JOSEPH DUDLEY’S COMMISSION as PRESIDENT OF THE COUNCIL FOR NEW ENGLAND

8 October, 168584

James the Second by the Grace of God &c To all to Whome these Presents shall come Greeting

Whereas a Writt of Scire facias hath been issued out of our high Court of Chancery against the late Governor & Company of the Massachusetts Bay in New England Whereby the Government of that Colony & members thereof is now in our hands and Wee being minded to give all protec͞con & Encouragement to our good subjects therein and to provide in the most effectuall manner that due & impartiall Justice may bee admistred in all cases Civill and Criminall and that all possible care may be taken for the just quiet & orderly government of the same know yee therefore that Wee by and with the advice of our Privy Councell have thought fitt to Erect & Constitute and by these p^rsents for us our heires & Successors do Erect constitute and apoint a President & Councill to take care of all that our Territory & Dominion of New England in America co͞only called & knowne by the name of our Colony of the Massachusetts Bay and our Provinces of New Hampshire & Maine and the Narragansett Country otherwise called the Kings Province with all the Islands Eights and Members thereunto apperteyning and to Order rule & governe the same according to such methods & Regulaco͞ns as are herein after specified & declared vntill our Cheif Governor shall arrive within our said Colonyes And for the better execuc͠on of our Eoyall pleasure in this behalfe Wee do hereby noi͞a͞te & appoint our trusty & Welbeloved subject Joseph Dudley Esq^r to be the first President of the said Councell and to continue in the said Office vntill we our Heires or Successors shall otherwise direct And Wee do likewise no͞i͞ate & appoint our Trusty & welbeloved subjects Simon Bradstreet William Stoughton Peter Bulkley John Pinchon Robert Mason Richard Wharton Wait Winthorp Nathaniel Saltenstall Bartholomew Gidney Jonathan Trigg85 John Usher Dudley Bradstreet John Hincks Francis Champernoon Edward Ting John Fitz Winthrop & Edward Randolph Esq^rs to be of our Councell within our said Territories & Colonies And that the said Joseph Dudley and every succeeding President of the said Councell shall & may nominate & appoint any one of the members of the said Councell for the time being to be his Deputy and to Preside in his absence And that the said President or his Deputy and any Seaven of the said Councell shalbe a Quorum and our expresse Will and pleasure is that no person shalbe admitted to sitt or have a vote in the said Councell vntill he hath taken the Oath of Allegiance and the Oath hereafter menco͞ned for the due & impartiall Execuco͞n of Justice & the faithfull discharge of the trust in them reposed which Oathes wee do hereby authorize & direct the said Simon Bradstreet William Staughton86 Peter Bulkeley John Pinchon Robert Mason Richard Wharton Wait Winthrop Nathaniel Saltenstall Bartholomew Gidney Jonathan Ting87 John Usher Dudley Bradhurst88 John Hincks Henry89 Champernon Edward Ting John Fitz-Winthrop & Edward Randolph or any three of them first to administer vnto the said Joseph Dudley the First President and the said Joseph Dudley having first taken the said oaths Wee do Will authorize and require him and the President for the time being to administer the same from time to time to all & every other the members of our said Councell And wee do hereby will & require & Comand our said President & Councell and every of them to Whom this our pleasure shalbe made known that all excuses whatsoever sett apart they fail not to assemble & meet together at our Towne of Boston in New England assoon as may be within the space of Twenty dayes at the furthest next after the arrivall of this Our Comission at Our said Towne of Boston and there to cause this our Comission or letters Patents to be read before such of them as shall be there assembled together with the Exemplificaco͞n of the Judgem^t passed in high90 Court of Chancery against the said late Governor & Company of the Massachusetts Bay And having duely first taken the said Oathes to proceed to choose no͞i͞ate & appoint such Officers & servants as they shall fitt & necessary for Our service and also to appoint such other time & place for their future meetings as they or the major part of them whereof the president or his Deputy to be one shall thinke fitt & agree And our Will & Pleasure is that our said Councell shall from time to time have & vse such Seal only for the Sealing their Acts and Orders & Proceedings as shall be appointed by vs our heires & successors for that purpose And Wee do by these p^rsents for vs our heires and successors constitute establish declare & appoint our said President & Councell and their Successors for the time being to be a Constant & settled Court of Record for the administraco͞n of Justice to all our subjects inhabiting within the limitts aforesaid in all Causes aswell Civill as Criminall And that the President or any seaven of the Councell for the time being shall have full power & authority to hold Plea in all Cases from time to time aswell in pleas of the Crowne and in all matters relating to the conservaco͞n of the Peace and punishment of Offenders as in Civill Suits and Acco͞ns between party & party or between vs and any of our subjects there whether the same do concern the Realty & relate to any right of Freehold & Inheritance or whether the same do concern the personalty and relate to some matter of debt Contract damage or other personall Injury And also in all mixt Ac͞cons which may concern both Reality & psonality and therein after due & orderly proceedings & deliberate hearing of both sides to give Judgement & to award Execuco͞n aswell in Criminall as in Civill Cases as aforesaid so alwaies that the formes of proceedings in such Cases & the Judgements thereupon to be given be as consonant & agreeable to the Lawes & Statutes of this our Realme of England as the p^rsent State & Condico͞n of our subjects Inhabiting within the Limitts aforesaid and the circumstances of the place will admitt And the President & Councell for the time being and every one of them respectively before they be admitted to their severall & respective offices & charges shall also take this oath following you shall sweare well & truely to administer Justice to all his ma͞ties good subjects inhabiting within the Territory and Dominion of New England vnder this his ma͞ties Government and also duely & faithfully to discharge & execute the trusts in you reposed according to the best of your knowledge you shall spare no person for favor or affecc̄on nor any person grieve for hatred or ill will So help you God And Wee doe further hereby give & grant vnto our said President & Councell or to the major part of them full power & authority to erect constitute & establish such and soe many County Courts & other Inferior Courts of Judicature & publick Justice within our said Colony & Dominion as they shall think fitt and necessary for the hearing & determining of all Causes aswell Criminall as Civill according to Law & equity and for awarding of execuco͞n thereupon with all reasonable & necessary powers authoritys Fees & priviledges belonging vnto them Nevertheless It is our Will & pleasure and soe we do hereby expressly declare that it shall and may be lawful from time to time to & for all and every person who shall think him or themselves aggrieved by any sentence Judgement or decree ꝑ nounced given or made as aforesaid in about or concerning the title of any Land Or other reall estate or in any personall Ac͞con or suit above the value of three hundred pounds & not vnder to appeale from such Judgement Sentence & Decree vnto vs in our Privy Councel But with & vnder this Caution & limitaco͞n that the Appellant shall first enter into and give good Security to pay full costs in case no Releife shall be obteyned vpon such Appeale And for the better defence & security of all our Loving Subjects within our said Territory & Dominion of New England our further Will & pleasure is and Wee do hereby authorize require & Comand our said President & Councell for the time being in Our name and vnder the Seale by vs appointed or to bee appointed to be vsed to give & yssue forth Comissions from time to time to such person & persons whom they shall Judge best qualified for the Regulaco͞n & discipline of the militia of our said Territory & Dominion and for the arraying & mustering the Inhabitants thereof & instructing them how to beare & vse their Armes and that care be taken that such good discipline shall be observed as by the said Councell shalbe prescribed And that if any Invasions shall at any time be made or other destrucco͞n Detriment or annoyance made or done by Indians or others vpon or vnto our good subjects inhabiting within the sayd Territory & Dominion We by these p^rsents for vs our heires and Successors declare ordeyne & grant that it shall & may bee lawfull to & for our said subjects so comissioned by our said Councell from time to time and at all times for their speciall defence & safety to encounter expel repell & resist by force of armes and all other fitting wayes & means whatsoever all and every such person & persons as shall at any time hereafter attempt or enterprize the destrucco͞n Invasion detrement or Annoyance of any of our said Loving Subjects or their plantaco͞ns or Estates And above all things Wee do by these p^rsents will require & Comand Our said Councell to take all possible Care for the discountenance of all vice and incouragem^t of vertue & good Living that by such Example the Infidells may bee invited & desire to partake of the Christian Religion And for the greater Ease & satisfacco͞n of our said loving subjects in matter of Religion Wee do hereby will require & comand that liberty of Conscience shalbe allowed vnto all persons and that such especially as shall be conformable to the Rites of the Church of England shalbe ꝑticulerly countenanced and encouraged And further Wee do by these p^rsents for vs our heires & successors give & grant vnto the said Councell & their successors for the time being full & free liberty power & authority to heare & determine in all emergencies relating to the peace & good Government of our Subjects within the said Province and also to sum̄on & convene any person or persons before them and Punish Contempts and to cause the oath of Allegiance to be administred to all & every person & persons who shalbe admitted to any office or preferment and for supporting the charge of the Government of our said Territory & Dominion in New England, Our Will & pleasure is, and We do by these presents authorize & require the said President & Councell to continue such Taxes & Imposico͞ns as have been & now are laid & imposed vpon the Inhabitants thereof and that they levy & distribute, or cause the same to be levied & distributed to these Ends in the best & most equall manner they can. Also our will and pleasure is And Wee do hereby direct & appoint that if the said President of Our Councell shall happen to dy that then from and after the death of the said President, his Deputy, shall succeed him in the Office of President, and shall & may nominate and Choose any one of the said Councell to be his Deputy to p^rside in his absence And the said Deputy so succeeding shall continue in the said Office of President vntill our further Will & pleasure bee knowne therein And if any of the members of the said Councell shall happen to dy Our Will & pleasure is and Wee do hereby direct & appoint the President of our Councell for the time being to elect some other person to be a member of the said Councell for that time, and to send over the name of such person soe chosen, and the names of two more Whom our said President shall judge fittly qualified for the said trust that We our heires & successors may nominate & appoint which of the three shall be the member in the place of the member so dying And lastly our will & pleasure is that the said President & Councell for the time being do p^rpare and send vnto vs such rules & methods for their owne proceedings as may best suit with the constituco͞n of our Territory & Dominion aforesaid and for the better establishing our authority there and the government thereof that We may alter or approve the same as Wee shall think fitt. In Witnes &c. Witnes the King at Westm^r the eighth of October per ipsum Regem.

