meant to be granted, were, at the time of the granting of the faid former letters patents, dated the third day of November, in the eighteenth year of the reign of his late Majefty, King James the First, actually poffeffed or inhabited by any other christian prince or ftate, or were within the bounds, limits, or territories of the faid fouthern colony, then before granted" by the faid King, to be planted by divers of his loving fubjects in the fouth parts of America, That then the faid grant of our faid royal grandfather fhould not extend to any fuch parts or parcels thereof, fo formerly inhabited, or lying within the bounds of the fouthern plantation as aforefaid; but as to those parts or parcels, fo poffeffed or inhabited by any fuch Chriftian prince or state, or being within the boundaries aforefaid, fhould be utterly void. To have and to hold, poffefs and enjoy, the faid parts of New-England, in America, which lie, extend, and are abutted, as aforefaid, and every part and parcel thereof; and all the islands, rivers, ports, havens, waters, fifhings, fifhes, mines, minerals, jurifdictions, franchifes, royalties, liberties, privileges, commodities, and premiffes whatsoever, with the appurtenances, unto the faid Sir Henry Rofwell, Sir John Young, Sir Richard Saltenftall, Thomas Southcott, John Humphreys, John Endicott, Simon Whetcombe, Ifaac Johnfon, Samuel Alderfey, John Ven, Matthew Craddock, George Harwood, Increase Nowell, Richard Perry, Richard Bellingham, Nathaniel Wright, Samuel Vaffal, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Brown, Samuel Brown, Thomas Hutchins, William Vaffal, William Pincheon, and George Foxcroft, their heirs and assigns, for " ever; to the only proper and abfolute use and behoof of the faid Sir Henry Rofwell, Sir John Young, Sir Richard Saltenftall, Thomas Southcott, John Humphreys, John Endicott, Simon Whetcombe, Ifaac Johnfon, Samuel Alderfey, John Ven, Matthew Craddock, George Harwood, Increase Nowell, Richard Perry, Richard Bellingham Nathaniel Wright, Samuel Vaffal, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Brown, Samuel Brown, Thomas Hutchins, William Vaffall, William Pincheon, and George Foxcroft, their heirs and affigns, for evermore, to be holden of our faid royal grandfather, his heirs and fucceffors, as of his manor of Eaft-Greenwich, in the county of Kent, within the realm of England, in free and common foccage, and not in capite, nor by knights fer

vice

vice; and alfo yielding and paying therefore, to our faid royal grandfather, his heirs and fucceffors, the fifth part only of all the ore of gold and filver, which, from time to time, and at all times hereafter, fhould be gotten, had, or obtained, for all fervices, exactions, and demands whatsoever. Provided always, and his Majefty's exprefs will and meaning was, That only that one fifth part of all the gold and filver ore abovementioned, in the whole, and no more, fhould be answered, reserved, or payable unto our faid royal grandfather, his heirs and fucceffors, by colour or virtue of the faid laft mentioned letters patents, the double refervations, or recitals aforefaid, or any thing therein contained notwithstanding. And to the end that the affairs and bufinefs which, from time to time, fhould happen and arife concerning the faid lands, and the plantations of the fame, might be the better managed and ordered, and for the good government thereof, our faid royal grandfather, King Charles the Firft, did, by his faid letters patents, create and make the faid Sir Henry Rofwell, Sir John Young, Sir Richard Saltenftall, Thomas Southcott, John Humphreys, John Endicott, Simon Whetcombe, Ifaac Johnson, Samuel Alderfey, John Ven, Matthew Craddock, George Harwood, Increase Nowel, Richard Perry, Richard Bellingham, Nathaniel Wright, Samuel Vaffall, and Theophilus Eaton, Thomas Goffe, Thomas Adams, John Brown, Samuel Brown, Thomas Hutchins, William Vaffal, William Pincheon, and George Foxcroft, and all fuch others as fhould thereafter be admitted and made free of Body corpo- the company and fociety therein after mentioned, one body corporate and politic in fact and name, by the name of the Governor and Company of the Massachusetts Bay, in New-England; and did grant unto them and their fucceffors, divers powers, liberties, and privileges, as in and by the faid letters patents may more fully and at large appear. And whereas the faid governor and company of the Mafiachusetts Bay, in New-England, by virtue of the faid letters patents, did fettle a colony of the English in the said parts of America, and divers good fubjects of this kingdom, encouraged and invited by the faid letters patents, did tranfport themselves and their effects into the fame, whereby the faid plantation did become very populous, and divers counties, towns, and places, were created, erected, made, and fet forth, or defigned within the faid parts of America, by the faid governor and company, for the time being. And whereas,

rale.

