IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I i*fi 12.0 us IL25 i 1.4 U 1.6 V Hiotographic .Sciences Carporation 93 WeST MAIN STMIT V>;fBST'l,N.Y 14580 (71ii, :73-4S03 ^ V V v> ^\^\ CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Tachnical and Bibliographic Notaa/Notat tachniquas at bibiiographiquaa Tha Instit Jta haa attamptad to obtain tha baat originai copy avaiiabia for filming. 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Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely Included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent Atre fllmte A des taux de reduction diff Arents. Lorsque le document est trop grand pour Atre reproduit en un seul clichA, 11 est fiimA A partir de I'angle supArieur gauche, de gauche A droite, et de haut en has, an prenant le nombre d'images nAcessaire. Les diagrammes suivants illustrent la mAthode. 1 2 3 1 ? 3 4 5 6 c B r^ ->.j;r t».--? f ll*» *t CHARTERS OF THE ♦ ••:.■ * ■ *, - ■ r'4 '1 BRITISH COLONIES ■■^ -^'^ f - i K •^ ::?:'•;:: y.'J A M E R I C A* ■^i \ 1 J , - * _ -V > :„ .. •* - - « ji - - % u »■ — /.(.':• V Vr ■ ' ..•■:■.'■'- p, ■ I D U B L I Nj printed for John Beatty, [No. 32] Skinoer-roTUt MDCCJ-XXVI. m ,r'' CONtfiNTS O F TH Ei CHARTERS.- Page. Maflachufctts Bay j Conne£ticut 24 Rhodelflahd- 34 Firftpharter granted to Maffachufetts Bay - 48 Virginia 67 Penfylvania — « 104 Maryland ----.--- 115 Georgia ---;i----------- 127 1 ^i 4 I t i Ati authentic Copy of the Cn \%r^ti granted hy thetf Maje/iies King WiHiam and ^ueen Mary, to tht Inhabitants of the Province of the MaflachufettS Bay, in New England. 'age. I 24 34 48 67 104 11$ 127 WILLIAM and Mary, by the grace of God, of EngW land, Scotland, France, and Ireland, King and Queen, defenders of the faith, &c. To all to whom thefe prefents (hall Gome^ greeting. Whereas his late Ma-> jefty King James the Firrt, our royal predeceflbr, by his let- ters patents under the great feal of England, bearing date at Wcftminfter the third day of November, in the eighteenth year of his reign, did give and grant unto the council edablifhed at: Plymouth, in the county of Devon, for the planting, ruling, ordering, and governing of New-England, in America, and to their fucceflbrs and aiTigns, all that part of America lying f and being ,in breadth from forty degrees of northerly latitude, from the equinodiai line, to the foity-elghth degree of the fald northerly latitude, inclufively, and in length of and within all the breadth aforefaid, throughout all the main lands, from fea to fea, together alfo with all the firm lands, foils, grounds, havens, ports, rivers, waters, tiihings, mines, and minerals, as well royal mines of gold and filver, as other mines and mi- nerals, precious ftones, quarries, and all and fingular other commodities, jurifdiftions, royalties, privileges, franchifes, and preheminences, both within the faid traO: of land upon the main, and alfo within the iflands and feas adjoin* ing. Provided z Iways, that the faid lands, iflands, or any the premlflcs, by the faiil letters patents intended and meant to be granted, were not then adually poflefled or inhabited by any other Chriftian prince or ftate, or within the bounds limits, or territories of the fouthern colony, then before granted by the faid late King Tames the Firft, to be planted by divers of his fubjeds m the fouth parts. To A have a ^ h k CHARTER CQlANTED TO naVie and to hold, poflefs and enjoy, all and fingular tfi€f aforefaid conttnent, lands, territories, iflands, hereditaments^ and precin6ls, feas, waters, fifhings, with ail and all man- ner of their commodities, royalties, liberties, preheminences, and profits, that fliould from thenceforth arife from thence^ vith all and fingular their appurtenances, and every part •and prcel thcicof, unto the faid council, and their fuccef- fors and alTigns, for ever, to the fote and proper ufe and be- nefit of the faid council, and their fucceflbrs and ifllgns, fof ever: to be holden of his faid late Majefty, King James the Firft, his heirs and fucceflbrs,. as of his manor ,ef Eaft- Greenwich, in the county of Kent, in free and common foe- cage, and not in capite, nor by knights ferviee. Yielding and paying therefore to the faid late King, his heirs and fuc- ceflbrs, the fifth part of the ore of gold and filver, which fhould, from time to time^ and at all times then after hap- pen, to be found, e;otten,4iad, and obtained, in,, at, or with- in any of the faid lands, limits, territories, or precin£ts, or in, or within any part or parcel thereof, for or in refpeft of all and all manner of duties, demands, and fervices whatfo- cver, to be done, made, or paid to the faid late King James the Firft, his heirs and fucceflbrs, (as in and by the faid let- ters patents, amongft fundry other claufes, powers, privileges, and grants therein contained, more at large appeareth)* And whereas the faid council eftablifhed at Plymouth, in the county of Devon, for the planting, ruling, ordering, and go- verning of New-England, in America, did, by their deed indented under their common feal, bearing date the nine- teenth day of March, in the third year of the reigr of our royal grandfather King Charles the Firft, of ever blefled me- mory, give, grant, bargain, fell, infeofF, alien, and confirm to Sir Henry Rofwell, Sir John Young, Knights, Thomas Southcott, John Humphreys, John Endicott, and Simon "VVhetcorabe, their heirs and affigns, and their aflbciates, for ever, all that part of New England, in America afore- faid, which lies and extends between a great river there, commonly called Monomatk, alias Merimack, and a certain other river there, called Charles River, being in a bottom of a certain bay there, commonly called Mafiachufets, alias Mattachufetts, alias Maflatufetts Bay. And alfo, ail and fingular thofe lands and hereditaments whatfoever, lying within the fpace of three Englifh miles, on the fouth part of the iiiid Charles River, or of any and every part thereof. And alfo. CC! Tl iSii 11 ^HE MASSACHUSETTS BAV. H^ib, all and fingular the lands and h?TeditameTJl3 whatfoevcfj lying and being within the fpace of three Englifh mile? to the fouthward of the fouthermoft part of the faid bay called Mafla- chufets, alias Mattachufetts, alias Maffatufetts Bay. Andalfo, fell thofe lands and