« PreviousContinue »
clare and grant, unto the said governor and company, and habitants of their successors, that all and every the subjects of us, our
ur this colony. heirs and successors, which are already planted and settled within our faid colony of Providence plantations, or which shall hereafter go to inhabit within the said colony, and all and every of their children which have been born there, or which shall happen hereafter to be born there, or on the sea going thither or returning from thence, shall have and enjoy all liberties and immunities of free and natural subjects, within any the dominions of us, our heirs or successors, to all intents, constructions and purposes whatsoever, as if they and every of them were born within the realm of England. "And Grant of further know ye, that we, of our more abundant grace, cer- the colony
or the soil of tain knowledge, and mere motion, have given, granted and to the faid confirmed, and by these presents, for us, our heirs and fuc- governor & cessors, do give, grant and confirm, unto the said governor company, and company, and their successors, all that part of our dominions, in New-England in America, containing the Nahantick and Nanhygansett alias Narragansett bay and countries and parts adjacent, bounded on the west, or westerly, to the middle or channel of a river there, commonly called and known by the name of Pawcatuck alias Pawcawtuck river, and so along the said river, as the greater or middle stream thereof reacheth or lies up into the north country, northward unto the head thereof, and from thence by a strait line drawn due north, until it meet with the south line of the Massachufets colony, and on the north or northerly by the aforesaid south or soucherly line of the Massachusets colony or plantation, and extending towards the east or eastwardly three English miles, to the east and north-east of the moft eastern and north eastern parts of the aforesaid Narraganfert bay, as the said bay lieth or extendeth itself from the ocean on the south or southwardly, unto the mouth of the river which runneth towards the town of Providence, and from thence along the eastwardly fide or bank of the said river (higher called by the name of Seacunck river) up to the falls called Patucket falls, being the most westwardly line of Plymouth colony; and so from the said falls, in a strait line due north, until it meet with the aforesaid line of the Massachusets colony, and bounded on the south by the ocean, and in particular the lands belonging to the town of Provi. dence, Patuxit, Warwicke, Misquammacock alias Pawcatuck, and the rest upon the main land, in the tract aforesaid, together with Rhode-Island, Blocke-Isand, and all the rest of the islands and banks in the Narragansett bay, and bor
dering upon the coast of the tract aforesaid, (Fishers.Ifand only excepted) together with all firm lands, foils, grounds, havens, ports, rivers, waters, fishings, mines royal, and all other mines, minerals, precious stones, quarries, woods, wood-grounds, rocks, flates, and all and singular other com, modities, jurisdictions, royalties, privileges, franchises, preeminences and hereditaments whatsoever, within the said
tract, bounds, lands and islands aforesaid, to them or any Habendum. of them. belonging, or in any-wise appertaining. To have
and to hold the same, unto the said, governor and company, and their successors for ever, upon trust, for the use and be
nefit of themselves, and their associates, freemen of the faid Tenendum. colony, their heirs and asigns. To be holden of us, our
heirs and successors as of the manor of East-Greenwich, in
our county of Kent, in free and common socage, and not Redden. dum.
in capite, nor by Knight's service. Yielding and pay, ing therefore to us, our heirs and successors, only the fifth part of all the ore of gold and silver, which from time to time, and at all times hereafter, shall be there gotten, had or obtained, in lieu and satisfaction of all services, duties, fines, forfeitures made or to be made, claims and demands whatsoever, to be to us, our heirs or successors, therefore or thereout rendered, made or paid ; any grant or clause, in a late grant to the governor and company of Connecticut colony in America, to the contrary thereof in any wise notwithstand
ing; the aforesaid Pawcatuck river having been yielded after ; much debate, for the fixed and certain bounds between there
our said colonies, by the agents thereof, who have also agreed, that the said Pawcatuck river shall be also called alias Narrogancett or Narrogansett river, and to prevent future disputes that otherwise might arise thereby, for ever here, after, shall be construed, deemed and taken to be the Nar
rogancett river, in our late grant to Connecticut colony, Appeals to mentioned as the easterly bounds of that colony. And fur, the king. ther, our will and pleasure is, that in all matters of public
controversies, which may fall out between our colony of Providence plantation, to make their appeal therein to us, our
heirs and succeflors, for redress in such cases, within this Liberty to our realm of England; and that it shall be lawful to and for
res the inhabitants of the said colony of Providence plantation, the other without lett or molestation, to pass and repass with freedom English co-into and through the rest of the English colonies, upon their lonies,
lawful and civil occasions, and to converse, and hold commerce, and trade with such of the inhabitants of our other English colones as Mall be willing to admit them thereunto,
they behaving themselves peaceably among them; any act, clause or sentence, in any of the said colonies provided, or that shall be provided, to the contrary in any wise notwith standing. And lastly, we do for us, our heirs and successors, ordain and grant unto the said governor and company, and their succeffors, by these prefents, that these our letters patents shall be firm, good, effectual and available, in all things in the law, to all intents, constructions and purposes whatsoever, according to our true intent and meaning herein before declared ; and Thall be construed, reputed and adjudyed, in all cases, most favourably on the behalf, and for the best benefit and behoof of the laid governor and company,
and their successors, although express mention, &c. In wit- nefs, &c, witness, &c.