4

charter va

whereas, in the term of the Holy Trinity, in the thirtyfixth year of the reign of our deareft uncle King Charles the The first Second, a judgment was given in our court of chancery,cated by a then fitting at Westminster, upon a writ of fire facias judgment in brought and profecuted in the faid court against the gover- chancery, nor and company of the Maffachusetts Bay, in New Eng- anno 1684, land; and that the faid letters patent of our faid royal grandfather, King Charles the Firft, bearing date at Westminster, the fourth day of March, in the fourth year of his reign, made and granted to the faid governor and company of the Maffachusetts Bay, in New-England, and the enrollment of the fame, fhould be cancelled, vacated, and annihilated, and fhould be brought into the faid court to be canceled, (as in and by the faid judgment, remaining upon record in the faid court, doth more at large appear.) And whereas feveral The agents perfons employed as agents in behalf of our faid colony of of that colony petitithe Maflachufetts Bay, in New-England, have made their tioned to be humble application unto us, that we would be gracioufly reincorpopleafed, by our royal charter, to incorporate our fubjects in rated, as our faid colony, and to grant and confirm unto them fuch formerly. powers, privileges, and franchifes, as in our royal wisdom fhould be thought moft conducing to our intereft and service, and to the welfare and happy ftate of our fubjects in NewEngland. And we being graciously pleafed to gratifie our faid fubjects; and alfo to the end our good fubjects within our colony of New-Plymouth, in New-England aforefaid, may be brought under fuch a form of government, as may put them in a better condition of defence ; and confidering as well the granting unto them, as unto our fubjects in the faid colony of the Maffachusetts Bay, our royal charter, with reasonable powers and privileges, will much tend, not only to the fafety but to the flourishing eftate of our fubjects in the faid parts of New England, and alfo to the advancing of the ends for which the faid plantations were at firft encouraged, of our fpecial grace, certain knowledge, and mere motion, have willed and ordained, and we do by these presents, for us, our heirs and fucceffors, will and ordain, That the teritories and colonies commonly called The Maffaand known by the names of the colony of the Maffachusetts chusetts, Bay, and colony of New-Plymouth, the province of Main, Plymouth, and the prothe territory called Accada, or Nova Scotia; and all that tract vince of of land lying between the faid territories of Nova Scotia, Main, Noand the faid province of Main, be erected, united, and in-va Scotia, corporated and we do by thefe prefents unite, erect, and made one incorporate the fame into one real province, by the name of province.

B

our

united, and

our province of the Massachusetts Bay, in New-England; and of our especial grace, certain knowledge, and mere motion, we have given and granted, and by thefe prefent, for us, our heirs and fucceffors, do give and grant, unto our good fubjects the inhabitants of our faid province or terriand bounds tory of the Maffachusetts Bay, and their fucceffors, all that of that pro- part of New-England, in America, lying and extending vince. from the great river commonly called Monomack, alias Me

