A34660:16
London: printed for F. Coules and W. Ley, 1641
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
Thirdly, To preserve Religion.
4 To oversee the Forts and Munition of the Country, 1and to take order for the protection of the Country from foreign invasion, or intestine sedition, as need shall require, with consent of the people to enterprise wars.
4 To oversee the Forts and Munition of the Countrey, 1and to take order for the protection of the Countrey from forraine invasion, or intestine sedition, as need shall require, with consent of the people to enterprise wars.
And because these great affairs of the State cannot be attended, nor administered, if they be after changed; therefore the Counsellors are to be chosen for life, 1unless they give just cause of removal, which if they do, than they to be removed by the General Court.
And because these great affaires of the State cannot be attended, nor administred, if they be after changed; therefore the Counsellors are to be chosen for life, 1unlesse they give just cause of removall, which if they do, than they to be removed by the Generall Court.
4 The power of the Governor, 1sitting with the Counsellors and Assistants, is to hear and determine all causes whether Civill or Criminal, 2which are brought before him through the whole Common-wealth: Yet reserving liberty of Appeal from him to the general Court.
4 The power of the Governor, 1sitting with the Counsellors and Assistants, is to heare and determine all causes whether Civill or Criminall, 2which are brought before him through the whole Common-wealth: Yet reserving liberty of Appeale from him to the generall Court.
5 Every Town is to have Judges within themselves, 1whose power shall be once in the month, or in three months at the furthest to hear and determine both Civill Causes and Pleas of less value, and crimes also, which are not capital: Yet reserving liberty of Appeal to the Court of Governor and Assistants.
5 Every Town is to have Iudges within themselves, 1whose power shall be once in the month, or in three months at the furthest to heare and determine both Civill Causes and Pleas of lesse value, and crimes also, which are not capitall: Yet reserving liberty of Appeale to the Court of Governor and Assistants.
6 For the better expedition and execution of Justice, and of all affairs incident unto every Court. 1Every Court shall have certain Officers, as a Secretary to enrol all the Acts of the Court; And besides Ministers of Justice, to attach, and fetch, and set persons before the Magistrates; and also to execute the Sentence of the Court upon offenders: And for the same end, it shall be lawful for the Governor or any one or two of the Counsellors, 2or Assistants, or Judges, to give warrant to an Officer, to fetch any delinquent before them, and to examine the cause, 3and if he be found culpable of that crime, to take order by surety or safe custody for his appearance at the Court.
6 For the better expedition and execution of Iustice, and of all affaires incident unto every Court. 1Every Court shall have certaine Officers, as a Secretary to inroll all the Acts of the Court; And besides Ministers of Iustice, to attach, and fetch, and set persons before the Magistrates; and also to execute the Sentence of the Court upon offenders: And for the same end, it shall be lawfull for the Governor or any one or two of the Counsellors, 2or Assistants, or Iudges, to give warrant to an Officer, to fetch any delinquent before them, and to examine the cause, 3and if he be found culpable of that crime, to take order by surety or safe custody for his apparance at the Court.
And further for the same end, and to prevent the offenders lying long in prison, it shall be lawful for the Governor, with one of the Council, or any two of the Assistants or Judges, to see execution done upon any offenders for any crime that is not capital, according to the Laws established: Yet still reserving a liberty of Appeal from them to the Court, and from an Inferior Court to an Higher Court.
And further for the same end, and to prevent the offendours lying long in prison, it shall be lawfull for the Governor, with one of the Counsell, or any two of the Assistants or Iudges, to see execution done upon any offenders for any crime that is not capitall, according to the Lawes established: Yet still reserving a liberty of Appeale from them to the Court, and from an Inferiour Court to an Higher Court.
1 First, All the free Burgesses excepting such as were admitted men before the establishment of Churches in the Country, shall be received and admitted out of the members of some or others of the Churches in the Country, such Churches as are gathered or hereafter shall be gathered with the consent of other Churches already established in the Country, and such members as are admitted by their own Church unto the Lords-Table.
1 FIrst, All the free Burgesses excepting such as were admitted men before the establishment of Churches in the Countrey, shall bee received and admitted out of the members of some or others of the Churches in the Countrey, such Churches as are gathered or herafter shall be gathered with the consent of other Churches already established in the Countrey, and such members as are admitted by their own Church unto the Lords-Table.
2 These free Burgesses shall have power to choose in their own Townes fit and able men out of themselves, to be the ordinary Judges of in feriour Causes, in their own Town, and against the approach of the General Court to choose two or three, as their Deputies and Committees, to join with the Governor and Assistants of the whole Country, to make up and constitute the General Court.
2 These free Burgesses shall have power to choose in their owne Townes fit and able men out of themselves, to be the ordinary Iudges of in feriour Causes, in their own Town, and against the approach of the Generall Court to choose two or three, as their Deputies and Committees, to joyne with the Governour and Assistants of the whole Countrey, to make up and constitute the Generall Court.
3 This General Court shall have power,
3 This Generall Court shall have power,
First, By the Warrant of the Governor or deputy Governor, to assemble once every quarter or half a year or oftener, a• the affairs of the Country shall require, and to sit together till their affairs be dispatched.
First, By the Warrant of the Governor or deputy Governor, to assemble once every quarter or halfe a yeare or oftner, a• the affaires of the Countrey shall require, and to sit together till their affaires bee dispatched.
2 To call the Governor and all the rest of the public Magistrates and Officers into place, and to call them also to account for the breach of any Laws established, or other misdemeanour, and to censure them as the quality of the fact may require.
2 To call the Governour and all the rest of the publike Magistrates and Officers into place, and to call them also to accoumpt for the breach of any Laws established, or other misdeameanour, and to censure them as the quality of the fact may require.
