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may adjourne their house from time to time to such time

as to them shall seeme meet and convenient.

9. —THAT THE said Representatives are the sole

Judges of the Qualificacons of their owne members, and

likewise of all undue Eleccons and may from time to time

purge their house as they shall see occasion dureing the

said sessions.

10. —THAT Noe mernber of the general Assembly or

their servants dureing the time of their Sessions and

whilest they shall be goeing to and returning from the said

Assembly shall be arrested sued imprisoned or any wayes

molested or troubled nor be compelled to make answere

to any suite, Bill, plaint, Declaracon or otherwise, (Cases

of High Treason and felony only excepted) provided the

number of the said servants shall not Exceed three.

11. —THAT All bills agreed upon by the said Repre-

sentatives or the Major part of them shall be presented

unto the Governour and his Councell for their Approba-

con and Consent All and Every which Said Bills soe

approved of Consented to by the Governour and his Coun-

cell shall be Esteemed and accounted the Lawes of the

province, Which said Lawes shall continue and remaine of

force untill they shall be repealed by the authority afore-

said that is to say the Governour Councell and Represen-

tatives in General Assembly by and with the Approbacon

of his Royal Highnesse or Expire by their owne Limitta-

cons.

12. —THAT In all cases of death or removall of any of

the said Representatives The Governour shall issue out

Summons by Writt to the Respective Townes Cittyes

Shires Countryes or Divisions for which he or they soe

removed or deceased were Chosen willing and requireing

the ffreholders of the Same to Elect others in their place

and stead.

13. —THAT Noe freeman shall be taken and impris-

oned or be disseized of his ffrehold or Libertye or ffree

Customes or be outlawed or Exiled or any other wayes

destroyed nor shall be passed upon adjudged or con-

demned But by the Law-full Judgment of his peers and by

the Law of this province. Justice nor Right shall be neither

sold denyed or deferred to any man within this province.

14. —THAT Noe aid, Tax, Tallage, Assessment, Cus-

tome, Loane, Benevolence or Imposicon whatsoever shall

be layed assessed imposed or levyed on any of his

Majestyes Subjects within this province or their Estates

upon any manner of colour or pretence but by the act and

Consent of the Governour Councell and Representatives

of the people in Generall Assembly mett and Assembled.

15. —THAT Noe man of what Estate or Condicon

soever shall be putt out of his Lands or Tenements, nor

taken, nor imprisoned, nor disherited, nor banished nor

any wayes distroyed without being brought to Answere by

due Course of Law.

16. —THAT A ffreeman Shall not be amerced for a

small fault, but after the manner of his fault and for a great

fault after the Greatnesse thereof Saveing to him his free-

hold, And a husbandman saveing to him his Wainage and

a merchant likewise saveing to him his merchandize And

none of the said Amerciaments shall be assessed but by the

oath of twelve honest and Lawfull men of the Vicinage

provided the faults and misdemeanours be not in Con-

tempt of Courts of Judicature.

17. —ALL Tryalls shall be by the verdict of twelve

men, and as neer as may be peers or Equalls And of the

neighbourhood and in the County Shire or Division where

the fact Shall arise or grow Whether the Same be by

Indictment Infermacon Declaracon or otherwise against

the person Offender or Defendant.

18. —THAT In all Cases Capitall or Criminall there

shall be a grand Inquest who shall first present the offence

and then twelve men of the neighbourhood to try the

Offender who after his plea to the Indictment shall be

allowed his reasonable Challenges.

19. —THAT In all Cases whatsoever Bayle by sufficient

Suretyes Shall be allowed and taken unlesse for treason or

felony plainly and specially Expressed and menconed in the

Warrant of Committment provided Alwayes that nothing

herein contained shall Extend to discharge out of prison

upon bayle any person taken in Execucon for debts or oth-

erwise legally sentenced by the Judgment of any of the

Courts of Record within the province.

20. —THAT Noe Comissions for proceeding by Mar-

shall Law against any of his Majestyes Subjects within this

province shall issue forth to any person or persons whatso-

ever Least by Colour of them any of his Majestyes Subjects

bee destroyed or putt to death Except all such officers per-

sons and Soldiers in pay throughout the Government.

21. —THAT From hence forward Noe Lands Within

this province shall be Esteemed or accounted a Chattle or

personall Estate but an Estate of Inheritance according to

the Custome and practice of his Majestyes Realme of Eng-

land.

22. —THAT Noe Court or Courts within this province

have or at any time hereafter Shall have any Jurisdiccon

power or authority to grant out any Execucon or other

writt whereby any mans Land may be sold or any other

way disposed off without the owners Consent provided

Alwayes That the issues or meane proffitts of any mans

Lands shall or may be Extended by Execucon or otherwise

to satisfye just debts Any thing to the Contrary hereof in

any wise Notwithstanding.

23. —THAT Noe Estate of a feme Covert shall be sold

or conveyed But by Deed acknowledged by her in Some

Court of Record the Woman being secretly Examined if

She doth it freely without threats or Compulsion of her

husband.

212 ERA 2: Colonization and Settlement

24. —THAT All Wills in writeing attested by two

Credible Witnesses shall be of the same force to convey

Lands as other Conveyances being registered in the Sec-

retaryes Office within forty dayes after the testators death.

25. —THAT A Widow after the death of her husband

shall have her Dower And shall and may tarry in the Cheife

house of her husband forty dayes after the death of her hus-

band within which forty dayes her Dower shall be assigned

her And for her Dower shall be assigned unto her the third

part of all the Lands of husband dureing Coverture, Except

shee were Endowed of Lesse before Marriage.

26. —THAT All Lands and Heritages within this

province and Dependencyes shall be free from all fines

and Lycences upon Alienacons, and from all Herriotts

Ward Shipps Liveryes primer Seizins yeare day and Wast

Escheats and forfeitures upon the death of parents and

Ancestors naturall unaturall casuall or Judiciall, and that

forever; Cases of High treason only Excepted.

