Provisoe.

Thomas Golfe, Thomas Adams, John Brown, Samuel Browne, Tho. Hutchins, William Vaffall, William Pincheon, and George Foxcroft, their Heirs or Affigns, or by any other person or persons whatsoever there inhabiting, by them, or any of them, to be appointed to fith therein. Provided always, that if the faid lands, inlands, or any of the premises before-mentioned, and by the faid letters patents laft-mentioned, intended and meant to be granted, were, at the time of the granting the faid former letters patents, dated the third day of November, in the eighteenth year of the reign of his late Majefty King James the First, actually posfeffed or inhabited by any other Christian Prince or State, or were within the bounds, limits or territories of the faid Southern Colony then before granted by the King, to be planted by divers of his loving fubjects in the South parts of America, that then the faid grant of Our faid Royal Grandfather fhould not extend to any fuch parts or parcels thereof, fo formerly inhabited or lying within the bounds of the Southern Plantation as aforefaid; but as to thofe parts or parcels fo poffeffed or inhabited by any fuch Christian Prince or State, or being within the boundaries aforefaid, fhould be dum. utterly void; to have, hold, poffefs, and enjoy, the said parts of New-England in America, which lie, extend, and are abutted as aforefaid, and every part and parcel thereof, and all the islands, rivers, ports, havens, waters, fishings, fifles, mines, minerals, jurisdictions, franchises, royalties, liberties, privileges, commodities, and premises whatfoever, with the appurtenances, untó the faid Sir Henry Rofwell, Sir John Young, Sir Richard Saltenftall, Thomas Southcott, John Humphreys, John Endicott, Simond Whetcombe, Ifaac Johnson, Samuel Alderfey, John Ven, Matthew Craddock, George Harwood, Increase Nowell, Richard Per

Haben

ry, Richard Bellingham, Nathaniel Wright, Samuel Vaffall, Theophilus Eaton, Thomas Golfe, Thomas Adams, John Brown, Samuel Browne, Thomas Hutchins, William Vaffal, William Pincheon, and George Foxcroft, their Heirs and Affigns for ever, to the only proper and abfolute ufe and behoof of the faid Sir Henry Rofwell, Sir John Young, Sir Richard Saltenftall, Thomas Southcott, John Humphreys, John Endicott, Symond Whetcombe, Isaac Johnfon, Samuel Alderfey, John Ven, Matthew Craddock, George Harwood, Increafe 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 Affigns for evermore; to be holden of our faid Royal Grandfather, his Heirs and Succeffors, as of his manor of Eaft-Greenwich in the county of Kent, within the realme of England, in free and common foccage, and not in capite, nor by Knights fervice; and alfo yielding and paying thereof to Our faid Royal Grandfather, his Heirs and Succeffors, the fifth part only of all the ore of gold and filver, which from time to time, and at all times hereafter, fhould be gotten, had or obtained, for all fervices, exactions and demands. whatfoever: Provided always, and his Majefty's exprefs 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 faid Royal Grandfather, his Heirs and Succeffors, by colour or virtue of the faid laft-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

Reddendum.

from

tion of the

Sir Henry

King &c. and

their suo

create cessors, by

the name

vernour and con

the Massa

England.

from time to time fhould happen and arife, concerning Incorporathe lands and plantations of the fame, might be the grantees, better managed and ordered, and for the good govern- Rosewell ment thereof, Our faid Royal Grandfather, Charles the First, did, by his faid letters patent, and make the faid Sir Henry Rofwell, Sir John of the GoYoung, Sir Richard Saltenftall, Thomas Southcott, John Humphreys, John Endicott, Symond Whet- pany, of combe, Ifaac Johnson, Samuel Aldersey, John Ven, chusetts Matthew Craddock, George Harwood, Increafe Now- Bay in New ell, Richard Perry, Richard Bellingham, Nathaniel Wright, Samuel Vaffall, and Theophilus Eaton, Thomas Golfe, Thomas Adams, John Browne, Samuel Browne, Thomas Hutchins, William Vaffall, William Pincheon and George Foxcroft, and all fuch others as fhould 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 Maffachufetts Bay in New-England; and did grant unto them, and their Succeffors, divers powers, liberties, and privileges, as in and by the faid letters patents may more fully and at large appear.

