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our province of the Maflachusetts 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 fucceffors, do give and grant, unto our good fubjects the inhabitants of our faid province or territory of the Maffachusetts Bay, and their fucceffors, all that and bounds part of New-England, in America, lying and extending of that pro- from the great river commonly called Monomack, alias Merimack, on the north part, and from three miles northward of the faid river to the Atlantick or Western Sea or Ocean on the fouth 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 compass aforefaid, throughout the main land there, from the faid Atlantick or Western 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 fame 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 finished, and from Pifcataway Harbour's mouth aforefaid, north-eastward along the fea coaft to Sagadohock, 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 Nan-` tuckett 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 thofe 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 within the faid bounds and limits aforefaid, and every part and parcel thereof. And alfo, all iflands and iflets lying All mines within ten leagues directly oppofite to the main land, withrals grant- in the faid bounds; and all mines and minerals, as well royal ed to the mines of gold and filver, as other mines and minerals whatand their foever, in the faid lands and premifles, or any part thereof.

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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 fub-
jects the inhabitants of our faid province of the Massachusetts
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 foc-
cage yielding and paying therefore yearly, to us, our heirs Saving one
and fucceffors, the fifth part of all gold and filver ore, and fifth of gold
precious ftones, which fhall, 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 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 All lands,
fuch lands, tenements, and hereditaments, and all other eftates, heredita -
which any perfon or perfons, or bodies politick or corporate, formerly
towns, villages, colleges, or fchools, do hold and enjoy, or granted to
ought to hold and enjoy, within the bounds aforefaid, by or any town,
college, 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, fhall be, by fuch perfon and perfons, bodies poli-
tic and corporate, towns, villages, colleges, or schools, 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 fervices thereby reserved, or made payable, any
matter or thing whatsoever to the contrary notwithstanding.
And provided alfo, That nothing herein contained fhall ex- Saving for
tend, or be understood or taken to impeach or prejudice any Samuel Al-
right, title, intereft, or demand, which Samuel Allen, of len's claim.
London, merchant, claiming from and under John Mason,
Efq; deceased, or any other perfon or perfons, 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 fhall
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 conveyan-
towns, 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.

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but that the fame ftand and remain of force, and be maintained and adjudged, and have effect in fuch manner as the fame fhould or ought, before the time of the faid recited judgment, according to the laws and rules then and there ufually practised and allowed. And we do further, for us, our heirs and fucceffors, will, eftablish, and ordain, That from hencenors council forth for ever, there fhall be one governor, one lieutenant or to confift of deputy governor, and one fecretary of our faid province or territory, to be, from time to time, appointed and commiffionated by us, our heirs and fucceffors, and eight-and-twenty affiftants, or councillors, to be advifing and affifting to the governor of our faid province or territory, for the time being, as by these presents is hereafter directed and appointed; which faid councillors, or affiftants, are to be conftituted, elected, and chofen in fuch form and manner as hereafter in these prefents is expreffed. And for the better execution of our royal pleasure and grant in this behalf, we do, by these presents, for us, our heirs and fucceffors, nominate, ordain, make, The names and conftitute, our trufty and well-beloved Simon Broadftreet, of the firft John Richards, Nathaniel Saltenftall, Wait Winthrop, John affiftants. Phillips, James Ruffel. Samuel Sewall, Samuel Appleton,

and until

Bartholomew Gedney, John Hathorn, Elifhah Hutchinfon, Robert Pike, Jonathan Corwin, John Jolliffe, Adam Winthrop, Richard Middlecot, John Fofter, Peter Serjeant, Jofeph Lynd, Samuel Hayman, Stephen Mason, Thomas Hinkley, William Bradford, John Walley, Barnabas Lothrop, Job Alcot, Samuel Daniel, and Silvanus Davis, Efqrs. the first and prefent councillors or affiftants of our faid proTo conti- vince, to continue in their faid refpective offices of trufts, of nue until councillors or affiftants, until the laft Wednesday in May, May, 1693, which fhall be in the year of our Lord one thousand fix hunothers are dred ninety-three, and until other councillors or affiftants chofen by fhall be chofen and appointed in their ftead, in fuch manner bly. as in thefe prefents is expreffed. And we do further, by these prefents, conftitute and appoint our trufty and well-beloved Ifaac Addington, Efq; to be our firft and present secretary of our faid province, during our pleafure. And our will and The gover- pleasure is, That the governor of our faid province, for the nor with 7 the time being, fhall have authority, from time to time, at affiftants to his difcretion, to affemble and call together the councillors, or affiftants, of our faid province, for the time being; and that the faid governor, with the faid affiftants, or councillors, or seven of them at the leaft, fhall and may, from time to time, hold and keep a council for the ordering and directing the affairs of our faid province. And further, we will, and

