The
Charter of Massachusetts Bay : 1629
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.
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