| CHARLES, BY THE, GRACE, OF GOD, Kinge of England,
Scotland, Fraunce, and Ireland, Defendor of the Fayth, &c. To all to
whome theis Presents shall come Greeting. WHEREAS, our most Deare and
Royall Father, Kinge James, of blessed Memory, by his Highnes
Letters-patents bearing Date at Westminster the third Day of November, in
the eighteenth Yeare of His Raigne, HATH given and graunted vnto the
Councell established at Plymouth, in the County of Devon, for the
planting, ruling, ordering, and governing of Newe England in America, and
to their Successors and Assignes for ever. all that Parte of America,
lyeing and being in Bredth, from Forty Degrees of Northerly Latitude from
the Equinoctiall Lyne, to forty eight Degrees Of the saide Northerly
Latitude inclusively, and in Length, of and within all the Breadth
aforesaid, throughout the Maine Landes from Sea to Sea; together also with
all the Firme Landes, Soyles, Groundes, Havens, Portes, Rivers, Waters,
Fishing, Mynes, anal Myneralls, as well Royall Mynes of Gould and Silver,
as other Mynes ind Mvneralls, precious Stones, Quarries, and all and
singular other Comodities, Jurisdiccons, Royalties, Priviledges,
Franchesies, and Prehemynences, both within the said Tract of Land vpon
the Mayne, and also within the Islandes and Seas adjoining: PROVIDED
alwayes, That the saide Islandes, or any the Premisses by the said
Letters-patents intended and meant to be graunted, were not then actuallie
possessed or inhabited, by any other Christian Prince or State, nor within
the Boundes, Lymitts, or Territories of the Southerne Colony, then before
graunted by our saide Deare Father, to be planted by divers of his loveing
Subiects in the South Partes. TO HAVE and to houlde, possess, and enjoy
all and singular the aforesaid Continent, Landes Territories, Islandes,
Hereditaments, and Precincts, Seas, Waters, Fishings, with all, and all
manner their Comodities, Royalties, Liberties, Prehemynences, and Proffits
that should from thenceforth arise from thence, with all and.singuler
their Appurtenances, and every Parte and Parcell thereof, vnto the saide
Councell and their Successors and Assignes for ever, to the sole and
proper Vse, Benefitt, and Behoofe of them the saide Councell, and their
Successors and Asignes for ever: To be houlden of our saide most Deare and
Royall Father, his Heires and Successors, as of his Mannor of East
Greenewich in the County of Kent, in free and comon Soccage, and not in
Capite nor by Knight's Service: YEILDINGE and paying therefore to the
saide late Kinge, his heires and Successors, the fifte Parte of the Oare
of Gould and Silver, which should from tyme to tyme, and at all Tymes then
after happen to be found, gotten, had, and obteyned in, att, or within any
of the saide Landes, Lymitts, Territories, and Precincts, or in or within
any Parte or Parcell thereof, for or in Respect of all and all Manner of
Duties, Demaunds anr Services whatsoever, to be don, made, or paide to our
saide Dear Father the late Kinge his Heires and Successors, as in and by
the saide Letters-patents (amongst sundrie and other Clauses, Powers,
Priviledges, and Grauntes therein conteyned), more at large appeareth:
AND WHEREAS, the saide Councell established at Plymouth,
in the County of Devon, for the plantinge, ruling, ordering, and governing
of Newe England in America, have by their Deede, indented vnder their
Comon Seale, bearing Date the nyneteenth Day of March last past, in the
third Yeare of our Raigne, given, graunted, bargained, soulde, enfeofled,
aliened, and confirmed to Sir Henry Rosewell, Sir John Young, Knightes,
Thomas Southcott, John Humphrey, John Endecott, and Symon Whetcombe, their
Heires and Assignes, and their Associats for ever, all that Parte of Newe
England in America aforesaid, which lyes and extendes betweene a greate
River there comonlie called Monomack alias Merriemack, and a certen other
River there, called Charles River, being in the Bottome of a certayne Bay
there, comonlie called Massachusetts, alias Mattachusetts, alias
Massatusetts Bay, and also all and singuler those Landes and Hereditaments
whatsoever, lyeing within the Space of three English Myles on the South
Parte of the said Charles River, or of any, or everie Parte thereof; and
also, all and singuler the Landes and Hereditaments whatsoever, lyeing and
being within the Space of three English Myles to the Southward of the
Southermost Parte of the saide Bay called Massachusetts, alias
Mattachusetts, alias Massatusets Bay; and also, all those Landes and
Hereditaments whatsoever, which lye, and be within the space of three
English Myles to the Northward of the said River called Monomack, alias
Merrymack, or to the Northward of any and every Parte thereof, and all
Landes and Hereditaments whatsoever, lyeing within the Lymitts aforesaide,
North and South in Latitude and breath, and in Length and Longitude, of
and within all the Bredth aforesaide, throughout the Mayne Landes there,
from the Atlantick and Westerne Sea and Ocean on the East Parte, to the
South Sea on the West Parte; and all Landes and Groundes, Place and
Places, Soyles, Woodes and Wood Groundes, Havens, Portes, Rivers, Waters,
Fishings, and Hereditaments whatsoever, lyeing within the said Boundes and
Lymitts, and everie Parte and Parcell thereof; and also, all Islandes
lyeing in America aforesaide, in the saide Seas or either of them on the