27. —THAT Noe person or persons which professe

ffaith in God by Jesus Christ Shall at any time be any wayes

molested punished disquieted or called in Question for

any Difference in opinion or Matter of Religious Concern-

ment, who doe not actually disturb the Civill peace of the

province, But that all and Every such person or persons

may from time to time and at all times freely have and fully

enjoy his or their Judgments or Consciencyes in matters of

Religion throughout all the province, they behaveing

themselves peaceably and quietly and not useing this Lib-

erty to Lycentiousnesse nor to the Civill Injury or outward

disturbance of others provided Alwayes that this liberty or

any thing contained therein to the Contrary shall never be

Construed or improved to make void the Settlement of any

publique Minister on Long Island Whether Such Settle-

ment be by two thirds of the voices in any Towne thereon

which shall alwayes include the Minor part Or by Sub-

scripcons of perticuler Inhabitants in Said Townes pro-

vided they are the two thirds thereon Butt that all such

agreements Covenants and Subscripcons that are there

already made and had Or that hereafter shall bee in this

Manner Consented to agreed and Subscribed shall at all

time and times hereafter be firme and Stable And in Con-

firmacon hereof It is Enacted by the Governour Councell

and Representatives; That all Such Sumes of money soe

agreed and Consented to or Subscribed as aforesaid for

maintenance of said Publick Ministers by the two thirds of

any Towne on Long Island Shall alwayes include the Minor

part who shall be regulated thereby And also Such Sub-

scripcons and agreements as are before menconed are and

Shall be alwayes ratified performed and paid, And if any

Towne on said Island in their publick Capacity of agree-

ment with any Such minister or any perticuler persons by

their private Subscripcons as aforesaid Shall make default

deny or withdraw from Such payment Soe Covenanted to

agreed upon and Subscribed That in Such Case upon

Complaint of any Collector appointed and Chosen by two

thirds of Such Towne upon Long Island unto any Justice of

that County Upon his hearing the Same he is hereby

authorized impowered and required to issue out his war-

rant unto the Constable or his Deputy or any other person

appointed for the Collection of said Rates or agreement to

Levy upon the goods and Chattles of the Said Delinquent

or Defaulter all such Sumes of money Soe covenanted and

agreed to be paid by distresse with Costs and Charges

without any further Suite in Law Any Lawe Custome or

usage to the Contrary in any wise Notwithstanding.

PROVIDED Alwayes the said sume or sumes be under

forty shillings otherwise to be recovered as the Law

directs.

AND WHEREAS All the Respective Christian Churches

now in practice within the City of New Yorke and the other

places of this province doe appeare to be priviledged

Churches and have beene Soe Established and Confirmed

by the former authority of this Government BEE it hereby

Enacted by this Generall Assembly and by the authority

thereof That all the Said Respective Christian Churches be

hereby Confirmed therein And that they and Every of

them Shall from henceforth forever be held and reputed as

priviledged Churches and Enjoy all their former free-

domes of their Religion in Divine Worshipp and Church

Discipline And that all former Contracts made and agreed

upon for the maintenances of the severall ministers of the

Said Churches shall stand and continue in full force and

virtue And that all Contracts for the future to be made

Shall be of the same power And all persons that are unwill-

ing to performe their part of the said Contract Shall be

Constrained thereunto by a warrant from any Justice of the

peace provided it be under forty Shillings Or otherwise as

this Law directs provided allsoe that all Christian

Churches that Shall hereafter come and settle with in this

province shall have the Same priviledges.

Source:

The Historical Society of the Courts of the State of New York.

Available on-line. URL: http://www.courts.state.ny.us/history/

Sitemap.htm. Accessed December 2003.

Jacob Leisler, Form of Association

Proposed to the Inhabitants, 1689

When James II became king of England in 1685, he moved to

consolidate royal government in the colonies. The Glorious

Revolution in England in 1688, in which Catholic king James

was overthrown and replaced by Protestants William and

The Development of Political, Religious, and Social Institutions in the Colonies 213

Mary, inspired rebellions in America against Maryland’s

Catholic Proprietors, the rule of Governor Edmund Andros in

the Dominion of New England, and the newly appointed royal

government in New York. After the rebellions, which lasted

until 1691, royal governments regained ascendency, although

Maryland’s proprietor took back his colony after 1815, when

he converted to Anglicanism. Jacob Leisler headed a faction of

Dutch traders in New York who resented the English and

feared Indian insurrections. He even dismissed the representa-

tive assembly when he didn’t like its actions. After the royal

government regained control of New York, Leisler was hanged

as a traitor.

________________________

_______________________

Wee the Committee &ca and other members of this

Province of new yorke finding to our great grief after so

wonderfull a deliverance from Popery and Arbitrary

power, wrought by the goodnesse of God, and the Armes

of the Prince of Orange (now our gracious King and

Soveraigne) that notwithstanding there hath beene Such

Certaine notice therof, and Evidence undeniable to the

Conviction of all this Province (Except Papists and Such

who affected them who will not believe the Marvellous

transactions in Europe to their disadvantage) in So much

that most have for Shame or feare taken the Oath of Alle-

giance to their Majesties King William & Queen Mary: Yet

it hath not that due Efficacy upon many of the Same, but

they abett, allow, uphold & Support the illegall and Arbi-

trary Commissions of the late King James granted to his

late governors and their unlawfull actings, nay to that

degree that they justifie them as good and warrantable

untill Order from England, & that those who were in office

both Civill and Military Ought So long to Remaine in

Excercise of the Same. All which being pernicious and

Eminently Dangerous unto the Interest of King William

his Crowne and dignity in this Province and the welfare of

his good Subjects therein, have thought fitt to propose to

all true Protestants within this Province an Union amongst

themselves by Solemne and Sacred Promise of mutuall

defense and Assistance in the preservation of the true

Protestant Religion his Majesties Person and Royall State

and our Laws Liberties & Properties and wee hold it our

bounden duty to joyn our Selves for the Same intent in a

Declaration of our united affections & Resolutions in the

Forme ensuing I doe in the Presence of God Solemnly

promise, Vow & protest to maintaine and defend to the

utmost of my power with my person and Estate the true

Protestant Religion against Popery and all Papist Supersti-

tion, Idolatry, or Innovation, and all those who do or Shall

endeavour to Spread or advance it within this Province; I

will also as far as in mee lyes maintaine and defend their

Majesties King William & Queen Marys Royall Persons &

Estates as also the lawfull Rights and Liberties of the Sub-

jects against all encroachments and usurpation of arbitrary

power whatsoever, and endeavour entirely Suppresse all

such who Shall oppose the Same.

