=And We= do hereby authorize ... you to constitute ... Judges, and, in
cases requisite, Commissioners of Oyer and Terminer, Justices of the
Peace, and other necessary officers ... in our said Province for the
better administration of Justice and putting the Laws in execution....
=And we= do hereby give ... you full Power ... where you shall see
cause, or shall Judge any offenders ... fit objects for our mercy,
to Pardon all such ... offenders, and to remit all ... fines and
forfeitures, Treason and Willfull murder only excepted ... in which
cases you shall likewise have Power, upon extraordinary occasions, to
grant reprieves ... until ... our royal Pleasure may be known....
=And We= do hereby give ... unto you ..., by yourself or by your
Captains ... by you to be authorized, full Power ... to Levy, arm,
muster, command, and Employ all persons whatsoever residing within our
said Province ... for the resisting and withstanding of all enemies,
Pyrates, and rebels ... and to transport such forces to any of our
Plantations in America, if necessity shall require, for the Defence of
the same ... and to Execute martial Law in time of Invasion, or other
times when by Law it may be executed, and to do and execute every other
thing ... which to our Commander-in-Chief doth or ought of right to
belong....
=And We= do hereby command all officers ... civil and military, and all
other Inhabitants ... to be obedient aiding and assisting unto you, the
said Benning Wentworth, in the Execution of this our Commission ... and
in case of your Death, or absence out of our Province, unto such person
as shall be appointed by us to be our Lieutenant Governor ... to whom
we do therefore by these Presents give and grant all and singular the
Powers and authorities aforesaid [and, if no Lieutenant Governor has
been named, then] the Eldest Councillor, whose Name is first placed
in our Instructions to you ... shall take upon him the administration
of the government and Execute our said Commission ... and the several
Powers therein contained.
113. Free Speech Vindicated
(_Trial of John Peter Zenger, 1735._)
Zenger, in 1738, published a "Brief Narrative of the Case and
Tryall," somewhat in the form of a modern "Report," though he
speaks in the first person. In 1735 the governor of New York
removed the chief justice of the colony for personal reasons.
Zenger, in his _Weekly Journal_, vigorously criticized this and
_other despotic_ actions of the governor. He was prosecuted for
criminal libel; and the new chief justice showed a determination
to secure a conviction, trying to limit the jury to deciding only
whether Zenger was responsible for the publication, and reserving
to himself the decision whether the words were punishable. This was
the custom in English courts of the day in government prosecutions.
Italics and black-faced type are as in the original.
Public-domain text, read in full here on John Shaqi.
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