hereditaments whatfoever, which lie and be within the fpace of three Englilli miles to the northward of the faid river called Monomack, alias Merimack, or to the northward of any and every part thereof; and all lands and hereditaments whatfoever^ lying within the limits aforefaid, north and (buth in latitude* and in breadth, and in length* and longitude, of and within all the breadth aforefaid* throughout the main lands there, from the Atlantick and Weftern Sea and Ocean on the caft part, to the South Sea on the weft part; and all lands and grounds, place and places, foil, woods* and wood-grounds, havens, ports, rivers, waters, fiihings, and hereditaments whatfoever* lying Ivithin the faid bounds and limits, and every part and par- tel thereof. And alfo* all iflands lying in America aforefaid, in the faic* feaS, or either of them, on the weftern or eaftern coarts or pairts of the faid trafts of land, by the faid inden- ture mentioned to be given and granted, bargained, fold* enfeoffed^ aliened, and confirmed, or any of them. And alfo, all rnines and minerals, as well royal mines o£ gold and filver, as other mines and minerals whatfoever, in the faid lands and premiffes, of any part thereof; and all jurifdifiions, rights, royalties, liberties, freedoms, im- ihunitieSj privileges, franchifes, preheminences, and commo- dities whatfoever, which they the faid council, eftablifhed at Plymouth, in the county of Devon, for the planting, rul- ing* ordering and governing of New-England, in America, then had, or might ufe* exercife, or erijoy, in or within the faid lands and premiffes, by the fame indenture mentioned to be given, granted, bargained, fold, enfeoffed, ai.d confirm- ed, in or within any part or parcel thereof. To have and to hold the faid part of NeW'-England, in America, which lies and extends, and is abutted, as aforefaid, and every part and parcel thereof j and all the faid iftands, rivers, ports, havens, waters, fiihings, mines, minerals, jurifdifiions, franchifes, royalties, Hberties, privileges, commodities, he- reditaments, and premiffes whatfoever, with the appurtenan- ces, unto the faid Sir Henry Rofwell, Sir John Young, Thomas Souihcott, John Humphreys, John Endicott, and iSimon Whitcombe, theic heirs and afl*^na| and their affcci« A a ates -9 CHARTER GRANTED TO r4 11 ■ii Ates for ever, to the only proper and abfolute ufe and betioof of the faid Sir Henry Rofwell, Sir John Young, Thomas Southcott, John Humphreys, John Endicott, and Simon Whitcombc, their heirs and afligns, and their affociates, for evermore. To be holden of our fatd royal grandfather. King Chailes the Firft, his heirs and fucceffors, afof his ma- nor of Eaft-Greenwich, in the county of Kent, in free and common foccage, and not in capite, nor by knights fervice ; yielding and paying therefore, unto our faid royal grandfa- ther, his heirs and fucceflbrs, the fifth part of the ore of gold and filver, which fhouki, from time to time, and at all times hereafter, happen to be found, gotten, had, and obtained in any of the faid lands within the faid limits, or in or within any part thereof, for and in fatisfafiion of all manner of dei- ties, demands, and fervices wh?itfoever, to be done, made, or paid to our faid royal grandfather, his heirs and fuccef- fors, (a» in and by the faid recited irKlenture may more at large appear); And whereas our faid royal grandfather, in and by hi» letters patents^ under the great feal of England, bearing date at Weftminfter the fourth day of March, in the fourth year of his reign, for the conftderation therein meii- tionci), did grant and confirm unto the (aid Sir Henry Rof- well, Sir John Young, Thomas Southcott, Jolm Hum- phreys, John Endicott, and Simon Whetcombe, and to their alTociates after named, viz. Sir Richard Saltendaily Knight, Ifaac Johnfon, Samuel Alderfey, John Ven, Mat- thew Craddock, Geoige Harwood, Increafe Nowell, Richard Perry, Richard Bellingham, Nathaniel Wright, Samuel Vaftail, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Brown, Samuel Brown, Thomas Hutchins, William Vaffali, William Pincheon, and George Foxcroft, their heir» and afligns, all the faid part of New-England, in America, lying and extending between the bounds and li- mits in the laid indenture expreffed, and all lands and {^rounds, place and places, foils, woods, and wood grounds, havens, ports, rivers, waters, mines, minerals, jurifdic- tions, rights, royalties, liberties, freedoms, immunities, privileges, franchifes, preheminences, and hereditaments whatfoever, bargained, ibid, enfeoffed, and confirmed, or mentioned or intended to be given, granted, bargained, fold, enfeoffed, aliened, and confirmed to them the faid Sir Henry Rofwel, Sir John Young, Thomas Southcott, John Huinpheys, John Endicott, and Simon Whetcombe, r . their ^ % vice ; al grs allth ail fe to th prefTt letter Rofw Soutl comb thcw Perr^ Vair; John Vaffi and a whic ly ca othei of a Mat ^laij m thi ^d . behoof 'homas Simon tes, for [father, lis ma- rec and "ervice ; randfa- of gokl II times ained in r within r of da- , made, fuccef- more at Lther, in Lnglandy h, in the ein meN- nry Rof- n Hum- f and to altenftaiU en, Mat- , Richard , Samuel s Adams, William )ft, their igland, in ds and U- lands and i grounds, , jurifdic- imunities, :ditamenu irmed, or bargained, 1 the faid Southcott, hetcombe, their ^^ THE MASSACHUSETTS BAY. their heirs and ailigns, and to their aflbclates, for ever, by the faid recited indenture. To have and to hold the faid part of New-England, in America^ and other the prfJoniiTes thereby mentioned to be granted and confirmed, and every part and parcel thereof, with the appurtenances, to the faid Sir Henry Rofwell, Sir John Young, Sir Richard Sahcnftall^ 7homas Southcott, John Humphreys, John Endicott, Simon Whetcombe, liaac Johnfon, Samuel Alderfey, John Ven, Matthew Craddock, George Harwoodj Increafe Nowell, Richard Perry, Bichard Bellingham, Nathaniel Wright, Samuel VaflaU, Theophilus Eaton, Thomas Gofte, Thomas Adams, John Brown, Samuel Brown^ Thomas Hutchins, WiUiam VaiTaJl, William PiiKheon^ va\i George Foxcroft, their heirs and affigns, for ever, to their only proper and abfolutc ^fe and behoof, for evermore: to be holden of our faid royal grandifather, his heirs and fuc- ceflbrs, as of his manor of