— Public Record Office, Patent Roll, 1 James II, Part 8, No. 14.

EXPLANATORY CHARTER 1725

George by the Grace of GOD of Great Britain France and Ireland king Defender of the Faith &c To all to whom these Presents shall come Greeting Whereas Our late Royal Predecessors William and Mary King and Queen of England &c Did by their letters Patents under their Great Seal of England bearing Date at Westminster the Seventh day of October in the Third year of their Reign for themselves their Heires and Successors Vnite Erect and Incorporate the Territories and Colonies commonly called or known by the Names of the Colony of the Massachusetts Bay and Colony of New Plymouth the Province of Main the Territory called Accada or Nova Scotia and all that Tract of land lying between the said Territorys of Nova Scotia and the said Province of Main into One Reall Province by the Name of Our Province of the Massachusetts Bay in New England And Whereas their said late Majesties King William and Queen Mary did by the said recited letters Patents (amongst other things therein contained) for themselves their Heires and Successors Ordain and Grant that there should and might be Convened held and kept by the Governor for the time being upon every last Wednesday in the Month of May every year forever and at all such other times as the Governor of their said Province should think fitt and Appoint a Great and Generall Court or Assembly which said Great and Generall Court or Assembly should Consist of the Governour and Council or Assistants for the time being and of such Freeholders of their said Province or Territory as should be from time to time elected or deputed by the major part of the Freeholders and other Inhabitants of the respective Towns or places who should be present at such Elections each of the said Towns and places being thereby impowered to Elect and Depute two Persons and no more to Serve for and represent them respectively in the said Great and Generall Court or Assembly and that the Governor for the time being should have full Power and Authority from time to time as he should Judge necessary to adjourn Prorogue and Dissolve all Great and General Courts or Assemblies met and Convened as aforesaid And did thereby also for themselves their Heires and Successors Provide Establish and Ordain that in the Framing and Passing of all Orders laws Statutes and Ordinances and in all Elecc͠ons and Acts of Government whatsoever to be passed made or done by the said General Court or Assembly or in Council the Governor of the said Province or Territory of the Massachusetts Bay in New England for the time being should have the Negative Voice and that without his Consent or Approbac͠on Signified and Declared in writing no such Orders laws Statutes Ordinances Elecc͠ons or other Acts of Government whatsoever so to be made passed or done by the said General Assembly or in Council should be of any force Effect or Validity any thing therein contained to the contrary in any wise notwithstanding as in and by the said letters Patents (relac͠on being therevnto had) may more fully and at large appeare And Whereas no Provision is made by the said recited letters Patents touching the Nominac͠on and Elecc͠on of a Speaker of the Representatives Assembled in any Great and Generall Court of Our said Province nor any particular Reservac͠on made of the Right of Vs Our Heires and Successors to approve or disapprove of such Speaker by the Governor of the said Province appointed or to be appointed by Vs or them for the time being And no power is Granted by the said recited letters Patents to the said House of Representatives to adjourn themselves for any time whatsoever by means whereof divers Doubts and Controversies have Arisen within Our said Province to the Interrupc͠on of the Publick Business thereof and the obstrucc͠on of Our Service Know Yee therefore that for removing the said Doubts and Controversies and preventing the like mischiefs for the future And also for the further Explanac͠on of the said recited letters Patents Wee of Our Especial Grace certain knowledge and meer moc͠on Have Granted Ordained and Appointed And by these Presents for Vs Our Heirs and Successors Do Will Grant Ordain and Appoint that for ever hereafter the Representatives Assembled in any Great or General Court of Our said Province to be hereafter Summoned shall upon the first day of their Assembling Elect a fit Person out of the said Representatives to be Speaker of the House of Representatives in such General Court and that the Person so Elected shall from time to time be presented to the Governor of Our said Province for the time being or in his absence to the lieutenant Governor or Com̄ander in Chief of Our said Province for the time being for his Approbac͠on to which Governor lieutenant Governor and Com̄ander in Chief respectively Wee do hereby for Vs Our Heires and Successors Give full power and Authority to approve or disapprove of the Person so Elected and presented which approbac͠on or disapprobac͠on shall be Signifyed by him by Message in writing under his hand to the said House of Representatives And in Case such Governour lieutenant Governor or Com̄ander in Chief shall disapprove of the Person so Elected and presented or the Person so Elected and presented being approved as aforesaid shall happen to dye or by sickness or otherwise be disabled from Officiating as Speaker in every such Case the said Representatives so Assembled shall forthwith Elect an other Person to be Speaker of the House of Representatives to be presented and approved or disapproved in manner as aforesaid and so from time to time as often as the Person so Elected and presented shall be disapproved of or happen to dye or become disabled as aforesaid And Our further Will and Pleasure is and Wee do by these presents of Our more abundant Grace for Vs Our Heires and Successors Grant Ordain and Appoint that it shall and may be lawfull to and for the Representatives assembled in any Great or Generall Court of Our said Province for the time being for ever hereafter to Adjourn themselves from day to day (and if occasion shall require) for the space of two days but not for any longer time than for the space of two days without leave from the Governor or in his Absence [from] the lieutenant Governor or Comander in Chief of Our said Province for the time being first had and obtained in that behalfe any thing in the said recited letters Patents contained to the Contrary thereof in any wise Notwithstanding Provided always that nothing in these presents contained shall Extend or be Construed to Extend to revoke alter or prejudice the Power and Authority by the said recited letters Patents Granted to the Governor of the said Province for the time being to Adjourn Prorogue and Dissolve all Great and General Courts or Assemblies of Our said Province And Lastly Wee do by these presents for Ys Our Heires and Successors Grant that these Our letters Patents or the Enrollment or Exemplificac͠on thereof shall be in and by all things good firm valid and Effectual in the law according to the true intent and meaning thereof notwithstanding the not rightly or fully reciting menc͠oning or describing the said recited letters Patents or the Date thereof or any other Omission Imperfecc͠on Defect matter Cause or thing whatsoever to the Contrary thereof in any wise notwithstanding In Witness whereof Wee have Caused these Our letters to be made Patents Witness William Archbishop of Canterbury and the rest of the Guardians and Justices of the Kingdom at Westminster the Six and twentieth day of August in the twelfth year of Our Reign

By Writ of Privy Seal

COCKS

[Endorsed:]

Massachusetts’ Bay Explanatory Ch͞r͞e. ⅌petuity.