Westerne or Eastern Coastes or Partes of the said Tractes of Lande, by the
saide Indenture mencoed to be given, graunted, bargained, sould, enfeofled,
aliened, and confirmed, or any of them; and also, all Mynes and Myneralls,
as well Royall Mynes of Gould and Silver, as other Mynes and Myneralls
whatsoeuer, in the saide Lands and Premisses, or any Parte thereof; and
all Jurisdiccons, Rights, Royalties, Liberties, Freedomes, Ymmunities,
Priviledges, Franchises, Preheminences, and Comodities whatsoever, which
they, the said Councell established at Plymouth, in the County of Devon,
for the planting, ruling, ordering, and governing of Newe England in
America, then had, or might vse, exercise, or enjoy, in or within the
saide Landes and Premisses by the saide Indenture mencoed to be given,
graunted, bargained, sould, enfeoffed, and confirmed, or in or within any
Parte or Parcell thereof:
To HAVE and to hould, the saide Parte of Newe England in
America, which lyes and extendes and is abutted as aforesaide, and every
Parte and Parcell thereof; and all the saide Islandes, Rivers, Portes,
Havens, Waters, Fishings, Mynes, and Myneralls, Jurisdiccons, Franchises,
Royalties, Liberties, Priviledges, Comodities, Hereditaments, and
Premisses whatsoever, with the Appurtenances vnto the saide Sir Henry
Rosewell, Sir John Younge, Thomas Southcott, John Humfrey, John Endecott,
and Simon Whetcombe, their Heires and Assignes, and their Associatts, to
the onlie proper and absolute vse and Behoofe of the said Sir Henry
Rosawell, Sir John Younge, Thomas Southcott, John Humfrey, John Endecott,
and Simon Whettcombe, their Heires and Assignes, and their Associatts
forevermore; TO BE HOULDEN of Vs. our Heires and Successors, as of our
Mannor of Eastgreenwich, in the County of Kent, in free and comon Soccage,
and not in Capite, nor by Knightes Service; YEILDING and payeing therefore
vnto Vs. our Heires and Successors, the fifte Parte of the Oare of Goulde
and Silver, which shall from Tyme to Tyme, and at all Tymes hereafter,
happen to be founde, gotten, had, and obteyned in any of the saide Landes,
within the saide Lymitts, or in or witllin any Parte thereof, for, and in
Satisfaccon of all manner Duties, Demaundes, and Services whatsoever to be
done, made, or paid to Vs. our Heires or Successors, as in and by the said
recited Indenture more at large maie appeare.
NOWE Knowe Yee, that Wee, at the humble Suite and
Peticon of the saide Sir Henry Rosewell, Sir John Younge, Thomas Southcott,
John Humfrey, John Endecott, and Simon Whetcombe, and of others whome they
have associated vnto them, HAVE, for divers good Causes and consideracons,
vs moveing, graunted and confirmed, and by theis Presents of our especiall
Grace, certen Knowledge, and meere mocon, doe graunt and confirme vnto the
saide Sir Henry Rosewell, Sir John Younge, Thomas Southcott, John Humfrey,
John Endecott, and Simon Whetcombe, and to their Associatts hereafter
named; (videlicet) Sir Richard Saltonstall, Knight, Isaack Johnson, Samuel
Aldersey, John Ven, Mathew Cradock, George Harwood, Increase Nowell,
Richard Perry, Richard Bellingham, Nathaniell Wright, Samuel Vassall,
Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuell Browne,
Thomas Hutchins, William Vassall, William Pinchion, and George Foxcrofte,
their Heires and Assignes, all the saide Parte of Newe England in America,
lyeing and extending betweene the Boundes and Lvmytts in the said recited
Indenture expressed, and all Landes and Groundes, Place and Places, Soyles,
Woods and Wood Groundes, Havens, Portes, Rivers, Waters, Mynes, Mineralls,
Jurisdiccons, Rightes, Royalties, Liberties, Freedomes, Immunities,
Priviledges, Franchises, Preheminences, Hereditaments, and Comodities
whatsoever, to them the saide Sir Henry Rosewell, Sir John Younge, Thomas
Southcott, John Humfrey, John Endecott, and Simon Whetcombe, theire Heires
and Assignes, and to their Associatts, by the saide recited Indenture,
given, graunted, bargayned, solde, enfeoffed, aliened, and confirmed, or
mencoed or intended thereby to be given, graunted, bargayned, sold,
enfeoffed, aliened, anal confirmed: To HAVE, and to hould, the saide Parte
of Newe England in America, and other the Premisses hereby mencoed to be
graunted and confirmed, and every Parte and Parcell thereof with the
Appurtenuces, to the saide Sir Henry Rosewell, Sir John Younge, Sir
Richard Saltonstall, Thomas southcott, John Humfrey, John Endecott, Simon
Whetcombe, Isaack Johnson, Richard Pery, Richard Bellingham, Nathaniell
Wright, Samuell Vassall, Theophilus Eaton, Thomas Gode, Thomas Adams, John
Browne, Samuel Bromine, Thomas Hutchins, Samuel Aldersey, John Ven,
Mathewe Cradock, George Harwood, Increase Nowell, William Vassall, William
Pinchion, and George Foxcrofte, their Heires and Assignes forever, to
their onlie proper and absolute Vse and Behoofe for evermore; To be holden
of Vs. our Heires and Successors, as of our Mannor of Eastgreenewich
aforesaid, in free and comon Socage, and not in Capite, nor by Knights
Service; AND ALSO YEILDING and paying therefore to Vs. our Heires and
Successors, the fifte parte onlie of all Oare of Gould and Silver, which
from tyme to tyme, and aft all tymes hereafter shalbe there gotten, had,
or obteyned for all Services, Exaccons and Demaundes whatsoever, according
to the Tenure and Reservacon in the said recited Indenture expressed.