The extent

rimack, on the north part, and from three miles northward of the faid river to the Atlantick or Western Sea or Ocean on the South part, and all the lands and hereditaments whatfoever, lying within the limits aforefaid, and extending as far as the outermoft points or promontories of land called Cape-Cod, and Cape-Malabar, north and fouth, and in latitude, breadth, and in length, and longitude, of and within all the breadth and compafs aforefaid, throughout the main land there, from the faid Atlantic or Weftern Sea and Ocean, on the east part, towards the South Sea, or Weftward, as far as our colonies of Rhode-Ifland, Connecticut, and the Narraganfet country. And alfo, all that part and portion of main land, beginning at the entrance of Pifcataway Harbour, and fo to pafs up the fane into the river of Newichwannock, and through the fame into the furtheft head thereof, and from thence north-weftward; till one hundred and twenty miles be finifhed, and froin Piscataway Harbour's mouth aforefaid, north eastward along the fea coaft to Sagadahock, and from the period of one hundred and twenty miles aforefaid, to cross over land to the one hundred and twenty miles before reckoned up, into the land from Pifcataway harbour through Newichwannock river; and alfo, the north-half of the ifles of Shoals, together with the ifles of Capawock, and Nantuckett near Cape-Cod aforefaid; and alfo the lands and hereditaments lying and being in the country or territory, commonly called Accada, or Nova Scotia; and all those lands and hereditaments lying and extending between the faid country or territory of Nova Scotia; and the faid river of Sagadahock, or any part thereof; and all lands, grounds, places, foils,. woods. and wood-grounds, havens, ports, rivers, waters, and other hereditaments and premiffes whatsoever, lying All mines within the faid bounds and limits aforefaid, and every part and mine- and parcel thereof. And alfo, all islands and iflets lying rals granted within ten leagues directly oppofite to the main land, within the faid bounds; and all mines and minerals, as well royal their fuc- mines of gold and filver, as other mines and minerals whatfoever, in the faid lands and premiffes, or any part thereof.

to the inha-·

bitants and

ceffors.

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All lands,

heredita

ments, &c.

any town,

college, or

To have and to hold the faid territories, tracts, countries, lands, hereditaments, and all and fingular other the premiffes, with their and every of their appurtenances, to our faid fubjects the inhabitants of our faid province of the Maffachuffetts Bay in New-England, and their fucceffors, to their only proper use and behoof, for evermore: to be holden of us, our heirs and fucceffors, as of our manor of Eaft-Greenwich, in the county of Kent, by fealty only in free and common foccage yielding and paying therefore yearly, to us, our heirs, Saving one fifth of gold and fucceffors, the fifth part of all gold and filver ore, and and filver precious ftones, which fhall, from time to time, and at all ore, &c. times hereafter, happen to be found, gotten, had and obtained in any of the faid lands and premiffes, or within any part thereof. Provided nevertheless. and we do for us, our heirs and fucceffors, grant and ordain, That all and every fuch lands, tenements, and hereditaments, and all other eftates, me which any perfon or perfons, or bodies politic or corporate, formerly towns, villages, colleges, or fchools, do hold and enjoy, or granted to ought to hold and enjoy, within the bounds aforesaid, by or under any grant or eftate, duly made or granted by any fchool of general court formerly held, or by virtue of letters patents learning, herein before recited, or by any other lawful right or title confirmed, whatsoever, shall be, by fuch perfon and perfons, bodies politic and corporate, towns, villages, colleges, or fchools, their refpective heirs, fucceffors, and affigns, for ever hereafter held and enjoyed, according to the purport and intent of fuch refpective grant, under and fubject nevertheless, to the rents and services thereby referved, or made payable, any matter or thing whatsoever to the contrary notwithstanding. Saving for And provided alfo, That nothing herein contained fhall ex- Samuel Altend, or be understood or taken to impeach or prejudice any len's claim. right, title, intereft, or demand, which Samuel Allen, of London, merchant, claiming from and under John Mafon, Efq; deceased, or any other perfon or persons, hath or have, or claimeth, or claim, to have, hold, or enjoy, of, into, or out of any part or parts of the premiffes, fituate within the limits above-mentioned; but that the faid Samuel Allen, and all and every fuch perfon and perfons, may and shall have, hold, and enjoy, the fame, in fuch manner (and no other than) as if thefe prefents had not been or made. It being our further will and pleasure, That no grants or con- Grants or veyances of any lands, tenements, or hereditaments, to any ces not pretowns, colleges, fchools of learning, or to any private per- judiced for fon or perfons, fhall be judged or taken to be avoided or want of prejudiced, for or by reafon of any want or defect of form, form.

B 2

but

conveyan