Moreover what Colonel Thomas Dongan & Sir

Edmond Andros themselves in or with Councell have ille-

gall acted or done by Virtue of their Commissions from the

late King James, I do declare to be null and off no Effect

as if Such had not been and Esteeme them no otherwise

than betrayers of the lawfull Rights, and libertyes of the

Subject, To this end Wee and every one of us whose hands

are here underwritten do most willingly bind our Selves &

every one of us unto the other jointly and Severally in the

bond of one firm and Loyall Society, or Association & do

promise and vow before God, That with our joynt and par-

ticular forces we will oppose and pursue unto destruction

all Such as upon any title whatsoever Shall oppose the just

and Righteous ends of this Association & maintaine, pro-

tect & defend all such as shall enter into it in the just per-

formance of the true intent and meaning of itt and least

this just and Pious work should be any wayes obstructed or

hindred for want of discipline or Conduct or any evill per-

sons under pretence of raising forces for the Service of this

Association should attempt or Committ disorders Wee will

follow Such Orders as wee Shall from time to time Receive

from the Present Committee or the Major part of them

and obey whom they Shall appoint or Set over us in this

Severall Counties and Townes of this Province untill

Orders from his Majestie King William doth arrive; Nei-

ther will wee for any Respect of Persons or Causes or for

fear or reward Separate our Selves from this Association or

fail in the prosecution thereof during our lives, upon paine

of being by the rest of us prosecuted and Suppressed as

Perjured persons, and publicq Enemies to God, the king

and this Province; To which Pains and Punishments wee

do Volentarily Submitt our Selves and Every one of us

without benefit of any Colour or pretence to Excuse us, In

witnesse of all which promises to be inviolably kept wee do

to this present writing put our hands and Sealles & Shall

be most Ready to accept & admit any others hereafter into

this Society & Association.

Source:

New York University. The Jacob Leisler Papers Homepage.

Available on-line. URL: www.nyu.edu/leisler./. Accessed

October 2003.

Charter of Massachusetts Bay, 1691

This charter, issued in 1691, merged the Plymouth Colony and

Maine into the Massachusetts Bay Colony and revoked the

colony’s independent rule. By the late 17th century, the Mass-

achusetts Bay Colony was the most successful of England’s set-

214 ERA 2: Colonization and Settlement

tlements in the New World. Boston was the third busiest sea-

port in the British Empire, and it led all other colonial ports in

trade with England. Massachusetts Bay, however, operated in

a predominantly independent manner. When the Mass-

achusetts Bay Company received a charter to begin a colony

in 1629, the usual clause requiring the primary investors to

meet in England was omitted. This allowed the dominant Puri-

tan colonists to buy out the London stockholders and carry the

charter with them to America. There the colonists, led by John

Winthrop, instituted a home rule that resulted in a virtual

theocracy. Under Winthrop’s government, church and state

operated as one, and only church members were allowed to

vote. Anyone who openly disagreed with the Puritans’ Con-

gregationalist Church was exiled. Over the years, relations

between England and the strong government of its prosperous

colony grew tense. In 1684 the colony’s original charter was

revoked, and a royal government was installed. This govern-

ment was annulled after King James II was deposed in the Glo-

rious Revolution of 1688. The new rulers, William and Mary,

issued the 1691 charter to restore royal control in Mass-

achusetts. The new charter government lasted until 1774,

when a provisional revolutionary government was established

in the wake of the Boston Tea Party. The excerpts here concern

the reasons why the former charter is abrogated, the general

court and assembly, and some of the rights reserved to the

king, including the right to use trees for masts, which becomes

one of the reasons why Massachusetts decided to resist English

rule. Note that freedom of worship was granted only to Protes-

tants. Signers of this document Sir John Trevor, Sir William

Rawlinson, and Sir George Hutchins were appointed lords

commissioners of the great seal May 15, 1690, and were suc-

ceeded by Lord Somers as chancellor May 3, 1693.