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be chofen

by these presents, for us, our heirs and fucceffors, do ordain
and grant, That there fhall and may be convened, held, and A general
kept by the governor, for the time being, upon every laft court or af
Wednesday in the month of May, every year for ever, and fembly to
at all fuch other times as the governor of our faid province laft Wed-
fhall think fit and appoint, a great and general court or af- nefday in
May, or oft-
fembly; which faid great and general court or affembly shall ner, every
confift of the governor and council, or affiftants, for the time
being, and of fuch free-holders of our faid province or terri-
tory, as fhall be, from time to time, elected or deputed by
the major part of the free-holders, and other inhabitants of
the refpective towns and places, who fhall be present at such
elections; each of the faid towns and places being hereby
impowered to elect and depute two perfons, and no more, to Two affem-
ferve for, and reprefent them refpectively in the faid great bly men to
and general court, or affembly. To which great or gene- by the free-
ral court, or affembly, to be held, as aforefaid, 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, ap-
point, and declare what number each county, town, and
place fhall elect and depute to ferve for, and represent them.
respectively in the faid great and general court, or affembly.
Provided always, that no free-holder, or other perfon, fhall
have a vote in the election of members to ferve in any great
and general court, or affembly, to be held as aforefaid, who,
at the time of fuch election, fhall not have an estate of free-
hold, in land, within our faid province or territory, to the
value of forty fhillings per annum, at the leaft, or other
eftate to the value of fifty pounds fterling; and that every
person who shall be fo elected, fhall, before he fit or act in the
faid great and general court, or affembly, 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 al-
legiance and fupremacy, and appointing other oaths, and there-
by appointed to be taken instead of the oaths of allegiance
and fupremacy; and fhall make, repeat, and fubfcribe the
declaration mentioned in the faid act, before the governor,
or lieutenant, or deputy governor, or any two of the affif-
tants for the time being, who fhall be thereunto authorised
and appointed by our faid governor: and that the governor, The gover-
for the time being, fhall have full power and authority, nor has
from time to time, as he fhall judge neceffary, to adjourn, adjourn,
prorogue, and diffolve all great and general courts, or af- prorogue,
femblies, met or convened, as aforefaid. And our will and and diffolve
pleasure is, and we do hereby, for us, our heirs and fuccef- bly.

fors,

power to

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fors, grant, establish, and ordain, That yearly, once in every year, for ever hereafter, the aforefaid number of eightand-twenty councillors, or affiftants, fhall be, by the general court or affembly, newly chofen; that is to fay, eighteen at leaft of the inhabitants of, or proprietors of lands, within The gover- the territory formerly called the colony of the Maffachusetts cillors to be 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 leaft of the inhabitants of, or proprietors of land tors of land within the territory formerly called the province of Main,

nor's coun

in New

England.

and one at the leaft of the inhabitants of, or proprietors of land within the territory lying between the river of Sadagahock and Nova Scotia: and that the faid councillors, or affiftants, or any of them, fhall or may, at any time hereafter, be removed and difplaced from their refpective places or truft of councillors or affiftants, by any great or general court or affembly; and that if any of the faid councillors, or affiftants, fhall happen to die, or be removed, as aforesaid, before the general day of election, that then, and in every fuch cafe, the great and general court or affembly, at their firft fitting, may proceed to a new election of one or more councillors, or affiftants, in the room or place of fuch coun→ cillors, or affiftants, fo dying or removed. And we do furJudges, fhether grant and ordain, That it fhall and may be lawful for riffs, jufti- the faid governor, with the advice and confent of the counces, &c. to cil, or affiftants, from time to time, to nominate and apbe appointed with the point judges, commiffioners of oyer and terminer, fheriffs, confent of provofts, marshals, juftices of the peace, and other officers, the gover- to our council and courts of juftice belonging. Provided nor's coun- always, That no fuch nomination or appointment of officers

cil.

What oaths

ken.

be, made without notice first given, or fummons iffued out feven days before fuch nomination or appointment, unto fuch of the faid councillors, or affiftants, as fhall be at that time refiding within our faid province. And our will and pleasure is, That the governor, and lieutenant or deputy goare to be ta- vernor, and councillors, or affiftants, for the time being, and all other officers to be appointed or chofen, as aforefaid, fhall, before the undertaking the execution of their offices and places respectively, take their feveral and refpective oaths for the due and faithful performance of their duties in their feveral and respective offices and places; as alfo, the oaths appointed by the faid act of parliament, made in the first year of our reign, to be taken inftead of the oaths of allegiance and fupremacy, and fhall make, repeat, and fubfcribe the declaration mentioned in the faid act, before such person

or

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