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wills and letters of
Courts and Judicatories, we do hereby, for us, our heirsg and fucceffors, give and grant full power and authority, from time to time, to administer oaths, for the better discovery of truth in any matter in controversy, or de
pending before them. The Gover
And we do, for us, our heirs, and fucceffors, grant, nour and Council establish, and ordain, that the Governour of our faid may grant probates of province or territory for the time being, with the
Council, or Alfitants, may do, execute, or perform all administra- that is neceffary for the probate of wills, and granting
of administrations, for, touching, or concerning, any interest or estate, which any person or persons shall have
within our said province, or 'territory. Appeals from the And whereas we judgeit necessary, that all our subjects courts of justice to
should have liberty to appeal to us, our heirs, and fucthe king
cessors, in cases that may deserve the same, we do, by in council.
these prcfents, ordain, that in case cither party do not rest satisfied with the judgement or sentence of any judicatories or courts within our said province or territory, in any personal 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 successors, in our, or their, privy-council; Conditions provided that such appeal be made within fourteen of such days after the sentence, or judgement, given; and that, appeals.
before such appeal be allowed, security be given by the party or parties appealing, in the value of the mat. ter in difference, to pay or answer the debt or dama. ges, for which he judgement, or sentence, is given, with such costs and damages as shall be awarded by us, our heirs, or successors, in case the judgement, or sentence, be affirmed :. and provided also, that no execution shall be staid, or suspended, by reason of such appeal unto us, our heirs, and successors, in our or their privy-council,
so as the party suing, 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 judgement or sentencc be reversed or annulled, upon the faid appeal.
And we do further, for us, our heirs, and successors, The Gene give and grant to the said Governour, and the Great or bly may General Court, or Assembly, of our faid province, or terri- niake.laws, tory, for the time being, full power and authority, from time to time, to make, ordain, and establish all manner of wholesome and reasonable orders, laws, statutes, and ordinances, directions and instructions, either with penalties or without (so as įhe same be under cer
tain restrica not repugnant or contrary to the laws of this our realm tions. of England) as they fall judge to be for the good and welfare of our said province or territory, and for the government and ordering thereof, and of the people inhabiting, or who shall inhabit, the fame, and fort necessary support and defence of the governmei thereof.
And we do for us, our heirs, and succesfors, give It has like, and grant, that the said General Court, or Assembly, shall wise the have full power and authority to name and settle, electing
annually all annually, all civil officers within the said province, civil otti such officers excepted, the election and constitution of cers. whom we have, by these presents, reserved to us, our heirs, and fucceffors, or to the Governour of our faid 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 repugnant to the laws and statutes of this our realm of England, as shall be respectively administered unto them for the execution of their several offices and places; and also to impose
ments; and ot
fines, mulës, imprisonments, and other punishments; And of imes and to impose and levy proportionable and reasonable and other affefsments, rates, and taxes, upon the estates and perpunih
fons of all and every the proprietors or inhabitants of levying our said province or territory, to be ifsued and difpofed
of by warrant under the hand of the Governour of our said province for the time being, with the advice and consent of the Council, for our service, in the neceffary defence and support of our government of our said province or territory, and the protection and preservation of the inhabitants there, according to such acts as are or shall be in force within our faid province; and to dispose of matters and things, whereby our fubjects, inhabitants of our faid province, may be religiously, peaceably, and civilly governed, protected, and defendo ed, so 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 Christian Faith, which his late majesty, our royal grandfather, king Charles the First, in his faid letters patents declared was his royal intention, and the adventurers free profeffion 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 residing within our faid province, or territory, as aforesaid, willing, commanding, and requiring, and by these presents, for us, our heirs, and succeffors, ordaining and appointing, that all such orders, law, flatutes and ordinances, instructions and directions, as shall be so 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 always, and we do, by these presents, for us, The Goverour heirs, and successors, establish and ordain, that in nour to have the framing and passing of all such orders, laws, fta- voice both tutes, and ordinances, and in all elections and a&ts of Council goverament whatsoever, to be passed, made, or done, by Assembly. the said general Court, or Assembly, or Council, the Governour of our said province, or territory, of the Massachusets-bay in New-England, for the time being, shall have the negative voice; and that without his consent or approbation, signified and declared in writing, no such orders, laws, flatutes, ordinances, elections, or other acts of government whatsoever, so to be made, passed, or done, by the faid 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, The acts of and ordain, that the said orders, laws, statutes and Assembly ordinances, be by the first opportunity, after the ma-transmitted
to the king, king thereof, fent, or transmitted, unto us, our heirs, and to be by
him appro. successors, under the public seal to be appointed by us, ved or for our or their approbation or disallowance; and that disallowed in case all, or any of them, lball, at any time within the space of three years next after the same shall have been presented to us, our heirs, and succeffors, in our, or their, privy-council, be disallowed and rejected, and so signified by us, our heirs, and successors, under our, or their, fign-manual and signet, or by order in our, or their, privy-council, unto the Governour 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 : Provided always, that in case we, our heirs, or succes.
lands within certain
fors, shall not, within the term of three years after the presenting of such orders, laws, statutes or ordinances, as aforesaid, signify our or their disallowance of the fame, then the said orders, laws, statutes, or ordinances, asaforelaid, shall 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 same shall be repealed by the general assembly of our faid province
for the time being: Provided also, that it shall and may be Power of lawful for the said Governour and general assembly, to making grants of make, or pass, any grant of lands lying within the
bounds of the colonies formerly called the colonies bounds,
of the Massachusetts-Bay, and New-Plymouth, and province of Main, in such manner as heretofore they might have done by virtue of any former charter or letters patents; which grants of lands, within the bounds aforesaid, we do hereby will and ordain to be
and continue for ever of full force and effect, without and under our further approbation or consent; and so as neverthe
less, and it is our royal will and pleasure, that no grant restrictions.
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 sea northward and eastward, to be made, or passed, by the Governour and general assembly of our faid province, be of any force, validity, or effect, until we, our heirs, and fucceffors, shall have signified our, or their, approbation of the
fame. Powerto the
And we do by these presents for us, our heirs, and Governour to array the fucceffors, grant, establish, and ordain, that the Gover
nour of our faid province, or territory, for the time being, shall have full power, by himself, or by any chief commander, or other officer or officers, to be