________________________

_______________________

WILLIAM & MARY by the grace of God King and

Queene of England Scotland France and Ireland Defend-

ers of the Faith &c To all to whome these presents shall

come Greeting Whereas his late Majesty King James the

First Our Royall Predecessor by his Letters Patents vnder

the Greate Seale of England . . . established at Plymouth

in the County of Devon for the Planting Ruleing Order-

ing and Govcrning of New England in America. . . . Our

said Royall Grandfather King Charles the First did by his

said Letters Patents Create and make the said. . .Com-

pany and Society therein after menconed one Body Poli-

tique and Corporate in fact and name by the Name of the

Governour and Company of the Massachusetts Bay in

New England and did grant onto them and their Succes-

sors divers powers Liberties and priviledges as in and by

the said Letters Patents may more fully and at large

appears And whereas the said Governour and Company of

the Massachusetts Bay in New England by vertue of the

said Letters Patents did settle a Collony of the English in

the said parts of America and divers good Subjects of this

Kingdome incouraged and invited by the said Letters

Patents did Transport themselves and their Edects into

the same whereby the said Plantacon did become very

populous and divers Counties Townes and Places were

created erected made setforth or designed within the said

parts of America by the said Governour and Company for

the time being And Whereas in the Terme of the holy

Trinity in the Thirty Sixth yeare of the Reigne of Our

dearest Vncle King Charles the Second a Judgment was

given in Our Court of Chancery then sitting at Westmin-

ster . . . brought and prosecuted in the said Court against

the Governour and Company of the Massachusetts Bay in

New England that the said Letters Patents of Our said

Royall Grandfather King Charles the First . . . made and

granted to the said Governour and Company of the Mass-

achusetts Bay in New F,ngland and the Enrollment of the

same should be cancelled vacated and annihilated . . . And

whereas severall persons employed as Agents in behalfe of

Our said Collony of the Massachusetts Bay in New Eng-

land have made their humble application vnto Vs that

Wee would be graciously pleased by Our Royall Charter

to Incorporate Our Subjects in Our said Collony and to

grant and confirms Into them such powers priviledges and

Franchises as [in] Our Royall Wisdome should be thought

most conduceing to Our Interest and Service and to the

Welfare and happy State of Our Subjects in New England

and Wee being graciously pleased to gratifie Our said

Subjects And alsoe to the end.Our good Subjects within

Our Collony of New Plymouth in New England aforesaid

may be brought under such a forme of Government as

may put them in a better Condicon of defence and con-

sidering aswell the granting vnto them as onto Our Sube-

jcts in the said Collony of the Massachusetts Bay Our

Royall Charter with reasonable Powers and Priviledges

will much tend not only to the safety but to the Flourish-

ing estate of Our Subjects in the said parts of New Eng-

land and alsoe to the advanceing of the ends for which the

said Plantancons were at first encouraged of Our especiall

Grace certaine knowledge and meer Mocon have willed

and ordeyned and Wee doe by these presents for Vs Our

Heires and Successors Will and Ordeyne That the Terri-

tories and Collnyes camonly called or known by the

Names of the Collony of the Massachusetts Bay and Col-

lony of New Plymouth the Province of Main the Territo-

rie called Accadia or Nova Scotia and all that Tract of

Land lying betweene the said Territoritories of Nova Sco-

tia and the said Province of Main be Erected ignited and

Incorporated And Wee doe by these presents Vnite Erect

and Incorporate the same into one reall Province by the

Name of Our Province of the Massachusetts Bay in New

England. . . . Wee doe for Vs Our Heires and Successors

Grant and ordeyne that all and every such Lands Tene-

The Development of Political, Religious, and Social Institutions in the Colonies 215

ments and Hereditaments and all other estates which

any person or persons or Bodyes-Politique or Corporate

Townes Villages Colledges or Schooles doe hold and enjoy

or ought to hold and enjoy within the bounds aforesaid by

or vnder any Grant or estate duely made or granted by any

Generall Court formerly held or by vertue of the Letters

Patents herein before recited or by any other lawfull

Right or Title whatsoever shall be by such person and per-

sons Bodyes Politique and Corporate Townes Villages

Colledges or Schoolss their respective Heires Successors

and Assignes for ever hereafter held and enjoyed accord-

ing to the purport and Intent of such respective Grant

vnder and Subject neverthelesse to the Rents and Ser-

vices thereby reserved or made payable any matter or

thing whatsoever to the contrary notwithstanding. . . .

Wee doe further for Vs Our Heires and Successors Will

Establish and ordeyne that from henceforth for ever

there shall be one Goverour One Leivtent or Deputy

Governour and One Secretary of Our said Province or

Territory to be from time to time appointed and Commis-

sionated by Vs Our Heires and Successors and Eight and

Twenty Assistants or Councillors to be advising and assist-

ing to the Governour of Our said Province or Territory for

the time being as by these presents is hereafter directed

and appointed which said Councillors or Assistants are to

be Constituted Elected and Chosen in such forme and

manner as hereafter in these presents is expressed And for

the better Execucon of Our Royall Pleasure and Grant in

this behalfe Wee doe by these presents for Vs Our Heires

and Successors Nominate Ordeyne make and Constitute

Our Trusty and Welbeloved Simon Broadstreet John

Richards Nathaniel Saltenstall Wait Winthrop John

Phillipps James Russell Samuell Sewall Samuel Appleton

Barthilomew Gedney John Hawthorn Elisha Hutchinson

Robert Pike Jonathan Curwin John Jolliffe Adam

Winthrop Richard Middlecot John Foster Peter Serjeant

Joseph Lynd Samuell Hayman Stephen Mason Thomas

Hinckley William Bradford John Walley Barnabas

Lothrop Job Alcott Samuell Daniell and Silvanus Davis

Esquires the first and present Councillors or Assistants of

Our said Province to continue in their said respective

Offices or Trusts of Councillors or Assistants vntill the last

Wednesday in May which shall be in the yeare of Our

Lord One Thousand Six Hundred Ninety and Three and

vntill other Councillors or Assistants shall be chosen and

appointed in their stead in such manner as in these pre-

sents is expressed And Wee doe further by these presents

Constitute and appoint Our Trusty and welbeloved Isaac

Addington Esquier to be Our first and present Secretary

of Our said Province during Our Pleasure And Our Will

and Pleasure is that the Governour of Our said Province

from the time being shall have Authority from time to

time at his discretion to assemble and call together the

Councillors or Assistants of Our said Province for the time

being and that the said Governour with the said Assistants

or Councillors or Seaven of them at the least shall and

may from time to time hold and keep a Councill for the

ordering and directing the Affaires of Our said Province

And further Wee Will and by these presents for Vs Our

Heires and Successors doe ordeyne and Grant that there

shall and may be convened held and kept by the Gov-

ernour for the time being vpon every last Wednesday in

the Moneth of May every yeare for ever and at all such

other times as the Governour of Our said Province shall

think fitt and appoint a great and Generall Court of

Assembly Which said Great and Generall Court of Assem-

bly shall consist of the Governour and Councill or Assis-

tants for the time being and of such-Freeholders of Our

said Province or Territory as shall be from time to time

elected or deputed by the Major parse of the Freeholders

and other Inhabitants of the respective Townes or Places

who shall be present at such Eleccons Each of the said

Townes and Places being hereby impowered to Elect and

Depute Two Persons and noe more to serve for and rep-

resent them respectively in the said Great and Generall

Court or Assembly To which Great and Generall Court or

Assembly to be held as aforesaid Wee doe hereby for Vs

Our Heires and Successors give and grant full power and

authority from time to time to direct appoint and declare

what Number each County Towne and Place shall Elect

and Depute to serve for and represent them respectively

in the said Great and Generall Court or Assembly Pro-

vided alwayes that noe Freeholder or other Person shall

have a Vote in the Eleccon of Members to serve in any

Greate and Generall Court or Assembly to be held as

aforesaid who at the time of such Eleccon shall not have

an estate of Freehold in Land within Our said Province or

Territory to the value of Forty Shillings per Annu at the

least or other estate to the value of Forty pounds Sterl’