COCKS.

RESIDENT MEMBERS

IN THE ORDER OF THEIR ENROLMENT

Council of The Colonial Society of Massachusetts

10 December, 1912

CHARTER OF THE PROVINCE of the MASSACHUSETTS BAY 1691

William and Mary by the grace of God king and Queene of England Scotland France and Ireland Defenders of the Faith &c To all to whome these presents shall come Greeting Whereas his late Majesty King James the First Our Royall Predecessor by his Letters Patents vnder the Greate Seale of England bearing date at Westminster the Third Day of November in the Eighteenth yeare of his Reigne did Give and Grant vnto the Councill established at Plymouth in the County of Devon for the Planting Ruleing Ordering and Governing of New England in America and to their Successors and Assignes all that part of America lying and being in Breadth from Forty Degrees of Northerly Latitude from the Equinoctiall Line to the Forty Eighth Degree of the said Northerly Latitude Inclusively, and in length of and within all the Breadth aforesaid throughout all the Main Lands from Sea to Sea together alsoe with all the firme Lands Soiles Grounds Havens Ports Rivers Waters Fishings Mines and Mineralls aswell Royall Mines of Gold and Silver as other Mines and Mineralls Pretious Stones Quarries and all and singular other Com̄odities Jurisdicc͠ons Royalties Priviledges Franchises and Preheminences both within the said Tract of Land vpon the Main and alsoe within the Islands and Seas adjoyning Provided alwayes that the said Lands Islands or any the premisses by the said Letters Patents intended or meant to be Granted were not not66 then actually possessed or Inhabited by any other Christian Prince or State or within the bounds Limitts or Territories of the Southern Collony then before granted by the said late King James the First [to be planted67] by divers of his Subjects in the South parts To have and to hold possesse and enjoy all and singular the aforesaid Continent Lands Territories Islands Hereditaments and Precincts Seas Waters Fishings with all and all manner of their Com̄odities Royaltyes Liberties Preheminences and Profitts that should from thenceforth arise from thence with all and singular their appurtenances and every part and parcell thereof vnto the said Councill and their Successors and Assignes for ever To the sole and proper vse and benefitt of the said Councill and their Successors and Assignes for ever to be holden of his said late Majestie King James the First his Heires and Successors as of his Mannor of East Greenwich in the County of Kent in free and Com̄on Soccage and not in Capite or by Knights Service Yeilding and paying therefore to the said late King his Heires and Successors the Fifth part of the Oar of Gold and Silver which should from time to time and at all times then after happen to be found gotten had and obteyned in all or within any of the said Lands Limitts Territories or Precincts or in or within any part or parcell 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 Heires and Successors (as in and by the said Letters Patents amongst sundry other Clauses Powers Priviledges and Grants therein conteyned more at large appeareth And Whereas the said Councill established at Plymouth in the County of Devon for the Planting Ruleing Ordering and Governing of New England in America Did by their Deed Indented vnder their Com̄on Seale bearing Date the Nineteenth Day of March in the Third yeare of the Reigne of our Royall Grandfather King Charles the First of ever Blessed Memory Give Grant Bargaine Sell Enffeoffe Alien and Confirme to Sir Henry Roswell Sir John Young Knights Thomas Southcott John Humphreys John Endicot and Simond Whetcomb their Heires and Assines and their Associats for ever All that part of New England in America afores̃d which lyes and extends betweene a great River there com̄only called Monomack aɫs Merrimack and a certaine other River there called Charles River being in a Bottom of a certaine Bay there com̄only called Massachusetts als Mattachuseetts aɫs Massatusetts Bay And alsoe 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 alsoe all and singuler the Lands and Hereditaments whatsoever lying and being within the space of three English Miles to the Southward of the Southermost part of the said Bay called the Massachusetts aɫs Mattachusetts aɫs Massatusetts Bay And alsoe all those Lands and Hereditaments whatsoever which lye and be within the space of three English Miles to the Northward of the said River called Monomack aɫs Merrimack or to the Northward of any and every part thereof And all Lands and Hereditaments whatsoever lying within the Limitts aforesaid North and South in Latitude and in Breadth and in length and longitude of and within all the Breadth aforesaid throughout the Main Lands there from the Atlantick and Western Sea and Ocean on the East parte to the South Sea on the West part and all Lands and Grounds Place and Places Soile Woods and Wood Grounds Havens Ports Rivers Waters Fishings and Hereditaments whatsoever lying within the said Bounds and Limitts and every parte and parcell thereof and alsoe all Islands lying in America aforesaid in the said Seas or either of them on the Western or Eastern Coasts or Parts of the said Tracts of Land by the said Indenture menc͠oned to be Given and Granted Bargained Sold Enffeoffed Aliened and Confirmed or any of them And alsoe all Mines and Mineralls aswell Royall Mines of Gold and Silver as other Mines and Mineralls whatsoever in the said Lands and Premisses or any parte thereof and all Jurisdicc͠ons Rights Royalties Liberties Freedoms Im̄unities Priviledges Franchises Preheminences and Comodities whatsoever which they the said Councill established at Plymouth in the County of Devon for the planting Ruleing Ordering and Governing of New England in America then had or might vse exercise or enjoy in or within the said Lands and Premisses by the same Indenture menconed to be given granted bargained sold enffeoffed and confirmed in or within any part or parcell thereof To have and to hold the said parte of New England in America which lyes and extends and is abutted as aforesaid and every parte and parcell thereof And all the said Islands Rivers Ports Havens Waters Fishings Mines Mineralls Jurisdicc͠ons Franchises Royalties Liberties Priviledges Com̄odities Hereditaments and premisses whatsoever with the appurtenances vnto the said Sir Henry Roswell Sir John Young Thomas Southcott John Humphreys John Endicott and Simond Whetcomb their Heires and Assignes and their Associates for ever to the only proper and absolute vse and behoofe of the said Sir Henry Roswell Sir [John68] Joung69 Thomas Southcott John Humphryes John Endicott and Simond Whetcomb their Heires and Assignes and their Associates for evermore To be holden of Our said Royall Grandfather King Charles the first his Heires and Successors as of his Mannor of East Greenwich in the County of Kent in free and Com̄on Soccage and not in Capite nor by Knights Service Yeilding and paying therefore vnto Our said Royall Grandfather his Heires and Successors the fifth part of the Oar of Gold and Silver which should from time to time and at all times hereafter happen to be found gotten had & obteyned in any of the said Lands within the said Limitts or in or within any part thereof for and in satisfacc͠on of all manner of duties demands and services whatsoever to be done made or paid to Our said Royall Grandfather his Heires or Successors (as in and by the said recited Indenture may more at large appeare And Whereas Our said Royall Grandfather in and by his Letters Patents vnder the Greate Seale of England bearing date at Westminster the Fourth Day of March in the Fourth yeare of his Reigne for the Considerac͠on therein menc͠oned did grant and confirme vnto the said Sir Henry Roswell Sir John Young Thomas Southcott John Humphreys John Endicott and Simond Whetcomb and to their Associates after named (vizt) Sir Ralph70 Saltenstall Kn^t Isaac Johnson Samuell Aldersey John Ven Mathew Craddock George Harwood Increase Nowell Richard Perry Richard Bellingham Nathaniell Wright Samuell Vassall Theophilus Eaton Thomas Golfe71 Thomas Adams John Browne Samuell Browne Thomas Hutchins William Vassall William Pincheon and George Foxcroft their Heires and Assignes All the said part of New England in America lying and extending betweene the bounds and limitts in the said Indenture expressed and all Lands and Grounds Place and Places Soiles Woods and Wood Grounds Havens Ports Rivers Waters Mines Mineralls Jurisdicc͠ons Rights Royalties Liberties Freedomes Imunities Priviledges Franchises Preheminences and Hereditaments whatsoever bargained sold enffeoffed and Confirmed or menc͠oned or intended to be given granted bargained sold enffeoffed aliend and confirmed to them the said Sir Henry Roswell Sir John Young Thomas Southcott John Humphreys John Endicott and Simond Whetcomb their Heires and Assignes and to their Associates for ever by the said recited Indentu[r]e To have and to hold the said part of New England in America and other the Premisses thereby menc͠oned to be granted and confirmed and every parte and parcell thereof with the appurtenances to the said Sir Henry Roswell Sir John Young Sir Richard Saltenstall Thomas Southcott John Humphreys John Endicott Simond Whetcomb Isaac