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said vnder the colour and pretext aforesaid & respecting only their owne private Lucre and gaine in their publiq Court or Assembly aforesaid held att New England aforesaid to witt att Westm' aforesaid did make and publish one other Law or Ordinance by them de facto enacted to the effect following that is to say That noe man should be vrged to take an oath or subscribe to any Articles Covenants or Remonstrances of publique and Civill nature but such as the Generall Court (meaning the publique Assembly aforesaid) had considered allowed and required And that noe oath of any Magistrate or other Officer should bind him any further or longer then hee was resident or reputed an Inhabitant of that Jurisdiccon (meaning the bounds and premisses in the said Letters Patents aboue
specified and granted Anð forasmuch as of Fidelity to their divers Inhabitants of that Jurisdiccon who had
long continued amongst them receiveing Proteccon from that Government had as they were informed vttered offensive speeches whereby their fidelity to that Government might justly be suspected and also that divers strangers of Forreigne parts did repaire to them of whose fidelity they had not that assurance which was comonly required of all Governments Ytt was therefore ordered by that Court and the authority thereof That the County Courts or any one Magistrate out of Court should haue power and were thereby authorized to require the oath of Fidelity of all setled Inhabitants amongst them who had not already taken the same as also to require the Oath in the said Law or Ordinance Vnderwritten of all strangers who after two moneths had their abode there And if any person should refuse to take the respective oath he or they should be bound over to the next County Court or Court of Assistants where if he should refuse should forfeit fiue pounds a week for every week he should continue in that Jurisdiccon (meaning the said places lymitts bounds and the premisses aforesaid in the said Letters Patents exprest and granted) after his said refusall vnlesse he could give sufficient security to the Satisfaccon of the Court or Magistrate for his fidelity during his or their residence amongst them Which said Oath soe as aforesaid in the said Law & Ordinance sub
scribed followed in these words You A B
278 Judgment vacating the Charter of Massachusetts.
Return of the
whome you shall make it to be knowne unto them and this Writt Witnes Our selfe att Westm" the Twelveth day of May in the six and Thirtieth yeare of our reigne Att
which said eight dayes of the holy Trinity
before our said soveraigne Lord the king that now is in his Chancery here that is to say att Westm" aforesaid came the said S Robert Sawyer knight his Mas Attorney Gen" who prosecutes this cause for our said Soveraigne Lord the king in his propper person and the Sheriffe of Middx aforesaid did comand the said other Writt in like manner to be executed and returned in forme That yo Govr following that is to say That the said Governor & compy have and Company had nothing nor any of them had Nothing in
any thing in his Baylywick whereby hee might make knowne unto them or any of them nor were they nor any of them found in the same Whereupon the aforesaid S' Robert Sawyer knight the kings Attorney Gen" who prosecutes this cause for our said Soveraigne Lord the king prayed Judgm' and that the said Letters Patents soe as aforesaid to the said Governor and Company made and granted and the Inrollment of the same for the reasons aforesaid forfeited be Cancelled vacated and annihilated and restored into the Chancery of our said Soveraigne Lord the king there to be Cancelled And the said Governor and Company the fourth Day of the Plea of Eight daies of the holy Trinity aboue menconed before the said king in his Chancery here That is to say att Westm" aforesaid being solemnly called did not appeare but made default whose Default is recorded by the said Court here
. Judgment. That Therefore by the said Court here itt is adthe Letters Pat judged That the aforesaid Letters Patents soe
as aforesaid to them the said Governor and Company made and granted and the Inrollment thereof be vacated Cancelled and annihilated and into the said Court restored there to be cancelled The tenor of which said Judgm' Wee haue thought fitt to be exemplified by these presents n witnes whereof Wee haue caused these our Letters to be made Patent Julitnes Our selfe att Westm" the Thirteenth Day of October in the First Yeare of Our Reigne.
[These Orders in Council, concerning New England, were copied from the original books of the Privy Council by George Adlard, Esq., and communicated by J. W. Thornton, Esq. — Eds.]
At Whitehall, the 13th of February, 1660. Present, The
King's most excellent Majestie. Upon reading a Narrative from the Officers and Commissioners of his Mats Customs, setting life in Navigator forth That some Merchants trading for New England, finde themselves much grieved in respect of the strictnesse of the Act for Navigation (lately passed in Parliament,) requiringe Bond to bee given heere, for such Comodityes as shalbee there laden, That the same shalbee brought to some part of England, Ireland or Wales &c And the Comodityes of that Country, being generally Clove-Boards, Pipe-staves and other Tymber, Fish, and such other Gruff [?] Comodityes do better vend in other parts then heere in England, and, by proceed thereof, Comodityes of greater value from Spain and other parts haue been usually imported into England, and his Matie thereby much advantaged in his Revenew. Upon due consideracion whereof, and at the humble suit of some Merchants, now outward bound, upon that Trade, It is thought fitt, and accordingly this day Ordered by this Board (his Majestie present in Council,) That the Right hon the Lord High Treasurer of England do giue power and authority to the Officers and Commissioners of his Mats Customes in this
Port of London, That they take Bond of the Merchants tradeing to those parts, onely to returne the Proceed of those Comodityes that they shall there lade, and not binde them up to returne the Comodityes in specie, the said Clause in the said Act of Navigacion notwithstanding. And further, That the Lord High Treasurer bee (and accordingly hee is) hereby desired to write his effectuall Letters to the Governour of that Plantation, givinge him the same liberty to take the like Bond there, as being most conducible to the benefit and advantage of Trade, and Improvement of his Majesties Revenew. — [Charles II. Vol. II. p. 126.]
At Whitehall the 17th of May 1661. Present, The King's
most excellent Majesty.
It was then ordered by his Majestie in CounNew-England. cell, That the Lord Chancellor, the Lord Treasurer, the Lord Privy Seale, the Duke of Albemarle, the Duke of Ormond, the Lord Chamberlaine, the Earle of Anglesey, Lord Viscount Say & Seale, Lord Hollis, Lord Cornwalleis, Sir Edward Nicholas, and Sr. William Morice Kni principall Secretaryes of State, should bee a Committee touching the settlement of the Government of New-England, and to that end that they or any 4 or more of them should first meete at Worcester-house upon Tewesday next at 3 in the afternoone, then to consider of drawing up and framing such Letters, Proclamations or Orders as they shall judge fitt to offer to his Majestie to signe or publish in referrence to the settlement of the Government of that Plantation. And afterwards the said Committee to meete at such time & place as they shall from time to time appoint, untill they haue perfected that affaire,
Whereas M' Attorney Generall had formerly ration for New directions to prepare a Charter of Corporation
for New England, and to insert therein such names as hee should receive Order for; Whereupon the names of the persons hereafter mencioned beeing this day read and approved of at the Board; It was thereupon Ordered in Councell that M' Attorney Generall should