And that every Person who shall be soe elected shall

before he silt or Act in the said Great and Generall Court

or Assembly take the Oaths menconed in an Act of Parlia-

ment made in the first yeare of Our Reigne Entituled an

Act for abrogateing of the Oaths of Allegiance and

Supremacy and appointing other Oaths and thereby

appointed to be taken instead of the Oaths of Allegiance

and Supremacy and shall make Repeat and Subscribe the

Declaracon menconed in the said Act before the Gov-

ernour and Lievtent or Deputy Governour or any two of

the Assistants for the time being who shall be therevnto

authorized and Appointed by Our said Governour and

that the Governour for the time being shall have full

power and Authority from time to time as he shall Judge

necessary to adjourns Prorogue and dissolve all Great and

216 ERA 2: Colonization and Settlement

Generall Courts or Assemblyes met and convened as

aforesaid And Our Will and Pleasure is and Wee doe

hereby for Vs Our Heires and Successors Grant Establish

and Ordeyne that yearly once in every yeare for ever here-

after the aforesaid Number of Eight and Twenty Council-

lors or Assistants shall be by the Generall Court or

Assembly newly chosen that is to say Eighteen at least of

the Inhabitants of or Proprietors of Lands within the Ter-

ritory formerly called the Collony of the Massachusetts

Bay and four at the least of the Inhabitants of or Propri-

etors of Lands within the Territory formerly called New

Plymouth and three at the least of the Inhabitants of or

Proprietors of Land within the Territory formerly called

the Province of Main and one at the least of the Inhabi-

tants of or Proprietors of Land within the Territory lying

between the River of Sagadahoc and Nova Scotia And that

the said Councillors or Assistants or any of them shall or

may at any time hereafter be removed or displaced from

their respective Places or Trust of Councillors or Assis-

tants by any Great or Generall Court or Assembly And

that if any of the said Councillors or Assistants shall hap-

pen to dye or be removed as aforesaid before the Gener-

all day of Eleccon That then and in every such Case the

Great and Generall Court or Assembly at their first sitting

may proceed to a New Eleccon of one or more Council-

lors or Assistants in the roome or place of such Council-

lors or Assistants soe dying or removed And Thee doe

further Grant and Ordeyne that it shall and may be law-

full for the said Governour with the advice and consent of

the Councill or Assistants from time to time to nominate

and appoint Judges Commissioners of Oyer and Terminer

Sheriffs Provosts Marshalls Justices of the Peace and

other Officers to Our Councill and Courts of Justice

belonging Provided alwayes that noe such Nominacon or

Appointment of Officers be made without notice first

given or sumons Issued out seaven dayes before such

Nominacon or Appointment onto such of the said Coun-

cillors or Assistants as shall be at that time resideing

within Our said Province And Our Will and Pleasure is

that the Governour and Leivtent or Deputy Governour

and Councillors or Assistants for the time being and all

other Officers to be appointed or Chosen as aforesaid

shall before the Vndertaking the Execucon of their

Offices and Places respectively take their severall and

respective Oaths for the due and faithfull performance of

their duties in their severall and respective Offices and

Places and alsoe the Oaths appointed by the said Act of

Parliament made in the first yeare of Our Reigne to be

taken instead of the Oaths of Allegiance and Supremacy

and shall make repeate and subscribe the Declaracon

menconed in the said Act before such Person or Persons

as are by these presents herein after appointed (that is to

say) The Governour of Our said Province or Territory for

the time being shall take the said Oaths and make repeate

and subscribe the said Decleracon before the Leivtent or

Deputy Governour or in his absence before any two or

more of the said Persons hereby Nominated and

appointed the present Councillors or Assistants of Our

said Province or Territory to whom Wee doe by these pre-

sents give full power and Authority to give and administer

the same to Our said Governour accordingly and after

Our said Governour shall be sworn and shall have sub-

scribed the said Declaracon that then Our Leivtent or

Deputy Governour for the time being and the Councillors

or Assistants before by these presents Nominated and

appointed shall take the said Oaths and make repeat and

subscribe the said Declaracon before Our said Governour

and that every such person or persons as shall (at any time

of the Annuall Eleccons or otherwise vpon death or

removeall) be appointed to be the New Councillors or

Assistants and all other Officers to bee hereafter chosen

from time to time shall take the Oaths to their respective

Offices and places belonging and alsoe the said Oaths

appointed by the said Act of Parliament to be taken

instead of the Oaths of Allegiance and Supremacy and

shall make repeate and subscribe the declaracon men-

coned in the said Act before the Governour or Leivtent or

Deputy Governour or any two or more Councillors or

Assistants or such other Person or Persons as shall be

appointed thereunto by the Governour for the time being

to whom Wee doe therefore by these presents give full

power and authority from time to time to give and admin-

ister the same respectively according to Our true meaning

herein before declared without any Comission or further

Warrant to bee had and obteyned from vs Our Heires and

Successors in that behalfe And Our Will and Pleasure is

and Wee doe hereby require and Comand that all and

every person and persons hereafter by Vs Our Heires and

Successors nominated and appointed to the respective

Offices of Governour or I,eivt or Deputy Governour and

Secretary of Our said Province or Territory (which said

Governour or Leivt or Deputy Governour and Secretary

of Our said Province or Territory for the time being Wee

doe hereby reserve full power and Authority to Vs Our

Heires and Successors to Nominate and appoint accord-

ingly, shall before he or they be admitted to the Execucon

of their respective Offices take as well the Oath for the

due and faithfull performance of the said Offices respec-

tively as alsoe the Oaths appointed by the said Act of Par-

liament made in the said First yeare of Our Reigne to be

taken instead of the said Oaths of Allegiance and

Supremacy and shall alsoe make repeate and subscribe

the Declaracon appointed by the said Act in such manner

and before such persons as aforesaid And further Our Will

The Development of Political, Religious, and Social Institutions in the Colonies 217

