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.
Source: The Federal and State Constitutions Colonial Charters, and Other Organic
Laws of the States, Territories, and Colonies Now or Heretofore Forming the
United States of America, Compiled and Edited Under the Act of Congress of June
30, 1906 by Francis Newton Thorpe
Washington, DC : Government Printing Office, 1909.