AND FURTHER, knowe yee, that of our more especiall
Grace, certen Knowledg, and meere mocon, Wee have given and graunted, and
by theis Presents, doe for Vs. our Heires and Successors, give and graunte
onto the saide Sir Henry Rosewell, Sir John Younge. Sir Richard
Saltonstall, Thomas Southcott, John Humfrey, John Endecott, Symon
Whetcombe, Isaack Johnson, Samuell Aldersey, John Ven, Mathewe Cradock,
George Harwood, Increase Nowell, Richard Pery, Richard Bellingham,
Nathaniel Wright, Samuell Vassall, Theophilus Eaton, Thomas Gode, Thomas
Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall,
William Pinchion, and George Foxcrofte, their Heires and Assignes, all
that Parte of Newe England in America, which lyes and extendes betweene a
great River there, comonlie called Monomack River, alias Merrimack River,
and a certen other River there, called Charles River, being in the Bottome
of a certen Bay there, comonlie called Massachusetts, alias Mattachusetts,
alias Massatusetts Bay; and also all and singuler those Landes and
Hereditaments whatsoever, lying within the Space of Three Englishe Myles
on the South Parte of the said River, called Charles River, or of any or
every Parte thereof; and also all and singuler the Landes and
Hereditaments whatsoever, lying and being within the Space of Three
Englishe Miles to the southward of the southermost Parte of the said Baye,
called Massachusetts, alias Mattachusetts, alias Massatusets Bay: And also
all those Landes and Hereditaments whatsoever, which lye and be within the
Space of Three English Myles to the Northward of the saide River, called
Monomack, alias Merrymack, or to the Norward of any and every Parte
thereof, and all Landes and Hereditaments whatsoever, lyeing within the
Lymitts aforesaide, North and South, in Latitude and Bredth, and in Length
and Longitude, of and within all the Bredth aforesaide, throughout the
mayne Landes there, from the Atlantick and Westerne Sea and Ocean on the
East Parte, to the South Sea on the West Parte; and all Landes and
Groundes, Place and Places, Soyles, Woodes, and Wood Groundes, Havens,
Portes, Rivers, Waters, and Hereditaments whatsoever, lyeing within the
said Boundes and Lymytts, and every Parte and Parcell thereof; and also
all Islandes in America aforesaide, in the saide Seas, or either of them,
on the Westerne or Easterne Coastes, or Partes of the saide Tracts of
Landes hereby mencoed to be given and graunted, or any of them; and all
Mynes and Mynerals as well Royal mynes of Gold and Silver and other mynes
and mynerals, whatsoever, in the said Landes and Premisses, or any parte
thereof, and free Libertie of fishing in or within any the Rivers or
Waters within the Boundes and Lymytts aforesaid, and the Seas therevnto
adjoining; and all Fishes, Royal Fishes, Whales, Balan, Sturgions, and
other Fishes of what Kinde or Nature soever, that shall at any time
hereafter be taken in or within the saide Seas or Waters, or any of them,
by the said Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall,
Thomas Southcott, John Humfrey, John Endecott, Simon Whetcombe, Isaack
Johnson, Samuell Aldersey, John Ven, Mathewe Cradock, Greorge Harwood,
Increase Noell, Richard Pery, Richard Bellingham, Nathaniell Wright,
Samuell Vassell, Theophilus Eaton, Thomas Goffe, Thomas Adams, John
Browne, Samuell Browner, Thomas Hutchins, William Vassall, William
Pinchion, and George Foxcrofte, their Heires and Assignes, or by any other
person or persons whatsoever there inhabiting, by them, or any of them, to
be appointed to fishe therein.
PROVIDED alwayes, That yf the said Landes, Islandes, or
any other the Prernisses herein before menconed, and by theis presents,
intended and meant to be graunted, were at the tyme of the graunting of
the saide former Letters patents, dated the Third Day of November, in the
Eighteenth Yeare of our said deare Fathers Raigne aforesaide, actuallie
possessed or inhabited by any other Christian Prince or State, or were
within the Boundes, Lymytts or Territories of that Southerne Colony, then
before graunted by our said late Father, to be planted by divers of his
loveing Subiects in the south partes of America, That then this present
Graunt shall not extend to any such partes or parcells thereof, soe
formerly inhabited, or lyeing within the Boundes of the Southerne
Plantacon as aforesaide, but as to those partes or parcells soe possessed
or inhabited by such Christian Prince or State, or being within the
Bounders aforesaide shal be vtterlie voyd, theis presents or any Thinge
therein conteyned to the contrarie notwithstanding. To HAVE and hould,
possesse and enioye the saide partes of New England in America, which lye,
extend, and are abutted as aforesaide,and every parse and parcell thereof;
and all the Islandes, Rivers, Portes, Havens, Waters, Fishings, Fishes,
Mynes, Myneralls, Jurisdiccons, Franchises, Royalties, Liberties,
Priviledges, Comodities, and Premisses whatsoever, with the Appurtenances,
vnto the said Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall,
Thomas Southcott, John Humfrey, John Endecott, Simon Whetcombe, Isaack
Johnson, Samuell Aldersey, John yen, Mathewe Cradock, George Harwood,
Increase Noweil, Richard Perry, Richard Bellingham, Nathaniell Wright,
Samuell Vassall, Theophilus Eaton, Thomas Gofle, Thomas Adams, John
Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pinchion,
and George Foxeroft, their Heires and Assignes forever, to the onlie
proper and absolute Vse and Behoufe of the said Sir Henry Rosewell, Sir
John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John
Endecott, Simon Whetcombe, Isaac Johnson, Samuell Aldersey, John Ven,
Mathewe Cradocke, George Harwood, Increase Noweil, Richard Pery, Richard
Bellingham, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas
Goffe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William
Vassall, William Pinchion, and George Foxcroft, their Heires and Assignes
forevermore: To BE HOLDEN of Vs. our Heires and Successors, as of our