Per Ipsum Regem,
First Charter granted to the Colony of the MASSA:
CHUSETTS BAY, 1644.
CHARLES by the grace of God, King of England, Scotó
land, France, and Ireland, Defender of the Faith, &c.
To all to whom these Presents shall cotrie; Greeting. WHEREAS our most deare and royal Father King James
of blessed memory, by his Highness's letters patents beareing date at Westminster the third day of November, in the eighteenth year of his reign, hath given and granted unto the Councel established at Plymouth in the county of Devon; for the planting, ruling, ordering and governing of NewEngland in America, and to their heirs succeflours and assignes for ever: All that part of America lying and being in breadth from fourty degrees of northerly latitude from the equinoxtiall line, to fourty-eight degrees of the said northerly latitude in. clusively, and in length of and within all the breadth aforesaid throughout the maine lands from sea to sea, together also with all the firme lands, soyles, grounds, havens, ports, rivers, waters, fishing, mines, and minerails, as well royall mines of gould and silver, as other mines and mineralls, precious ftones, quarries, and all and fingular other commodities, jurisdictions, privileges, franchises and preheminences both within the said tract of land upon the maine, and also within the islands and seas adjoining. Provided always that the said islands or any the premifles by the said letters patent intended and meant to be granted were not then actually possessed or inhabited by any other christian prince, or state, nor within the bounds limits or territories of the southern colonies then before granted by our said deare father to be planted by such of his loving subjects in the southern parts. To have and to hold, possess and enjoy all and fingular the aforesaid continent, lands, territories, islands, hereditaments and precincts, seas,waters, fishings, with all and all manner their commodities, royalties, liberties, preheminences, and profits that should from thenceforth arise from thence, with all and fingular their appurtenances, and every part and parcel thereof, unto the said Councel, and their successors and assignes for ever, to
the fole and proper use; benefit and behoof of them the faid Councel and their fuccessors and assignes for ever: To be Tenure. houlden of our faid most dear and royal Father, his heirs and successors, as of his mannor of East-Greenwich in the county of Kent, in free and common foccage, and not in capite nor by knights service. Yielding and paying therefore to the faid Rent. late King, his heirs and fucceffors the fifth part of the oare of gould and silver which fhould from time to time and at all times then after happen to be found, gotten, had and obtained, in, at, or within any of the lands, limits, territories and precincts, or in or within any part or parcel thereof, for or in respect of all and all manner of duties, demands and fervices whatsoever to be done made or paid to our faid dear Father the late King, his heirs and successors; as in and by the said letters patent (amongst fundry other clauses, powers, privileges and grants therein contained) more at large appeareth. And whereas the faid Councel established at Plymouth in the Recital of a county of Devon, for the planting, ruling, ordering, and grant of the governing of New-England, in, America, have by their deed the indented under their commou feal, bearing date the nine- chusetts teenth day of March last paft, in the third year of our reign, Bay, (being given, granted, bargained, fold, enfeoffed, aliened and con
firmed to Sir Henry Rosewell, Sir John Young, knights, before- Thomas Southcott, John Humphrey, John Endicott and mentioned) Symon Whetcomb, their heirs and associates for ever, an.
al Council of that part of New-England in America aforesaid, which lieth Plymouth and extendesh between a great river there commonly called to Sir Hen. Monomack, alias Merrimack, and a certain other river there Rosewell called Charles river, being the bottom of a certain bay there and oth
March 19, commonly called Massachusetts, alias Mattachusetts, alias z Car. 1. Mafsatusetts bay, and also all and fingular those lands and hereditaments whatsoever lying and being within the space of three English miles on the south part of the said Charles river, or of any or every part thereof, and also all and singular the lands and hereditaments whatsoever, lying and being within the space of three English miles to the southward of the southermost part of the said bay called Massachusetts, alias Mattachusetts, alias Maffatusetts bay, and also all those lands and hereditaments which lye and be within the space of three English miles to the northward of the said river called Monomack, alias Merrimack, or to the northward of any and every part thereof, and all lands and hereditaments whatsoever, lying within the limits aforesaid, north and south, in latitude and breadth, and in length and longitude, of and within all the breadth aforesaid, throughout the main lands