and Pleasure is and Wee doe hereby for Vs Our Heires

and Successors Grant Establish and Ordaine That all and

every of the Subjects of Vs Our Heires and Successors

which shall goe to and Inhabit within Our said Province

and Territory and every of their Children which shall hap-

pen to be born there or on the Seas in goeing thither or

returning from thence shall have and enjoy all Libertyes

and Immunities of Free and naturall Subjects within any

of the Dominions of Vs Our Heires and Successors to all

Intents Construccons and purposes whatsoever as if they

and every of them were borne within this Our Realme of

England and for the greater Ease and Encouragement of

Our Loveing Subjects Inhabiting our said Province or

Territory of the Massachusetts Bay and of such as shall

come to Inhabit there Wee doe by these presents for vs

Our heires and Successors Grant Establish and Ordaine

that for ever hereafter there shall be a liberty of Con-

science allowed in the Worshipp of God to all Christians

(Except Papists) Inhabiting or which shall Inhabit or be

Resident within our said Province or Territory And Wee

doe hereby Grant and Ordaine that the Gouernor or leiv-

tent or Deputy Gouernor of our said Province or Territory

for the time being or either of them or any two or more of

the Councill or Assistants for the time being as shall be

“hereunto appointed by the said Gouernor shall and may

at all times and from time to time hereafter have full

Power and Authority to Administer and give the Oathes

appointed by the said Act of Parliament made in the first

yeare of Our Reigne to be taken instead of the Oathes of

Allegiance and Supremacy to all and every person and

persons which are now Inhabiting or resideing within our

said Province or Territory or which shall at any time or

times hereafter goe or passe thither And wee doe of our

further Grace certaine knowledge and meer mocon Grant

Establish and Ordaine for Vs our heires and Successors

that the great and Generall Court or Assembly of our said

Province or Territory for the time being Convened as

aforesaid shall for ever have full Power and Authority to

Erect and, Constitute Judicatories and Courts of Record

or other Courts to be held in the name of Vs Our heires

and successors for the Hearing Trying and Determining of

all manner of Crimes Odences Pleas Processes Plaints

Accons Matters Causes and things whatsoever ariseing or

happening within Our said Province or Territory or

between persons Inhabiting or resideing there whether

the same be Criminall or Civill and whether the said

Crimes be Capitall or not Capitall and whether the said

Pleas be Reall personall or mixt and for the awarding and

makeing out of Execution thereupon To which Courts and

Judicatories wee doe hereby for vs our heirs and Succes-

sors Give and Grant full power and Authority from time

to time to Administer oathes for the better Discovery of

Truth in any matter in Controversy or depending before

them And wee doe for vs Our Heires and Successors

Grant Establish and Ordaine that the Gouernor of our

said Province or Territory for the time being with the

Councill or Assistants may doe execute or performe all

that is necessary for the Probate of Wills and Granting of

Administracons for touching or concerning any Interest or

Estate which any person or persons shall have within our

said Province or Territory And whereas Wee judge it nec-

essary that all our Subjects should have liberty to Appeale

to vs our heires and Successors in Cases that may deserve

the same Wee doe by these presents Ordaine that incase

either party shall not rest satisfied with the Judgement or

Sentence of any Judicatories or Courts within our said

Province or Territory in any Personall Accon wherein the

matter in difference doth exceed the value of three hun-

dred Pounds Sterling that then he or they may appeale to

vs Our heires and Successors in our or their Privy Coun-

cill Provided such Appeale be made within Fourteen

dayes after ye Sentence or Judgement given and that

before such Appeale be allowed Security be given by the

party or parties appealing . . . we doe further for vs our

Heires and Successors Give and Grant to the said Gover-

nor and the great and Generall Court or Assembly of our

said Province or Territory for the time being full power

and Authority from time to time to make ordaine and

establish all manner of wholsome and reasonable Orders

Laws Statutes and Ordinances Directions and Instruc-

tions either with penalties or without (soe as the same be

not repugnant or contrary to the Lawes of this our Realme

of England) as they shall Judge to be for the-good and

welfare of our said Province or Territory And for the

Gouernment and Ordering thereof and of the People

Inhabiting or who shall Inhabit the same and for the nec-

essary support and Defence of the Government thereof

And wee doe for vs our Heires and Successors Giue and

grant that the said Generall Court or Assembly shall have

full power and Authority to name and settle annually all

Civill Officers within the said Province such Officers

Excepted the Election and Constitution of whome wee

have by these presents reserved to vs Our Heires and Suc-

cessors or to the Governor of our said Province for the

time being and to Sett forth the severall Duties Powers

and Lymitts of every such Officer to be appointed by the

said Generall Court or Assembly and the formes of such

Oathes not repugnant to the Lawes and Statutes of this,

our Realme of England as shall be respectiuely Adminis-

tered vnto them for the Execution of their severall Offices

and places And alsoe to impose Fines mulcts Imprison-

ments and other Punishments And to impose and leavy

proportionable and reasonable Assessments Rates and

Taxes vpon the Estates and Persons of all and every the

Proprietors and Inhabitants of our said Province or Terri-

tory to be Issued and disposed of by Warrant vnder the

218 ERA 2: Colonization and Settlement

hand of the Governor of our said Province for the time

