continue and use their faid trade of fishing upon the faid coaft in any of the feas thereunto adjoineing, or any armes of the feas or falt-water rivers where they have beene wont to fish, and to build and fet-up upon the lands by these prefents granted fuch wharfes, ftages, and workhouses as fhall be neceffary for the falting, drying, keeping, and packing-up of their fifh to be taken or gotten upon that coaft; and to cutdowne and take fuch trees and other materialls there growing, or being, as fhall be needful for that purpofe, and for all other neceffary easements, helpes, and advantages, concerning their faid trade of fishing there, in fuch manner and forme as they have been heretofore at any tyme accustomed to doe, without makeing any wilful wafte or fpoyle, any thing in thefe prefents contained to the contrary notwithstanding. and shall be favour of withstand omissions or imperfections in them, or And we do further, for us, our heires, and fucceffors, These let ters patent ordaine and grant the faid Governour and Companie, shall be and their fucceffors, by these prefents, that these our let- good in law, ters patents fhall be firme, good, effectual, and availa- construed in ble in all things, and to all intents and conftructions the compa of lawe, according to our true meaning herein before ny, not declared, and shall be conftrued, reputed, and adjudged ing any in all cafes moft favourably on the behalfe and for the or imper benefit and behoofe of the faid Governour and Companie and their fucceffors; although expreffe mention any former of the true yearly value, or certainty, of the premiffes, other acts of authority, or any of them, or of any other gifts or grants, by us to the con or any other of our progenitors or predeceffors, to the trary. forefaid Governour and Companie before this time made, in these presents is not made; or any ftatute, act, ordinance, provifion, proclamation, or restraint to the contrary thereof heretofore had, made, published, ordained or provided, or any other matter, caufe, or thing statute, or thing whatsoever to the contrarie thereof in any wife notwithstanding. In witnefs whereof we have caufed thefe our letters to be made patent. Witnefs ourselves at Weftminster, the fourth Day of March in the fourth yeare of our reigne. This is a true copy of fuch letters patents under the great feal of England. In teftimony whereof, I, John Winthrop, Governour of the Mattachusetts aforefaid, have caufed the publick feal of the fame to be hereunto affixed this 19th day of the month called March, 1643-4. Locus JOHN WINTHROP, GOVERNOUR. AN SECOND ROYAL CHARTER OF THE COLONY OF THE MASSACHUSETTS BAY IN NORTH AMERICA, GRANTED BY KING WILLIAM AND QUEEN MARY, IN THE THIRD YEAR OF THEIR REIGN. SEPTIMA PARS PATENTIUM, DE ANNO REGNI REGIS GULIEĻ Recital of a grant of North land in America, made by the First to cil of Ply mouth in the 18th year of WILLIAM and MARY, by the Grace of God, &c. to all to whom thefe prefents fhall come, greeting. Whereas his late majefty King James the Firft, our royal predeceffor, by his letters patents under the great feal of England, bearing date at Westminster on the third king James day of November in the eighteenth year of his reign, did the Coungive and grant unto the Council established at Plymouth in the county of Devon, for the planting, ruling, ordering, and governing of New-England in America, and his reign. to their fucceffors and affigns, all that part of America lying and being, in breadth, from forty degrees of northerly latitude from the equinoctial line, to the fortyeighth degree of the faid northerly latitude inclufively, and, in length, of and within all the breadth aforefaid, throughout all the main lands from fea to fea; together with all the firm lands, foils, grounds, havens, ports, rivers, waters, fishings, mines and minerals, as well royal mines of gold and filver, as other mines and minerals, precious ftones, quarries, and all and fingular other commodities, jurifdictions, royalties, privileges, franchises, franchifes, and pre-eminences, both within the said tract of land upon the main, and alfo within the islands and feas adjoining; provided always, that the faid lands, iflands, or any the premifes by the faid letters patents intended and meant to be granted, were not then actually poffeffed or inhabited by any other Christian prince or state, or within the bounds, limits, or territories of the fouthern colony then before granted by the faid late King James the First, to be planted by divers of his fubjects in the fouth parts: to have and to hold, poffefs and enjoy all and fingular the forefaid continent, lands, territories, iflands, hereditaments and precincts, feas, waters, fishings, with all, and all manner of, their commodities, royalties, liberties, preeminences and profits that fhould from thenceforth arise from thence, with all and fingular their appurtenances, and every part and parcel thereof, unto the faid Council, and their fucceffors and affigns, for ever, to the fole and proper use and benefit of the faid Council, and their fucceffors and affigns for ever: to be holden of his faid late Majefty King James the First, his heirs and fucceffors, as of his manor of Eaft-Greenwich in the county of Kent, in free and common foccage, and not in capite, nor by knights' fervice: yielding and paying therefore to the faid late king, his heirs and fucceffors, the fifth part of the ore of gold and filver, which should, from time to time, and at all times then after, happen to be found, gotten, had and obtained, in, at, or within, any of the faid lands, limits, territories or precincts, or in, or within, any part or parcel thereof, for, or in refpect of, all and all manner of duties, demands, and fervices whatsoever, to be done, made, or paid to the faid late King James the Firft, his heirs and fucceffors; as in, and by, the faid letters patents, amongst sundry other other claufes, powers, privileges, and grants, therein contained, more at large appeareth. cil at Ply ted Massa to Sir Henry in fee sim Car. 1. And whereas the faid Council established at Ply- The Coun mouth, in the county of Devon, for the planting, rul- mouth graning, ordering, and governing of New-England in Ame-chusets bay rica, did, by their deed indented under their common Rosewell feal, bearing date the nineteenth day of March in the and others, third year of the reign of our royal grandfather king ple; in 3 Charles the First, of ever-bleffed memory, give, grant, bargain, fell, enfeoff, alien, and confirm to Sir Henry Rosewell, Sir John Young, knights, Thomas Southcott, John Humphreys, John Endicott, and Simon Whetcombe, their heirs and affigns, and their affociates for ever, all that part of New-England in America aforefaid, which lies and extends between a great river there commonly called Monomack alias Merrimack, and a certain other river there called Charles river, being a bottom of a certain bay there commonly called Maffachufets, alias Mattachufets, alias Maffatufets, bay; and alfo all and fingular those lands and hereditaments whatsoever, lying within the fpace of three English miles on the fouth part of the faid Charles river, or of any and every part thereof; and alfo all and fingular the lands and hereditaments whatfoever, lying and being within the space of three English miles to the fouthward of the fouthernmost part of the faid bay called the Maffachufets, alias Mattathufets, alias Maffatufets, bay; and alfo all thofe lands and hereditaments whatfoever which lie and be within the space of three English miles to the northward of the faid river called Monomack, alias Merrimack, or to the northward of any and every part thereof; and all lands and hereditaments whatsoever, lying within the limits aforefaid, north and fouth in latitude and in breadth, and in length |