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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 these presens, for us, our heirs and successors, do give and grant, unto our good subjects the inhabitants of our said province or terri
tory of the Massachusetts Bay, and their succeffors, all that and bounds part of New-England, in America, lying and extending of that pro- from the great river commonly called Monomack, alias Me
rimack, on the north part, and from three miles northward
and parcel thereof. And also, all islands and islets lying All mines
es within ten leagues directly opposite to the main land, with rals grant- in the said bounds; and all mines and minerals, as well royal ed to the mines of gold and filver, as other mines and minerals whatinhabitants
their soever, in the faid lands and premisles, or any part thereof. Succeflors. . .
with parcel thereof directly opposite id minerals, as we what
To have and to hold the said territories, tracts, countries, lands, hereditaments, and all and singular other the premisses, with their and every of their appurtenances, to our faid subjects the inhabitants of our faid province of the Massachusetts Bay, in New-England, and their successors, to their only proper use and behoof, for evermore: to be holden of us, our heirs and successors, as of our manor of East-Greenwich, in the county of Kent, by fealty only in free and common soccage: yielding and paying therefore yearly, to us, our heirs Saving and successors, the fifth part of all gold and silver ore, and fifth of gold precious stones, which Ihall, from time to time, and at all and filver times hereafter, happen to be found, gotten, had, and ob- ore, &c. tained in any of the said lands and premisses, or within any part thereof. Provided nevertheless, and we do for us, our heirs and successors, grant and ordain, That all and every All lands, such lands, tenements, and hereditaments, and all other estates, heredita
ments. &c. which any person or persons, or bodies politick or corporate, to towns, villages, colleges, or schools, do hold and enjoy, or granted to ought to hold and enjoy, within the bounds aforesaid, by or any town,
college, or under any grant or estate, duly made or granted by any school 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 such person and persons, bodies politic and corporate, towns, villages, colleges, or schools, their respective heirs, successors, and asigns, for ever hereafter held and enjoyed, according to the purport and intent of such respective grant, under and subject nevertheless, to the rents and services thereby reserved, or made payable, any matter or thing whatsoever to the contrary notwithstanding. And provided also, That nothing herein contained shall ex- Saving for tend, or be understood or taken to impeach or prejudice any Samuel Al. right, title, interest, or demand, which Samuel Allen, of len's claim, London, merchant, claiming from and under John Mason, Esq; deceased, or any other person 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 premisses, situate within the limits above mentioned, but that the said Samuel Allen, and all and every such person and persons, may and shall have, hold, and enjoy the same, in fuch manner (and no other than) as if these presents had not been or made. It' being our further will and pleasure, That no grants or con- Grants of veyances of any lands, tenements, or hereditaments, to any conveyantowns, colleges, schools of learning or to any private per-.
judiced for fon or persons, shall be judged or taken to be avoided or want of prejudiced, for or by reason of any want or defect of form, form.
but that the same stand and remain of force, and be maintained and adjudged, and have effect in such manner as the fame should or ought, before the time of the said recited judg . ment, according to the laws and rules then and there usually
practised and allowed. And we do further, for us, our heirs The gover
and successors, will, establish, and ordain, That from hencenors council forth for ever, there shall be one governor, one lieutenant or to consist of deputy governor, and one secretary of our said province or
territory, to be, from time to time, appointed and commiffionated by us, our heirs and successors, and eight-and-twenty assistants, or councillors, to be advising and assisting to the governor of our faid 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 form and manner as hereafter in these presents is expressed. And for the better execution of our royal pleasure and grant in this behalf, we do, by these presents,
for us, our heirs and successors, nominate, ordain, make, The names and constitute, our trusty and well-beloved Simon Broadstreet, of the first John Richards, Nathaniel Saltenstall, Wait Winthrop, John affiftants.