being with the advice and Consent of the Councill for Our

service in the necessary defence and support of our Gov-

ernment of our said Province or Territory and the Protec-

tion and Preservation of the Inhabitants there according

to such Acts as are or shall be in force within our said

Province and to dispose of matters and things whereby

our Subjects inhabitants of our said Province may be Reli-

giously peaceably and Civilly Governed Protected and

Defended soe as their good life and orderly Conversation

may win the Indians Natives of the Country to the knowl-

edge and obedience of the onely true God and Saviour of

Mankinde and the Christian Faith which his Royall

Majestie our Royall Grandfather king Charles the first in

his said Letters Patents declared was his Royall Intentions

. . . . any time being and resideing within our said Province

or Territory as aforesaid Willing Comanding and Require-

ing and by these presents for vs Our heires and Successors

Ordaining and appointing that all such Orders Lawes

Statutes and Ordinances Instructions and Directions as

shall be soe made and published vnder our Seale of our

said Province or Territory shall be Carefully and duely

observed kept and performed and put in Execution

according to the true intent and meaning of these pre-

sents Provided alwaies and Wee doe by these presents for

vs Our Heires and Successors Establish and Ordaine that

in the frameing and passing of all such Orders Laws

Statutes and Ordinances and in all Elections and Acts of

Government whatsoever to be passed made or done by

the said Generall Court or Assembly or in Councill the

Governor of our said Province or Territory of the Mass-

achusetts Bay in New England for the time being shall

have the Negative voice and that without his consent or

Approbation signified and declared in Writeing no such

Orders Laws Statutes Ordinances Elections or other Acts

of Government whatsoever soe to be made passed or done

by the said Generall Assembly or in Councill shall be of

any Force effect or validity anything herein contained to

the contrary in anywise notwithstanding And wee doe for

vs Our Heires and Successors Establish and Ordaine that

the said Orders Laws Statutes and Ordinances be by the

first opportunity after the makeing thereof sent or Trans-

mitted vnto vs Our Heires and Successors under the

Publique Seale to be appointed by vs for Our or their

approbation or Disallowance And that incase all or any of

them shall at any time within the space of three years next

after the same shall have presented to vs our Heires and

Successors in Our or their Privy Councill be disallowed

and rejected . . . any time being and resideing within our

said Province or Territory as aforesaid Willing Comanding

and Requireing and by these presents for vs Our heires

and Successors Ordaining and appointing that all such

Orders Lawes Statutes and Ordinances Instructions and

Directions as shall be soe made and published vnder our

Seale of our said Province or Territory shall be Carefully

and duely observed kept and performed and put in Exe-

cution according to the true intent and meaning of these

presents Provided alwaies and Wee doe by these presents

for vs Our Heires and Successors Establish and Ordaine

that in the frameing and passing of all such Orders Laws

Statutes and Ordinances and in all Elections and Acts of

Government whatsoever to be passed made or done by

the said Generall Court or Assembly or in Councill the

Governor of our said Province or Territory of the Mass-

achusetts Bay in New England for the time being shall

have the Negative voice and that without his consent or

Approbation signified and declared in Writeing no such

Orders Laws Statutes Ordinances Elections or other Acts

of Government whatsoever soe to be made passed or done

by the said Generall Assembly or in Councill shall be of

any Force effect or validity anything herein contained to

the contrary in anywise notwithstanding And wee doe for

vs Our Heires and Successors Establish and Ordaine that

the said Orders Laws Statutes and Ordinances be by the

first opportunity after the makeing thereof sent or Trans-

mitted vnto vs Our Heires and Successors under the

Publique Seale to be appointed by vs for Our or their

approbation or Disallowance And that incase all or any of

them shall at any time within the space of three years next

after the same shall have presented to vs our Heires and

Successors in Our or their Privy Councill be disallowed

and rejected. . . . Wee doe by these presents for vs Our

Heires and Successors Grant Establish and Ordaine that

the Governor of our said Province or Territory for the

time being shall have full Power by himselfe or by any

Cheif Comander or other Officer or Officers to be

appointed by him from time to time to traine instruct

Exercise and Governe the Militia there and for the spe-

ciall Denfence and Safety of Our said Province or Terri-

tory to assemble in Martiall Array and put in Warlike

posture the Inhabitants of Our said Province or Territory

and to lead and Conduct them and with them to

Encounter Expulse Repell Resist and pursue by force of

Armes aswell by Sea as by Land within or without the

limitts of Our said Province or Territory and alsoe to kill

slay destroy and Conquer by all fitting wayes Enterprises

and meanes whatsoever all and every such Person and

Persons as shall at any time hereafter Attempt or Enter-

prize the destruccon Invasion Detriment or Annoyance of

Our said Province or Territory and to vse and exercise the

Law Martiall in time of actuall Warr Invasion or Rebellion

as occasion shall necessarily require and alsoe from time

to time to Erect Forts and to fortifie any place or Places

within Our said Province or Territory and the same to fur-

nish with all necessary Amunicon Provisions and Stores of

Warr for Odence or Defence and to comitt from time to

The Development of Political, Religious, and Social Institutions in the Colonies 219

