« PreviousContinue »
appointed by him for time to time, to frame, instruct, exercise, and govern, the Militia there, and, for the special defence and safety of our faid province or territory, to assemble 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, expulse, repel, resist, and pursue, by force ploy them to
repel invasiof arms, as well as by sea as by land, within or with-ons. out the limits of our faid province or territory, and also to kill, Nay, destroy, and conquer, by all fitting ways, enterprizes, and means whatsoever, all and every such person or persons as shall, at any time hercafter, attempt, or enterprize, the destruction, invafion, detriment, or annoyance, of our faid province or territory; and to use and exercise the law-martial in time of And to actual war, invasion, or rebellion, as occasion shall exercise necessarily require; and also from time to time to erect law forts, and to fortify any place or places, within our said cases and province or territory, and the same to furnish with all neceffary ammunition, provisions, and stores of war restrictions, . for offence or defence, and to commit from time to time the custody and government of the same to such person or persons as to him shall seem meet; and the faid forts and fortifications to demolish at his pleasure ; and to take and surprise, by all ways and means whatsoever, all and every such person or persons, with their ships, arms, ammunition, and other goods, as shall in a hostile 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 successors, grant, establish, and ordain, that the said Governour shall not al any time hereafter, by virtue of any power hereby granted, or hereafter to be granted, to him, transport any of the inhabitants of
our faid province or territory, or oblige them to march out of the limits of the fame, without their free and voluntary consent, or the consent of the Great and General Court, or Assembly, 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 consent of
the Council, or Affiftants, of the fame. Power of Provided in like manner, and we do by these prethe deputyGovernour sents, for us, our heirs, and fucceffors, conftitute and in the
ordain, that when, and as often as, the Governour of our absence of the Gover. said province for the time being fhall happen to die, or
be displaced by us, our heirs, or fucceffors, or be absent from his government, that then, and in any of these cases, the Lieutenant, or Deputy, Governour of our faid province for the time being shall have full power and authority to do and execute all and every such acts, matters, and things, which our Governour of our said province for the time being might, or could, by virtue of these our letters patents, lawfully do or execute, if he were personally prefent, until the return of the Governourso abfent, or the arrival, or constitution of such other Governour as shall, or may, be appointed by
us, our heirs, or fucceffors, in his stead; and that, when Power of the Coun. and as often as, the Governour,and Lieutenanty or Depucil of the said pro
ty, Governour, of our faid province or territory, for the vince in the time being, shall happen to die, or be displaced by us, absence of both the our heirs, or successors, or be abfent from our faid proGovernour and Lieute vince, and that there shall be no person within the said
province commissionated by us, our heirs, or fucceffors, Governour.
to be Governour within the same, then, and in every of the said cases, the Council, or Affisants, of our said province shall have full power and authority, and we do hereby give and grant unto the said Council, or Afift
ants, of our said province for the time being, or the major part of them, full power and authority to do and execute all and every fuch 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 personally present, until the retutn of the Governour, or Licutenant, or Depnty, Governour, so absent, or the arrival, or conftitution of such other Governour,or Lieutenant, or Deputy, Governour, as shall or may be appointed by us, our heirs, or successors, from time to time,
Provided always, and it is hereby declared, that no- ralty-Court thing herein contained shall extend or be taken to erect
is not to be
erected by or grant, or allow the exercise of any Admiralty-Court any autho
rity of the jurisdiction, power or authority, but that the same shall province, be and is hereby reserved to us and our successors, and under the thall from time to time be erected, granted and exer- England, or cised by virtue of commissions to be issued under the the Seal of
the High Great Seal of England, or under the Seal of the High Admiral Admiral, or the Commissioners for executing the office
of England. of High Admiral of England.
And further, our express will and pleasure is, and we do, by these presents, for us, our heirs, and successors, ordain and appoint, that these our letters patent Thall not, in any manner, enure, or be taken, to abridge, bar,
This char. or hinder, any of our loving subjects whatsoever, to use ter sball not
be any hinand exercise the trade of fishing upon the coasts of New- drance to
the king's England, but that they, and every of them, shall have the
subjects in full and free power and liberty to continue and use the their trade
of fishing said trade of fishing upon the said coasts, in any of the on the feas thereunto adjoining, or any arms of the said seas New Engor falt-water rivers, where they have been wont to fish; and to build and set-up on the lands, within our said
trees for the
province or colony, lying waste, and not then possessed by particular proprietors, such wharfs, stages, and workhouses, as shall be necessary for the salting, drying, keeping, and packing of their fish, to be taken or gotten upon that coast, and to cut down and take such trees and other materials there growing, or being, upon any parts or places lying waste, and not then in poffeffion of particular proprietors, as shall be needful for that purpose, and for all other necessary casements, helps, and advantages, concerning the said trade of fishing there, in such 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 these presents contained
to the contrary notwithstanding: A reservation of large And lastly, for the better providing and furnishing use of the of masts for our royal navy, we do hereby reserve to us, navy.
our heirs, and successors, 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 persons; and we do restrain and forbid all persons whatsoever from felling, cutting, or destroying any such trees without the royal license of us, our heirs and succeffors, first had and obtained, upon penalty of forfeiting one hundred pounds Sterling unto us, our heirs, and successors, for every such tree so felled, cut, or destroyed, without, such license had and obtained in that behalf; any thing in these presents contained to the contrary in any wise notwithstanding. In witness, &c. Witness ourselves at Westminster the seventh day of October.
of By Writ Privy Seal.
VOTES AND PROCEEDINGS
FREEHOLDERS AND OTHER INHABITANTS
TOIN OF BOSTON,
IN TOWN MEETING ASSEMBLED, ACCORDING TO LAW.
[PUBLISHED BY ORDER OF THE town.]
To which is prefixed, as Introductory,
IN ATTESTED COPY OF A VOTE OF TILE TOWN AT
PREEACE OF THE BRITISH EDITOR All accounts of the discontent so general in our colonies, have of late years been industriously smothered, and concealed here; it seeming to suit the views of the American minister *, to have it understood, that by bis great abilities all faction was subdued, all oppofsition suppressed, and the whole country quieted. — That the true state of affairs
be known, aud the true causes 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.