacy; and shall make, repeat, and subscribe, the declaralion mentioned in the said act, before such person or persons as are by these presents herein after appointed; (that is to say) the Governour of our faid province, or territory, for thc time being, shall take the faid oaths, and make, repeat, and subfcribe, the said declaration, before the Lieutenant, or Deputy, Governour, or, in his absence, before any two

and the

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or more of the said persons hereby nominated and appointed the present Counsellors, or Ali tanis, 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 Governour accordingly; and, after our said Governour shall be sworn, and shall have subscribed the faid declaration, that then our Lieutenant, or Deputy, Governour, for the time being, and the Counsellors, or Assistants, before by these presents nominated and appointed, shall take the faid vaths, and make, repeat, and subscribe the faid declaration beforeourlaid Governour; and that every such perfon, or persons, as shall (at the time of the annual elections, or otherwise upon death or removal) be appointed to be the new Counsellors or Afiliants, and all other Officers 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 subfcribe the declaration mentioned in the faid act, before the Governour,or Lieutenant-Governour, or any two, or more, Counsellors, or Assistants, or such other person, or persons, as shall be appointed thereunto by the Governour 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 bad and obtained from us, our heirs, and fucceffors, in that bebalf.

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 succeffors, nomi

I

nated,

Governours

dren of the

All future nated and appointed to the respective offices of Governour, and Lieute- or Lieutenant,or Deputy, Governour, and Secretary,ofour nours, and said province orterritory, (which said Governour, or LieuSecretaries, tenant, or Deputy, Governour, and Secretary, of our said of the province, shall province or territory, for the time being, We do here. same oaths by reserve full power and authority to us, our heirs, and

successors, to nominate and appoint accordingly,) shall, before he or they be admitted to the execution of their offices, take as well the oaths for the due and faithful performance of the said offices refpectively, as also the oaths appointed by the said act of parliament, made in the said first year of our reign, to be taken instead of the said oaths of allegiance and supremacy; and fhall allomake, repeat, and subscribe the declaration appointed by the said act, in such manner, and before such

persons, as aforesaid. The child And further, our will and pleasure is, and we do king's sub- hereby for us, our heirs, and successors, grant, establish, jecis that

and ordain, that all and every of the subjects of us, shall be born in the our heirs, and fucceffors, which shall go to, and inhavince shall bit within, our said province and territory, and every have the same rights

of their children, which shall happen to be born there, and privi

or on the feas in going thither, or returning from leges as if they had thence, shall have and enjoy all liberties and immuni. been born in England. ties of free and natural subjects within any of the do

minions of us, our heirs, and succesfors, 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 subjects inhabiting our said province, or territory, of the Massachusets-bay, and of such as shall come to inhabit there, we do, hy these presents, for us, our heirs, and successors, grant, establish, and ordain, that for ever

hereafter,

pists.

hereafter, there shall be a liberty of conscience allowed Liberty of

consciencein the worship of God to all Christians (except papists) in the worinhabiting, or which shall inhabit or be resident, within

ship of God

for aliChrisour faid province, or territory. And we do hereby tians in the grant and ordain, that the Governour, or Lieutenant, or except PaDeputy, Governour, of our faid province, or territory, for the time being, or either of them, or any two, or more, of the Council, or Aliftants, for the time being, that shall be thereuntoappointed by the faid Gorcrnour, 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 hereafter go or pass thither.

And we do, of our further grace, certain knowledge, The Geneand mere motion, grant, establish, and ordain, for us, ral Assem

bly may our heirs and fucceffors, that the Great and General erect Courts

of Justice. Court, or Assembly, of our faid province, or territory, for the time being, convened as aforesaid, shall for ever have full power and authority to erect and constitute Judicatories, and Courts of Record, or other Courts, to be held in the name of us, our heirs, and successors, for the hearing, trying, and determining of all and all manner of crimes, offences, pleas, processes, plaints, actions, matters, causes, and things whatsoever, arising or happening within our faid province, or territory, or between persons inhabiting or residing there, whether the fame 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

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