Thomas Southcott John Humphreys John Endicott and Symond Whetcombe their Heirs and Assigns and their Associates for evermore To be holden of our said Royal Grandfather King Charles the First his Heirs and Successors as of his Mannor of East-Greenwich in the County of Kent in free and common Sockage and not in Capite nor by Knights Service yielding and paying therefore unto our said Royal Grandfather his Heirs and Successors the fifth part of the Oar of Gold and Silver which should from time to time and at all times hereafter happen to be found gotten had and obtained in any of the said Lands within the said Limits or in or within any part thereof for and in satisfaction of all manner of Duties Demands and Services whatsoever to be done made or paid to Our said Royal Grandfather his Heirs or Successors as in and by the said recited Indenture may more at large appear And Whereas Our said Royal Grandfather in and by his Letters Patents under the Great Seal of England bearing date at Westminster the fourth day of March in the fourth Year of his Reign for the Consideration therein mentioned did grant and confirm unto the said Sir Henry Roswell Sir John Young Thomas Southcott John Humphreys John Endicott and Symond Whetcombe and to their Associates after named viz Siâ— Ralph Saltenstall Knight Isaac Johnson Samuel Aldersey John Ven Matthew Craddock George Harwood Increase Nowell Richard Perry Richard Bellingham Nathanael Wright Samuel Vassall Theophilus Eaton Thomas Golfe Thomas Adams John Brown Samuel Brown Thomas Hutchins William Vassall William Pincheon and George Foxcroft their Heirs and Assigns all the said part of New-England in America lying and extending between the Bounds and Limits in the said Indenture expressed and all Lands and Grounds Place and Places Soils Woods and Wood grounds Havens Ports Rivers Waters Mines Minerals Jurisdictions Rights Royalties Liberties Freedoms Immunities Priviledges Franchises Preheminencies and Hereditaments whatsoever bargained sold enfeoffed and confirmed or mentioned or intended to be given granted bargained sold enfeoffed aliened and confirmed to them the said Sir Henry Roswell Sir John Young Thomas Southcott John Humphreys John Endicott and Symond Whetcombe their Heirs and Assigns and to their Associates for ever by the said recited Indenture To have and to hold the said part of New England in America and other the Premises thereby mentioned to be granted and confirmed and every part and parcel thereof with the appurtenances to the said Sir Henry Roswell Sir John Young Sir Richard Saltenstall Thomas Southcott John Humphrys John Endicott Symond Whetcombe Isaac Johnson Samuel Aldersey John Ven Matthew Craddock George Harwood Increase Nowell Richard Perry Richard Bellingham Nathaniel Wright Samuel Vassal Theophilus Eaton Thomas Golfe Thomas Adams John Brown Samuel Brown Thomas Hutchins William Vassall William Pincheon and George Foxcroft their Heirs and Assigns for ever to their only proper and absolute use and behoof for evermore To be holden of our said Royal Grandfather his Heirs and Successors as of his Mannor of East-Greenwich aforesaid in free and common Sockage and not in Capite nor by Knights Service and also yielding and paying therefore to Our said Royal Grandfather his Heirs and Successors the fifth part only of all the Oar of Gold and Silver which from time to time and at all times after should be there gotten had or obtained for all Services Exactions and Demands whatsoever according to the Tenor and Reservation in the said recited Indenture expressed And further Our said Royal Grandfather by the said Letters Patents did give and grant unto the said Sir Henry Roswell Sir John Young Sir Richard Saltenstall Thomas Southcott John Humphreys John Endicott Symond Whetcomb Isaac Johnson Samuel Aldersey John Ven Matthew Craddock George Harwood Increase Nowell Richard Perry Richard Bellingham Nathanael Wright Samuel Vassall William Pincheon and George Foxcroft their Heirs and Assigns all that said part of New England in America which lyes and extends between a great River there commonly called Monomack alias Merimack River and a certain other River there called Charles River being in the bottom of a certain Bay there commonly called Massachusets alias Mattachusetts alias Massatusetts Bay and also all and singular those Lands and Hereditaments whatsoever lying within the space of three English Miles on the South part of the said River called 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 Massachusets alias Mattachusetts alias Massatusets Bay and also all those Lands and Hereditaments whatsoever which lye and be within the space of three English Miles to the Northward of the said River called Monomack alias Merimack 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 in Breadth and in Length and Longitude of and within all the breadth aforesaid throughout the Main Lands there from the Atlantick or Western Sea and Ocean on the East part to the South Sea on the West part and all Lands Grounds Place and Places Soils Woods and Wood-lands Havens Ports Rivers Waters and Hereditaments whatsoever lying within the said Bounds and Limits and every part and parcel thereof and also all Islands in America aforesaid in the said Seas or either of them on the Western or Eastern Coasts or Parts of the said Tracts of Lands thereby mentioned to be given and granted or any of them and all Mines and Minerals as well Royal Mines of Gold and Silver as other Mines and Minerals