Oaths to be

Those ap

J.

tiation,

Oath of office.

herewith given you, or by fuch further powers, inftructions and authorities, as fhall at any time hereafter be granted or appointed you under our fignet and fign manual, or by our order in our privy council, and according to fuch reafonable laws and ftatutes as now are in force or hereafter fhall be made and agreed upon by you, with the advice and confent of our council and the affembly of our faid province under your government, in fuch manner and form as is herein after expreffed.

And our will and pleasure is, that you the faid Sir Dantaken by the vers Ofborn, after the publication of thefe our letters pagovernour. tent, do in the first place take the oaths appointed to be taken by an act paffed in the firft year of our late royal father's reign, intitled, "An act for the further fecurity of his Majefty's pointed by perfon and government, and the fucceffion of the crown in the heirs ftat. 1.Geo. of the late princefs Sophia, being proteftants, and for extinguishing the hopes of the pretended prince of Wales and his open and The decla- fecret abettors," as alfo that you make and fubfcribe the detion against claration mentioned in an act of Parliament made in the tranfubftan- twenty-fifth year of the reign of king Charles the Second, mentioned intitled, "An act for preventing dangers which may happen from in ftat. 25 popifh recufants :" and likewife that you take the ufual oath Car. 11. for the due execution of the office and truft of our captaingeneral and governour in chief in and over our faid province of New York and the territories depending thereon, for the due and impartial adminftration of juftice; and further that you take the oath required to be taken by governours of planOath con- tations to do their utmost that the feveral laws relating to cerning the law of trade. trade and the plantations be observed: which faid oaths and declaration our council in our faid province, or any three of the members thereof, have hereby full power and authority, and are required, to tender and adminifter unto you, and in your abfence to our lieutenant-governour, if there be Oaths to be any upon the place; all which being duly performed you taken by fhall adminifter unto each of the members of our faid counmembers of cil, as alfo to our lieutenant-governour, if there be any upon the place, the oaths mentioned in the said act, intitled, “An Thofe ap- act for the further fecurity of his Majefiy's perfon and governftat. 1. Geo. ment, and the fucceffion of the crown in the heirs of the late princess Sophia, being proteftants, and for extinguishing the hopes of the

the council.

pointed by

I.

pretended

Quere, Whether fuch powers would be legally delegated by an inftrument under the King's fignet and fign manual?

above-men

pretended prince of Wales and his open and fecret abettors" as Declaration alfo to cause them to make and subscribe the afore-mentioned tioned. declaration, and to adminster to them the oath for the due Oath of ofexecution of their places and trufts.

fice.

the mem

And we do hereby give and grant unto you full power and Power of authority to fufpend any of the members of our faid council fufpending from fitting, voting, or affifting therein, if you shall find bers of the just cause for fo doing; and, if there fhall be any lieutenant-council. governour, him likewife to fufpend from the execution of his command, and to appoint another in his ftead until our pleafure be known. And if it fhall at any time happen that by the death, departure out of our faid province, or fufpenfion of any of our faid councillors, or otherwife, there fhall be a vacancy in our faid council (any three whereof we do hereby appoint to be a quorum) our will and pleasure is, that you fignify the fame unto us by the firft opportunity, that we may under our fignet and fign manual conftitute and appoint others in their ftead. But, that our Power to affairs may not fuffer at that diftance for want of a due num- appoint new ber of councillors, if ever it fhould happen that there be councillors lefs than feven of them refiding in our faid province, we ber of the do hereby give and grant unto you, the faid Sir Danvers members is Ofborn, full power and authority to chufe as many persons out of the principal freeholders, inhabitants thereof, as will make up the full number of our faid council to be seven and no more; which persons so chofen and appointed by you fhall be to all intents and purposes councillors in our faid province, until either they fhall be confirmed by us, or that, by the nomination of others by us under our fign manual and fignet, our faid council fhall have feven or more persons in it.

till thenum

feven.

of the coun

cil, to call

And we do hereby give and grant unto you full power and Power with authority, with the advice and confent of our faid council, the confent from time to time as need fhall require, to fummon and call general affemblies of the faid freeholders and planters within an affembly. your government according to the ufage of our province of New York. And our will and pleasure is, that the perfons thereupon duly elected by the major part of the freeholders of the refpective counties and places and fo returned, fhall, before their fitting, take the oaths mentioned in the faid act intituled, "An act for the further fecurity of his Majesty's per Oaths to be fon and government, and the fucceffion of the crown in the heirs taken by the of the late princefs Sophia, being proteftants, and for extinguishing members

the

thereof.