Johnson Samuell Aldersey John Ven Mathew Craddock George Harwood Increase Nowell Richard Perry Richard Bellingham Nathaniel Wright Samuell Vassall Theophilus Eaton Thomas Golfe Thomas Adams John Browne Samuell Browne Thomas Hutchins William Vassall William Pincheon and George Foxcroft their Heires and Assignes for ever to their own proper and absolute vse and behoofe for evermore To be holden of Our said Royall Grandfather his Heires and Successors as of his Mannor of East Greenwich aforesaid in free and com̄on Soccage and not in Capite nor by Knights Service and alsoe yeilding and paying therefore to Our said Royall Grandfather his Heires and Successors the fifth part only of all the Oar of Gold and Silver which from time to time and at all times after should be there gotten had or obteyned for all Services Exacc͠ons and Demands whatsoever according to the tenour and Reservac͠on in the said recited Indenture expressed And further Our said Royall Grandfather by the said Letters Patents did Give and Grant vnto the said Sir Henry Roswell Sir John Young Sir Richard Saltenstall Thomas Southcott John Humphreys John Endicott Simond Whetcomb Isaac Johnson Samuell Aldersey John Ven Mathew Craddock George Harwood Encrease Nowell Richard Perrey Richard Bellingham Nathaniel Wright Samuell Vassall Theophilus Eaton Thomas Golfe Thomas Adams John Browne Samuell Browne Thomas Hut[c]hins William Vassall William Pincheon and George Foxcroft their Heires and Assignes All that part of New England in America which lyes and extends betweene a Greate River called Monomack aɫs Merrimack River and a certaine other River there called Charles River being in the Bottom of a certaine Bay there com̄only called Massachusetts aɫs Mattachusetts aɫs Massatusetts Bay and alsoe all and singular those Lands and Hereditaments whatsoever lying within the space of Three English Miles on the South part of the said River called Charles River or of any or every part thereof and alsoe all and singuler the Lands and Hereditaments whatsoever lying and being within the space of Three English Miles to the Southward of the Southermost part of the said Bay called Massachusetts aɫs Mattachusetts aɫs Massatusetts Bay And alsoe all those Lands and Hereditaments whatsoever which lye and bee within the space of Three English Miles to the Northward of the said River called Monomack aɫs Merrimack or to the Northward of any and every parte thereof And all Lands and Hereditaments whatsoever lyeing within the limitts aforesaid North and South in Latitude and [in] Breadth and in length and Longitude of and within all the Breadth aforesaid throughout the Main Lands there from the Atlantick or Western Sea and Ocean on the East parte to the South Sea on the West parte And all Lands Grounds Place and Places Soils Wood and Wood Lands Havens Ports Rivers Waters and Hereditaments whatsoever lying within the said bounds and limits and every part and parcell thereof And alsoe all Islands in America aforesaid in the said Seas or either of them on the Western or Eastern Coasts or partes of the said Tracts of Lands thereby menc͠oned to be given and granted or any of them And all Mines and Mineralls aswell Royall Mines of Gold and Silver as other Mines and Mineralls whatsoever in the said Lands and premisses or any parte thereof and free Libertie of Fishing in or within any of the Rivers and Waters within the bounds and limitts aforesaid and the Seas there-unto adjoyning and of all Fishes Royall Fishes Whales Balene Sturgeon and other Fishes of what kind or nature soever that should at any time thereafter be taken in or within the said Seas or Waters or any of them by the said Sir Henry Roswell Sir John Young Sir Richard Saltenstall Thomas Southcott John Humphryes John Endicott Simond Whetcomb Isaac Johnson Samuell Aldersey John Ven Mathew Craddock George Harwood Increase Nowell Richard Perrey Richard Bellingham Nathaniel Wright Samuell Vassall Theophilus Eaton Thomas Golfe Thomas Adams John Browne Samuell Browne Thomas Hutchins William Vassall William Pincheon and George Foxcroft their Heires or Assignes or by any other person or persons whatsoever there Inhabiting by them or any of them to be appointed to Fish therein Provided alwayes that if rights, the said Lands Islands or any the premisses before menc͠oned and by the said Letters Patents last menc͠oned intended and meant to be granted were at the time of granting of the said former Letters Patents dated the Third Day of November in the Eighteenth yeare of the Reigne of his late Majesty King James the First actually possessed or inhabited by any other Christian Prince or State or were within the bounds Limitts or Territories of the said Southern Collony then before granted by the said King to be planted by divers of his Loveing Subjects in the South parts of America That then the said Grant of our said Royall Grandfather should not extend to any such parts or parcells thereof soe formerly inhabited or lying within the bounds of the Southern Plantac͠on as aforesaid but as to those parts or parcells soe possessed or inhabited by any such Christian Prince or State or being within the boundaries aforesaid should be vtterly void To have and to hold possesse and enjoy the said parts of New England in America which lye extend and are abutted as aforesaid and every part and parcell thereof and all the Islands Rivers Ports Havens Waters Fishings Fishes Mines Mineralls Jurisdicc͠ons Franchises Royalties Riverties72 Priviledges Com̄odities and premisses whatsoever with the Appurtenances vnto the said Sir Henry Roswell Sir John Young Sir Richard Saltenstall Thomas Southcott John Humphreys John Endicott Simond Whetcomb Isaac Johnson Samuell Aldersey John Ven Mathew Craddock George Harwood Increase Nowell Richard Perry Richard Bellingham Nathaniell Wright Samuell Vassall Theophilus Eaton Thomas Golfe Thomas Adams John Browne Samuell Browne Thomas Hutchins William Vassall William Pincheon and George Foxcroft their Heires and Assignes for ever To the only proper and absolute vse and behoofe of the said Sir Henry Roswell Sir John Young Sir Richard Saltenstall Thomas Southcott John Humphryes John Endicott Simond Whetcomb Isaac Johnson Samuell Aldersey John Ven Mathew Craddock George Harwood Increase Nowell Richard Perry Richard Bellingham Nathaniell Wright Samuell Vassall Theophilus Eaton Thomas Golfe Thomas Adams John Browne Samuell Browne Thomas Hutchins William Vassall William Pincheon and George Foxcroft their Heires and Assignes for evermore To be holden of Our said Royall Grandfather his Heires and Successors as of his Mannor of East Greenwich in the County of Kent within the Realme of England in free and Com̄on Soccage and not in Capite nor by Knights Service And alsoe yeilding and paying therefore to Our said Royall Grandfather his Heires and Successors the Fifth part only of all the Oar of Gold and Silver which from time to time and at all times thereafter should be gotten had and obteyned for all services Exac͠ons and demands whatsoever Provided alwayes and his Majesties expresse Will and meaning was that only one Fifth parte of all the Gold and Silver Oar above menc͠oned in the whole and no more should be answered reserved and payable vnto Our said Royall Grandfather his Heires and Successors by colour or vertue of the said last menc͠oned Letters Patents the double reservac͠ons or recitals aforesaid or any thing therein conteyned notwithstanding And to the end that the affaires and buisnesse which from time to time should happen and arise concerning the said Lands and the Plantac͠ons of the same might be the better mannaged and ordered and for the good Government thereof Our said Royall Grandfather King Charles the First did by his said Letters Patents Create and make the said Sir Henry Roswell Sir John Young Sir Richard Saltenstall Thomas Southcott John Humphreys John Endicott Symond Whetcomb Isaac Johnson Samuell Aldersey John Ven Mathew Craddock George Harwood Increase Nowell Richard Perry Richard Bellingham Nathaniell Wright Samuell Vassall and Theophilus Eaton Thomas Golfe Thomas Adams John Browne Samuell 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 menc͠oned one Body Politique and Corporate in fact and name by the Name of the Governour and Company of the Massachusetts Bay in New England and did grant vnto them and their Successors divers powers Liberties and Priviledges as in and by the said Letters Patents may more fully and at large appeare And whereas the said Governour and Company of the Massachusetts Bay in New England by vertue of the said Letters Patents did settle a Collony of the English in the said parts of America and divers good Subjects of this Kingdome incouraged and invited by the said Letters Patents did Transport themselves and their Effects into the same whereby the said Plantac͠on did become very populous and divers Counties Townes and Places were created erected made setforth or designed within the said parts of America by the said Governour and Company for the time being And Whereas in the Terme of the holy Trinity in the Thirty Sixth yeare of the Reigne of Our dearest Vncle King Charles the Second a judgment was given in Our Court of Chancery then sitting at Westminster vpon a Writt of Scire Facias brought and prosecuted in the said Court against the