time the Custody and Government of the same to such

Person or Persons as to him shall seem meet And the said

Forts and Fortificacons to demolish at his Pleasure and to

take and surprise by all waies and meanes whatsoever all

and every such Person or Persons with their Shipps Arms

Ammuncon and other goods as shall in a hostile manner

Invade or attempt the Invading Conquering or Annoying

of Our said Province or Territory Provided alwayes and

Wee doe by these presents for Vs Our Heires and Succes-

sors Grant Establish and Ordeyne That the said Gov-

ernour shall not at any time hereafter by vertue of any

power hereby granted or hereafter to be granted to him

Transport any of the Inhabitants of Our said Province or

Territory or oblige them to march out of the Limitts of the

same without their Free and voluntary consent or the

Consent of the Great and Generall Court or Assembly or

Our said Province or Territory nor grant Comissions for

exerciseing the Law Martiall vpon any the Inhabitants of

Our said Province or Territory without the Advice and

Consent of the Councill or Assistants of the same Pro-

vided in like manner and Wee doe by these presents for

Vs Our Heires and Successors Constitute and Ordeyne

that when and as often as the Governour of Our said

Province for the time being shall happen to dye or be dis-

placed by Vs Our Heires or Successors or be absent from

his Government That then and in any of the said Cases

the Leivtenant or Deputy Governour of Our said Province

for the time being shall have full power and authority to

doe and excoute all and every such Acts Matters and

things which Our Governour of Our said Province for the

time being might or could by vertue of these Our Letter

Patents lawfully doe or execute if he were personally pre-

sent vntill the returne of the Governour soe absent or

Arrivall or Constitucon of such other Governour as shall

or may be appointed by Vs Our Heires or Successors in

his stead and that when and as often as the Governour and

Leivtenant or Deputy Governour of Our said Province or

Territory for the time being shall happen to dye or be dis-

placed by Vs Our Heires or Successors or be absent from

Our said Province and that there shall be no person within

the said Province Comissionated by Vs Our Heires or Suc-

cessors to be Governour within the same Then and in

every of the said cases the Councill or Assistants of Our

said Province shall have full power and Authority and Wee

doe hereby give and grant vnto the said Councill or Assis-

tants of Our said Province for the time being or the Major

parse of them full power and Authority to doe and execute

all and every such Acts matters and things which the said

Governour or Leivtenant of Deputy Governour of Our

said Province or Territory for the time being might or

could lawfully doe or exercise if they or either of them

were personally present. . . . Provided alwaies and it is

hereby declared that nothing herein shall extend or be

taken to Erect or grant or allow the Exercise of any Admi-

rall Court Jurisdicon Power or Authority but that the same

shall be and is hereby reserved to Vs and Our Successors

and shall from time to time be Erected Granted and exer-

cised by vertue of Commissions to be yssued vnder the

Great Seale of England or vnder the Seale of the High

Admirall or the Comissioners for executing the Office of

High Admirall of England And further Our expresse Will

and Pleasure is And Wee doe by these present for Vs Our

Heires and Successors Ordaine and appoint that these

Our Letters Patents shall not in any manner Enure or be

taken to abridge bar or hinder any of Our loveing Subjects

whatsoever to vse and exercise the Trade of Fishing vpon

the Coasts of New England. . . . And lastly for the better

provideing and furnishing of Masts for Our Royall Navy

Wee doe hereby reserve to Vs Our Heires and Successors

all Trees of the Diameter of Twenty Four Inches and

upwards of Twelve Inches from the ground growing vpon

any soyle or Tract of Land within Our said Province or

Territory not heretofore granted to any private persons

And Wee doe restrains and forbid all persons whatsoever

from felling cutting or destroying any such Trees without

the Royall Lycence of Vs Our Heires and Successors first

had and obteyned vpon penalty of Forfeiting One Hun-

dred Pounds sterling. . . . Notwithstanding In Witnesse

whereof Wee-have caused these our Letters to be made

Patents Witnesse Ourselves att Westminster the Seaventh

Day of October in the Third yeare of Our Reigne

By Writt of Privy Seale

Pigott

Pro Fine in Hanaperio quadragint Marcas

J. Trevor C. S.

K. W. Rawlinson C. S.

L. G. Hutchins C. S.

Source:

Francis Newton Thorpe, ed. The Federal and State Constitu-

tions, Colonial Charters, and Other Organic Laws of the

States, Territories, and Colonies Now or Heretofore Forming

the United States of America. Washington, D.C.: Govern-

ment Printing Office, 1909.

Albany Plan of Union, 1754

Proposal for a federation or union of the British colonies in

America, drafted principally by Benjamin Franklin and

approved by the Albany Congress in June 1754. Delegates

from the colonial assemblies of New Hampshire, Mass-

achusetts, Connecticut, Rhode Island, New York, Pennsylva-

nia, and Maryland were summoned to Albany, New York, to

work out a common plan of defense against the French and

220 ERA 2: Colonization and Settlement

hostile Iroquois tribes. Threatened, they sought a treaty with

the Native Americans and a permanent union of the colonies.

Franklin’s plan provided for a union with a representative

council elected by the colonial assemblies triennially, which

would have the power to impose taxes, nominate civil offi-

cials, regulate Native American affairs, and control the mili-

tary. A president-general, appointed by the British Crown,

would preside over the council and would hold veto power.

The individual colonies, unwilling to give up so much power,

rejected the Albany Plan, as did the British, thinking it would

decrease the power of Parliament and the king.

________________________

_______________________

It is proposed that humble application be made for an act

of Parliament of Great Britain, by virtue of which one gen-

eral government may be formed in America, including all

the said colonies, within and under which government

each colony may retain its present constitution, except in

the particulars wherein a change may be directed by the

said act, as hereafter follows.

1. That the said general government be administered

by a President-General, to be appointed and supported by

the crown; and a Grand Council, to be chosen by the rep-

resentatives of the people of the several Colonies met in

their respective assemblies.

2. That within—months after the passing such act, the

House of Representatives that happen to be sitting within

that time, or that shall be especially for that purpose con-

vened, may and shall choose members for the Grand

Council, in the following proportion, that is to say,

Massachusetts Bay 7 New Hampshire 2 Connecticut 5

Rhode Island 2 New York 4 New Jersey 3 Pennsylvania 6

Maryland 4 Virginia 7 North Carolina 4 South Carolina

4—48

3.—who shall meet for the first time at the city of

Philadelphia, being called by the President-General as

soon as conveniently may be after his appointment.

4. That there shall be a new election of the members

of the Grand Council every three years; and, on the death

or resignation of any member, his place should be supplied

by a new choice at the next sitting of the Assembly of the

Colony he represented.

5. That after the first three years, when the proportion

of money arising out of each Colony to the general treasury

can be known, the number of members to be chosen for

each Colony shall, from time to time, in all ensuing elec-

tions, be regulated by that proportion, yet so as that the

number to be chosen by any one Province be not more

than seven, nor less than two.

6. That the Grand Council shall meet once in every

year, and oftener if occasion require, at such time and

place as they shall adjourn to at the last preceding meeting,

or as they shall be called to meet at by the President-Gen-

eral on any emergency; he having first obtained in writing

the consent of seven of the members to such call, and sent

duly and timely notice to the whole.

7. That the Grand Council have power to choose their

speaker; and shall neither be dissolved, prorogued, nor

continued sitting longer than six weeks at one time, with-

out their own consent or the special command of the

crown.

8. That the members of the Grand Council shall be

allowed for their service ten shillings sterling per diem,

during their session and journey to and from the place of

meeting; twenty miles to be reckoned a day’s journey.

9. That the assent of the President-General be requi-

site to all acts of the Grand Council, and that it be his

office and duty to cause them to be carried into execution.

10. That the President-General, with the advice of the

Grand Council, hold or direct all Indian treaties, in which

the general interest of the Colonies may be concerned; and

make peace or declare war with Indian nations.

11. That they make such laws as they judge necessary

for regulating all Indian trade.

12. That they make all purchases from Indians, for the

crown, of lands not now within the bounds of particular

Colonies, or that shall not be within their bounds when

some of them are reduced to more convenient dimensions.

13. That they make new settlements on such pur-

chases, by granting lands in the King’s name, reserving a

quitrent to the crown for the use of the general treasury.

14. That they make laws for regulating and governing

such new settlements, till the crown shall think fit to form

them into particular governments.

15. That they raise and pay soldiers and build forts for

the defence of any of the Colonies, and equip vessels of

force to guard the coasts and protect the trade on the

ocean, lakes, or great rivers; but they shall not impress men

in any Colony, without the consent of the Legislature.

16. That for these purposes they have power to make

laws, and lay and levy such general duties, imposts, or

taxes, as to them shall appear most equal and just (consid-

ering the ability and other circumstances of the inhabitants

in the several Colonies), and such as may be collected with

the least inconvenience to the people; rather discouraging

luxury, than loading industry with unnecessary burdens.

17. That they may appoint a General Treasurer and Par-

ticular Treasurer in each government when necessary; and,

from time to time, may order the sums in the treasuries of

each government into the general treasury; or draw on them

for special payments, as they find most convenient.

18. Yet no money to issue but by joint orders of the

President-General and Grand Council; except where sums

have been appropriated to particular purposes, and the

President-General is previously empowered by an act to

draw such sums.

The Development of Political, Religious, and Social Institutions in the Colonies 221