THE Explanatory CHARTER Granted by His Majesty King GEORGE To the Province of the Massachusetts-Bay in New-England.
Accepted by the General Court, Jan. 15th Anno 1725.
Whereas our late Royal Predecessors WILLIAM and MARY, King and Queen of England, &c. Did by their Letters Patents under their Great Seal of England, bearing Date at Westminster, the Seventh of October in the Third Year of their Reign, for Themselves, Their Heirs and Successors, Unite, Erect and Incorpoparate, the Territories and Colonies, commonly called and known by the Names of the Colony of the Massachusetts-Bay and Colony of New-Plimouth, the Province of Mayne, the Territory called Acadie or Nova Scotia, and all that Tract of Land lying between the said Territories of Nova Scotia and the said Province of Mayne into one Real Province by the Name of our Province of the Massachusetts-Bay in New England. And Whereas Their said late Majesties King WILLIAM and Queen MARY, Did by the said recited Letters Patents (amongst other things therein contained) for themselves, their [Page] Heirs and Successors, Ordain and Grant, that there should and might be Convened, Held and Kept by the Governour for the time being, upon every last Wednesday in the Month of May every Year for ever, and at all such other times as the Governour of their said Province should think fit, and appoint a Great and General Court or Assembly, Which said Great and General Court or Assembly should Consist of the Governour and Council, or Assistants for the time being, and of such Freeholders of their said Province or Territories as shou'd be from time to time Elected or Deputed by the Major part of the Freeholders and other Inhabitants of the Respective Towns or Places, who should be present at such Elections: Each of the said Towns and Places being thereby impowred to Elect or Depute Two Persons, and no more, to Serve for and Represent them respectively in the said Great and General Court or Assembly, and that the Governour for the time being should have full Power and Authority from time to time as he shou'd judge necessary▪ to Adjourn, Prorogue, and Dissolve all Great and General Courts or Assembly's Met and Convened as aforesaid. And did thereby also for themselves, their Heirs and Successors, Provide, Establish and Ordain, that in the Framing and Passing of all Orders, Laws, Statutes, and Ordinances, and in all Elections, and Acts of Government whatsoever, to be made, passed or done by the said General Court or Assembly or in Council, The Governour of the said [Page] Province or Territory of the Massachusetts-Bay in New-England for the time being should have the Negative Voice, And that without His Consent or Approbation, signified and declared in Writing, no such Orders, Laws, Statutes, Ordinances, Elections, or other Acts of Government whatsoever, so to be made, passed or done by the said General Assembly, or in Council, should be of any Force, Effect, or Validity, Any thing therein contained to the contrary in any wise Notwithstanding, As in and by the said Letter Patents (Relation being thereunto had) may more fully and at Large appear
AND whereas no Provision is made by the said recited Letters, Patents, touching the Nomination and Election of a Speaker of the Representatives Assembled in any Great and General Court of our said Province, nor any particular reservation made of the Right of Us, our Heirs and Successors to Approve or Disapprove of such Speaker by the Governour of the said Province Appointed, or to be appointed by us or them for the time being: And no Power is Granted by the said Recited Letters Patents to the said House of Representatives to Adjourn themselves for any time whatsoever, By means whereof diverse Doubts and Controversies have arisen within Our said Province, to the Interruption of the Publick Business thereof, and the Obstruction of Our Service, Know ye therefore, that for the Removing the said Doubts and Controversies [Page] and the preventing the like Mischief for the future, And also for the further Explication of the said Recited Letters Patents, We of Our Especial Grace, Certain Knowledge, and Meet Motion, Have Granted, Ordained and Appointed, and by these Presents for Us, our Heirs and Successors, do Will, Grant, Ordain, and Appoint, that for ever hereafter, the Representatives Assembled in any Great or General Court of Our said Province to be hereafter Summoned, shall upon the First Day of their Assembling, Elect a fit Person out of the said Representatives to be Speaker of the House of Representatives, in such General Court, And that the Person so Elected shall from time to time be presented to the Governour of our said Province for the time being, or in his Absence to the Lieut. Governour or Commander in Chief of our said Province for the time being, for his Approbation: To which Governour, Lieut Governour and Commander in Chief respectively, We do hereby for Us, Our Heirs and Successors, give full Power and Authority to Approve or Disapprove of the Person so Elected and Presented, which Approbation or Disapprobation shall be signified by him by Message in Writing under his Hand to the said House of Representatives, and in Case such Governour, Lieut. Governour or Commander in Chief, shall Disapprove of the Person so Elected and presented, or the Person so Elected and Presented being Approved as aforesaid shall happen to dye▪ or by Sickness or otherwise be disabled from Officiating as Speaker, in every [Page] such Case, The said Representatives so Assembled, shall forthwith Elect an other Person to be Speaker of the House of Representatives to be Presented and Approved, or Disapproved, in manner as aforesaid, and so from time to time as often as the Person so Elected and Presented shall be disapproved of, or happen to Dye, or become Disabled as aforesaid.
AND Our further Will and Pleasure is, and We do by these Presents of our more Abundant Grace for Us, Our Heirs and Successors, Grant, Ordain, and Appoint, that it shall and may be Lawful to and for the Representatives Assembled in any Great or General Court of Our said Province for the time being, for ever hereafter, to Adjourn themselves from Day to Day, (and if occasion shall require) for the space of two Days; but not for any longer time, than for the space of two Days without leave from the Governour, or in his Absence from the Lieutenant Governour, or Commander in Chief of Our said Province for the time being, first Had and Obtained in that behalf, any thing in the said Recited Letters, Patents contained to the contrary hereof in any wise notwithstanding
Provided always, THAT nothing in these Presents Contained shall Extend, or be Construed to Extend, to Revoke, Alter, or Prejudice the Power and Authority by the said Recited Letters, Presents, Granted to the Governour of the said Province for the time being▪ to Adjourn, Prorogue and Dissolve all Great and [Page] General Courts or Assembly's of our said Province.
And Lastly, WE do by these Presents, for Us, Our Heirs and Successors, Grant, that these Our Letters, Patents, or the Enrolment, or Exemplification thereof, shall be in and by all things Good, Firm, Valid and Effectual in the Law according to the true Intent and Meaning thereof, Notwithstanding the not Rightly, or Fully Reciting, Mentioning, or Describing, the said Recited Letters Patents, or the Date thereof, or any other Omission, Imperfection, Defect, Matter, Cause or thing whatsoever to the Contrary thereof in any wise notwithstanding.
Whereas His Honour the Lieut. Governour hath laid before this Court in their present Session for their Acceptance, an Explanatory CHARTER, received from his Grace the Duke of New Castle, with a Copy of His Majesty's Order in Council concerning the same, wherein His Majesty hath been pleased to confirm the CHARTER Granted by their late Majesty's King William and Queen Mary, in which former CHARTER there being no express mention made relating to the Choice of a Speaker, and the House's Power of Adjourning, as to both which Points in the said Explanatory CHARTER His Majesty hath been pleased to give particular Direction:
We His Majesty's Loyal & Dutiful Subjects being very desirous to Signalize our Duty and Obedience, which we at all times Owe to His Most Excellent Majesty, have and do hereby Accept of the said Explanatory CHARTER, and shall Act in Conformity thereto for the future, not doubting but that thereby we shall recommend His Majesty's Loyal & Faithful Subjects the Inhabitants of this Province to His further most Gracious Favour and Protection.
Sent up for Concurrence.