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continue and use their faid trade of fishing upon the said coast in any of the seas thereunto adjoineing, or any armes of the seas or falt-water rivers where they have beene wont to fish, and to build and set-up upon the lands by these presents granted such wharfes, stages, and workhouses as shall be necessary for the falling, drying, keeping, and packing-up of their fish to be taken or gotten upon that coast; and to cutdowne and take such trees and other materialls there growing, or being, as shall be needful for that purpose, and for all other necessary easements, helpes, and advantages, concerning their faid trade of filing there, in such manner and forme as they have been heretofore at any tyme accustomed to doe, without makeing any wilful waste or spoyle, any thing in these presents contained to the contrary notwithstanding. And we do further, for us, our heires, and fucceffors, These let

ters patent ordaine and grant the said Governour and Companie, shall be and their fucceffors, by these presents, that these our let- good in law, ters patents shall be firme, good, effectual, and availa- construed in ble in all things, and to all intents and constructions the con of lawe, according to our true meaning herein before ny, not a declared, and shall be construed, reputed, and adjudged ing any

omissions in all cases most favourably on the behalfe: and for the or imperfecbenefit and behoofe of the said Governour and Com-them, or panie and their fucceffors ; although expresse mention any former of the true yearly value, or certainty, of the premisses, other acts

, 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. foresaid Governour and Companie before this time made, in these presents is not made; or any statute, act, ordinance, provision, proclamation, or restraint to the contrary thereof heretofore had, inade, published, ordained or provided, or any other matter, cause, or

and shall be

favour of

tions in

thing whatsoever to the contrarie thereof in any wise notwithstanding. In witness whercof we have caused these our letters to be made patent. Witness ourselves at Westminster, the fourth Day of March in the fourth yeare of our reigne.

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William and Mary, by the Grace of God, &c. Recital of to all to whom these presents shall conie, greeting. a grant of

Whereas hislate majesty King James the First, our royal Northpredecessor, by his letters patents under the great seal 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 mouth in in the county of Devon, for the planting, ruling, ordering, and governing of New-England in America, and his reign. to their successors and assigns, all that part of America lying and being, in breadth, from forty degrees of northerly latitude from the equinoctialline, to the fortyeighth degree of the said northerly latitude inclusively, and, in length, of and within all the breadth aforesaid, ihroughout all the main lands from sea to sea; together with all the firm lands, foils, grounds, havens, ports, rivers, waters, fishings, mines and minerals, as well royal mines of gold and silver, as other mines and minerals, precious stones, quarries, and all and fingular other commodities, jurisdictions, rovalties, privi

made by

the First to

the 18th

year of


franchises, and pre-eminences, both within the said tract of land upon the main, and also within the islands and seas adjoining; provided always, that the said lands, islands, or any the premises by the said letters patents intended and meant to be granted, were not then actually possessed or inhabited by any other Christian prince or state, or within the bounds, limits, or territories of the southern colony then before granted by the said late King James the First, to be planted by divers of his subjects in the south parts: to have and to hold, possess and enjoy all and singular the foresaid continent, lands, territories, islands, hereditaments and precincts, seas, waters, fishings, with all, and all manner of, their commodities, royalties, liberties, preeminences and profits that should from thenceforth arise from thence, with all and fingular their appurtenances, and every part and parcel thereof, unto the said Council, and their successors and assigns, for ever, to the fole and proper use and benefit of the said Council, and their successors and assigns for ever : to be holden of his said late Majesty King James the First, his heirs and successors, as of his manor of East-Greenwich in the county of Kent, in free and common soccage, and not in capite, nor by knights' service : yielding and paying therefore to the said late king, his heirs and successors, the fifth part of the ore of gold and silver, 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 said lands, limits, territories or precincts, or in, or within, any part or parcel thereof, for, or in respect of, all and all manner of duties, demands, and services whatsoever, to be done, made, or paid to the said late King James the First, his heirs and successors; as in, and by, the said letters patents, amongst sundry



in fee sim

third year

Car. 1.

other claufes, powers, privileges, and grants, therein contained, more at large appeareth.

And whereas the said Council established at Ply- The Coun: mouih, 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

to Sir Henry feal, bearing date the nineteenth day of March in the and others,

of the reign of our royal grandfather king ple; in 3 Charles the First, of ever-blessed 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 afligns, and their affociates for ever, all that part of New-England in America aforesaid, 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 Massachusets, alias Mattachusets, alias Maffatusets, bay; and also all and singular those lands and hereditaments whatsoever, lying within the space of three English miles on the south part of the said Charles river, or of any and every part thereof; and also all and singular the lands and hereditaments whatsoever, lying and being within the space of three English miles to the southward of the southernmost part of the said bay called the Massachusets, alias Mattathusets, alias Massatufets, bay; and also all those lands and hereditaments whatsoever which lie and be within the space of three English miles to the northward of the said 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 aforesaid, north and fouth in latitude and in breadth, and in


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