Courts and Judicatories, we do hereby, for us, our heirs, and fucceffors, give and grant full power and authority, from time to time, to adminifter oaths, for the better discovery of truth in any matter in controverfy, or depending before them.

may grant

wills and

And we do, for us, our heirs, and fucceffors, grant, establish, and ordain, that the Governour of our faid probates of province or territory for the time being, with the letters of Council, or Affiftants, may do, execute, or perform all administra- that is neceffary for the probate of wills, and granting of administrations, for, touching, or concerning, any intereft or eftate, which any perfon or perfons fhall have within our faid province, or territory.

tion.

And whereas we judge it neceffary, that all our fubjects fhould have liberty to appea! to us, our heirs, and fuc

courts of justice to

the king, ceffors, in cafes that may deferve the fame, we do, by

in council.

Conditions

'appeals.

thefe prefents, ordain, that in cafe either party do not reft fatisfied with the judgement or fentence of any judicatories or courts within our faid province or territory, in any perfonal action, wherein the matter in difference doth exceed the value of three hundred pounds fterling, that then he, or they, may appeal to us, our heirs, and fucceffors, in our, or their, privy-council; provided that fuch appeal be made within fourteen of such days after the fentence, or judgement, given; and that, before fuch appeal be allowed, fecurity be given by the party or parties appealing, in the value of the matter in difference, to pay or anfwer the debt or damages, for which the judgement, or fentence, is given, with fuch cofts and damages as fhall be awarded by us, our heirs, or fucceffors, in cafe the judgement, or fentence, be affirmed and provided alfo, that no execution fhall be ftaid, or fufpended, by reason of fuch appeal unto us, our heirs, and fucceffors, in our or their privy-council,

:.

The Governour and Council

Appeals from the

fo

so as the party suing, 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 judgement or fentence be reverfed or annulled, upon the faid appeal.

ral Assem

And we do further, for us, our heirs, and fucceffors, The Gene give and grant to the faid Governour, and the Great or bly may make laws, General Court, or Affembly, of our faid province, or territory, for the time being, full power and authority, from time to time, to make, ordain, and eftablish all manner of wholefome and reafonable orders, laws, ftatutes, and ordinances, directions and inftructions, either with penalties or without (fo as the fame be under cernot repugnant or contrary to the laws of this our realm tions. 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 fort neceffary fupport and defence of the governmers thereof.

tain restric

power of

And we do for us, our heirs, and fucceffors, give It has like and grant, that the faid General Court, or Affembly, fhall wise the have full power and authority to name and fettle, electing annually all annually, all civil officers within the faid province, civil offi fuch officers excepted, the election and conftitution of cers. whom we have, by these presents, referved to us, our heirs, and fucceffors, or to the Governour of our faid province for the time being; and to fet-forth the feveral 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 adminiftered unto them for the execution of their feveral offices and places; and alfo to impofe fines

13

fines, mulets, imprisonments, and other punishments; And of im- and to impofe and levy proportionable and reafonable and other affeffments, rates, and taxes, upon the eftates and per

posing fines

punih.

ments; and of

levying

taxes.

fons of all and every the proprietors or inhabitants of our faid province or territory, to be issued and difpofed of by warrant under the hand of the Governour of our faid province for the time being, with the advice and confent of the Council, for our fervice, in the neceffary defence and fupport of our government of our faid province or territory, and the protection and prefervation of the inhabitants there, according to fuch acts as are or fhall be in force within our faid province; and to dispose of matters and things, whereby our fubjects, inhabitants of our faid province, may be religioufly, peaceably, and civilly governed, protected, and defended, fo as their good life, and orderly conversation, may win the Indians, natives of the country, to the knowledge and obedience of the only true God and Saviour of Mankind, and the Chriftian Faith, which his late majefty, our royal grandfather, king Charles the Firft, in his faid letters patents declared was his royal intention, and the adventurers free profeffion to be the principal end of the faid plantation; and for the better fecuring and maintaining liberty of confcience hereby granted to all perfons at any time being and refiding within our faid province, or territory, as aforefaid, willing, commanding, and requiring, and by thefe prefents, for us, our heirs, and fucceffors, ordaining and appointing, that all fuch orders, law, ftatutes and ordinances, inftructions and directions, as fhall be fo made and published under our feal of our faid 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

nour to have

in the

and

Provided always, and we do, by these prefents, for us, The Gover our heirs, and fucceffors, eftablish and ordain, that in a negative the framing and paffing of all fuch orders, laws, fta- voice both tutes, and ordinances, and in all elections and acts of Council government whatsoever, to be passed, made, or done, by Assembly. the faid general Court, or Affembly, or Council, the Governour of our faid province, or territory, of the Maffachufets-bay in New-England, for the time being, fhall have the negative voice; and that without his confent or approbation, fignified and declared in writing, no fuch orders, laws, ftatutes, ordinances, elections, or other acts of government whatfoever, 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 notwithstanding.

to the king,

him appro

And we do for us, our heirs, and fucceffors, establish, The acts of Assembly and ordain, that the faid orders, laws, ftatutes and are to be ordinances, be by the firft opportunity, after the ma- transmitted king thereof, fent, or tranfmitted, unto us, our heirs, and to be by fucceffors, under the public feal to be appointed by us, ved or for our or their approbation or difallowance; and that disallowed in cafe all, or any of them, fhall, at any time within the space of three years next after the fame fhall 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-manual and fignet, or by order in our, or their, privy-council, unto the Governour 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,

14

Power of

making

lands

within

certain bounds,

fors, fhall not, within the term of three years after the prefenting of fuch orders, laws, ftatutes or ordinances, as aforefaid, fignify our or their difallowance of the fame, then the faid orders, laws, ftatutes, or ordinances, asaforefaid, fhall be and continue in full force and effect, according to the true intent and meaning of the fame, until the expiration thereof, or that the fame fhall be repealed by the general affembly of our faid province for the time being: Provided alfo, that it fhall and may be lawful for the faid Governour and general affembly, to grants of make, or pafs, any grant of lands lying within the bounds of the colonies formerly called the colonies of the Maffachufetts-Bay, and New-Plymouth, and province of Main, in fuch manner as heretofore they might have done by virtue of any former charter or letters patents; which grants of lands, within the bounds aforefaid, we do hereby will and ordain to be and continue for ever of full force and effect, without and under our further approbation or confent; and fo as nevertheJefs, and it is our royal will and pleasure, that no grant or grants of any lands, lying or extending from the river of Sagadehock to the gulf of St. Laurence and Canada rivers, and to the main fea northward and eastward, to be made, or paffed, by the Governour and general affembly of our faid province, be of any force, validity, or effect, until we, our heirs, and fucceffors, fhall have fignified our, or their, approbation of the fame.

certain restrictions.

1

Powertothe
Governour

militia.

And we do by thefe prefents for us, our heirs, and to array the fucceffors, grant, eftablifh, and ordain, that the Governour of our faid province, or territory, for the time being, fhall have full power, by himself, or by any chief commander, or other officer or officers, to be

appointed