Manor of Eastgreenwich in ouF Countie of Kent, within our Realme of
England, in free and comon Soccage, and not in Capite, nor by Knights
Service; and also yeilding and paying therefore, to Vs. our Heires and
Sucessors, the fifte Parte onlie of all Oare of Gould and Silver, which
from tyme to tyme, and at all tymes hereafter, shal be there gotten, had,
or obteyned, for all Services, Exaccons, and Demaundes whatsoever;
PROVIDED alwaies, and our expresse Will and Meaninge is, that onlie one
fifte Parte of the Gould and Silver Oare above mencoed, in the whole, and
noe more be reserved or payeable vnto Vs. our Heires and Successors, by
Collour or Vertue of theis Presents, the double Reservacons or rentals
aforesaid or any Thing herein conteyned notwithstanding. AND FORASMUCH, as
the good and prosperous Successe of the Plantacon of the saide Partes of
Newe-England aforesaide intended by the said Sir Henry Rosewell, Sir John
Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John
Endecott, Simon Whetcombe, Isaack Johnson, Samuell Aldersey John Ven,
Mathew Cradock, George Harwood, Increase Noell, Richard Pery, Richard
Bellingham, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas
Goffe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William
Vassall, William Pinchion, and George Foxcrofte, to be speedily sett vpon,
cannot but cheifly depend, next vnder the Blessing of Almightie God, and
the support of our Royall Authoritie vpon the good Government of the same,
To the Ende that the Affaires and Buyssinesses which from tyme to tyme
shall happen and arise concerning the saide Landes, and the Plantation of
the same maie be the better mannaged and ordered, WEE HAVE FURTHER hereby
of our especial Grace, certain Knowledge and mere Mocon, Given, graunted
and confirmed, and for Vs. our Heires and Successors, doe give, graunt,
and confirme vnto our said trustie and welbeloved subjects Sir Henry
Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John
Humfrey, John Endicott, Simon Whetcombe, Isaack Johnson, Samuell Aldersey,
John yen, Mathewe Cradock, George Harwood, Increase Nowell, Richard Pery,
Richard Bellingham, Nathaniell Wright, Samuell Vassall, Theophilus Eaton,
Thomas Goffe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins,
William Vassall, William Pinchion, and George Foxcrofte: AND for Vs. our
Heires and Successors, Wee will and ordeyne, That the saide Sir Henry
Rosewell, Sir John Young, Sir Richard Saltonstall, Thomas Southcott, John
Humfrey, John Endicott, Svmon Whetcombe, Isaack Johnson, Samuell Aldersey,
John Ven, Mathewe Cradock, George Harwood, Increase Noell, Richard Pery,
Richard Bellingham, Nathaniell Wright, Samuell Vassall, Theophilus Eaton,
Thomas Goffe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins,
William Vassall, William Pinchion, and George Foxcrofte, and all such
others as shall hereafter be admitted and made free of the Company and
Society hereafter mencoed, shall from tyme to tyme, and att all tymes
forever hereafter be, by Vertue of theis presents, one Body corporate and
politique in Fact and Name, by the Name of the Governor and Company of the
Mattachusetts Bay in Newe-England, and them by the Name of the Governour
and Company of the Mattachusetts Bay in Newe-England, one Bodie politique
and corporate, in Deede, Fact, and Name; Wee doe for vs. our Heires and
Successors, make, ordoyne, constitute, and confirme by theis Presents, and
that by that name they shall have perpetuall Succession, and that by the
same Name they and their Successors shall and maie be capeable and enabled
aswell to implead, and to be impleaded, and to prosecute, demaund, and
aunswere, and be aunsweared veto, in all and singuler Suites, Causes,
Quarrells, and Accons, of what kinde or nature soever. And also to have,
take, possesse, acquire, and purchase any Landes, Tenements, or
Hereditaments, or any Goodes or Chattells, and the same to lease, graunte,
demise, alien, bargaine, sell, and dispose of, as other our liege People
of this our Realme of England, or any other corporacon or Body politique
of the same may lawfully doe.
AND FURTHER, That the said Governour and Companye, and
their Successors, maie have forever one comon Seale, to be vsed in all
Causes and Occasions of the said Company, and the same Seale may alter,
chaunge, breake, and newe make, from tyme to tyme, at their pleasures. And
our Will and Pleasure is, and Wee doe hereby for Vs. our Heires and
Successors, ordeyne and graunte, That from henceforth for ever, there
shalbe one Governor, one Deputy Governor, and eighteene Assistants of the
same Company, to be from tyme to tyme constituted, elected and chosen out
of the Freemen of the saide Company, for the tyme being, in such Manner
and Forme as hereafter in theis Presents is expressed, which said Officers
shall applie themselves to take Care for the best disposeing and ordering
of the generall buysines and Affaires of, for, and concerning the said
Landes and Premisses hereby mencoed, to be graunted, and the Plantacion
thereof, and the Government of the People there. AND FOR the better
Execucon of our Royall Pleasure and Graunte in this Behalf, WEE doe, by
theis presents, for Vs. our Heires and Successors, nominate, ordeyne,
make, & constitute; our welbeloved the saide Mathewe Cradocke, to be
the first and present Governor of the said Company, and the saide Thomas
Goffe, to be Deputy Governor of the saide Company, and the saide Sir
Richard Saltonstall, Isaack Johnson, Samuell Aldersey, John Ven, John
Humfrey, John Endecott, Simon Whetcombe, Increase Nowell, Richard Pery,
Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Adams, Thomas
Hutchins, John Browne, George Foxcrofte, William Vassall, and William
Pinchion, to be the present Assistants of the saide Company, to continue
in the saide several Offices respectivelie for such tyme, and in such
manner, as in and by theis Presents is hereafter declared and appointed.
AND FURTHER, Wee will, and by theis Presents, for Vs.