And whereas the faid Governour and Company of the Maffachusetts Bay in New England, by virtue of the faid letters patents, did fettle a Colony of the English in the faid parts of America, and divers good fubjects of this kingdom, encouraged and invited by the faid letters patents, did transport themselves and their effects into the fame, whereby the said plantation did become very populous; and divers counties, towns, and places were created, erected, named, fet forth, or defigned, within the faid parts of America, by the faid Governour and Company for the time being.

H4

And

The repeal of the former char

ter, in 36 Cor. 2.

The petiti

on of the

of Missa

for a new Charter.

And whereas in the term of the Holy Trinity, in the thirty-fixth year of the reign of Our dearest uncle King Charles the Second, a judgment was given in Our Court of Chancery, then fitting at Westminster, upon a writ of Scire Facias, brought and profecuted in the faid Court, against the Governour and Company of the Maffachusetts Bay in New England; and that the faid letters patents of Our faid 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 faid Governour and company of the Maffachusetts Bay in New England, and the enrollment of the fame fhonld be cancelled, vacated, and annihilated, and fhould be brought into the faid Court to be cancelled (as in and by the faid judgment remaining upon record in the faid Court doth more at large appear.)

And whereas feveral perfons employed as Agents in inhab tan's behalf of Our faid Colony of the Maffachusetts Bay in chusets bay, New-England have made their humble application unto king William to Us, that We would be graciously pleafed by our Royal Charter, to incorporate Our fubjects in Our faid Colony, and to grant and confirm unto them fuch powers, privileges and franchises, as in Our Royal wifdom should be thought most conducing to Our interest and fervice, and to the welfare and happy state of Our fubjects in New-England, and we being graciously pleased to gratify our faid fubjects, and also to the end that Our good fubjects within Our Colony of New-Plymouth in NewEngland aforefaid, may be brought under fuch a form of Government as may put them in a better condition of defence; and confidering that the granting, as well unto them as unto Our subjects in the said Colony of the Maffachusetts Bay, Our Royal Charter, with reasonable powers and privileges, will much tend, not only to the fafety

but

The new

of the Colo

vince, of

bay, in

New-Eng

land.

but to the flourishing eftate of Our fubjects in the faid parts of New-England; and alfo to the advancing the ends for which the faid plantations were at firft encouraged; of Our especial grace, certain knowledge, The new and mere motion, have willed and ordained, and We grant. do by these presents for us, our Heirs and Succeffors, will and ordain, that the Territories and colonies, commonly called or known by the names of the Colony of boundaries the Maffachusetts-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 chusets the faid Territories of Nova-Scotia, and the faid pro- New vince of Main, be united, erected, and incorporated; and we do by thefe prefents unite, crect, and incorporate the fame into one real Province, by the name of our Province of the Maffacbufetts By in New-England; and of our fpecial grace, certain knowledge, and mere motion, we have given and granted, and, by thefe prefents, for us, our Heirs and fucceffors, do give and grant unto our faid fubjects, the inhabitants of Our faid Province, or Territory, of the Maffachusetts Bay, and their Succeffors, all that part of New-England in America, lying and extending from the great river commonly called Monomack, alias Merrimack, and the North part, and from three miles northward of the faid river, to the Atlantic, or western, fea, or ocean, on the fouth part; and all the lands and hereditaments whatsoever lying within the limits aforefaid, and extending as far as the uttermost points or promontories of land called Cape Cod and Cape Malabar north and fouth, and in latitude and breadth, and in length and longitude, of and within all the breadth and compass aforefaid, throughout the main land there, from the faid Atlantic, or Weftern, Sea and ocean on the east part, towards the South Sea or Weft

ward,