whatsoever in the said Lands and Premises or any part thereof and free Liberty of Fishing in or within any of the Rivers or Waters within the bounds and limits aforesaid and the Seas thereunto adjoyning and all Fishes Royal Fishes Whales Balene Sturgeon and other Fishes of what kind or Nature soever that should at any time thereafter be taken in or within the said Seas or Waters or any of them by the said Sir Henry Roswell Sir John Young Sir Richard Saltenstall Thomas Southcott John Humphreys John Endicott Symond Whetcombe Isaac Johnson Samuel Aldersey John Ven Matthew Craddock George Harwood Increase Nowell Richard Perry Richard Bellingham Nathaniel Wright Samuel Vassall Theophilus Eaton Thomas Golfe Thomas Adams John Brown Samuel Brown Thomas Hutchins William Vassall William Pincheon and George Foxcroft their Heirs or Assigns or by any other Person or Persons whatsoever there inhabiting by them or any of them to be appointed to Fish therein Provided always that if the said Lands Islands or any the Premises before mentioned and by the said Letters Patents last mentioned intended and meant to be granted were at the time of the granting of the said former Letters Patents Dated the third day of November in the Eighteenth Year of the Reign of his late Majesty King James the First
Broadstreet John Richards Nathanael Saltonstall Wait Winthrop John Phillips James Russel Samuel Sewall Samuel Appleton Bartholomew Gedney John Hathorn Elisha Hutchinson Robert Pike Jonathan Corwin John Jolliffe Adam Winthrop Richard Middlecot John Foster Pater Serjeant Joseph Lynd Samuel Heyman Stephen Mason Thomas Hinkley William Bradford John Walley Barnabas Lothrop Job Alcot Samuel Daniel and Silvanus Davis Esq the first and present Councellors or Assistants of our said Province to continue in their said respective Offices or Trusts of Councellors or Assistants until the last Wednesday in May To continue until May 1693. and until others are chosen by the Assembly which shall be in the Year of our Lord 1693 and until other Councellors or Assistants shall be chosen and appointed in their stead in such manner as in these Presents is expressed And we do further by these Presents constitute and appoint our trusty and Well beloved Isaac Addington Esq to be our first and present Secretary of our said Province during our pleasure And our Will and Pleasure is That the Governour of our said Province for the time being shall have Authority from time to time at his Discretion The Governour with seven Assistants to be a Council to assemble and call together the Councellors or Assistants of our said Province for the time being And that the said Governour with the said Assistants or Councellours 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 by these Presents for Us our Heirs and Successors do Ordain and Grant that there shall and may be convened A general Court or Assembly to be held the last Wednesday in May or oftener every Year held and kept by the Governour for the time being upon every last Wednesday in the Month of May every Year for ever and at all such other times as the Governour of our said Province shall think sit appoint a Great and General Court or Assembly which said Great General Court or Assembly shall consist of the Governour and Council or Assistants for the time 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 Freeholders and other Inhabitants of the respective Towns or Places who shall be present at such Elections each of the said Towns and Places being hereby impowred to elect and depute Two Persons and no more to serve for and represent them respectively in the said Great and General Court or Assembly Two Assembly-men to be Chosen by the Freeholders in every Town To which Great and General Court or Assembly to be held as aforesaid We do hereby for Us our Heirs and Successors give and grant full 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 Free hold in Land within our said Province or Territory to the value of Forty Shillings per Ann. 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 entituled 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 Governour or Lieutenant or Deputy-Governour or any Two of the Assistants for the time being who shall be thereunto authorized and appointed by our said Governour The Governour has Power to Adjourn Prorogue and Dissolve the Assembly And that the Governour for the time being shall have full Power and Authority from time to time as he shall judge necessary to Adjourn Prorogue and Dissolve all Great and General Courts or Assemblies met and conven'd as aforesaid And our Will and Pleasure is and we do hereby for Us our Heirs and Successors grant establish and ordain That yearly once in every Year for ever hereafter the aforesaid number of Eight and twenty Councellors 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 Territory formerly called the Colony of the Massachusetts-Bay and Four at the least of the Inhabitants of or Proprietors of Lands within the Territory formerly called New-Plymouth and Three at the least of the Inhabitants of The Governours Councellors to be Inhabitants or Proprietors of Land in New England or Proprietors of Lands within the Territory formerly called the Province of Maine and one at the least of the Inhabitants of or Proprietors of Land within the Territory lying between the River of Sagadahock and Nova Scotia And that the said Councellors or Assistants or any of them shall or may at any time hereafter be removed or displaced