Governour and Company of the Massachusetts Bay in New England that the said Letters Patents of Our said Royall Grandfather King Charles the First bearing date at Westminster the Fourth day of March in the Fourth yeare of his Reigne made and granted to the said Governour and Company of the Massachusetts Bay in New-England and the Enrollment of the same should be cancelled vacated and annihilated and should be brought into the said Court to be cancelled (as in and by the said Judgment remaining vpon Record in the said Court doth more at large appeare) And whereas severall persons employed as Agents in behalfe of Our said Collony of the Massachusetts Bay in New England have made their humble application vnto Vs that Wee would be graciously pleased by Our Royall Charter to Incorporate Our Subjects in Our said Collony and to grant and confirme vnto them such powers priviledges and Franchises as [in] Our Royall Wisdome should be thought most conduceing to Our Interest and Service and to the Welfare and happy State of Our Subjects in New England and Wee being graciously pleased to gratifie Our said Subjects And alsoe to the end Our good Subjects within Our Collony of New Plymouth in New England aforesaid may be brought vnder such a forme of Government as may put them in a better Condic͠on of defence and considering aswell the granting vnto them as vnto Our Subjects in the said Collony of the Massachusetts Bay Our Royall Charter with reasonable Powers and Priviledges will much tend not only to the safety but to the Flourishing estate of Our Subjects in the said parts of New England and alsoe to the advanceing of the ends for which the said Plantacons were at first encouraged of Our especiall Grace certaine knowledge and meer Moc͠on have willed and ordeyned and Wee doe by these presents for Vs Our Heires and Successors Will and Ordeyne that the Territories and Collonyes comonly called or known by the Names of the Collony of the Massachusetts Bay and Collony of New Plymouth the Province of Main the Territorie called Accadia or Nova Scotia and all that Tract of Land lying betweene the said Territories of Nova Scotia and the said Province of Main be Erected Vnited and Incorporated And Wee doe by these presents Vnite Erect and Incorporate the same into one reall Province by the Name of Our Province of the Massachusetts Bay in New England And of Our especial Grace certaine knowledge and meer moc͠on Wee have given and granted and by these presents for Vs Our Heires and Successors doe give and grant vnto Our good Subjects the Inhabitants of Our said Province or Territory of the Massachusetts Bay and their Successors all that parte of New England in America lying and extending from the greate River com̄only called Monomack aɫs Merrimack on the Northpart and from three Miles Northward of the said River to the Atlantick or Western Sea or Ocean on the South part And all the Lands and Hereditaments whatsoever lying within the limitts aforesaid and extending as farr as the Outermost Points or Promontories of Land called Cape Cod and Cape Mallabar North and South and in Latitude Breadth and in Length and Longitude of and within all the Breadth and Compass aforesaid throughout the Main Land there from the said Atlantick or Western Sea and Ocean on the East parte towards the South Sea or Westward as far as Our Collonyes of Rhode Island Connecticutt and the Marragansett73 Countrey all74 alsoe all that part or porc͠on of Main Land beginning at the Entrance of Pescata way Harbour and soe to pass vpp the same into the River of Newickewannock and through the same into the furthest head thereof and from thence Northwestward till One Hundred and Twenty Miles be finished and from Piscata way Harbour mouth aforesaid North-Eastward along the Sea Coast to Sagadehock and from the Period of One Hundred and Twenty Miles aforesaid to crosse over Land to the One Hundred and Twenty Miles before reckoned vp into the Land from Piscataway Harbour through Newickawannock River and alsoe the North halfe of the Isles and75 Shoales together with the Isles of Cappawock and Nantukett near Cape Cod aforesaid and alsoe [all76] Lands and Hereditaments lying and being in the Countrey and Territory com̄only called Accadia or Nova Scotia And all those Lands and Hereditaments lying and extending betweene the said Countrey or Territory of Nova Scotia and the said River of Sagadahock or any part thereof And all Lands Grounds Places Soiles Woods and Wood grounds Havens Ports Rivers Waters and other Hereditaments and premisses whatsoever lying within the said bounds and limitts aforesaid and every part and parcell thereof and alsoe all Islands and Isletts lying within tenn Leagues directly opposite to the Main Land within the said bounds and all Mines and Mineralls aswell Royall Mines of Gold and Silver as other Mines and Mineralls whatsoever in the said Lands and premisses or any parte thereof To have and to hold the said Territories Tracts Countreys Lands Hereditaments and all and singular other the premisses with their and every of their Appurtences77 to Our said Subjects the Inhabitants of Our said Province of the Massachusetts Bay in New England and their Successors to their only proper vse and behoofe for evermore To be holden of Vs Our Heires and Successors as of Our Mannor of East Greenwich in the County of Kent by Fealty only in free and Com̄on Soccage yeilding and paying therefore yearly to Vs Our Heires and Successors the Fifth part of all Gold and Silver Oar and pretious Stones which shall from time to time and at all times hereafter happen to be found gotten had and obteyned in any of the said Lands and premisses or within any part thereof Provided neverthelesse and Wee doe for Ds Our Heires and Successors Grant and ordeyne that all and every such Lands Tenements and Hereditaments and all other estates which any person or persons or Bodyes Politique or Corporate Townes Villages Colledges or Schooles doe hold and enjoy or ought to hold and enjoy within the bounds aforesaid by or vnder any Grant or estate duely made or granted by any Generall Court formerly held or by vertue of the Letters Patents herein before recited or by any other lawfull Right or Title whatsoever shall be by such person and persons Bodyes Politique and Corporate Townes Villages Colledges or Schooles their respective Heires Successors and Assignes for ever hereafter held and enjoyed according to the purport and Intent of such respective Grant vnder and Subject neverthelesse to the Rents and Services thereby reserved or made payable any matter or thing whatsoever to the contrary notwithstanding And Provided alsoe that nothing herein conteyned shall extend or be vnderstood or taken to impeach or prejudice any right title Interest or demand which Samuell Allen of London Merchant claiming from and vnder John Mason Esqr deceased or any other person or persons hath or have or claimeth to have hold or enjoy of in to or out of any part or parts of the premisses scituate within the limitts above menc͠oned But that the said Samuel Allen and all and every such person and persons may and shall have hold and enjoy the same in such manner (and no other then) as if these presents had not been had or made It being Our further Will and Pleasure that no Grants or Conveyances of any Lands Tenements or Hereditaments to any Townes Colledges Schooles of Learning or to any private person or persons shall be judged or taken to be avoided or prejudiced for or by reason of any want or defect of Form but that the same stand and remaine in force and be mainteyned adjudged and have effect in the same manner as the same should or ought before the time of the said recited Judgment according to the Laws and Rules then and there vsually practised and allowed And Wee doe further for Vs Our Heires and Successors Will Establish and ordeyne that from henceforth for ever there shall be one Governour One Leivten^t or Deputy Governour and One Secretary of Our said Province or Territory to be from time to time appointed and Commissionated by Vs Our Heires and Successors and Eight and Twenty Assistants or Councillors to be advising and assisting to the Governour of Our said province or Territory for the time being as by these presents is hereafter directed and appointed which said Councillors or Assistants are to be Constituted Elected and Chosen in such forme and manner as hereafter in these presents is expressed And for the better Execuc͠on of Our Royall Pleasure and Grant in this behalfe Wee doe by these presents for Vs Our Heires and Successors Nominate Ordeyne make and Constitute Our Trusty and Welbeloved Simon Broadstreet John Richards Nathaniel Saltenstall Wait Winthrop John Phillipps James Russell Samuell Sewall Samuel Appleton Barthilomew Gedney John Hawthorn Elisha Hutchinson Robert Pike Jonathan Curwin John Jolliffe Adam Winthrop Richard Middlecot John Foster Peter Serjeant Joseph Lynd Samuell Hayman Stephen Mason Thomas Hinckley William Bradford John Walley Barnabas Lothrop Job Alcott Samuell Daniell and Silvanus Davis Esquiers the first and present Councillors or Assistants of Our said Province to continue in their said respective Offices or Trusts Councillors or Assistants vntill the last Wednesday in May which shall be in the yeare of Our Lord One Thousand Six Hundred Ninety