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The

governor to have general executive power.

royal, corporate, and proprietary. The governments of all of
them, however, were based on written documents issued by the
English crown and limited by them as well as by statutes passed
by Parliament from time to time. The general outlines for the
government of the royal province, for example, were laid down
in the governor's commission, of which the following, issued by
George III for New Hampshire, may be taken as typical:-

1. The Royal Province *

George the Third by the Grace of God of Great Britain, France, and Ireland, King, Defender of the Faith & so forth.

To our Trusty and well beloved Benning Wentworth Esquire,
Greeting:

Know you, That Wee, reposing especial Trust and Confidence
in the Prudence, Courage and Loyalty of you Benning Went-
worth, of our Especial grace, certain Knowledge and meer motion,
Have thought fit to constitute and appoint you . . . the said
Benning Wentworth to be our Governour and Commander-in-
chief of our province of New Hampshire within our Dominion of
New England in America . . . with all & singular the Powers
and Authoritys hereby granted you for and during our will and

Pleasure:

And we do hereby require & Command you to do & Execute all things in due manner that shall belong unto your said Command and the Trust we have reposed in you according to the several Powers and Directions granted or appointed you by this Present Commission and the Instructions & Authorities herewith given or by such further Powers, Instructions, and Authorities as shall at any time be granted or appointed you under our signet & sign manual or by our Order in our Privy Council & according to such reasonable Laws and Statutes as now are in force or hereafter shall be made & agreed upon by you with the advice & consent of our Council & the Assembly of our said Province and Plantation under your Government, in such manner & form as is hereafter expressed.

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governor's

And wee do hereby give & grant unto you full Power and au- The thority to suspend any of the members of our said Council from council. sitting, Voting & assisting therein, if you shall find just cause for so doing and if it shall at any time happen that by the Death, Departure out of our said Province, suspension of any of our said Councillors, or otherwise there shall be a Vacancy in our said Council, any three whereof we do hereby appoint to be a Quorum, our Will & Pleasure is that you signify the same to us by the first opportunity, that wee may under our signet and sign manual constitute & appoint others in their stead; but that our affairs at that Distance may not suffer for want of a due number of Councillors, if ever it shall happen that there shall be less than seven of them residing in our said Province, Wee do hereby give & grant unto you the said Benning Wentworth full Power & Authority to choose as many Persons out of the Principal Freeholders Inhabitants thereof as will make up the full Number of our said Council to be seven & no more, which persons so chosen & appointed by you shall be to all intents & Purposes Councillors in our said Province until either they shall be confirmed by us or that by the nomination of others by us under our sign manual & signet our Council shall have seven or more Persons in it: And wee do hereby give & grant unto you full Power & Au- Governor thority with the advice & consent of our said Council from time to time as need shall require to summon & call General Assemblys of the said Freeholders & Planters within your Government in manner & form according to the usage of our Province of New Hampshire:

Wee do hereby Declare that the Persons so elected & qualified shall be called & Deemed the General Assembly of that our said Province & Plantation and that you the said Benning Wentworth with the consent of our said Council & Assembly or the major part of them respectively shall have full Power & Authority to make Constitute and ordain Laws, Statutes and Ordinances for the Publick Peace, Welfare and good Government of our said Province & of the People & Inhabitants thereof, and such others

and council empowered to call an assembly.

The governor, coun

cil, and assembly may make

laws.

Laws to be ransmitted or royal pproval.

The overnor's

-eto power.

The appointment f judges.

as shall resort thereto, and for the Benefit of us our Heirs & Suc-
cessors, which said Laws, Statutes & ordinances are not to be
repugnant, but as near as may be agreeable to the laws & Stat-
utes of this our Kingdom of Great Britain.

Provided that all such Statutes & ordinances of what nature &
Duration soever be within three months or sooner after the making
thereof transmitted unto us under our Publick Seal of New Hamp-
shire for our approbation or Disallowance of the same, as also
Duplicates thereof by the next conveyance, and in case any or
all of the said Laws Statutes & ordinances not before confirmed
by us shall at any time be disallowed & not approved & so sig-
nified by us our Heirs or successors under our or their sign manual
& signet or by order of our or their privy Council unto you the
said Benning Wentworth or to the Commander-in-Chief of our
said province for the time being, then such & so many of the said
Laws Statutes & ordinances as shall be so disallowed and not
approved, shall from thence cease, Determine & become utterly
void, & of none effect, any thing to the contrary thereof notwith-
standing.