The decla

the hopes of the pretended prince of Wales and his open and fecret abettors;" as alfo make and fubfcribe the afore-mentioned deration afore-claration (which oaths and declaration you fhall commiffiomentioned nate fit perfons under our feal of New York to tender and is to be fub- adminifter unto them): and until the fame shall be so taken them. and subscribed, no person shall be capable of fitting, though elected.

fcribed by

Name of And we do hereby declare that the perfons fo elected and members fo qualified fhall be called and deemed The general affembly of qualified. that our province and the territories depending thereon.

elected and

Power to

And you, the faid Sir Danvers Ofborn, by and with the make laws, confent of our faid council and affembly, or the major part of them refpectively, fhall have full power and authority to make, conftitute, and ordain, laws, ftatutes. and ordinances for the public peace, welfare, and good government of our faid province, and of the people and inhabitants thereof, and fuch others as fhall refort thereto, and for the benot be re-nefit of us, our heirs, and fucceffors: which faid laws, ftapugnant to tutes, and ordinances are not to be repugnant, but, as near Great-Bri- as may be, agreeable to the laws and ftatutes of this our tain. kingdom of Great Britain.

which fhall

the laws of

be tranfmit

The laws fo Provided that all fuch laws, ftatutes, and ordinances, of made fhall what nature or duration foever, be, within three months or ted to Eng-fooner after the making thereof, tranfmitted unto us under land within our feal of New York for our approbation or difallowance 3 months. of the fame; as alfo duplicates thereof by the next con

at any time

veyance.

If they are And in cafe any or all of the faid laws, ftatutes, and ordiafter difal-nances, being not before confirmed by us, fhall at any time lowed by be difallowed and not approved, and fo fignified by us, our the king, heirs, or fucceffors, under our, or their, fign manual and they fhall thenceforth fignet, or by order of our, or their, privy council unto you, the faid Sir Danvers Ofborn, or to the commander in chief of our faid province for the time being; then fuch and fo many of the faid laws, ftatutes, and ordinances as fhall be fo difallowed and not approved, fhall from thenceforth cease, determine, and become utterly void and of none effect; any thing to the contrary thereof notwithstanding.

become

void.

The gover

have a nega

And to the end that nothing may be paffed or done by our nour fhall faid council or affembly to the prejudice of us, our heirs, or tive voice a- fucceffors, we will and ordain that you, the faid Sir Danvers gainst both Ofborn, fhall have and enjoy a negative voice in the macouncil and king and paffing of all laws, ftatutes, and ordinances as affembly. aforefaid and you fhall and may likewife from time to time,

as you shall judge it neceffary, adjourn, prorogue, and dif- Power ofadfolve all general affemblies as aforefaid.

journing, proroguing,

fembly;

And our further will and pleasure is, that you fhall and and diffolv may use and keep the public feal of our faid province of ing the afNew York for fealing all things whatfoever that pass the great and to keep feal of our faid province under your government.

and use the

Power to ad

minifter,the

And we do further give and grant unto you, the faid Sir public feal. Danvers Ofborn, full power and authority from time to minifter, or time and at any time hereafter, by yourself, or by any other to authorize to be authorized by you in that behalf, to adminifter and others to adgive the afore-mentioned oaths to all and every fuch per- oaths apfon and perfons as you fhall think fit, who fhall at any pointed by time or times pafs into our faid province or shall be refident ftat.Geo.I. or abiding there.