from their respective Places or Trust of Councellors or Assistants by any Great or General Court or Assembly and that if any of the said Councellors 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 sitting may proceed to a New Election of one or more Councellors or Assistants in the room or place of such Councellors and Assistants so dying or removed And We do further grant and ordain Judges Sheriffs Justices c. to be appointed with the Consent of the Governours Council That it shall and may be lawful for the said Governour with the Advice and Consent of the Council or Asistants from time to time to nominate and appoint Judges Commissioners of Oyer and Terminer Sheriffs Provosts Marshals Justices of the Peace and other Officers to our Council and Courts of Justice belonging Provided alwayes 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 such of the said Councellors or Assistants as shall be at that time residing within our said Province And our Will and Pleasure is That the Governour and Lieutenant or Deputy-Governour and Councellors or Assistants for the time being and all other Officers to be Appointed or Chosen as aforesaid shall before the undertaking the Execution of their Offices
until Repealed by the Assembly under our or their Sign Manual and Signet or by Order in our or their Privy Council unto the Governour for the time being then such and so many of them as shall be so disallowed and rejected shall thenceforth cease and determine and become utterly void and of none effect Provided always that in Case We our Heirs or Successors shall not within the term of three Years after the presenting of such Orders Laws Statutes or Ordinances as aforesaid signifie our or their Disallowance of the same then the said Orders Laws Statutes or Ordinances shall be and Continue in full Force and Effect according to the true intent and meaning of the same until the Expiration thereof or that the same shall be repealed by the General Assembly of our said Province for the time being Provided also that it shall and may be lawful for the said Governour and General Assembly to make or pass any Grant of Lands lying within the Bounds of the Colonies formerly called the Colonies of the Massachusetts-Bay and New-Plymouth and Province of Main The General Court has Power to pass any grants of Land in Massachusetts Plymouth or the Province of Mayn Grants or Land between Sagadahook and St. Laurence to have the Royal Approbation in such manner as heretofore they might have done by virtue of any former Charter or Letters Patents which Grants of Lands within the Bounds aforesaid We do hereby Will and Ordain to be and continue for ever of full Force and Effect without Our further Approbation or Consent And so as nevertheless and it is our Royal Will and Pleasure that no Grant or Grants of any Lands lying or extending from the River of Sagadahock to the Gulph of St. Laurence and Canada Rivers and to the Main Sea Northward and Eastward to be made or past by the Governour and General Assembly of our said Province be of any force validity or effect until We our Heirs and Successors shall have signified our or their Approbation of the same And we do by these Presents for Us our Heirs and Successors grant establish and ordain that the Governour of our said Province or Territory for the time being shall have full power by himself or by any chief Commander or other Officer or Officers to be appointed by him from time to time to Train Instruct Exercise and Govern the Militia there and for the special Defence and safety of our said Province or Territory to Assemble in Martial Array and put in Warlike Posture the Inhabitants of our said Province or Territory and to Lead and Conduct them and with them to Encounter Expulse Repel Resist and Pursue by Force of Arms The Governour to Command the Militia as well by Sea as by Land within or without the Limits of our said Province or Territory and also to kill slay destroy and conquer by all fitting wayes enterprizes and means whatsoever all and every such Person and Persons as shall at any time hereafter attempt or enterprize the destruction invasion detriment or annoyance of our said Province or Territory and to use and exercise the Law Martial in time of actual War Invasion or Rebellion as occasion shall necessarily require and also from time to time to Erect Forts and to Fortifie any Place or Places within our said Province or Territory and the same to furnish wiâ—hall necessary Ammunition Provision and Stores of War for offence or defence and to commit from time to time the Custody and Government of the same to such person or persons as to him shall seem meet and the said Forts and Fortifications to demolish at his pleasure and to take and surprize by all wayes and means whatsoever all and every such Person or Persons with their Ships Arms Ammunition and other Goods as shall in a Hostile manner Invade or attempt the Invading Conquering or Annoying of our said Province or Territory Provided always and We do by these Presents for Us our Heirs and Successors Grant Establish and Ordain That the said Governour shall not at any time hereafter by Virtue of any Power hereby granted No Persons to be Transported out of the Province without their own Consent or hereafter to be granted to him Transport any of the Inhabitants of our said Province or Territory or oblige them to March out of the Limits of the same without their free and voluntary Consent or the Consent of the great and general