Ead-Greenwich aforefaid, in free and common foccage, and not in capite, nor by knights fer- vice ; and alfo yieldi^ig and paying therefore, to our laid roy- al grandfather, his heirs ami fucceflbrs, the fifth pait only of all the ore of gold and filver which, from time to tirae^ and at aJl ^'mes after, ihould be there gotten, had, or obtained, for all fervices, e^a&ions, and demands whatfoever, according to the tenor and refer vat ion in the fai^ recited indenture ex- preflTed. And ftirther, our faid toyal grandfather, by the faid letters patent, did give and grant unto the faid Sir Henry Rofwell, Sir John Young, Sir Richar-d Saltenftall, Thomas Southcott, John Humphrey(s, John Endicott, Simon Whet- combe, Ifaac Johnfon, Samuel Alderfey, John Venn, Mat- thew Craddock, George Harwood, Increafe Nowell, Richard Perry, Richard Bellingham, Nathaniel Wright, Samuel VafTall, Theophilus Eatpji, Thomas Goffe, Thomas Adams, John Brown, Samuel Brown, Thomas Hutchins, William Vaflall, WiUiam Pin^heon, and Geoige Foxcroft, their heirs and aflligns, all that faid part of New-England, in America, vhich lies and extends between a great river there, common- ly called Monomack, alias Mejimack River, and a certain other river there, called Charles River, being in the bottom of a certain bay there, coiTjmonly called MalTachufets, alias Mattachufetts, alias Maflatufetts Bay ; and alfo all and fm- cular thofe lands and hereditaments whatfoever, lying with- in the fpaceof three Englilh miles, on the fouthpart of the river called Charles Iliver, or of any or every part thercoll * CHARTER GRANTED TQ / >'j thcteoF. And alfo, all and fingul^r the lands and heredita** inents whatfoever, lying and being within the fpace of thre« £ngli(h miles to the iouthward of the fouthcrmod part of the faid bay called Marfachufetii, alias Mattachufetts, alias Maffatufetts Bay. And alfo, all thofc lands and heredita- ments whatfoever, which lie and be within the fpace of three Englifh miles to the northward of the faid river called Mopomack, alias TS/' rim^ck, or to the northward of any and every part thereof, and all lands and hcrediiainents what- foever, iying within the limits aforcfaid, north and fouth in latitude, and in breadth, and in length, and longitude, of and within all the breadth aforediid, throughout the main lands there, from the Atlantic or Weftern Sea and Ocean on the eaft part of the South Sea on the weft part ; and all lands, ground;, place and places^ foiln, woods, and wood lands, havens, ports, rivers, waters, and hereditaments whatfoe- ver, lying^within the fajd bounds and limits, and every part and parcel thereof. And alio, all iilands in America aforc- faid, in the faid feas, or either of them, on the wefttrn or eaftern coafts or parts of the faid trads 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 filvcr, as other mines and minerals w^tloever, in the faid lands and premifles, or any part thereof; and free liberty of fifli- ing in or within any of the riveiii or waters within the bounds and limits aforelaid, and the feas thereunto adjoin- ing; all fifhes, royal fifhcs, whales, balene, fturgcon, and other fiflKs of what kind or nature focvcr, that (hould at any time hereafter be taken in or within the faid feas or watcis, or any of them, by the faid Sir Henry Rofwell, Sir 7ohn Young, Sir Richard Sallenrtall, Thomas Southcott, John Humphreys, John Endicoit, Simon VVhetcontbe, ifaac Johiilon, Samuel Alderil-y, John Ven, Matthew Craddock, George Harword, Increaic Nowcll, Richard Perry, Richard Bcllingham, Nathaniel Wright, Samuel Vaf- falj, Thcophilus Eaton, 'IMiomar, Goffe, I honias Adams, John Brown, Samuel Brown, 'ii.otnas liuichins, William Vaffall, Wi.lhun Pincheon, and Ccorge Foxcroft, their heirs or afligns, or by any <;ther pcrfon or perfons whatfoe- ver there inhabitircr, by them, or any of tiicm, to be ap- pointed to fifli therein. Provided always, that if the faid lands, ifiands, or any the prcmiifcs b-forc-mcnticned, and by the laid letters patents lull nieuiioiied, intended, and meant -I THE MASSACHUSETTS BAY. credlta-' f three part of , alias ercdita- 3ace of :r called of any ts what- fouth in tutle, of he main )ccan on all lands, )d lands » vvhatfoe- ery part ca afort- ^ftcrn or thereby em ; and nd filver, aid lands y of fiOi- ithin the :o adjoin- jcon, and (hould at id leas or fwell, Sir louihcott, letccinbe, Matthew- Richard "nuel Val- ,s Adams, , William oft, their s whatfoc- to be ap- f the faid cncd, and nded, and meant V; meant to be granted, were, : t the time of the granting of th*- faid former letters patents, dated the third day of November, in the eighteenth year of the reign of his l:'fe Majefty, King James the Firft, adually poffeflfed or inhabited by any other chriftian prince or ftate, or were within the bounds, limits, or territories of the faidfouthern colony, then before granted by the faid King, to be planted by divers of his loving fub- jcds in the fouth part of America, That then the faid grant of our faid royal grandfather flioiild not extend to any fuch parts or parcels thereof, fo formerly inhabited or lying within the bounds of the fouthcrn plantations as aforefaid; but as to thofe parts or parcels, fo pofleffed or inhabited by any fuch Chriftian prince or ftate, or being within the boun- daries afortiaid, (hould be utterly void. To have and to hold, pcflefs and enjoy, the faid ports of New-England, in America, which lie, extend, and are abutted, as aforefaid, and every part and parcel thereof; and all the idands, rivers, ports, havens, waters, fifhin^s, fifties, mines, minerals, ju- lifdi^ions, franchifes, royalties, liberties, privileges, com- modities, and premiffes whatfoever, with the appurtenances, unto the faid Sir Henry Rofwell, Sir John Young, Sir Richard Saltenftall, Thomas Southcott, John Humphreys, John Endicott, Simon Whetcombe, Ifaac Johnfon, Samuel Alderfey, John Ven, Matthew Craddock, George Har- wood, Increafe Nowell, Richard Perry, Richard Bclling- ham, Nathaniel Wright, Samuel Vaflall, Theophilus Eaton, Thomas Gofft:, Thomas Adams, John Brown, Samuel Brown, Thomas Hutchins, William Vaflall, William Pincheon, and George Foxcroft, their heirs and affigns, for ever; to the only proper andabfolutc ufe and behoof of the faid Sir Henry Rofwell, Sir John