our Heires and Successors, doe ordoyne and graunte, That the Governor of
the saide Company for the tyme being, or in his Absence by Occasion of
Sicknes or otherwise, the Deputie Governor for the tyme being, shall have
Authoritie from tyme to tyme vpon all Occasions, to give order for the
assembling of the saide Company, and calling them together to consult and
advise of the Bussinesses and Affaires of the saide Company, and that the
said Governor, Deputie Governor, and Assistants of the saide Company, for
the tyme being, shall or maie once every Moneth, or oftener at their
Pleasures, assemble and houlde and keepe a Courte or Assemblie of
themselves, for the better ordering and directing of their Affaires, and
that any seaven or more persons of the Assistants, togither with the
Governor, or Deputie Governor soe assembled, shalbe saide, taken, held,
and reputed to be, and shalbe a full and sufficient Courte or Assemblie of
the said Company, for the handling, ordering, and dispatching of all such
Buysinesses and Occurrents as shall from tyme to tyme happen, touching or
concerning the said Company or Plantacon; and that there shall or maie be
held and kept by the Governor, or Deputie Governor of the said Company,
and seaven or more of the said Assistants for the tyme being, vpon every
last Wednesday in Hillary, Easter, Trinity, and Michas Termes
respectivelie forever, one grease generall and solempe assemblie, which
foure generall assemblies shalbe stiled and called the foure grease and
generall Courts of the saide Company; IN all and every, or any of which
saide grease and generall Courts soe assembled, WEE DOE for Vs. our Heires
and Successors, give and graunte to the said Governor and Company, and
their Successors, That the Governor, or in his absence, the Deputie
Governor of the saide Company for the tyme being, and such of the
Assistants and Freeman of the saide Company as shalbe present, or the
greater nomber of them so assembled, whereof the Governor or Deputie
Governor and six of the Assistants at the least to be seaven shall have
full Power and authoritie to choose, nominate, and appointe, such and soe
many others as they shall thinke fitt, and that shall be willing to accept
the same, to be free of the said Company and Body, and them into the same
to admits; and to elect and constitute such Officers as they shall thinke
fitt and requisite, for the ordering, mannaging, and dispatching of the
Affaires of the saide Govenor and Company, and their Successors; And to
make Lawes and Ordinnces for the Good and Welfare of the saide Company,
and for the Government and ordering of the saide Landes and Plantacon, and
the People inhabiting and to inhabite the same, as to them from tyme to
tyme shalbe thought meete, soe as such Lawes and Ordinances be not
contrarie or repugnant to the Lawes and Statuts of this our Reaime of
England. AND, our Will and Pleasure is, and Wee doe hereby for Vs, our
Heires and Successors, establish and ordeyne, That yearely once in the
yeare, for ever hereafter, namely, the last Wednesdav in Easter Tearme,
yearely, the Governor, Deputy-Governor, and Assistants of the saide
Company and all other officers of the saide Company shalbe in the Generall
Court or Assembly to be held for that Day or Tyme, newly chosen for the
Yeare ensueing by such greater parse of the said Company, for the Tyme
being, then and there present, as is aforesaide. AND, yf it shall happen
the present governor, Deputy Governor, and assistants, by theis presents
appointed, or such as shall hereafter be newly chosen into their Roomes,
or any of them, or any other of the officers to be appointed for the said
Companv, to dye, or to be removed from his or their severall Offices or
Places before the saide generall Day of Eleccon (whome Wee doe hereby
declare for any Misdemeanor or Defect to be removeable by the Governor,
Deputie Governor, Assistants, and Company, or such greater Parte of them
in any of the publique Courts to be assembled as is aforesaid) That then,
and in every such Case, it shall and male be lawfull, to and for the
Governor, Deputie Governor, Assistants, and Company aforesaide, or such
greater Parte of them soe to be assembled as is aforesaide, in any of
their Assemblies, to proceade to a new Eleccon of one or more others of
their Company in the Roome or Place, Roomes or Places of such Officer or
Officers soe dyeing or removed according to their Discrecons, And,
Mediately vpon and after such Eleccon and Eleccons made of such Governor,
Deputie Governor, Assistant or Assistants, or any other officer of the
saide Company, in Manner and Forme aforesaid, the Authoritie, Office, and
Power, before given to the former Governor, Deputie Governor, or other
Officer and Officers soe removed, in whose Steade and Place newe shabe soe
chosen, shall as to him and them, and everie of them, cease and determine
PROVIDED alsoe, and our Will and Pleasure is, That
aswell such as are by theis Presents appointed to be the present Governor,
Deputie Governor, and Assistants of the said Company, as those that shall
Succeed them, and all other Officers to be appointed and chosen as
aforesaid, shall, before they undertake the Execucon of their saide
Offices and Places respectivelie, take their Corporal Oathes for the due
and faithfull Performance of their Duties in their severall Offices and
Places, before such Person or Persons as are bv theis Presents hereunder
appointed to take and receive the same; That is to sale, the saide Mathewe
Cradock, whoe is hereby nominated and appointed the present Governor of
the saide Company, shall take the saide Oathes before one or more of the
Masters of our Courte of Chauncery for the Tyme being, vnto which Master
or Masters of the Chauncery, Wee doe by theis Presents give full Power and
Authoritie to take and administer the said Oathe to the said Governor
accordinglie: And after the saide Governor shalbe soe sworne, then the
said Deputy Governor and Assistants, before by theis Presents nominated
and appointed, shall take the said severall Oathes to their Offices and
Places respectivelie belonging, before the said Mathew Cradock, the
present Governor, soe formerlie sworne as aforesaide. And every such
person as shall be at the Tyme of the annuall Eleccon, or otherwise, vpon
Death or Removeall, be appointed to be the newe Governor of the said
Company, shall take the Oathes to that Place belonging, before the Deputy
Governor, or two of the Assistants of the said Company at the least, for
the Tyme being: And the newe elected Deputie Governor and Assistants, and
all other officers to be hereafter chosen as aforesaide from Tyme to Tyme,
to take the Oathes to their places respectivelie belonging, before the
Governor of the said Company for the Tyme being, vnto which said Governor,
Deputie Governor, and assistants, Wee doe by theis Presents Dive full
Power and Authoritie to give and administer the said Oathes respectively,
according to our true Meaning herein before declared, without any
Comission or further Warrant to be had and obteyned of our Vs. our Heires
or Successors, in that Behalf. AND, Wee doe further, of our especial
Grace, certen Knowledge, and meere mocon, for Vs. our Heires and
Successors, give and graunte to the said Governor and Company, and their
Successors for ever by theis Presents, That it shalbe lawfull and free for
them and their Assignes, at all and every Tyme and Tymes hereafter, out of
any our Realmes or Domynions whatsoever, to take, leade, carry, and
transport, for in and into their Voyages, and for and towardes the said
Plantacon in Newe England, all such and soe many of our loving Subjects,
or any other strangers that will become our loving Subjects, and live
under our Allegiance, as shall willinglie accompany them in the same
Voyages and Plantacon; and also Shippmg, Armour, Weapons, Ordinance,
Municon, Powder, Shott, Come, Victualls, and all Manner of dothing,
Implements, Furniture, Beastes, Cattle, Horses, Mares, Merchandizes, and
all other Thinges necessarie for the saide Plantacon, and for their Vse
and Defence, and for Trade with the People there, and in passing and
returning to and fro, any Lawe or Statute to the contrarie hereof in any
wise notwithstanding; and without payeing or yeilding any Custome or
Subsidie, either inward or outward, to Vs. our Heires or Successors, for
the same, by the Space of seaven Yeares from the Day of the Date of theis
Presents. PROVIDED, that none of the saide Persons be such as shalbe
hereafter by especiall Name restrayned by Vs. our Heires or Successors.