Phillips, James Russel, Samuel Sewall, Samuel Appleton, Bartholomew Gedney, John Hathorn, Elishah Hutchinson, Robert Pike, Jonathan Corwin, John Jolliffe, Adam Winthrop, Richard Middlecot, John Foster, Peter Serjeant, Joseph Lynd, Samuel Hayman, Stephen Mason, Thomas Hinkley, William Bradford, John Walley, Barnabas Lothrop, Job Alcot, Samuel Daniel, and Silvanus Davis, Efors,
the first and present councillors or affiftants of our faid proTo conti - vince, to continue in their faid respective offices of trusts, of pue until councillors or affiftants, until the last Wednesday in May, May, 1093, which fhall be in the year of our Lord one thousand fix hunand until which ihall be in the year of our L others are dred ninety-three, and until other councillors or assistants chosen by shall be chosen and appointed in their stead, in such manner bly. allem as in these presents is expressed. And we do further, by these
presents, constitute and appoint our trusty and well-beloved Ifaac Addington, Efq; to be our first and present secretary of
our faid province, during our pleasure. And our will and The gover- pleasure is, That the governor of our faid province, for the nor with 7 the time being, fall have authority, from time to time, at alliltants to his discretion, to assemble and call together the councillors, cil. or affiftants, of our said province, for the time being; and
that the said governor, with the said affistants, or councillors, or seven of them at the least, shall and may, from time to time, hold and keep a council for the ordering and directing the affairs of our said province. And further, we will, and
be a coun
ng, and of be, from time holders, and othbe present at fuchy
by these presents, for us, our heirs and successors, do ordain and grant, That there shall and may be convened, held, and a general kept by the governor, for the time being, upon every last court or af
jsembly to Wednesday in the month of May, every year for ever, and be held in at all such other times as the governor of our said province last WedIhall think fit and appoint, a great and general court or af- nesday in
May, or oftsembly ; which faid great and general court or assembly shall consist of the governor and council, or assistants, for the time year. being, and of such free-holders of our said province or territory, as shall be, from time to time, elected or deputed by the major part of the free-holders, and other inhabitants of the respective towns and places, who shall be present at such elections; each of the said towns and places being hereby impowered to elect and depute two persons, and no more, to Two assemserve for, and represent them respectively in the said great bly men to
be chosen and general court, or assembly. To which great or genen bv the fi ral court, or assembly, to be held, as aforesaid, we do holders in hereby, for us, our heirs and fucceffors, give and grant full every town. power and authority, from time to time, to direct, appoint, and declare what number each county, town, and place shall elect and depute to serve for, and represent them. respectively in the said great and general court, or assembly, Provided always, that no free-holder, or other person, shall have a vote in the election of members to serve in any great and general court, or assembly, to be held as aforesaid, who, at the time of such election, shall not have an estate of freehold, in land, within our faid province or territory, to the value of forty shillings per annum, at the least, or other estate to the value of fifty pounds sterling; and that every person who shall be so elected, shall, before he sit or act in the said great and general court, or assembly, take the oaths mentioned in an act of parliament, made in the first year of our reign, intituled, An act for abrogating 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 declaration mentioned in the said act, before the governor, or lieutenant, or deputy governor, or any two of the assistants for the time being, who shall be thereunto authorised and appointed by our faid governor: and that the governor, The goverfor the time being, shall have full power and authority, nor has from time to time, as he shall judge necessary, to adjourn,
power to prorogue, and diffolve all great and general courts, or as- prorogue, semblies, met or convened, as aforesaid. And our will and and diffolve pleasure is, and we do hereby, for us, our heirs and succef
tors of land
fors, grant, establish, and ordain, That yearly, once in every year, for ever hereafter, the aforesaid number of eightand-twenty councillors, or assistants, shall be, by the general court or assembly, newly chosen; that is to say, eighteen
at least of the inhabitants of, or proprietors of lands, within The gover- the territory formerly called the colony of the Massachusetts cillors to be
ube Bay, and four at least of the inhabitants of, or proprietors of inhabitants lands within the territory formerly called New-Plymouth, and or proprie- three at the least of the inhabitants of, or proprietors of land
yam within the territory formerly called the province of Main, Jand. and one at the least of the inhabitants of, or proprietors of
land within the territory lying between the river of Sadagahock and Nova Scotia : and that the said councillors, or afsistants, or any of them, shall or may, at any time hereafter, be removed and displaced from their respective places or trust of councillors or affiftants, by any great or general court or assembly; and that if any of the said councillors, or assistants, shall happen to die, or be removed, as aforesaid, before the general day of election, that then, and in every such case, the great and general court or assembly, at their first fitting, may proceed to a new election of one or more councillors, or assistants, in the room or place of such coun.
cillors, or assistants, so dying or removed. And we do furIndges, fre, ther grant and ordain, That it shall and may be lawful for riffs, juri- the said governor, with the advice and consent of the counces, &c. to cil, or affiftants, from time to time, to nominate and ap
the point judges, commissioners of oyer and terminer, sheriffs, consent of provosts, marshals, justices of the peace, and other officers, the gover- to our council and courts of justice belonging. Provided nor's council.
always, That no such nomination or appointment of officers be, made without notice first given, or summons issued out seven days before such nomination or appointment, unto fuch of the said councillors, or assistants, as shall be at that
time residing within our raid province. And our will and That oathe pleasure is, That the governor, and lieutenant or deputy goare to be ta- vernor, and councillors, or assistants, for the time being, and ken. all other officers to be appointed or chosen, as aforesaid, Thall,
before the undertaking the execution of their offices and places respectively, take their several and respective oaths for the due and faithful performance of their duties in their several and respective offices and places; as also, the oaths appointed by the said act of parliament, made in the first year of our reign, to be taken instead of the oaths of allegiance and supremacy, and shall make, repeat, and subscribe the declaration mentioned in the said act, before such person
time ure is, Thuncillors, or inted or chion
What beta vernore a officers to be appene execution