and Three and vntill other Councillors or Assistants shall be chosen and appointed in their stead in such manner as in these presents is expressed And Wee doe further by these presents Constitute and appoint Our Trusty and Welbeloved Isaac Addington Esquier to be Our first and present Secretary of Our said Province during Our Pleasure And Our Will and Pleasure is that the Governour of Our said Province from78 the time being shall have Authority from time to time at his discretion to assemble and call together the Councillors or Assistants of Our said Province for the time being and that the said Governour with the said Assistants or Councillors or Seaven of them at the least shall and may from time to time hold and keep a Councill for the ordering and directing the Affaires of Our said Province And further Wee Will and by these presents for Vs Our Heires and Successors doe ordeyne and Grant that there shall and may be convened held and kept by the Governour for the time being vpon every last Wednesday in the Moneth of May every yeare for ever and at all such other times as the Governour of Our said Province shall think fitt and appoint a great and Generall Court of Assembly Which said Great and Generall Court of Assembly shall consist of the Governour and council, and Councill or Assistants for the time being and of such Freeholders of Our said Province or Territory as shall be from time to time elected or deputed by the Major parte of the Freeholders and other Inhabitants of the respective Townes or Places who shall be present at such Elecc͠ons Each of the said Townes and Places being hereby impowered to Elect and Depute Two Persons and noe more to serve for and represent them respectively in the said Great and Generall Court or Assembly To which Great and Generall Court or Assembly to be held as aforesaid Wee doe hereby for Vs Our Heires and Successors give and grant full power and authority from time to time to direct appoint and declare what Number each County Towne and Place shall Elect and Depute to serve for and represent them respectively in the said Great and Generall Court or Assembly Provided always that noe Freeholder or other Person shall have a Vote in the Elecc͠on of Members to serve in any Greate and Generall Court or Assembly to be held as aforesaid who at the time of such Elecc͠on shall not have an estate of Freehold in Land within Our said Province or Territory to the value of Forty Shillings per Annȗ at the least or other estate to the value of Forty pounds Sterl’ And that every Person who shall be soe elected shall before he sitt or Act in the said Great and Generall Court or Assembly take the Oaths menc͠oned in an Act of Parliament made in the first yeare of Our Reigne Entituled an Act for abrogateing of the Oaths of Allegiance and Supremacy and appointing other Oaths and thereby appointed to be taken instead of the Oaths of Allegiance and Supremacy and shall make Repeat and Subscribe the Declarac͠on menc͠oned in the said Act before the Governour and Leivten^ṭ̣ or Deputy Governour or any two of the Assistants for the time being who shall be therevnto authorized and Appointed by Our said Governour and that the Governour for the time being shall have full power and Authority from time to time as he shall Judge necessary to adjourne Prorogue and dissolve all Great and Generall Courts or Assemblyes met and convened as aforesaid And Our Will and Pleasure is and Wee doe hereby for Vs Our Heires and Successors Grant Establish and Ordeyne that yearly once in every yeare for ever hereafter the aforesaid Number of Eight and Twenty Councillors or Assistants shall be by the Generall Court or Assembly newly chosen that is to say Eighteen at least of the Inhabitants of or Proprietors of Lands within the Territory formerly called the Collony of the Massachusetts Bay and four at the least of the Inhabitants of or Proprietors of Lands within the Territory formerly called New Plymouth and three at the least of the Inhabitants of or Proprietors of Land within the Territory formerly called the Province of Main and one at the least of the Inhabitants of or Proprietors of Land within the Territory lying between the River of Sagadahoc and Nova Scotia And that the said Councillors or Assistants or any of them shall or may at any time hereafter be removed or displaced from their respective Places or Trust of Councillors or Assistants by any Great or Generall Court or Assembly And that if any of the said Councillors or Assistants shall happen to dye or be removed as aforesaid before the Generall day of Elecc͠on That then and in every such Case the Great and Generall Court or Assembly at their first sitting may proceed to a New Elecc͠on of one or more Councillors or Assistants in the roome or place of such Councillors or Assistants soe dying or removed And Wee doe further Grant and Ordeyne that it shall and may be lawfull for the said Governour with the advice and consent of the Councill or Assistants from time to time to nominate and appoint Judges Commissioners of Oyer and Terminer Sheriffs Provosts Marshalls Justices of the Peace and other Officers to Our Councill and Courts of Justice belonging Provided alwayes that noe such Nominac͠on or Appointment of Officers be made without notice first given or sum̃ons yssued out seaven dayes before such Nominac͠on or Appointment vnto such of the said Councillors or Assistants as shall be at that time resideing within Our said Province And Our Will and Pleasure is that the Governour and Leivten^t or Deputy Governour and Councillors or Assistants for the time being and all other Officers to be appointed or Chosen as aforesaid shall before the Vndertakeing the Execuc͠on of their Offices and Places respectively take their severall and respective Oaths for the due and faithfull performance of their duties in their severall and respective Offices and Places and alsoe the Oaths appointed by the said Act of Parliament made in the first yeare of Our Reigne to be taken instead of the Oaths of Allegiance and Supremacy and shall make repeate and subscribe the Declarac͠on menc͠oned in the said Act before such Person or Persons as are by these presents herein after appointed (that is to say) The Governour of Our said Province or Territory for the time being shall take the said Oaths and make repeate and subscribe the said Decleracon before the Leivten^ṭ̣ or Before whom Deputy Governour or in his absence before any two or more of the said Persons hereby Nominated and appointed the present Councillors or Assistants of Our said Province or Territory to whom Wee doe by these presents give full power and Authority to give and administer the same to Our said Governour accordingly and after Our said Governour shall be sworn and shall have subscribed the sd Declarac͠on that then Our Leivten^t or Deputy Governour for the time being and the Councillors or Assistants before by these presents Nominated and appointed shall take the said Oaths and make repeat and subscribe the said Declarac͠on before Our said Governour and that every such person or persons as shall (at any time of the Annuall Elecc͠ons or otherwise vpon death or removeall) be appointed to be the New Councillors or Assistants and all other Officers to bee hereafter chosen from time to time shall take the Oaths to their respective Offices and places belonging and alsoe the said Oaths appointed by the said Act of Parliament to be taken instead of the Oaths of Allegiance and Supremacy and shall make repeate and subscribe the declarac͠on menc͠oned in the said Act before the Governour or Leivten^t or Deputy Governour or any two or mor Councillors or Assistants or such other Person or Persons as shall be appointed thereunto by the Governour for the time being to whom Wee doe therefore by these presents give full power and authority from time to time to give and administer the same respectively according to Our true meaning herein before declared without any Com̄ission or further Warrant to bee had and obteyned from vs Our Heires and Successors in that behalfe And Our Will and Pleasure is and Wee doe hereby require and Com̄and that all and every person and persons hereafter by Vs Our Heires and Successors nominated and appointed to the respective Offices of Governour or Leiv^t or Deputy Governour and Secretary of Our said Province or Territory (which said Governour or Liev^t or Deputy Governour and Secretary of Our said Province or Territory for the time being Wee doe hereby reserve full power and Authority to Vs Our Heires and Successors to Nominate and appoint accordingly shall before he or they be admitted to the Execuc͠on of their respective Offices take aswell the Oath for the due and faithfull performance of the said Offices respectively as alsoe the Oaths appointed by the said Act of Parliament made in the said First yeare of Our Reigne to be taken instead of the said Oaths of Allegiance and Supremacy and shall alsoe make repeate and subscribe the Declarac͠on appointed by the said Act in such manner and before such persons as aforesaid And further Our Will and Pleasure is and Wee doe hereby for Vs Our Heires and Successors Grant Establish and Ordaine That all and every of the Subjects of Vs Our Heires and Successors which shall goe to and Inhabit within Our said Province and Territory