AND, for their further Encouragement, of our especiall Grace and Favor,
Wee doe by theis Presents, for Vs. our Heires and Successors, yeild and
graunt to the saide Governor and Company, and their Successors, and every
of them, their Factors and Assignes, That they and every of them shalbe
free and quits from all Taxes, Subsidies, and Customes, in Newe England,
for the like Space of seaven Yeares, and from all Taxes and Imposicons for
the Space of twenty and one Yeares, vpon all Goodes and Merchandizes at
any Tyme or Tymes hereafter, either vpon Importacon thither, or Exportacon
from thence into our Realme of England, or into any other our Domynions by
the said Governor and Company, and their Successors, their Deputies,
Factors, and Assignes, or any of them; EXCEPT onlie the five Pounds per
Centum due for Custome vpon all such Goodes and Merchandizes as after the
saide seaven Yeares shalbe expired, shalbe brought or imported into our
Realme of England, or any other of our Dominions, according to the
auncient Trade of Merchants, which five Poundes per Centum onlie being
paide, it shall be thenceforth lawfull and free for the said Adventurers,
the same Goodes and Merchandizes to export and carry out of our said
Domynions into forraine Partes, without any Custome, Tax or other Dutie to
be paid to Vs. our Heires or Successors, or to any other Officers or
Ministers of Vs. our Heires and Successors. PROVIDED, that the said Goodes
and Merchandizes be shipped out within thirteene Monethes, after their
first Landing within any Parte of the saide Domynions.
AND, Wee doe for Vs. our Heires and Successors, give and
graunte vnto the saide Governor and Company, and their Successors, That
whensoever, or soe often as any Custome or Subsedie shall growe due or
payeable vnto Vs our Heires, or Successors, according to the Lymittacon
and Appointment aforesaide, by Reason of any Goodes, Wares, or
Merchandizes to be shipped out, or any Retorne to be made of any Goodes,
Wares, or Merchandize vnto or from the said Partes of Newe England hereby
moncoed to be graunted as aforesaid, or any the Landes or Territories
aforesaide, That then, and soe often, and in such Case, the Farmors,
Customers, and Officers of our Customes of England and Ireland, and everie
of them for the Tyme being, vpon Request made to them by the saide
Governor and Company, or their Successors, Factors. or Assignes, and vpon
convenient Security to be given in that Behalf, shall give and allowe vnto
the said Governor and Company, and their Successors, and to all and everie
Person and Persons free of that Company, as aforesaide, six Monethes Tyme
for the Payement of the one halfe of all such Custome and Subsidy as
shalbe due and payeable unto Vs. our Heires and Successors, for the same;
for which theis our Letters patent, or the Duplicate, or the inrollemt
thereof, shalbe vnto our saide Officers a sufficient Warrant and
Discharge. NEVERTHELESS, our Will and Pleasure is, That yf any of the
saide Goodes, Wares, and Merchandize, which be, or shalbe at any Tyme
hereafter landed or exported out of any of our Realmes aforesaide, and
shalbe shipped with a Purpose not to be carried to the Partes of Newe
England aforesaide, but to some other place, That then such Payment, Dutie,
Custome, Imposicon, or Forfeyfure, shalbe paid, or belonge to Vs. our
Heires and Successors, for the said Goodes, Wares, and Merchandize, soe
fraudulently sought to be transported, as yf tllis our Graunte had not
been made nor graunted. AND, Wee doe further will, and by theis Presents,
for Vs. our Heires and Successors, firmlie enioine and comaunde, as well
the Treasorer, Chauncellor and Barons of the Exchequer, of Vs. our Heires
and Successors, as also all and singuler the Customers, Farmors, and
Collectors of the Customes, Subsidies, and Imposts' and other the Officers
and Ministers of Vs our Heires and Successors whatsoever, for the Tyme
Being, That they and every of them, vpon the strewing forth vnto them of
theis Letters patents, or the Duplicate or exemplificacon of the same,
without any other Writt or Warrant vvhatsoever from Vs. our Heires or
Successors, to be obteyned or sued forth, doe and shall make full, whole,
entire, and due Allowance, and cleare Discharge vnto the saide Governor
and Company, and their Successors, of all Customes, Subsidies, Imposicons,
Taxes and Duties whatsoever, that shall or maie be claymed by Vs. our
Heires and Successors, of or from the said Governor and Company, and their
Successors, for or by Reason of the said Goodes, Chattels, Wares,
Merchandizes, and Premises to be exported out of our saide Domynions, or
any of them, into any Parte of the saide Landes or Premises hereby mencoed,
to be given, graunted, and confirmed, or for, or by Reason of any of the
saide Goodes, Chattells, Wares, or Merchandizes to be imported from the
said Landes and Premises hereby mencoed, to be given, graunted, and
confirmed into any of our saide Dominions, or any Parte thereof as
aforesaide, excepting onlie the saide five Poundes per Centum hereby
reserved and payeable after the Expiracon of the saide Terme of seaven
Yeares as aforesaid, and not before: And theis our Letters-patents, or the
Inrollment, Duplicate, or Exemplificacon of the same shalbe for ever
hereafter, from time to tyme, as well to the Treasorer, Chauncellor and
Barons of the Exchequer of Vs. our Heires and Successors, as to all and
singuler the Customers, Farmors, and Collectors of the Customes,
Subsidies, and Imposts of Vs. our Heires and Successors, and all
Searchers, and other the Officers and Ministers whatsoever of Vs. our
Heires and Successors, for the Time being, a sufficient Warrant and
Discharge in this Behalf.
