Part III: THE GOVERNOR with his Councell...
THE GOVERNOR with his Councell before exprest is,
i. To see that all Courts established by the Lawes of the Generall Assembly and all Ministers and Officers civill and military doe and execute their severall Duties and Offices respectively according to the Lawes in force, and to punish them for Swerving from the Lawes or Acting contrary to their Trust, as the nature of their offence shall require.
ij. According to the Constituc'ons of the generall Assembly to nominate and Com'issionate the severall Judges members and officers of Courts, whether Majistraticall or Ministeriall and all other civill Officers Coroners [&c.} and their Com'issions powers and authorities to revoke at pleasure Provided that they appoint none but such as are ffreeholders in the Province aforesaid unles the generall Assembly consent.
iij. According to the Constituc'ons of the generall Assembly to appoint Courts and Officers in Cases criminall, and to impower them to inflict penalties upon the offenders against any of the Lawes in force in the said Province, as the said Lawes shall ordeine, whither by ffine imprisonment, banishment corporall punishment or to the taking away of member or of life it selfe if there be cause for it.
iiij. To Place Officers and Soldiers for the safetie, strength, and defence of the fforts Castles Cities &c. according to the number appointed by the generall Assembly to nominate place and com'issionate all Military Officers under the dignitie of the said Governor who is Com'issionated by us over the severall Framed bands and Companies, Constituted by the generall Assembly as Colonels Captains &c. and their Com'issions to revoke at pleasure, the Governor with the advice of his Councell, unles some present danger will not permitt him to advise, to muster and traine all the forces within the said Province, to prosecute War pursue an Enemye, suppresse all Rebellions and Mutinies as well by Sea as by Land, and to exercise the whole Militia as fully as ever by the Graunt from his Royall Highnes can impower him or them to doe, Provided that they appoint noe military forces but what are ffreeholders in the said Province, unles the Generally Assembly shall consent.
v. Where they see cause after Condemnation to Repreive untill the Case be presented, with a coppie of the whole Tryall and proceedings and proofes to the Lords who will accordingly either pardon or com'and execucon of the sentence on the Offender who is in the meane time to be kept in safe custodie till the pleasure of the Lords be knowne.
vj. In case of death or other removall of any of the representatives within the yeare to issue Sum'ons by Writt to the respective Division or Divisions to which he or they were chosen com'anding the ffreeholders of the same to choose others in their stead.
vij. To make Warrants and to Seale grants of Lands according to these our Concessions and the prescripc'ons by the advice of the generall Assembly in such forme as shall be at large sett down in our Instrucc'ons to the Governor in his Com'ission, and which are hereafter exprest.
viij. To Act and doe all other thing or things that may conduce to the safetie peace and well Goverment of the said Province, as they shall see fitt, soe as they bee not contrary to the Lawes of the said Province.