and every of their Children which shall happen to be born there or on the Seas in goeing thither or returning from thence shall have and enjoy all Libertyes and Immunities of Free and naturall Subjects within any of the Dominions of Vs Our Heires and Successors to all Intents Construcc͠ons and purposes whatsoever as if they and every of them were borne within this Our Realme of England and for the greater Ease and Encouragement of Our Loveing Subjects Inhabiting our said Province or Territory of the Massachusetts Bay and of such as shall come to Inhabit there Wee doe by these presents for vs Our heires and Successors Grant Establish and Ordaine that for ever hereafter there shall be a liberty of Conscience allowed in the Worshipp of God to all Christians (Except Papists) Inhabiting or which shall Inhabit or be Resident within our said Province or Territory And Wee doe hereby Grant and Ordaine that the Gouernor or leiveten^t or Deputy Gouernor of our said Province or Territory for the time being or either of them or any two or more of the Councill or Assistants for the time being as shall be thereunto appointed by the said Gouernor shall and may at all times and from time to time hereafter have full Power and Authority to Administer and give the Oathes appointed by the said Act of Parliament made in the first yeare of Our Reigne to be taken instead of the Oathes of Allegiance and Supremacy to all and every person and persons which are now Inhabiting or resideing within our said Province or Territory or which shall at any time or times hereafter goe or passe thither And wee doe of our further Grace certaine knowledge and meer moc͠on Grant Establish and Ordaine for Vs our heires and Successors that the great and Generall Court or Assembly of our said Province or Territory for the time being Convened as aforesaid shall for ever have full Power and Authority to Erect and Constitute Judicatories and Courts of Record or other Courts to be held in the name of Vs Our heires and Successors for the Hearing Trying and Determining of all manner of Crimes Offences Pleas Processes Plaints Acc͠ons Matters Causes and things whatsoever ariseing or happening within Our said Province or Territory or between persons Inhabiting or resideing there whether the same be Criminall or Civill and whether the said Crimes be Capitall or not Capitall and whether the said Pleas be Reall personall or mixt and for the awarding and makeing out of Execution thereupon To which Courts and Judicatories wee doe hereby for vs our heirs and Successors Give and Grant full power and Authority from time to time to Administer oathes for the better Discovery of Truth in any matter in Controversy or depending before them And wee doe for vs Our Heires and Successors Grant Establish and Ordaine that the Gouernor of our said Province or Territory for the time being with the Councill or Assistants may doe execute or performe all that is necessary for the Probate of Wills and Granting of Administrac͠ons for touching or concerning any Interest or Estate which any person or persons shall have within our said Province or Territory And whereas Wee judge it necessary that all our Subjects should have liberty to Appeale to vs our heires and Successors in Cases that may deserve the same Wee doe by these presents Ordaine that incase either party shall not rest satisfied with the Judgement or Sentence of any Judicatories or Courts within our said Province or Territory in any Personall Acc͠on wherein the matter in difference doth exceed the value of three hundred Pounds Sterling that then he or they may appeale to vs Our heires and Successors in our or their Privy Councill Provided such Appeale be made within Fourteen dayes after y^e Sentence or Judgement given and that before such Appeale be allowed Security be given by the party or parties appealing in the value of the matter in Difference to pay or Answer the Debt or Damages for the which Judgement or Sentence is given With such Costs and Damages as shall be Awarded by vs Our Heires or Successors incase the Judgement or Sentence be affirmed And Provided alsoe that no Execution shall be stayd or suspended by reason of such Appeale vnto vs our Heires and Successors in our or their Privy Councill soe as the party Sueing or takeing out Execution doe in the like manner give Security to the value of the matter in difference to make Restitucion in Case the said Judgement or Sentence be reversed or annul’d vpon the said Appeale And we doe further for vs our Heires and Successors Give and Grant to the said Governor and the great and Generall Court or Assembly of our said Province or Territory for the time being full power and Authority from time to time to make ordaine and establish all manner of wholsome and reasonable Orders Laws Statutes and Ordinances Directions and Instructions either with penalties or without (soe as the same be not repugnant or contrary to the Lawes of this our Realme of England) as they shall Judge to be for the good and welfare of our said Province or Territory And for the Gouernment and Ordering thereof and of the People Inhabiting or who shall Inhabit the same and for the necessary support and Defence of the Government thereof And wee doe for vs our Heires and Successors Giue and grant that the said Generall Court or Assembly shall have full power and Authority to name and settle Annually all Civill Officers within the said Province such Officers Excepted the Election and Constitution of whome wee have by these presents reserved to vs Our Heires and Successors or to the Governor of our said Province for the time being and to Settforth the severall Duties Powers and Lymitts of every such Officer to be appointed by the said Generall Court or Assembly and the formes of such Oathes not repugnant to the Lawes and Statutes of this our Realme of England as shall be respectiuely Administred vnto them for the Execution of their severall Offices and places And alsoe to impose Fines mulcts Imprisonments and other Punishments And to Impose and leavy proportionable and reasonable Assessments Rates and Taxes vpon the Estates and Persons of all and every the Proprietors and Inhabitants of our said Province or Territory to be Issued and disposed of by Warrant vnder the hand of the Governor of our said Province for the time being with the advice and Consent of the Councill for Our service in the necessary defence and support of our Government of our said Province or Territory and the Protection and Preservation of the Inhabitants there according to such Acts as are or shall be in force within our said Province and to dispose of matters and things whereby our Subjects inhabitants of our said Province may be Religiously peaceably and Civilly Governed Protected and Defended soe as their good life and orderly Conversation may win the Indians Natives of the Country to the knowledge and obedience of the onely true God and Saviour of Mankinde and the Christian Faith which his Royall Majestie our Royall Grandfather king Charles the first in his said Letters Patents declared was his Royall Intentions And the Adventurers free Possession79 to be the Princepall end of the said Plantation And for the better secureing and maintaining Liberty of Conscience hereby granted to all persons at any time being and resideing within our said Province or Territory as aforesaid Willing Comanding and Requireimg80 and by these presents for vs Our heires and Successors Ordaining and appointing that all such Orders Lawes Statutes and Ordinances Instructions and Directions as shall be soe made and published vnder our Seale of our said Province or Territory shall be Carefully and duely observed kept and performed and put in Execution according to the true intent and meaning of these presents Provided alwaies and Wee doe by these presents for vs Our Heires and Successors Establish and Ordaine that in the frameing and passing of all such Orders Laws Statutes and Ordinances and in all Elections and Acts of Government whatsoever to be passed made or done by the said Generall Court or Assembly or in Councill the Governor of our said Province or Territory of the Massachusetts Bay in New England for the time being shall have the Negative voice and that without his consent or Approbation signified and declared in Writeing no such Orders Laws Statutes Ordinances Elections or other Acts of Government whatsoever soe to be made passed or done by the said Generall Assembly or in Councill shall be of any Force effect or validity anythimg81 herein contained to the contrary in anywise notwithstanding And wee doe for vs Our Heires and Successors Establish and Ordaine that the said Orders Laws Statutes and Ordinances be by the first opportunity after the makeing thereof sent or Transmitted vnto vs Our Heires and Successors vnder the Publique Seale to be appointed by vs for Our or their approbation or Disallowance And that incase all or any of them shall at any time within the space of three yeares next after the same shall have been presented to vs our Heires and Successors in Our or their Privy Councill be disallowed and reiected and soe signified by vs Our Heires and Successors vnder our or their Signe Manuall and Signett or by or in our or their Privy Councill vnto the Governor for the time being then such and soe many