AND, further our Will and Pleasure is, and Wee doe
hereby for Vs' bur Heires and Successors, ordeyne and declare, and graunte
to the saide Governor and Company, and their Successors, That all and
every the Subiects of Vs. our Heires or Successors, which shall goe to and
inhabite within the saide Landes and Premisses hereby mencoed to be
graunted, and every of their Children which shall happen to be borne
there, or on the Seas in goeing thither, or returning from thence, shall
have and enjoy all liberties and Immunities of free and naturall Subiects
within any of the Domynions of Vs. our Heires or Successors, to all
Intents, Construccons, and Purposes whatsoever, as yf they and everie of
them were borne within the Realme of England. And that the Governor and
Deputie Governor of the said Company for the Tyme being, or either of
them, and any two or more of such of the saide Assistants as shalbe
therevnto appointed by the saide Governor and Companv at any of their
Courts or Assemblies to be held as aforesaide. shall and male at all Tymes,
and from tyme to tyme hereafter, have full Power and Authoritie to
minister and give the Oathe and Oathes of Supremacie and Allegiance, or
either of them, to all and everie Person and Persons, which shall at any
Tyme or Tymes hereafter goe or passe to the Landes and Premisses hereby
mencoed to be graunted to inhabite in the same. AND, Wee doe of our
further Grace, certen Knowledg and meere Mocon, give and graunte to the
saide Governor and Companv, and their Successors, That it shall and male
be lawfull, to and for the Governor or Deputie Governor, and such of the
Assistants and Freemen of the said Company for the Tyme being as shalbe
assembled in any of their generall Courts aforesaide, or in any other
Courtes to be specially sumoned and assembled for that Purpose, or the
greater Parte of them (whereof the Governor or Deputie Governor, and six
of the Assistants to be alwaies seaven) from tyme to tome, to make,
ordeine, and establishe all Manner of wholesome and reasonable Orders,
Lawes, Statutes, and Ordilmces, Direccons, and Instruccons, not contrairie
to the Lawes of this our Realme of England, aswell for selling of the
Formes and Ceremonies of Governmt and Magistracy fitt and necessary for
the said Plantacon, and the Inhabitants there, and for nameing and setting
of all sorts of Officers, both superior and inferior, which they shall
finde needefull for that Governement and Plantacon, and the distinguishing
and setting forth of the severall duties, Powers, and Lymytts of every
such Office and Place, and the Formes of such Oathes warrantable by the
Lawes and Statutes of this our Realme of England, as shalbe respectivelie
ministred vnto them for the Execucon of the said severall Offices and
Places; as also, for the disposing and ordering of the Eleccons of such of
the said Officers as shalbe annuall, and of such others as shalbe to
succeede in Case of Death or Remove all and ministering the said Oathes to
the newe elected Officers, and for Imposicons of lawfull Fynes, Mulcts,
Imprisonment, or other lawfull Correccon, according to the Course of other
Corporacons in this our Realme of England, and for the directing, ruling,
and disposeing of all other Matters and Thinges, whereby our said People,
Inhabitants there, may be soe religiously, peaceablie, and civilly
governed, as their good Life and orderlie Conversacon, male wynn and
incite the Natives of Country, to the KnowIedg and Obedience of the onlie
true God and Saulor of Mankinde, and the Christian Fayth, which in our
Royall Intencon, and the Adventurers free Profession, is the principall
Ende of this Plantacion. WILLING, comaunding, and requiring, and by theis
Presents for Vs. our Heiress Successors, ordoyning and appointing, that
all such Orders, Lawes, Statuts and Ordinnces, Instruccons and Direccons,
as shalbe soe made by the Governor, or Deputie Governor of the said
Company, and such of the Assistants and Freemen as aforesaide, and
published in Writing, under their comon Seale, shalbe carefullie and duke
observed, kept, performed, and putt in Execucon, according to the true
Intent and Meaning of the same; and theis our Letters-patents, or the
Duplicate or exemplificacon thereof, shalbe to all and everie such
Officers,-superior and inferior, from Tyme to Tyme, for the putting of the
same Orders, Lawes, Statutes, and Ordinuces, Instruccons, and Direccons,
in due Execucon against Vs. our Heires and Successors, a sufficient
Warrant and Discharge.
