« PreviousContinue »
Thomas Golfe, Thomas Adams, John Brown, Samuel Browne, Tho. Hutchins, William Vaffall, William Pincheon, and George Foxcroft, their Heirs or Assigns, or by any other person or persons whatsoever there inhabitiny, by them, or any of them, to be appointed to
Provisor. fish therein. Provided always, that if the said lands, islands, or any of the premises before-mentioned, and by the faid letters patents last-mentioned, intended and meant to be granted, were, at the time of the granting the said former letters patents, daled the third day of November, in the eighteenth year of the reign of his late Majesty King James the First, a&tually poffeffed or inhabited by any other Christian Prince or State, or were within the bounds, limits or territories of the said Southern Colony then before granted by the King, to be planted by divers of his loving subjects in the South parts of America, that then the said grant of Our said Royal Grandfather should not extend to any such parts or parcels thereof, so formerly inhabited or lying within the bounds of the Southern Plantation as aforesaid ; but as to those parts or parcels so possesfed or inhabited by any such Christian Prince or State, or being within the boundaries aforesaid, should be dum
. utterly void ; to have, hold, possess, and enjoy, the said parts of New-England in America, which lie, extend, and are abutted as aforesaid, and every part and parcel thereof, and all the islands, rivers, ports, havens, waters, fishings, filles, mines, minerals, jurisdictions, franchises, royalties, liberties, privileges, commodities, and premises whatsoever, with the appurtenances, untó the said Sir Henry Roswell, Sir John Young, Sir Richard Saltenstall, Thomas Southcott, John Humphreys, John Endicott, Simond Whetcombe, Isaac Johnson, Samuel Aldersey, John Ven, Matthew Craddock, George Harwood, Increase Nowell, Richard Pera
ty, Richard Bellingham, Nathaniel Wright, Samuel Vassall, Theophilus Eaton, Thomas Golfe, Thomas Adams, John Brown, Samuel Browne, Thomas Hutchins, William Vassal, William Pincheon, and George Foxcroft, their Heirs and Afligns for ever, to the only proper and absolute use and beho'f of the said Sir Henry Roswell, Sir John Young, Sir Richard Saltenstall, Thomas Southcott, John Humphreys, John Endicott, Symond Whetcombe, Isaac Johnson, Samuel Aldersey, John Ven, Matthew Craddock, George Harwood, Increase Nowell, Richard Perry, Richard Bellingham, Nathaniel Wright, Samuell Vaffall, Theophilus Eaton, Thomas Golfe, Thomas Adams, John Brown, Samuel Browne, Thomas Hutchins, William
Vaffall, William Pincheon, and George Foxcroft, 'Penendum. their Heirs and Assigns for evermore; to be holden of
our said Royal Grandfather, his Heirs and Succeffors, as of his manor of East-Greenwich in the county of Kent, within the realme of England, in free and com
mon soccage, and not in capite, nor by Knights ferRedden- vice; and also yielding and paying thereof to Our faid
Royal Grandfather, his Heirs and Successors, the fifth part only of all the ore of goldand Glver, which from time to time, and at all times hereafter, frould be gotten, had or obtained, for all services, exactions and demands whatsoever : Provided always, and his Majesty's express will and meaning was, that only that one fifth part of all the gold and filver ore abovementioned in the whole and no more, should be answered, reserved or payable unto our said Royal Grandfather, his Heirs and Suce cessors, by colour or virtue of the said last-mentioned letters patents, the double refervations or recitals aforefaid, or any thing therein contained notwithstanding. And to the end that the affairs and business, which
vernour and coni
from time to time should happen and arise, concerning Incorpora
tion of the the lands and plantations of the fame, might be the better managed and ordered, and for the good govern- Rosewell
Sir Henry ment thereof, Our faid Royal Grandfather, King &c. and Charles the First, did, by his said letters patent, create cessors, by and make the faid Sir Henry Roswell, Sir John of the GoYoung, Sir Richard Saltenstall, Thomas Southcott, John Humphreys, John Endicott, Symond Whet- pany, of
the Massacombe, Ifaac Johnson, Samuel Aldersey, John Ven, chusetts
Bay in New Matthew Craddock, George Harwood, Increase Now
England. ell, Richard Perry, Richard Bellingham, Nathaniel Wright, Samuel Vaffall, and Theophilus Eaton, Tho-, mas Golfe, Thomas Adams, John Browne, Samuel Browne, Thomas Hutchins, William Vassall, William Pincheon and George Foxcroft, and all such others as should thereafter be admitted and made free of the company and Society therein after-mentioned, one body corporate and politick in fact and name, by the name of the Governour and Company of the Massachusetts Bay in New-England ; and did grant unto them, and their Successors, divers powers, liberties, and privileges, as in and by the said letters patents may more fully and at large appear.