Young, Sir Richard Sal- tenftall, Thomas Southcott, John Humphreys, John Endi- cott, Simon Whetcombe, Ifaac Johnfon, Samuel Alderfey, John Ven, Matthew Craddock, George Harwcod, Increafe Nowell, Richard Perry, Richard Bellingham, Nathaniel Wright, Samuel Vaffall, Theophilus Eaton, Thomas Gofte, Thomas Adams, John Brown, Samuel Brown, Thomas Hutch'uis, William Vaflall, William Pinche- on, and George Foxcroft, their heirs anu afllgns, for evermore, to be holden of our faid royal grandfather, his heirs and fucceflbrs, as of his manor of Eaft Greenwich, in the county of Kent, within the realm of England, in free and ccmmon fcccage, and not in f^^/7<', aor by knights fer- vice ; ■> ■ I i > >■ ' '■ i'': i: ; A bniy cor- Forate. CHARTER GRANTED TO " vice; and alfo yielding and paying therefore, to our faid royal grandfather, hjs heirs and fucceflbis, the fifth part only of all the ore of gold and filver, which, from time to time, and at all time? hereafter, fhould be gotten, had, or obtained, for all fervices, eifaftions, and demands whatfoever. Pro- vided always, and his Majefty's exprefs will and meaning ivas. That only that one fifth part of all the gold and filver pre above mentioned, in the whole, and no more, ihould be anfwered, referved, or payable unto our faid royal grandfa- ther, his heirs and fucceflbrs, by colour or virtue of the faid laft mentioned letters patents, the double refervations or re-? citals aforefaid, or any thing therein contained notwithftand- ing. And to the end that the aflrairs and bufineis which, from time to time, (hould happen and arife concerning the faid lands, and the plantations of the fame, might be the better managed and ordered, and for the good government thereof, our faid royal grandfather, King Charles the Fifft, did, by his faid letters patents, create and make the faid Sir Henry Rofwell, Sir John Young, Sir Richard Sahenftall, Thomas Southcott, John Humphreys, John Endicott, L>imon Whet- comb?, Ifaac Johnfort, Samuel Aldcrlcy, John Ven, Mat- thew Craddock, George Harwood, Incrrnfe Nowell, Richard Perry, Richard Bellingham, Nathaniel Vv right, Samuel Vaflall, and Theophilus Eaton, Thomas GofFe, Thomas Adams, John Brown, Samuel Brown, Thomas Hutchins, William Vaflall, William Pincheon, ard George Foxcroft, and all fuch others as (hould thereafter be admitted and made free of the company and fociery therein after mentioned, One body corporate and politic in faft and name, by the name of the Governor and Conrip:.ny of the Mafi'achufetts Bay, in New-England; a;ul did grant unto them, and their fucceflbrs, divers powers, liberties, and pi i\ ileges, as in and by the faid letters patents may more fully ;u u at large appenr. And whereas the faid governor and ccmpuny of the Mailii- chufetts Bay, in New-England, by virtue of the faid letters patents, did fettle a colony of the Engliih in the laid parts of America, and divers good fubjects of this kingdom, encou- raged and invited by the faid letters patents, did tranfport themfelves and their efFeds into the fame, whereby the faid plantation did become very populous, and divers counties, towns, and places, were created, ereded, made, and fet forth, or defigned, within the faid parts of America, by the faid go'crnor and company, for the time being. And whereas* I * ^: THE MASSACHUSETTS BAY. 9 'vrhereas, in the term of the Holy Trinity, in the thirty- fixth year of the reign of our deareft uncle, King Charles the The Brit Second, a judgment was given in our court of chancery, =*»''«' ^a- then fitting at Weftminftcr, upon a writ o( fcire /^fwjjjgnjjtj* brought and profecuted in the faid court againft the gover- chancery, nor ana company of the Maffachufetts Bay, in New Eng- *'*"« *^*4* land ) and that the faid letters patent of our laid royal grand- father. King Charles the Firft, bearing date at Weftminfter, the fourth day of March, in the fourth year of his reign, made and granted to the faid governor and company of the Maffachufetts Bay, in New England, and the enrollment of the fame, fhould be cancelled, vacated, and annihilated, and ihould be brought into the faid court to be cancelled, (as in and by the faid judgment, remaining upon record in the faid court, doth more at large appear). And whereas feveral The agents perfons employed as agents in behalf of our faid colony of of that co. the Maffachufetts Bay, in New England, have made their jj°"J P*''ji" humble application unto us, that we would be gracioufly reincor^ plealed, by our royal charter, to incorporate our lubjeds in "ted, as our faid colony, and to grant and confirm unto them fuch*"™*''^' powers, privil^es and franchifes, as in our royal wifdom Ihould be thought moft conducing to our intereft and fervice, and to the welfare and happy ftate of our fubjeds in New- England. And we being gracioufly pleafed to gratifie our faid {ubje6ts ; and alfo to the end our good fubjefts within our cobny of New-Plymouth, in New-England aforefaid, may be brought under fuch a form of govern- ment, as may put them in a better condition of defence ; and confideriog as well the granting unto them, as unto our fubjctts in the faid colony of the Maffachufetts Bay, our royal charter, with reafonable po'vcrs and privileges, will much tend not only to the fafety but to the flourilhing eftate of our fubjeds in the faid parts of New-England, and alio to ihe advancing of the ends for which the faid planta- tions were at firft encouraged, of our fpecial grace, certain kno\vledge, and mere motion, have willed and ordained, and we Jo by thefe prefents, for us, our heirs and fucceffors, will and oiilain, That the territories and colonies commonly called The MafTa- anc! known by the names of the colony of the Maffachufetts *"''"''^"« Bay, and colony of New-IMymouth, the province cf Main, 3,',yt',J'"''jjj^ the territory called Accada, or Nova Scotia ; and all that trad vincc of of land lying between the fiiid territories of Nova Scotia, *"' '' ^°- and the province of Main,, be ereded, united, and incor- unit^j '^'^^ porattd : and we do by the fe prefents unite, ered, and in- made one corporate the fame into one real province, by the nj^me of P'"*"""-'^'* OUf !