of them as shall be soe disallowed and riected82 shall thenceforth cease and determine and become vtterly void and of none effect Provided alwais that incase Wee our Heires or Successors shall not within the Terme of Three Yeares after the presenting of such Orders Lawes Statutes or Ordinances as aforesaid signifie our or their Disallowance of the same Then the said orders Lawes Statutes or Ordinances shall be and continue in full force and effect according to the true Intent and meaneing of the same vntill the Expiracon thereof or that the same shall be Repealed by the Generall Assembly of our said province for the time being Provided alsoe that it shall and may be Lawfull for the said Governor and Generall Assembly to make or passe any Grant of Lands lying within the Bounds of the Colonys formerly called the Collonys of the Massachusetts Bay and New Plymouth and province of Main in such manner as heretofore they might have done by vertue of any former Charter or Letters Patents which grants of lands within the Bounds aforesaid Wee doe hereby Will and ordaine to be and continue for ever of full force and effect without our further Approbation or Consent And soe as Neverthelesse and it is Our Royall Will and Pleasure That noe Grant or Grants of any Lands lying or extending from the River of Sagadehock to the Gulph of S^t Lawrence and Canada Rivers and to the Main Sea Northward and Eastward to be made or past by the Governor and Generall Assembly of our said Province be of any force validity or Effect vntill Wee Our Heires and Successors shall have Signified Our or their Approbac͠on of the same And Wee doe by these presents for vs Our Heires and Successors Grant Establish and Ordaine that the Governor of our said Province or Territory for the time being shall have full Power by himselfe or by any Cheif Com̄ander or other Officer or Officers to be appointed by him from time to time to traine instruct Exercise and Governe the Militia there and for the speciall Defence and Safety of Our said Province or Territory to assemble in Martiall Array and put in Warlike posture the Inhabitants of Our said Province or Territory and to lead and Conduct them and with them to Encounter Expulse Repell Resist and pursue by force of Armes aswell by Sea as by Land within or without the limitts of Our said Province or Territory and alsoe to kill slay destroy and Conquer by all fitting wayes Enterprises and meanes whatsoever all and every such Person and Persons as shall at any time hereafter Attempt or Enterprize the destrucc͠on Invasion Detriment or Annoyance of Our said Province or Territory and to vse and exercise the Law Martiall in time of actuall Warr Invasion or Rebellion as occasion shall necessarily require and alsoe from time to time to Erect Forts and to fortifie any place or Places within Our said Province or Territory and the same to furnish with all necessary Am̃unic͠on Provisions and Stores of Warr for Offence or Defence and to comitt from time to time the Custody and Government of the same to such Person or Persons as to him shall seem meet And the said Forts and Fortificac͠ons to demolish at his Pleasure and to take and surprise by all waies and meanes whatsoever all and every such Person or Persons with their Shipps Arms Ammunic͠on and other goods as shall in a hostile manner Invade or attempt the Invading Conquering or Annoying of Our said Province or Territory Provided alwayes and Wee doe by these presents for Vs Our Heires and Successors Grant Establish and Ordeyne That the said Governour shall not at any time hereafter by vertue of any power hereby granted or hereafter to be granted to him Transport any of the Inhabitants of Our said Province or Territory or oblige them to march out of the Limitts of the same without their Free and voluntary consent or the Consent of the Great and Generall Court or Assembly of Our said Province or Territory nor grant Com̄issions for exerciseing the Law Martiall vpon any the Inhabitants of Our said Province or Territory without the Advice and Consent of the and Councill or Assistants of the same Provided in like manner and council Wee doe by these presents for Vs Our Heires and Successors Constitute and Ordeyne that when and as often as the Governour of Our said Province for the time being shall happen to dye or be displaced by Vs Our Heires or Successors or be absent from his supply his Government That then and in any of the said Cases the Leivtenant or Deputy Governour of Our said Province for the time being shall have full power and authority to doe and execute all and every such Acts Matters and things which Our Governour of Our said Province for the time being might or could by vertue of these Our Letter Patents lawfully doe or execute if he were personally present vntill the returne of the Governour soe absent or Arrivall or Constituc͠on of such other Governour as shall or may be appointed by Vs Our Heires or Successors in his stead and that when and as often as the Governour and Lievtenant or Deputy Governour of Our said Province or Territory for the time being shall happen to dye or be displaced by Vs Our Heires or Successors or be absent from Our said Province and that there shall be no person within the said Province Com̄issionated by Vs Our Heires or Successors to be Governour within the same Then and in every of the said Cases the Councill or Assistants of Our said Province shall have full power and Authority and Wee doe hereby give and grant vnto the said Councill or Assistants of Our said Province for the time being or the Major parte of them full power and Authority to doe and execute all and every such Acts matters and things which the said Governour or Leivtenant or Deputy Governour of Our said Province or Territory for the time being might or could lawfully doe or exercise if they or either of them were personally present vntill the returne of the Governour Leivtenant or Deputy Governor soe Absent or Arrivall or Constituc͠on of such other Governour or Leivtenant or Deputy Governour as shall or may be appointed by Vs Our Heires or Successors from time to time Provided alwaies and it is hereby declared that nothing herein shall extend or be taken to Erect or grant or allow the Exercise of any tion reserved to Admirall Court Jurisdicc͠on Power or Authority but that the same shall be and is hereby reserved to Vs and Our Successors and shall from time to time be Erected Granted and exercised by vertue of Com̄issions to be yssued vnder the Great Seale of England or vnder the Seale of the High Admirall or the Com̄issioners for executing the Office of High Admirall of England And further Our expresse Will and Pleasure is And Wee doe by these presents for Vs Our Heires and Successors Ordaine and appoint that these Our Letters Patents shall not in any manner Enure or be taken to abridge bar or hinder any of Our loveing Subjects whatsoever to vse and exercise the Trade of Fishing vpon the Coasts of New England but that they and every of them shall have full and free power and Libertie to continue and vse their said Trade of Fishing vpon the said Coasts in any of the seas therevnto adjoyning or any Arms of the said Seas or Salt Water Rivers where they have been wont to fish and to build and set vpon the Lands within Our said Province or Collony lying wast and not then possesst by perticuler Proprietors such Wharfes Stages and Workhouses as shall be necessary for the salting drying keeping and packing of their Fish to be taken or gotten vpon that Coast And to Cutt down and take such Trees and other Materialls there growing or being vpon any parts or places lying wast and not then in possession of particular proprietors as shall be needfull for that purpose and for all other necessary easments helps and advantages concerning the Trade of Fishing there in such manner and forme as they have been heretofore at any time accustomed to doe without makeing any Wilfull Wast or Spoile any thing in these presents conteyned to the contrary notwithstanding And lastly for the better provideing and furnishing of Masts for Our Royall Navy Wee doe hereby reserve to Vs Our Heires and Successors all Trees of the Diameter of Twenty Four Inches and vpwards of Twelve Inches from the ground growing vpon any soyle or Tract of Land within Our said Province or Territory not heretofore granted to any private persons And Wee doe restraine and forbid all persons whatsoever from felling cutting or destroying any such Trees without the Royall Lycence of Vs Our Heires and Successors first had and obteyned vpon penalty of Forfeiting One Hundred Pounds sterling vnto Ous Our Heires and Successors for every such Tree soe felled cutt or destroyed without such Lycence had and obteyned in that behalfe any thing in these presents conteyned to the contrary in any wise Notwithstanding In Witness whereof Wee have caused these our Letters to be made Patents Witness Ourselves att Westminster the Seaventh Day of October in the Third yeare of Our Reigne

By Writt of Privy Seale

PIGOTT

Pro Fine in Hanaperio quadragint Marcas

J. Trevor C. S.

W. Rawlinson C. S.

G. Hutchins C. S.83

TABLE of REGNAL YEARS, 1684–1776

SOVEREIGNS OF ENGLAND, 1603–1776

LIST OF OFFICIALS

1685–177539

ALPHABETICAL LIST OF COMMISSIONS

1667–1774

CHRONOLOGICAL LIST OF COMMISSIONS

1667–177421