AND WEE DOE further, for Vs. our Heires and Successors,
give and graunt to the said Governor and Company, and their Successors bv
theis Presents, that all and everie such Chiefe Comaunders, Captaines,
Governors, and other Officers and Ministers, as by the said Orders, Lawes,
Statuts, Ordinnces, Instruccons, or Direccons of the said Governor and
Company for the Tyme being, shalbe from Tyme to Tyme hereafter vmploied
either in the Government of the saide Inhabitants and Plantacon, or in the
Waye by Sea thither, or from thence, according to the Natures and Lymitts
of their Offices and Places respectively, shall from Tyme to Tyme
hereafter for ever, within the Precincts and Partes of Newe England hereby
mencoed to be graunted and confirmed, or in the Wale by Sea thither, or
from thence, have full and Absolute Power and Authoritie to correct,
punishe, pardon, governe, and rule all such the Subiects of Vs. our Heires
and Successors, as shall from Tyme to Tyme adventure themselves in any
Voyadge thither or from thence, or that shall at any Tyme hereafter,
inhabite within the Precincts and Partes of Newe England aforesaid,
according to the Orders, Lawes, Ordinnces, Instruccons, and Direccons
aforesaid, not being repugnant to the Lawes and Statutes of our Realme of
England as aforesaid. AND WEE DOE further, for Vs. our Heires and
Successors, give and graunte to the said Governor and Company, and their
Successors, by theis Presents, that it shall and male be lawfull, to and
for the Chiefe Comaunders, Governors, and officers of the said Company for
the Time being, who shalbe resident in the said Parte of Newe England in
America, by theis presents graunted, and others there inhabiting by their
Appointment and Direccon, from Tyme to Tyme, and at ail Tymes hereafter
for their speciall Defence and Safety, to incounter, expulse, repell, and
resist by Force of Armes, aswell by Sea as by Lande, and by all fitting
Waies and Meanes whatsoever, all such Person and Persons, as shall at any
Tyme hereafter, attempt or enterprise the Destruccon, Invasion, Detriment,
or Annoyaunce to the said Plantation or Inhabitants, and to take and
surprise by all Waies and Meanes whatsoever, all and every such Person and
Persons, with their Shippes, Armour, Municons and other Goodes, as shall
in hostile manner invade or attempt the defeating of the said Plantacon,
or the Hurt of the said Company and Inhabitants: NEVERTHELESS, our Will
and Pleasure is, and Wee doe hereby declare to all Christian Kinges,
Princes and States, that yf any Person or Persons which shall hereafter be
of the said Company or Plantacon or anv other by Lycense or Appointment of
the said Governor and Cmpany for the Tyme being, shall at any Tyme or
Tymes hereafter, robb or spoyle, by Sea or by Land, or doe any Hurt,
Violence, or vnlawful Hostilitie to any of the Subjects of Vs. our Heires
or Successors, or any of the Subjects of any Prince or State, being then
in League and Amytie with Vs. our Heires and Successors, and that upon
such injury don and vpon iust Complaint of such Prince or State or their
Subjects, WEE, our Heires and Successors shall make open Proclamacon
within any of the Partes within our Realme of England, comodious for that
purpose, that the Person or Persons haveing comitted any such Roberie or
Spoyle, shall within the Terme lymytted by such a Proclamacon, make full
Restitucon or Satisfaccon of all such Iniureis don, soe as the said
Princes or others so complayning, maie hould themselves fullie satisfied
and contented; and that yf the said Person or Persons, haveing comitted
such Robbery or Spoile, shall not make, or cause to be made Satisfaccon
accordinglie, within such Tyme soe to be lymytted, that then it shalbe
lawfull for Vs. our Heires and Successors, to putt the said Person or
Persons out of our Allegiance and Proteccon, and that it shalbe lawfull
and free for all Princes to prosecute with Hostilitie, the said Offendors,
and every of them, their and every of their Procurers, Ayders, Abettors,
and Comforters in that Behalf: PROVIDED also, and our expresse Will and
Pleasure is, And Wee doe by theis Presents for Vs. our Heires and
Successors ordeyne and appoint That theis Presents shall not in any manner
envre, or be taken to abridge, barr, or hinder any of our loving subjects
whatsoever, to vse and exercise the Trade of Fishing vpon that Coast of
New England in America, by theis Presents mencoed to be graunted. But that
they, and every, or any of them shall have full and free Power and Liberty
to continue and vse their said Trade of Fishing vpon the said Coast, in
any the Seas therevnto adioyning, or any Armes of the Seas or Saltwater
Rivers where they have byn wont to fishe, and to build and sett vp vpon
the Landes by theis Presents graunted, such Wharfes, Stages, and
Workehouses as shalbe necessarie for the salting, drying, keeping, and
packing vp of their Fish, to be taken or gotten vpon that Coast; and to
cutt down, and take such Trees and other Materialls there groweing, or
being, or shalbe needefull for that Purpose, and for all other necessarie
Easements, Helpes, and Advantage concerning their said Trade of Fishing
there, in such Manner and Forme as they have byn heretofore at any tyme
accustomed to doe, without making any wilfull Waste or Spoyle, any Thing
in theis Presents conteyned to the contrarie notwithstanding. AND WEE DOE
further, for Vs. our Heires and Successors, ordeyne and graunte to the
said Governor and Company, and their Successors by theis Presents that
theis our Letters-patents shalbe firme, good, effectuall, and availeable
in all Thinges, and to all Intents and Construccons of Lawe, according to
our true Meaning herein before declared, and shalbe construed, reputed,
and adjudged in all Cases most favourablie on the Behalf, and for the
Benefist and Behoofe of the saide Governor and Company and their
Successors: ALTHOUGH expresse mencon of the true yearely Value or certenty
of the Premisses or any of them; or of any other Guiftes or Grauntes, by
Vs. or any of our Progenitors or Predecessors to the foresaid Governor or
Company before this tyme made, in theis-Presents is not made; or any
Statute, Acte, Ordinnce, Provision, Proclamacon, or Restrainte to the
contrarie thereof, heretofore had, made, published, ordeyned, or provided,
or any other Matter, Cause, or Thinge whatsoever to the contrarie thereof
in any wise notwithstanding.
IN WITNES whereof, Wee have caused theis our Letters to
be made Patents.
WITNES ourself, at Westminster, the fourth day of March,
in the fourth Yeare of our Raigne.
Per Breve de Privato Sigillo,
Wolseley.
Praedictus Matthaeus Cradocke Juratus est de Fide et
Obedientia Regi et Successoribus suis, et de Debita Executione Officii
Guberatoris Juxta Tenorem Praesentium, 18° Martii, 1628. Coram me Carolo
Casare Milite in Cancellaria Mro.
CHAR.CAESAR.
The Great Seal of England appendant by a parti-coloured
silk string.
Source:
The Federal and State Constitutions Colonial Charters, and Other Organic
Laws of the States, Territories, and Colonies Now or Heretofore Forming
the United States of America
Compiled and Edited Under the Act of Congress of June 30, 1906 by Francis
Newton Thorpe
Washington, DC : Government Printing Office, 1909. |