• CHARTER GRANTED TO V'lDce. our province of the Maflachufetts bay, in New-England 5 and of our efpecial grace, certain knowledge, and mere mo*, tion, we have given and granted, and by thefe prefents, for us, our heirs and fuccellbrs, do give and grant, unto our good fubje^s the inhabitants of our faid province or terri- The txitnt ^^^Y ^^ *^^ Maffachufetts Bay, and their fucceffors, all tiiat am} bounds part of Ncw-England, in America, lying and extending of that pro- JYom the great river commonly called Monomack, alias Me- rimack, on the north part, and from three miles northward of the faid river to the Atlantick or Weftern Sea or Ocean on the fouth part, and all the lands and hereditaments what- foever, lying within the limits aforefaid, and extending as ! t far as the outermoft points or promontories of land called Cape-Cod and Cape-Malabar, north and fouth, and in lati- tude, breadth and in length, and longitude, of and within all the breadth and compals aforefaid, throughout the main land there, from the faid Atlantick or Wellern bea and Ocean, on the call part, towards the South Sea, or weftward, as far as our colonics of Rhodc-lfland, Conncfticut, and the Nar- laganfct country. And alfo, all that pait and portion of main land, beginning at the entrance of IMlcataway Harbour, and fo to pafs up the fame into the river of Newichwannock, and through the fame into the furtheft head thereof, and liom thence north-weftward, till one hundred and twenty miles be finilhed, and from Pilcataway Harbour's mouth aforefaid, north-caftward along the fca coaft to Sagadohock, and from the period of one hundrtd and twenty miles afore- faid, tocrofsoverland to the one hundred and twenty milts before reckoned up, into the land from Pilcataway harbour through Newichwannock river j and alfp, the north-half of the illes of Shoals, together with the ifles of Capawcck, and Nan- luckett near Cape-Cod aforefaid; and ajfo, the lands and he- reditaments lying anti being in the country or teiritory com- monly called Accada, or Nova Scotia ; and all thofe lands and hercditameni lying and extending between the faid country or territory of Nova Scotia, and the faid river of Sagadahock, or any part thereof j and all lands, grounds, pL.ces, foils, woods, and wood-grounds, havens, ports, livcrs, waters, and other hereditaments and premitTes v/hatfocvcr, lying within the faid bounds and limits aforclaid, and every part and parcel thereof. And alfo, all iflands and iilets lying ^l\ mlu" '^ithifl ten leagues direflly oppofiie to the main land, with- rals grant- iu the laid bounds ; and all mines and minerals, as v/ell royal c(l 10 the mines of gold and fdver, as other mines and minerals, what- an(i*t'h!^r i*J^ver, in the faid lands and prcniiili;?, or any part thereof. I'ucceHof:. '4."o *1^HE MASSACHUSETTS BAY. it gland ) ire mo^ Its, fof lo our terri- all that tending as Me- thward Ocean s what- iding as called in lali- 1 within le main I Ocean, d, as far he Nar- of main 3ur, and 'annock, cof, and I twenty s mouth tdohock, es afore- ity miles harbour alf of the md Nan- 5 and he- )ry com- ands and ountryor adahock, cs, foils, waters, :r, lying 'cry part ets lying id, with- '/ell royal Is, what- l hereof, 'i'o To have and to hold the faid territories, trafts, countries, lands, hereditaments, and all and (ingular other the premifTes, with their and every of their appurtenances, to our faid fub- jefts the inhabitants of our faid province of the Madachufetts Bay, in New-England, and their fucceflbrs, to their only proper ufe and behoof, for evermore : to be holden of us, our heirs and fucceflbrs, &s of our manor of Eaft-Greenwich, in the county of Kent, by fealty only in free and common Ibc- cage: yielding and paying therefore yearly, to us, our heirs. . and fucceflbrs, the fifth part of all gold and filver ore, and fifih"of gold precious flones, which fliall, from time to time, and at alUnd filver times hereafter, happen to be found, gotten, had, and ob-"** ^' tained in any of the faid lands and premifli^s, or within any part thereof. Provided neverthelefs, and we do for us, our neirs and fucceflbrs, grant and ordain. That all and every A'"'"'''» fuch lands, tenements, and hereditaments, and all other eftates,n,"nts *'^p^ which any perfon or perfons, or bodies politick or corporate, formerly towns, villages, colleges, or fchools, do hold and enjoy, orG''*"^^** *" ought' to hold and enjoy, within the bounds aforefaid, by or*Xge, 9r under any grant or eflate, duly made or granted by any School of general court formerly held, or by virtue of letters patents '"T'"^^ herein before recited, or by any other lawful right or title °° whatfoever, (hall be, by fuch perfon and perfons, bodies poli- tic and corporate, towns, villages, colleges, or fchools, their relpeftive heirs, fucceflbrs, and afligns, for ever hereafter held and enjoyed, according to the purport and intent of fuch refpedive grant, under and fubjeft neverthelefs, to the rents and fervices thereby referved, or made payable, any matter or thing whatfoever to the contrary notwithftanding. And provided alfo. That nothing herein contained (hall ex- Saving fqr tend, or be understood or taken to impeach or prejudice any Sa™uei Al- right, title, intereft, or demand, which Samuel Allen, of'*"'"^*'"** London, merchant, claiming from and under John Mafon, Kiq; dcceafed, or any other perfon or peifons, hath or have, or claimeth, or claim, to have, hold, or enjoy, of, into, or out of any part or parts of the prcmifles, fituate within the linnls above mentioned; but that the laid Samuel Allen, and all and every fuch perfon and perfons, may and fliall have, hold, and enjoy the fame, in fuch manner (and no other than) as if thele prefects had not been or made. It being our further will and pleafure, That no grants or con-^""*"'^ **'' vcyances of any lands, tenements, or hereditaments, to any^,o"*j^re'u-" towns, colleges, fchools of learning, or to any private per-diced toV fon or perfons, fhall be judged or taken to be avoided or^^"* "^ jprcjudiccd, for or by rcalcn of any want or defeat of form, """* but ii :■ ■if. 1 « ; f: 1 of the fiill afii^ants. « CHARTER GRANTED TO but that the fame ftand ard remain of force, and be main- -' tainedand adjudged, and have efFeft in fuch manner as the fame fhould or ought, before the lime of the faid recited judg- ment, according to the laws and rules then and there uiually pra^ifcd