And to the End that nothing may be passed or done by our said Council or Assembly to the Prejudice of us our Heirs & Successors We will & ordain that you the said Benning Wentworth shall have & enjoy a negative Voice in the making & Passing of all Laws & Statutes & ordinances as aforesaid, and you shall and may likewise from time to time as you shall judge it necessary, adjourn, Prorogue & Dissolve all General Assemblies as aforesaid. Our further Will & Pleasure is, that you shall and may keep and use the Publick Seal of our Province of New Hampshire for sealing all things whatsoever that Pass the Great Seal of our said Province under your Government.

And We do hereby authorize and empower you to constitute and appoint Judges and in cases requisite Commissioners of Oyer and Terminer, Justices of the Peace and other necessary officers and ministers in our said Province for the better administration of Justice and putting the Laws in execution, and to administer

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or cause to be administered unto them such oath or oaths as are usually given for the due execution and Performance of offices and Places and for the clearing of Truth in Judicial Causes.

And we do hereby give and grant unto you full Power and The authority where you shall see cause or shall Judge any offender of pardons granting or offenders in criminal matters or for any Fines or Forfeitures and due unto us fit objects for our mercy to Pardon all such offender reprieves. or offenders, and to remit all such fines and forfeitures, Treason and Willfull murder only excepted, in which cases you shall likewise have Power upon extraordinary occasions to grant reprieves to the offenders until and to the Intent our royal Pleasure may be known therein.

And we do hereby give and grant unto you the said Benning The Wentworth by yourself or by your Captains and Commanders governor as military by you to be authorized, full Power and authority to Levy, arm, commander muster, command and Employ all persons whatsoever residing within our said Province & Plantations, and as occasion shall serve to march from one place to another or to embark them for the resisting and withstanding of all Enemies, Pyrates & rebels both at Land and Sea, and to transport such forces to any of our Plantations in America if necessity shall require for the Defence of the same against the Invasions or attempts of any of our Enemies, and such Enemies, Pirates and rebels, if there shall be occasion to pursue and prosecute in or out of the limits of our said Province & Plantation or any of them, and if it shall so Please God, them to vanquish, apprehend and take, and being taken according to Law to put to Death, or keep or Preserve alive at your discretion, and to Execute martial Law in time of Invasion or other times, when by Law it may be executed, and to do and execute all and every other thing and things which to our Commander-in-Chief doth or ought of right to belong.

The

appoint

Forasmuch as mutinies & Disorders may happen by persons Employed at sea during the time of war, and to the End that such persons as shall be shipped & Employed at sea during the naval time of war, may be the better governed and ordered, We do hereby

officers.

Provisions in case of the death or absence of the

governor.

give and grant unto you the said Benning Wentworth our Gov-
ernor and Commander-in-Chief full Power & authority to consti-
tute and appoint Captains, Lieutenants, masters of ships & other
Commanders & officers, Commissions to Execute the Law mar-
tial, & to use such Proceedings, authorities, Punishments, Correc-
tions and Executions upon any offender or offenders which shall
be seditious, mutinous, Disorderly or any way unruly either at
sea or during the time of their abode or residence in any of the
Ports Harbours or Bays of our said Province or Territories as the
case shall be found to require, according to the martial Law and
the said Directions during the time of War as aforesaid.

And We do hereby command all officers and ministers civil &
military and all other Inhabitants of our said Province to be obedi-
ent aiding and assisting unto you the said Benning Wentworth in
the Execution of this our Commission and of the Powers and
authorities herein contained, and in case of your Death or ab-
sence out of said Province unto such person as shall be appointed
by us to be our Lieutenant Governor or Commander in Chief of
our said Province to whom we do therefore by these Presents give
and grant all & singular the Powers and authorities aforesaid to
be executed & enjoyed by him during our Pleasure or until you
return to our said Province; and, If upon your Death or absence
out of said Province of New Hampshire there be no Person upon
the place Commissionated or appointed by us to be our Lieutenant
Governor or Commander in chief of our said Province, our Will &
Pleasure is that the Eldest Councillor whose Name is first placed
in our said Instructions to you, and who shall be at the time of
your death or absence residing within our said Province, shall take
upon him the administration of the Government and Execute our
said Commission and Instructions and the several Powers and
authorities therein contained.

2. The Corporate Colony

The second type of American colony was a company of men formed into a body corporate by a royal charter and authorized

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