of the coun

And we do further by these prefents give and grant unto Power with you, the faid Sir Danvers Ofborn, full power and authority, the confent with the advice and confent of our faid council, to erect, cil, to erect conftitute, and establish fuch and fo many courts of judica- courts of jucature and public juftice within our faid province under your dicature, government, as you and they fhall think fit and neceffary for the hearing and determining of all caufes, as well criminal as civil, according to law and equity, and for award- and to coming execution thereupon, with all reafonable and neceffary powers, authorities, fees, and privileges belonging thereun- fit perfons to as alfo to appoint and commiffionate fit perfons in the toadminister

miffionate

the oaths

feveral parts of your government to administer the oaths men. appointed

the declara

tioned in the aforefaid act, intitled, "An act for the further fe- by ftat. I curity of his Majesty's person and government, and the fucceffion of Geo. I. and the crown in the heirs of the late princefs Sophia, being proteftants, tion, against and for extinguifhing the hopes of the pretended prince of Wales and tranfubftanhis open and fecret abettors;" as alfo to tender and adminifter tiation, to the aforefaid declaration, unto fuch perfons belonging to the perfons befaid courts as fhall be obliged to take the fame.

longing to

fuch courts.,

miffioners

And we do hereby authorize and impower you to confti- Powertoaptute and appoint judges, and in cafes requifite commiflioners point of Oyer and Terminer, juftices of the peace, and other ne- judges,comceffary officers and minifters in our faid province for the bet- of Oyer and ter administration of juftice and putting the laws in execution, Terminer, and to adminifter, or caufe to be adminiftered, unto them fuch oath or oaths as are ufually given for the due execution and other and performance of offices and places, and for the clearing officers of of truth in judicial caufes. And we do hereby give and grant unto you full power Power to and authority, where you fhall fee caufe or fhall judge any pardon offender rimes,

G

the peace,

justice,

Power to collate to ecclefiafti

offender or offenders in criminal matters, or for any fines or forfeitures due unto us, fit objects of our mercy, to pardon all fuch offenders, and to remit all fuch offences, fines, and forfeitures, treafon and wilful murder only excepted, in which cafes you fhall likewife have power upon extraordinary occafions to grant reprieves to the offenders until, and to the intent that, our royal pleasure may be known therein.

And we do by these prefents authorize and impower you to collate any perfon or perfons to any churches, chapels, or cal bene- other ecclefiaftical benefices within our faid province and territories aforefaid, as often as any of them fhall happen to be void.

fices.

Power to le

And we do hereby give and grant unto you, the faid Sir vy troops, Danvers Ofborn, by yourself or by your captains and comand employ themagaini manders by you to be authorized, full power and authority to enemies, levy, arm, mufter, command, and employ all perfons whatfopirates, and ever refiding within our faid province of New York and other rebels; the territories under your government, and, as occafion fhall ferve, to march them from one place to another, or to embark them, for the refifting and withstanding of all enemies, pirates, and rebels, both at fea and land; and to transport fuch forces to any of our plantations in America, if neceffity fhali require, for the defence of the fame against the invafions or attempts of any of our enemies; and fuch enemies, pirates, and rebels, if there fhall be occafion, to pursue and profecute in or out of the limits of our faid province and plantations, or any of them, and if it fhall so please God, them to vanquish, apprehend, and, being taken, either according to law to put to death or keep and preferve alive at your dif and to exe-cretion: and to execute martial law in time of invafion, or cute martial other times when by law it may be executed and to do and law in time execute all and every other thing and things which to our captain-general and governour in chief doth, or ought of right to belong.

of war.

cil, to build

forts and

caftles;

Power, with And we do hereby give and grant unto you full power the confent and authority, by and with the advice and confent of our of the coun-faid council, to erect, raife, and build in our faid province of New York and the territories depending thereon, fuch and fo many forts and platforms, caftles, cities, boroughs, towns, and fortifications as you, by the advice aforefaid, fhall judge and to for-neceffary; and the fame, or any of them, to fortify and furtify and furnith them nifh with ordnance, ammunition, and all forts of arms with arms,fit and neceffary for the fecurity and defence of our faid pro&C. vince; and, by the advice aforefaid, the fame again, or any

of