Each of the said Townes and Places being hereby impowered to Elect and Depute Two Persons and noe more to serve for and represent them respectively in the said Great and Generall Court . . . To which Great and Generall Court . . . Wee doe hereby

grant full power and authority from time to time to direct . . . what Number each County Towne and Place shall Elect and Depute to serve for and represent them respectively . . . Provided alwayes that noe Freeholder or other Person shall have a Vote in the Election of Members . . . who at the time of such Election shall not have an estate of Freehold in Land within Our said Province or Territory to the value of Forty Shillings per Annum at the least or other estate to the value of Forty pounds Sterling And that every Person who shall be soe elected shall before he sitt or Act in the said Great and Generall Court . . . take the Oaths mentioned in an Act of Parliament 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 Declaration mentioned in the said Act . . . and that the Governour for the time being shall have full power and Authority from time to time as he shall Judge necessary to adjourne Prorogue and dissolve all Great and Generall Courts . . . met and convened as aforesaid And . . . Wee doe . . . Ordeyne that yearly once in every yeare

the aforesaid Number of Eight and Twenty Councillors or Assistants shall be by the Generall Court . . . newly chosen that is to say Eighteen at least of the Inhabitants of or Proprietors of Lands within the Territory formerly called the Collony of the Massachusetts Bay and four at the least of the Inhabitants of or Proprietors 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 Inhabitants of or Proprietors of Land within the Territory lying between the River of Sagadahoc and Nova Scotia... [The General Court may remove assistants from office, and may also fill vacancies caused by removal or death.] And Wee doe further... Ordeyne that it shall and may be

1 See note in Acts and Resolves, vol. I., p. 393. — ED.

...

lawful 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 . . . and for the greater Ease and Encouragement of Our Loveing Subjects Inhabiting our said Province . . . and of such as shall come to Inhabit there We doe . . . Ordaine that for ever hereafter there shall be a liberty of Conscience allowed in the Worshipp of God to all Christians (Except Papists) Inhabiting . . . within our said Province... [Courts for the trial of both civil and criminal cases may be established by the General Court, reserving to the governor and assistants matters of probate and administration.] And whereas Wee judge it necessary that all our Subjects should have liberty to Appeale to us. . . in Cases that may deserve the same Wee doe . . . Ordaine that incase either party shall not rest satisfied with the Judgement or Sentence of any Judicatories or Courts within our said Province . . . in any Personall Action wherein the matter in difference doth exceed the value of three hundred Pounds Sterling that then he or they may appeale to us ... in our . . . Privy Councill. . . And we doe further grant to the said Governor and the great and Generall Court. . . full power and Authority from time to time to make . . . all manner of wholesome and reasonable Orders Laws Statutes and Ordinances Directions and Instructions 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. . . And for the Government and Ordering thereof and of the People Inhabiting . . . the same and for the necessary support and Defence of the Government thereof [and also] 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 us . . . or to the Governor . . . and to Settforth the severall Duties Powers and Lymitts of every such Officer . . . and the forms of such Oathes not repugnant to the Lawes and Statutes of this our Realme of England as shall be respectively Administred unto them for the Execution of their severall Offices and places And

...

alsoe to impose Fines mulcts Imprisonments and other Punishments And to Impose and leavy proportionable and reasonable Assessments Rates and Taxes upon the Estates and Persons of all and every the Proprietors and Inhabitants of our said Province or Territory . . . for Our Service in the necessary defence and support of our Government of our said Province . . . and the Protection and Preservation of the Inhabitants there according to such Acts as are or shall be in force within our said Province. [The governor to have a veto on elections and acts of the General Court] . . . And wee doe . . . Ordaine that the said Orders Laws Statutes and Ordinances be by the first opportunity after the makeing thereof sent or Transmitted unto us . . . for Our . . . approbation or Disallowance And that incase all or any of them shall at any time within the space of three yeares next after the same shall have been presented to us . . in Our . . . Privy Councill be disallowed and rejected . . . then such ... of

...

them as shall be soe disallowed . . . shall thenceforth cease and determine and become utterly void and of none effect [Laws, &c., not disallowed within the three years, to remain in force until repealed by the General Court. Grants of land by the General Court, within the limits of the former colonies of Massachusetts Bay and New Plymouth, and the Province of Maine, excepting the region north and east of the Sagadahoc, to be valid without further royal approval. The governor shall direct the defense of the province, and may exercise martial law in case of necessity;]... Provided alwayes... That the said Governour 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 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 . . . nor grant Commissions for exercising the Law Martiall upon any the Inhabitants of Our said Province . . . without the Advice and Consent of the Councill or Assistants of the same ... Provided alwaies ... that nothing herein shall extend or be taken to allow the Exercise of any Admirall Court Jurisdiction Power or Authority but that the same be and is hereby reserved to Us... and shall from time to time be . . . exercised by vertue of Commissions to be yssued under the Great Seale of