and allowed. And we do further, for us, our heirs atid fucceflbrs, will, eftablifli, and ordain. That from hence- nort courKil forth forever, there (hall be one governor, ^ne lieutenant or to confjft of deputy governor, and one fecr.etary of our laid province or fSafljlUpts-territory, to be, from time to tiine, appointed andcommif- fionated by us, our heirs and fucccffors, and eight-and-twenty aifidants, or councillors, to be advifing and aflifting to the governor of our faid province or territory, for the time being, as by thefc prefents is hereafter dire6led and appointed ; which faid councillors, or afliftants, are to be conftituted, elefted, and chofen in fuch form and manner as hereafter in thefe prefents is expreffed. And for the better execution of our roy- al pleafure and grant in this behalf, we do, by thefe prefents, for us, our heirs and fucceflfors, nominate, ordain, make, Tbe^ names and conflitute,our trufty and well-beloved Simon Broadflreet, John Richards, Nathaniel Saltenflall, Wait Winthrop, John Phillips, James RufTel, Samuel Scwajl, Samuel Appleton, Bartholomew Gedney, John Hathorn, Eliihah Hutchinfon, Robert Pike, Jonathan Corwin, John TolhfFe, Adam Win- throp, Richard Middlecot, John Fofter, Peter Serjeant, Tofeph r.ynd, Samuel Hayman, Stephen Mafon, Thomas Ilinklcy, William Bradford, John Walley, Barnabas Lo- throp. Job Alcot, Samuel Daniel, and Silvanps Davis, Efqrs. the firft and prefent councillors or affiftants of our faid pro- To continue vince, to continue in their faid rcfneftive ofiices of trulls, of i693,'^"d' councillors or affiftants, until the laft Wedn^fday in May, until others which fhall be in the year of our Lord one thoufand fix hun- arc ciioteii fj^ej ninety-three, and until other councillors or affiftants femViv." ' ^^^^ ^^ chofen and appointed in their flead, in fuch manner as in thefe prefents is exprcfied. And we do further, by thefe prefents, conflitute and appoint our trufty and well-beloved Ifaac Addington, Efqr, to be onr firft and prefent i'ecrctary of our faid province, during our pleafure. And our will and The Cover- pleasure is. That the governor of our faid province, for the rime being, fhall have authority, from time to time, at his difcretion, to alTemblc and call together the councillors, or affiftants, of our faid province, fm- the time being; and that the faid governor, with the faid affillants, or councillors, or feven 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, wq will, an4 by nor with 7 adidantF to ht a council ■(A ' ■M- THE MASSACHUSETTS BAY. »3 mam- as the djmW- uiually ir heirs hence- latvt or ince or ommif- ■twenty to the e being, ; which elefted, in thefe 3ur roy- >refents, make, idftreet, ip, John ppleton, chinfon, hi Win- Serjeant, Thomas has Lo- is, Efqrs. faid pro- :rulls, of in May, 1 iix hun- aflil^ants I mai^ner by thefe 1-belovcd Tctary of will and , for the time, at uncillors, ing; and (uncillors, 1 time to direfting will, and by in oft- every by thefe prefents, for us, our heirs and fuccefTors, do ordain and grant. That there (hall and may be convened, held, and a general kept by the governor, for the time being, upon every laft court or af- Wednefday in the month of May, every year for ever, and bT'hwd The at all fuch other times as the governor of our faid province kii wed- ftiall think fit and appoint, a great and general court or af- "^'"day i fembly ; which faid great and general court or aflembly (hall ^g^^' °' confift of the governor and council, or aflidants, for the time year 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 refpeftive towns and places, who Ihall be prefent at fuch clefkions ; each of the faid towns and places being hereby impowered to eleft and depute two pcnons, and no more, to '^^° *'^«™- fcrre for, and reprefent them refpeftivcly in the faid great be'^clwfcn by and general court, or aflembly. To which great or gene- the free- ral court, or afTembly, to be held, as aforefaid, we do ''°''^=" '" hereby, for us, our heirs and fucceflbrs, give and grant full power and authority, from time to time, to direct, ap- point, and declare what number each county, town, and place fhsil eleck and depute to letvc for, and reprefent them rcfpeCtivcly in the faid great and general court, or afTembly. Provided always, that no free-holder, or other perfon, fhall have a vote in the eledioii of members to ferve in any great and general court, or afTembly, to be held as aforefaid, who, at the time of fuch eleflion, (hall not have an eftate of free- hold, in land, within our faid province or territory, to the value of forty (hillings per annum, at the leaft, or other eftate to the value of fifty pounds fterling; and tthat every perfon who (hall be fo elected, Ihall, before he fit or aft in the faid great and general court, or aflfembly, take the oaths mentioned in an a6l of parliament, made in the firfl year of our reign, intituled, j^n a^ for abrogating of tie oaths of aU le glance and fupremacy, and appointing other oatksj and there- by appointed to be taken inftead of the oaths of allegiance and iupremacy ; and (hall make, repeat, and fubfcnbe the declaration mentioned in the faid a£t, before the governor, or lieutenant, or deputy governor, or any two of the a(rif- tants for the tin^" being, who fhall be thereunto authorifed and appointed by our faid governor: and that rhe governor. The gover- for the time being, (hall have full power and authority, ""•• ha* from time to time, as he (hall judge necelTary to adjourn, al^yrn'** prorogue, and diflblve ail great and general courts, or af- p:t>rogue, femblies, met or convened, as aforefaid. And oi.' will and »" ' 'J'''"'"* pleafurc is, and v,e do hereby, for us, our heirs and (uccef- **" '"*"*' fors, biy. .;* u tHARTER CRANTED TO f : ■ II )> 1 fors, grant, eftablifli, and ordain, That yearly, once m every year, for ever hereafter, the aforefaid number of eight-^ and-twenty councillors, or afliftants, (hall be, by the gene-* ral court or aflembly, newly chofen ; that is to fay, eighteen at lead of the inhabitants of, or proprietors of lands, within The govor- jj^g territory formerly called the colony of the Maffachufetts "mors'to be Bay, and four at leaft of the inhabitants of, or proprietors of inhabitants lands Within the territory formerly called