nor may

or dissolve,

ance and Supremacy, and fhall make, repeat and fubfcribe, the declaration mentioned in the faid act, before the Governor, or Lieutenant or Deputy-Governor, or The Gover any two of the affiftants, for the time being, who shall adjourn, be thereunto authorised and appointed by our faid Go-prorogue, vernor; and that the Governor, for the time being, the Assem fhall have full power and authority from time to time, pleasure. as he fhall judge neceffary, to adjourn, prorogue and diffolve, all Great aud General Courts of Affemblies, met or convened as aforefaid.

blies at his

sellors are

by the

And Our will and pleasure is, and We do hereby for The counus, our heirs and fucceffors, grant, establish and ordain, to be chosen that yearly, once in every year for ever hereafter, the annually aforefaid number of eight and twenty Counsellors or Assembly. Affiftants fhall be by the General Court or Affembly newly chofen; that is to fay, eighteen at least of the inhabitants or proprietors of lands within the territory formerly called the colony of the Maffachufets Bay, and four at the least of the inhabitants of, or proprietors of lands, within the territory formerly called New Plymouth, and three at the leaft of the inhabitants of, or proprietors of lands within the territory formerly called the Province of Main, and one at the least of the inhabitants of, or proprietors of lands within, the territory lying between the river Sagadahoc and Nova-Scotia; and that the faid Counsellors or Affittants, or any of them, fhall or may, at any time herc after, be removed and difplaced, from their respective places or truft of Counsellors or Affiftants, by any Greater General Court or Affembly; and that, if any of the faid Counsellors 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

The Gover nour and

the judges,

and other officers of justice.

may proceed to a new election of one or more Counfellors or Affiftants, in the room or place of fuch Counfellors or Affiftants fo dying or removed.

And We do further grant and ordain, that it shall Council are and may be lawful for the faid Governour, with the to appoint advice and confent of the Council or Affiftants, from time to time, to nominate and appoint Judges, Commiflioners of Oyer and Terminer, Sheriffs, Provofts-Mar fhals, Juftices of the Peace, and other officers to our Council and Courts of Juftice belonging: provided always that no fuch nomination or appointment of officers be made without notice first given, or fummons iffued out, feven days before fuch nomination or appointment, unto fuch of the said Counsellors, or Affiftants, as shall be at that time refiding within our faid province.

Oaths to be

Governour

and the officers.

And Our will and pleafure is, that the Governour, taken by the and Lieutenant, or Deputy, Governour, and Counsellors, or Affiftants, for the time being, and all other officers to be appointed or chofen as aforefaid, fhall, before the undertaking of the execution of their offices and places refpectively, take their feveral and refpective oaths for the due and faithful performance of their duties in their feveral and refpective offices and places; as alfo the oaths appointed by the faid act of parliament, made in first year of our reign, 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 fuch perfon or persons as are by these prefents herein after appointed; (that is to fay) the Governour of our faid province, or territory, for the time being, fhall take the faid oaths, and make, repeat, and fubfcribe, the faid declaration, before the Lieutenant, or Deputy, Governour, or, in his abfence, before any two

or

or more of the faid perfons hereby nominated and appointed the present Counsellors, or Affiftants, of our faid province or territory, to whom We do, by thefe prefents, give full power and authority to give and adminifter the fame to our faid Governour accordingly; and, after our faid Governour fhall be fworn, and shall have fubfcribed the faid declaration, that then our Lieutenant, or Deputy, Governour, for the time being, and the Counsellors, or Affiftants, before by thefe prefents nominated and appointed, fhall take the faid oaths, and make, repeat, and fubfcribe the faid declaration beforeourfaid Governour; and that every fuch perfon, or perfons, as fhall (at the time of the annual elections, or otherwife upon death or removal) be appointed to be the new Counsellors or Affiliants, and all other Officers to be hereafter chofen from time to time, fhall take the oaths, to their refpective offices and places belonging, and also the faid oaths appointed by the said act of parliament to be taken instead of the oaths of allegiance and fupremacy; and shall make, repeat, and fubfcribe the declaration mentioned in the faid act, before the Governour, or Lieutenant-Governour, or any two, or more, Counsellors, or Affiftants, or fuch other perfon, or perfons, as fhall 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 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, nomi

Governours

nant Gover

of the pro

take the

All future nated and appointed to the refpective offices of Governour, and Lieute- or Lieutenant, or Deputy, Governour, and Secretary, of our nours, and faid province or territory, (which faid Governour, or LieuSecretaries, tenant, or Deputy, Governour, and Secretary, of our faid vince, shall province or territory, for the time being, We do heresame oaths, by referve full power and authority to us, our heirs, and fucceffors, 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 faid first year of our reign, to be taken instead of the faid oaths of allegiance and supremacy; and fhall alfomake, repeat, and subscribe the declaration appointed by the faid act, in fuch manner, and before fuch perfons, as aforefaid.

The children of the

And further, our will and pleasure is, and we do king's sub- hereby for us, our heirs, and 'fucceffors, grant, establish, and ordain, that all and every of the fubjects of born in the our heirs, and fucceffors, which fhall go to, and inhasaid province shall bit within, our faid province and territory, and every

jects that shall be

have the

been born

us,

same rights of their children, which fhall happen to be born there, and privior on the feas in going thither, or returning from leges as if they had thence, fhall have and enjoy all liberties and immuniin England. ties of free and natural subjects within any 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 Maffachufets-bay, and of fuch as fhall come to inhabit there, we do, by thefe prefents, for us, our heirs, and fucceffors, grant, establish, and ordain, that for ever

hereafter,

conscience

for all Chris

hereafter, there fhall be a liberty of confcience allowed Liberty of in the worship of God to all Chriftians (except papifts) in the worinhabiting, or which shall inhabit or be refident, within ship of God our faid province, or territory. And we do hereby tians in the province, grant and ordain, that the Governour, or Lieutenant, or except Papists. Deputy, Governour, 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 fime being, that shall be thereuntoappointed by the faid Governour, 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 said act of Parliament, made in the first year of our reign, to be taken instead of the oaths of allegiance and fupremacy, to all and every perfon and persons which are now inhabiting or refiding within our faid province or territory, or which shall at any time or times hereafter go or pass thither.

ral Assem

of Justice.

And we do, of our further grace, certain knowledge, The Geneand mere motion, grant, establish, and ordain, for us, bly may our heirs and fucceffors, that the Great and General erect Courts Court, or Affembly, of our faid province, or territory, for the time being, convened as aforefaid, fhall for ever have full power and authority to erect and conftitute Judicatories, and Courts of Record, or other Courts, to be held in the name of us, our heirs, and fucceffors, for the hearing, trying, and determining of all and all manner of crimes, offences, pleas, proceffes, plaints, actions, matters, causes, and things 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, personal, or mixt; and for the awarding and making-out of execution thereupon: to which Courts

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