Page images

clare and grant, unto the said governor and company, and habitants of

this colony. their successors, that all and every the subjects of us, our 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 alliberties 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

the soil of further know ye, that we, of our more abundant grace, cer.

the colony tain knowledge, and mere motion, have given, granted and to the said confirmed, and by these presents, for us, our heirs and suc- governor &

company, cessors, do give, grant and confirm, unto the said governor and company, and their fucceffors, 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 Massachusets colony, and on the north or northerly by the aforesaid south or southerly line of the Massachusets colony or plantation, and extending towards the east or eastwardly three English miles, to the eaft and north-east of the most eastern and north eastern parts of the aforesaid Narragan sert bay, as the said bay lieth or extendeth itself from the ocean on the south or fouthwardly, 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 colòny, and bounded on the south by the ocean, and in particular the lands belonging to the town of Providence, Patuxit, Warwicke, Misquammacock alias Pawca. tuck, and the rest upon the main land, in the tract aforesaid, together with Rhode-Ifland, Blocke-Island, and all the rest of the iflands and banks in the Narragansett bay, and bor

dering upon the coast of the tract aforesaid, (Fishers-Island 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, llates, 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 assigns. To be holden of us, our

heirs and fucceffors as of the manor of East-Greenwich, in Redden.

our county of Kent, in free and common focage, and not 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 tiine 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 notwithstanding; the aforesaid Pawcatuck river having been yielded after much debate, for the fixed and certain bounds between these our faid 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 furs 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 fucceffors, for redress in such cases, within this Liberty to our realm of England; and that it shall be lawful to and for pass and re- the inhabitants of the said colony of Providence plantation, pass thro the other without lett or molestation, to pass and repafs with freedom English co-into and through the rest of the English colonies, upon their Jonies.

lawful and civil occasions, and to converse, and hold commerce, and trade with such of the inhabitants of our other English colones as fhall 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 notwithstanding. And lastly, we do for us, our heirs and successors, ordain and grant unto the said governor and company, and their fucceffors, by these prefents, that these our letters pațents 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 witness, &c, witness, &c.

Per Ipsum Regem,


First Charter granted to the Colony of the MASSA


CHARLES by the grace of God, King of England, Scoté

land, France, and Ireland, Defender of the Faith, &c.

To all to whom these Presents shall come, Greeting,

HEREAS 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 succesiours 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 mineralls, 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 premisles 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 fouthern colonies then before granted by our faid deare father to be planted by such of his loving subjects in the southern parts. To have and to hold, poffefs 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 sole and proper use, benefit and behoof of them the said Councel and their fucceffors and affignes for ever: To be Tenure. houlden of our faid most dear and royal Father, his heirs and fucceffors, as of his mannor of Eaft-Greenwich in the county of Kent, in free and cominon foccage, and not in capite nor by knights service. Yielding and paying therefore to the faid Rent. late King, bis heirs and fucceffors the fifth part of the oare of gould and silver which should 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 services 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 sundry other clauses, powers, privileges and grants therein contained) more at large appeareth. And whereas the said 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 Mafia indented under their commou seal, bearing date the nine-chusetts teenth day of March last paft, in the third year of our reign, Bay, (being

part of the given, granted, bargained, fold, enfeoffed, aliened and

Premises firmed to Sir Henry Rosewell, Sir John Young, knights, beforeThomas Southcott, John Humphrey, John Endicott and mentioned) Symon Whetcomb, their heirs and associates for

by the


ever, 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

and others. called Charles river, being the bottom of a certain bay there commonly called Massachusetts, alias Mattachusetts, alias 3 Car. 1: Massatusetts 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 fingular 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 alí 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 north ward 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 fands


Council of

March 19,

« PreviousContinue »