New-Plymouth, and *^ P'^°Pj^'' three at the leaft of the inhabitants of, or proprietors of land in New- " within the territory formerly called the province of Main, England, and one at the leaft of the inhabitants of, or proprietors of land within the territory lying between the river of Sadaga- hock and Nova Scotia : and that the faid councillors, or af- fiftants, or any of them, ftiall or may, at any time hereaf- ter, be removed or difplaced from their rcfj>e6live places or truft of councillors or afliftants, by any great or general court or aflembly; and that if any of the faid councillors, or afliftants, fliall happen to die, or be removed, as aforefaid/ before the general day of eledion, that then, and in every fuch cafe, the great and general court or aflembly, at their firft fitting, may proceed to a new eleftion of one or more councillors, or afliftarts, in the room or place of fuch coun- cillors, or afliftants, fo dying or removed. And we do fur- T„jg£,^(j,g.ther grant and ordain. That it fliall and may be lawful for riffv, jufli- the laid governor, with the advice and confent of the coun- ces, &c. to^,j]^ jjr ailiftants, from time to time, to nominate and ap- edwiih"the point judges, commiflTioners of oyer and terminer, ftierifFs, confent ofpiovofts, marflials, juftices of the peace, and other officers, the gover-jQ ^.jj. council and courts of iuftice belonging. Provided nor 8 coun- , ,_, ^ , . ..•' . ° ° r n^ ,ij. . always, a hat no luch nomination or appointment of officers be made without notice firft given, or fummons iflued out feven days before fuch nomination or appointment, unto fuch of the faid councillors, or afliftants, as ftiall be at that time rtfiding within our faid province. And our will and pleafure is. Thai the governor, and lieutenant or deputy go- vvhat oathsvcriior, and councillors, or afliftants, for the time being, and ^all other officers to be appointed or chofen, as aforefaid, fhall, before ihe undertaking the exfcution of their offices and plac<£s refpeflfully, take their feveral and refpedlive oaths for the due and faithful performance of their duties in their l"e- vcral and refptftive offices and places; as alfo, the oaths appointed by the faid aQ of pailiament, made in the firft year of our rtign, to be taken infiead cf the oaths of allegi- ance and fupremacv, and ftiall make, rcpcut, and fubfcribe the declaration mentioned in the fuid a«i^, before luch perfon are to taken. 4 pci nr.j nal or ItJ THE MASSACHUSETTS BAY. »5 once til f eight-; le gene-' eighteen within ichufetts ietors of uth, and of land Main, rietois of Sadaga- or af- hereaf- places or r general :iUors, or aforefaidy in every , at their or more iich coun- e do fur- awful for the coun- e and ap- r, fherifts, er officers. Provided of officers iflued out lent, unto be at that r will and deputy go- being, and ^faid, {hall, offices and /e oaths for in their fe- I, the oaths in the firft IS of allcgi- d fubfcribe luch pcifon oc cr perfons, as are by thefe prefents herein after appointed ; that is to fay, The governor of our faid province or territo- ry, for the time being, (hall take the faid oaths, and make, repeat, and fubfcribe the declaration before the lieutenant, or deputy governor, or, in his abfence, before any two or more of the faid perfons hereby nominated and appointed, tb - prefent councillors, or affiftants, of our faid province or territory, to whom wc do, by thefe prefents, give full pow- er and authority to give and adminifter the fame to our faid governor accordingly. And after our fa.d governor fhall .be I'worn, and lliall have fubfcrlbed the faid declaration, that then our lieutenant, or deputy governor for the time be- ing, and the councillors, or affiftants, before by thefe prefents nominated and appointed, ftiall take the faid oaths, and make, repeat, and fubfcribe the faid declaration before our faid governor: and that every fuch perfon or perfons as fliall (at any time of the annual elcftions, or otherwife upon death or removal) be appointed to be the new councillors, or affiftants, and all other officers to be hereafter chofen, from time to time, Ihall take the oaths to their rcfpeftive of- fices and places belonging, and alfo the faid oaths appointed by the faid ad of parliament to be taken inftead of the oaths of allegiance and fupremacy, and fliall make, repeat, and fubfcribe the declaration mentioned in the faid aft, before the governor, or lieutenant governor, or any two or more coun- cillors, or affidants, or fuch other perfon or perfons as fhall be appointed thereunto, by the governor for the time being; to whom we do, therefore, by thefe prefents, give full pow- er and authority, from time to time, to give and adminifter the fame refpeftively, according to our true meaning herein before declared, without any commiffion or further warrant, to be had and obtained from us, our heirs and fuccefTors, in lh;U behalf. And our will and pleafure is, and we do here- by require and command, That all and every perfon and pcifoiis hereafter by us, our heirs and fuccefTors, nominated ar.d appointed to the refpeclive offices of governor, or lieute-The King nanr or deputy governor, and fecretary of our faid province referyes to ortcriiiory (which faid governor, or lieutenant or deputy*^""'*'^ ■' ^, r ,-"^ - • 1 • • r -^ power to governor, and lecretary or our uid province or territory, tor appoint the the lime being, we do hereby referve full power and au- governor, thoriiy lo us, our hclr;i and fucceflbrs, to nominate and ap-y^f,"',^ ^°^ poiiu accordingly) fliall, before he or they be admitted tofeaeta'ry. the (.xcculion of their relpci.-live offices, take as well the oath for the due and faithful performance of the faid offices re- fpei^livdy, as alio the oaths appointed by the faid adts of par- liament. w 1 ^ ! 