And whereas the said Governour and Company of the Massachusetts Bay in New England, by virtue of the said letters patents, did settle a Colony of the English in the said parts of America, and divers good subjects of this kingdom, encouraged and invited by the faid letters patents, did transport themselves and their effects into the same, whereby the said plantation did become very populous ; ana divers counties, towns, and places were created, ereded, named, set forth, or designed, within the said parts of America, by the said Governour and Company for the time being.
And whereas in the term of the Holy Trinity, in the of the former char- thirty-sixth year of the reign of Our deareft uncle King ter, in 36 Cor. 2.
Charles the Second, a judgment was given in Our Court of Chancery, then fitting at Westminster, upon a writ of Scire Facias, bronght and profecuted in the faid Court, against the Governour and Company of the Massachusetts Bay in New England; and that the said letters patents of Our said Royal Grandfather King Charles the First, bearing date at Westminster the fourth day of March, in the fourth year of his reign, made and granted to the said Governour and company of the Massachusetts Bay in New England, and the enrollment of the same shonld be cancelled, vacated, andannibilated, and should be brought into the faid Court to be cancelled (as in and by the said judgment remaining upon record in the said Court doth more at large ap
And whereas several persons employed as Agents in on of the inhab tan's behalf of Our faid Colony of the Massachusetts Bay in of M ssachusetsbay, New-England have made their humble application unto king William to Us, that we would be graciously pleased by our for a new Charter.
Royal Charter, to incorporate Our fubje&s in Our faid Colony, and to grant and confirm unto them such powers, privileges and franchises, as in Our Royal wisdom should be thought most conducing to Our interest and service, and to the welfare and happy state of Our subjects in New-England, and we being graciously pleased to gratifyour said subjects, and also to the end that Our good fubjects within Our Colony of New-Plymouth in NewEngland aforesaid, may be brought undersucha form of Government asmay put them in a bettercondition of defence; and considering that the granting, as well unto them as unto Our subjects in the said Colonyofthe Massachusetts Bay, Our Royal Charter, with reasonable powers and privileges, will much tend, not only to the safety
of the Colo
but to the flourishing estate of Our subjects in the said parts of New-England; and also to the advancing the ends for which the said plantations were at first encouraged; of Our especial grace, certain knowledge,
The new and mere motion, have willed and ordained, and We granit. do by these presents for us, our Heirs and Successors, will and ordain, that the Territories and colonies, com- The new monly called or known by the names of the Colony of boundaries the Massachusetts-Bay, and Colony of New-Plymouth, ny, or Prothe Province of Main, the Territory called Accadia, the Massaor Nova-Scotia, and all that tract of land lying between
bay, in the said Territories of Nova-Scotia, and the said pro- New-Eng. . vince of Main, be united, erected, and incorporated; and we do by these presents unite, crect, and incorporate the same into one real Province, by the name of our Province of the Massachuselts Buy in New-England; and of our special grace, certain knowledge, and mere motion, we have given and granted, anil, by these presents, for us, our Heirs and fucceffors, do give and grant unto our faid subjects, the inhabitants of Our faid Province, or Territory, of the Massachusetts Bay, and their Succeffors, all that part of New-England in America, lying and extending from the great river cominonly called Monomack, alias Merrimack, and the North part, and from three miles northward of the said river, to the Atlantic, or western, fea, or ocean, on the south part; and all the lands and hereditaments whatsoever lying within the limits aforesaid, and extending as far as the uttermost points or promontories of land called Cape Cod and Cape Malabar north and fouth, and in latitudeand breadth, and in length and longitude, of and within all the breadth and compass aforesaid, throughout the main land there, from the said Atlantic, or Western, Sea and ocean on the east part, towards the South Sea or West