England or under the Seale of the High Admirall or the Commissioners for executing the Office of High Admirall of England. And lastly for the better provideing and furnishing of Masts for Our Royal Navy Wee doe hereby reserve to Us . . . all Trees of the Diameter of Twenty Four Inches and upwards of Twelve Inches from the ground growing upon any soyle or Tract of Land within Our said Province . . . not heretofore granted to any private persons And Wee doe restraine and forbid all persons whatsoever from felling cutting or destroying any such Trees without the Royall Lycence of Us . . . first had and obteyned upon penalty of Forfeiting One Hundred Pounds sterling unto Ous [Us] . . . for every such Tree so felled cutt or destroyed. . . .

No. 25. Navigation Act

April 10/20, 1696

THE Navigation Act of 1672, besides laying duties on certain "enumerated articles," had aimed to provide a more effective system of administration for the colonial customs service; but in the years immediately following the revolution of 1688, the acts of trade, never much regarded in the colonies, were extensively violated. In particular, the lack of a system of registry for English-built ships made the enforcement of the acts difficult, and led to complaints from British merchants of loss of revenue; and it was to supply this lack that the act of 1696 was especially designed. "All further shipping laws were in the nature of detailed regulations, and this act . . . may be said to have added the finishing touch to the colonial system so far as shipping was concerned” (Channing).

REFERENCES. - Text in Statutes of the Realm, VII., 103-107. The act is cited as 7 and 8 Wm. III., c. 22.

AN ACT for preventing Frauds and regulating Abuses in the Plantation Trade.

[Recital that notwithstanding 12 Car. II., c. 18, 15 Car. II., c. 7, 22 & 23 Car. II., c. 26, and 25 Car. II., c. 7, great abuses are committed:] For Remedy thereof for the future bee itt enacted. . . That after . . . [March 25, 1698,] . . . noe Goods or Merchandizes whatsoever shall bee imported into or exported out of any Colony or Plantation to His Majesty in Asia Africa or

America belonging or in his Possession or which may hereafter belong unto or bee in the Possession of His Majesty . . . or shall bee laden in or carried from any One Port or Place in the said Colonies or Plantations to any other Port or Place in the same, the Kingdome of England Dominion of Wales or Towne of Berwick upon Tweed in any Shipp or Bottome but what is or shall bee of the Built of England or of the Built of Ireland or the said Colonies or Plantations and wholly owned by the People thereof or any of them and navigated with the Masters and Three Fourths of the Mariners of the said Places onely (except such Shipps onely as are or shall bee taken Prize . . . And alsoe except for the space of Three Yeares such Foreigne built Shipps as shall bee employed by the Commissioners of His Majesties Navy for the tyme being or upon Contract with them in bringing onely Masts Timber and other Navall Stores for the Kings Service from His Majesties Colonies or Plantations to this Kingdome to bee navigated as aforesaid and whereof the Property doth belong to English Men) under paine of Forfeiture of Shipp

and Goods.

*

V. AND for the more effectuall preventing of Frauds and regulating Abuses in the Plantation Trade in America Bee itt further enacted . . . That all Shipps comeing into or goeing out of any of the said Plantations and ladeing or unladeing any Goods or Commodities whether the same bee His Majesties Shipps of Warr or Merchants Shipps and the Masters and Commanders thereof and their Ladings shall bee subject and lyable to the same Rules Visitations Searches Penalties and Forfeitures as to the entring lading or dischargeing theire respective Shipps and Ladings as Shipps and their Ladings and the Commanders and Masters of Shipps are subject and lyable unto in this Kingdome . . . [by virtue of the act 14 Chas. II., ch. 11]. . . . And that the Officers for collecting and manageing His Majesties Revenue and inspecting the Plantation Trade in any of the said Plantations shall have the same Powers and Authorities for visiting and searching of Shipps and takeing their Entries and for seizing and securing or bringing on Shoare any of the Goods prohibited to bee imported or exported into or out of any the said Plantations or for which any Duties are payable or ought to have beene paid by any of the