Court or Assembly of our said Province or Territory nor grant Commissions for Exercising the Law Martial upon any the Inhabitants of our said Province or Territory without the Advice and Consent of the Council or Assistants of the same Provided in like manner and We do by these Presents The Law-Martial not to be executed on any Inhabitant without the Consent of the Council for Us our Heirs and Successors Constitute and Ordain That when and as often as the Governour of our said Province for the time being shall happen to dye or be displaced by Us our Heirs or Successors or be absent from his Government that then and in any of the said Cases the Lieutenant or Deputy Governour of our said Province for the time being shall have full Power and Authority to do and execute all and every such acts matters and things which our Governour of our said Province for the time being might or could by Virtue of these our Letters Patents lawfully do or execute In the absence of the Governour the Deputy Governour to have the same Power if he were personally present until the return of the Governour so absent or Arrival or Constitution of such other Governour as shall or may be appointed by Us our Heirs or Successors in his stead and that when and as often as the Governour and Lieutenant or Deputy Governour of our said Province or Territory for the time being shall happen to dye or be displaced by Us our Heirs or Successors or be absent from our said Province and that there shall be no person within the said Province Commissionated by Us In the absence of both the Governour Deputy Governour the major part of the Council to have their Power our Heirs or Successors to be Governour within the same then and in every of the said Cases the Council or Assistants of our said Province shall have full Power and Authority and We do hereby give and grant unto the said Council or Assistants of our said Province for the time being or the major part of them full Power and Authority to do and execute all and every such acts matters and things which the said Governour or Lieutenant or Deputy Governour of our said Province or Territory for the time being might or could lawfully do or exercise if they or either of them were personally present until the return of the Governour or Lieutenant or Deputy Governour so absent or Arrival or Constitution of such other Governour or Lieutenant or Deputy Governour as shall and may be appointed by Us our Heirs or Successors from time to time Provided alwayes and it is hereby Declared that nothing herein shall extend or be taken to erect or grant or allow the exercise of any Admiral Court Jurisdiction Power or Authority but that the same shall be and is hereby reserved to Us and our Successors and shall from time to time be erected granted and exercised by Virtue of Commissions to be issued under the Great Seal of England Admiralty Jurisdiction reserved or under the Seal of the High Admiral or the Commissioners for Executing the Office of High Admiral of England And further Our express Will and pleasure is and We do by these presents for Us our Heirs and Successors ordain and appoint that these our Letters Patents shall not in any manner Enure or be taken to abridge barr or hinder any of our loving Subjects whatsoever to use and exercise the Trade of Fishing upon the Coasts of New-England The Trade of Fishing not to be abridg'd but that they and every of them shall have full and free Power and Liberty to continue and use their said Trade of Fishings upon the said Coasts in any of the Seas thereunto adjoyning or any Arms of the said Seas or Salt-water Rivers where they have been wont to Fish and to build and set upon the Lands within our said Province or Colony lying waste and not then possess'd by particular Proprietors such Wharfs Stages and Work-houses as shall be necessary for the salting drying keeping and packing of their Fish to be taken or gotten upon that Coast and to cut down and take such Trees and other Materials there growing or being upon any parts or places lying waste and not then in possession of particular Proprietors as shall be needful for that purpose and for all other necessary easements helps and advantages concerning the Trade of Fishing there in such manner and form as they have been heretofore at any time accustomed to do without making any wilful waste or spoil any thing in these Presents contained to the contrary notwithstanding And Lastly for the better providing and furnishing of Masts for our Royal Navy We do hereby reserve to Us Trees fit for Masts not growing upon any Soil granted to particular persons to be preserved our Heirs and Successors all Trees of the Diameter of twenty four Inches and upwards of twelve Inches from the ground growing upon any Soil or Tract of Land within our said Province or Territory not heretofore granted to any private Persons And We do restrain and forbid all Persons whatsoever from felling cutting or destroying any such Trees without the Royal License of Us our Heirs and Successors first had and obtained upon Penalty of Forfeiting One Hundred Pounds Sterling unto Us our Heirs and Successors for every such Tree so felled cut or destroyed without such License had or obtained in that behalf any thing in these Presents contained to the contrary Notwithstanding In Witness whereof We have caused these our Letters to be made Patents Witness our Selves at Westminster the seventh day of October in the Third Year of our Reign By Writ of Privy Seal PIGOT