repel invasi

martial

in certain

appointed by him for time to time, to frame, inftruct, exercife, and govern, the Militia there, and, for the special defence and safety of our faid province or territory, to affemble in martial array, and put in warlike posture, the inhabitants of our faid province or territory, and to lead and conduct them, and with them to And to emencounter, expulfe, repel, refift, and pursue, by force ploy them to of arms, as well as by fea as by land, within or with- ons. out the limits of our faid province or territory, and alfo to kill, flay, deftroy, and conquer, by all fitting ways, enterprizes, and means whatfoever, all and every fuch perfon or perfons as fhall, at any time hereafter, attempt, or enterprize, the deftruction, invasion, detriment, or annoyance, of our faid province or territory; and to use and exercife the law-martial in time of And to actual war, invafion, or rebellion, as occafion fhall exercise neceffarily require; and alfo from time to time to crect law forts, and to fortify any place or places, within our faid cases and province or territory, and the fame to furnish with all neceffary ammunition, provifions, and ftores of war for offence or defence, and to commit from time to time the custody and government of the fame to fuch perfon or perfons as to him fhall feem meet; and the faid forts and fortifications to demolish at his pleasure ; and to take and surprise, by all ways and means whatfoever, all and every fuch perfon or perfons, with their ships, arms, ammunition, and other goods, as fhall in a hoftile manner invade, or attempt the invading, conquering, or annoying, of our faid province or territory : Provided always, and we do, by these presents, for us, our heirs, and fucceffors, grant, establish, and ordain, that the faid Governour fhall not at any time hereafter, by virtue of any power hereby granted, or hereafter to be granted, to him, transport any of the inhabitants of

our

under

certain

restrictions.

Power of the deputy

our faid province or territory, or oblige them to march out of the limits of the fame, without their free and voluntary confent, or the confent of the Great and General Court, or Affembly, of our faid province or territory, nor grant commiffions for exercifing the law martial upon any of the inhabitants of our faid province or territory, without the advice and confent of the Council, or Affiftants, of the fame.

Provided in like manner, and we do by thefe preGovernour fents, for us, our heirs, and fucceffors, conftitute and absence of ordain, that when, and as often as, the Governour of our the Gover faid province for the time being fhall happen to die, or

in the

nour.

be difplaced by us, our heirs, or fucceffors, or be abfent from his government, that then, and in any of these cases, the Lieutenant, or Deputy, Governour of our faid province for the time being fhall have full power and authority to do and execute all and every fuch acts, matters, and things, which our Governour of our faid province for the time being might, or could, by virtue of these our letters patents, lawfully do or execute, if he were perfonally prefent, until the return of the Governourfo abfent, or the arrival, or conftitution, of fuch other Governour as fhall, or may, be appointed by us, our heirs, or fucceffors, in his ftead ; and that, when and as often as, the Governour, and Lieutenant, or Depu ty, Governour, of our faid province or territory, for the vince in the time being, fhall happen to die, or be displaced by us,

Power of

the Coun

cil of the said pro.

absence of

Governour

nant

Governour.

both the our heirs, or fucceffors, or be abfent from our faid proand Lieute vince, and that there fhall be no perfon within the faid province commiffionated by us, our heirs, or fucceffors, to be Governour within the fame, then, and in every of the faid cafes, the Council, or Affiftants, of our faid province fhall have full power and authority, and we do hereby give and grant unto the faid Council, or Affift

ants,

ants, of our faid province for the time being, or the major part of them, full power and authority to do and execute all and every such acts, matters, and things, which the faid Governour, or Lieutenant, or Deputy, Governour, of our faid province or territory, for the time being, might or could lawfully do or exercise, if they, or either of them, were perfonally prefent, until the return of the Governour, or Licutenant, or Depnty, Gover nour, fo abfent, or the arrival, or conftitution, of fuch other Governour, or Lieutenant, or Deputy, Governour, as shall or may be appointed by us, our heirs, or fucceffors, from time to time.

The Admi

but either

Provided always, and it is hereby declared, that no- ralty-Court thing herein contained fhall extend or be taken to erect is not to be erected by or grant, or allow the exercise of any Admiralty-Court any authority of the jurisdiction, power or authority, but that the same fhall province, be and is hereby referved to us and our fucceffors, and under the fhall from time to time be erected, granted and exercifed by virtue of commiffions to be iffued under the Great Seal of England, or under the Seal of the High Admiral Admiral, or the Commiffioners for executing the office of England. of High Admiral of England.

Great Seal of England, or the Seal of the High

And further, our exprefs will and pleasure is, and we do, by these presents, for us, our heirs, and fucceffors, ordain and appoint, that these our letters patent fhall not, in any manner, enure, or be taken, to abridge, bar, This char. or hinder, any of our loving subjects whatfoever, to ufe ter shall not be any hinand exercise the trade of fishing upon the coafts of New- drance to England, but that they, and every of them, fhall have subjects in full and free power and liberty to continue and use the their trade of fishing faid trade of fishing upon the said coasts, in any of the on the feas thereunto adjoining, or any arms of the faid feas New Engor falt-water rivers, where they have been wont to fish; and to build and fet-up on the lands, within our faid

the king's

coasts of

land.

province

A reservation of large trees for the

navy.

province or colony, lying wafte, and not then poffeffed by particular proprietors, fuch wharfs, stages, and workhouses, as fhall be neceffary for the falting, drying, keeping, and packing of their fish, to be taken or gotten upon that coaft, and to cut-down and take fuch trees and other materials there growing, or being, upon any parts or places lying wafte, and not then in poffeffion of particular proprietors, as fhall be needful for that purpofe, and for all other neceffary cafements, helps, and advantages, concerning the faid trade of fishing there, in fuch manner and form as they have been heretofore at any time accustomed to do, without making any wil ful waste or spoil; any thing in thefe prefents contained to the contrary notwithstanding.

And lastly, for the better providing and furnishing use of the of mafts for our royal navy, we do hereby reserve to us, our heirs, and fucceffors, all trees of the diameter of twenty-four inches, and upwards of twelve inches from the ground, growing upon any foil, or tract of land, within our faid province or territory, not heretofore granted to any private perfons; and we do restrain and forbid all persons whatsoever from felling, cutting, or destroying any fuch trees without the royal license of us, our heirs and fucceffors, firft had and obtained, upon penalty of forfeiting one hundred pounds fterling unto us, our heirs, and fucceffors, for every such tree fo felled, cut, or deftroyed, without, fuch licenfe had and obtained in that behalf; any thing in thefe prefents contained to the contrary in any wife notwithftanding. In witnefs, &c. Witness ourselves at Westminster the feventh day of October.

VOTES AND PROCEEDINGS

OF THE

FREEHOLDERS AND OTHER INHABITANTS

OF THE

TOWN OF BOSTON,

IN TOWN MEETING ASSEMBLED, ACCORDING TO LAW.

[PUBLISHED BY ORDER OF THE TOWN.]

To which is prefixed, as Introductory,

AN ATTESTED COPY OF A VOTE OF THE TOWN AT

PREEACE OF THE BRITISH EDITOR

ALL accounts of the difcontent fo general in our colonies, have of late years been induftriously smothered, and concealed here; it seeming to fuit the views of the American minifter, to have it understood, that by his great abilities all faction was fubdued, all oppoffition fuppreffed, and the whole country quieted. That the true ftate of affairs there may be known, aud the true caufes of that discontent well understood, the following piece (not the production of a private writer, but the unanimous act of a large American city) lately printed in New-England, is republished here.

* The Earl of Hillsborough.

This