1 )$ Perfons born in CHARTER GRANTED TO liaiTient, made in the faid firft year of our reign, t6 be takert indead of the faid oaths of allegiance and fupremacy, and (hall alfo make, repeat and fubfcribe the declaration appoint-^' ed by the faid a&, in fuch manner, and before fuch perfons as aforefaid. And further, our will and pleafure is, and \vt do hereby, for us, our heirs and fucceflbrs, grant, eflablifh^ and ordain, That all and every of the fubjefts of ua, ouf heirs and fucceflbrs, which (hall go to, and inhabit within landTto hare our faid province or territory, and every of their children the pri vile- which (hall happen to be bom there, or on the feas in going E"*^"*!"' thither, or returning from thence, (hall have and enjoy all of EnglaiMiJiberties and immunities of free and natural fubjefts within any of the dominions of us, our hf *rs and fuccelibrs, to aU intents, condrudions, . and purpofes '^hatfoever, as if they and every of them were born within this our realm of Eng- land. And for the greater eafe and encouragement of our loving fubjeds, inhabiting our faid province or territory of the Ma(rachufetts Bay, and of fuch as (hall come to inhabit there, we do by thefe prefents, for us, our heirs and fucccf- Mnfdence ^°"» ^^^^^9 eftabli(h, and ordam. That, for ever hereafter, to be grant-there (hall be a liberty of confcience allowed m the wor(hip ch%*" ®f God to all Chriftians (except papifts) inhabiting, or which except "a- ^^^^ inhabit, or be rcfident within our faid province or ter-« pifti. ritory. And we do hereby grant and ordain, that the gover- nor, or lieutenant, or deputy governor of oor faid province or territory, for the time being, or either of them, or any two or more of the council, or aflTiftants, for the time being, as (hall be thereunto appointed by the faid governor, (half and may, and at all times, and from time to time hereafter, have full power and authority to adminifler and give the oaths appointed by the faid aft of parliament, made in the firft year of our reign, to be taken infteadof the oaths of al- legiance and fupremacy, to all and every perfon and perfons which are now inhabiting, or refiding within our faid pro- The general yjjjce or territory, or which (hail at any time or tirnes hereaf- powerto'e-tc'" ?oor pafs thither. And we do, of our further grace, reft judica- certain knowledge, and mere motion, grant, eftablifh, and hear andde-°'^^*'"» for US, our hclrs and fuccefibrs, That the great and termine all general court, or aflTembiy, of our faid province or territory, maimer of for the time being, convened as aforefaid, (hall forever have pitaTor no't^"^* power and authority to ereft and conftitute judicatories, capital; and and courts of rccord, or other courts, to be held in the name pitas, whe- of us, our heirs and fuccelTors, for the hearing, tr)Mng, perfon'aJ* or^"^ determining of all and all manner of crimes, offences, ttiixt. picas, procelTes, plaints, aftion^, matters, caufes, and things whatiboTrg or wit hei; ^iirm v^rfi iucc Cuin ■i i'ccu j-efti •cd c for -,gOV( (aid ^auil t6 be tak«(f ;macy, and on appoint*" iich perfons ; is, and we t, eftablifli* of va, ouf labit within eir children las in going nd enjoy aU jefts within sffors, to all , as if they ahn of Eng- iTient of our • territory of le to inhabit s and fucccf- er hereafter, the worfliip ig, or which ?ince or ter-i it the gover- aid province lem, or any > time being, vemor, (half le hereafter, and give the made in the i oaths of al- and pcrfons out faid pro- times hereaf- irthrr grace, iftablilh, and the great and i or territory, for ever have J judicatories, d in the name iring, tr)'ing, rtes, offences, s, and things whatibcvtr^ ^7 W lUJ, THE MASSACHUSETTS BAY. '\f whatfoever, arifmg or happening within our faiil pi tile Lw« ^ ^"ofEniiland. i« h .1 ■ 'i ' ;'i To name and it-ttle civil offi- cers, ex- cept, &c. ig CHARTER GRANTED TO all manner of wholcfome and reafonable orders, laws, fta- tutes, and ordinances, dire£lions, and inftru6lions, either with penalties or without (fo as the fame be not repugnant or contrary to the laws of this our realm of England) as they fhall judge to be for the good and welfare of our laid pro- vince or territory, and for the government and ordering thereof, and of the people inhabiting, or who fhall inhabit the fame,- and for the neceffary fupport and defence of the government thereof. And we do for us, our heirs and fuc- cefl'ors, give and grant, that the faid general court, or af- fembly, mall have full power and authority to name and fettle annually, all civil officers within the faid province, fuch officers excepted, the election and conditution of whom we have, by thefe prcfents, referved to us, our heirs and fuc- ceflbrs, or to the governor of our faid province for the time being ; and to fet forth the feveral duties, powers, and limits of every fuch officer, to be appointed by the faid general court or aflembly ; and the forms of fuch oaths, not repug- nant to the laws and ftatutes ofthisour realm of England, as fhall berefpc^livelyadminiftered unto them for the execution of their feveral offices and places; andalfo, to impofe fines, Power to mulds, imprifonments,and other punifhments ; and toim- impofetax-pofe and levy proportionable and reafonable afleflments^ eson all the rates, and taxes, upon the eftates and pcrfons of all and lobediTuof-^^^'^y *^^ proprietors or inhabitants of our faid province or ed by war- territory, to be iflued and difpofed of by warrant, under rant from the hand of the governor of our faid province, for the time the gover- being, with the advice and confent of the council, for our nor and fervice in theneceflary defence and fupport of our govern- councii, or ^ r /• • i ■' • ^ • j ^l ° n- accordinjr '"^"^ ^^ ^^'^ *^'" province or territory, and the protection to fuch aftsand prefervation of the inhabitants there, according to fuctv asfhallthen acls as are, or ftiall be in force within our faid province j be in force, and to difpofe of matters and things, whereby our fubjetSts, inhabitants of our faid province, may bereligioufl\, peacc- ^ ' ably, and civilly governed, protected, and defended, fo as their good life and orderly converfution may win die Indi- Tlie con- ^ns, natives of the country, to the knowledge and obedi- verfion of ence cf the only true (lod and Saviou'r of mankind, and fhe Indians the Chriftian faith, which his late Majeliy, our royal grand- ^.''^^"'j father, King Charles the Firft, in his faid betters patents, savouie • jej.jarcd was his royal intentions, and the adventurers free profeffion, to be the principal end of the faid plantation. And for the better fecuring and maintaining liberty of con- ' j fcience, hereby granted to all pcrfons, at any time, being t' .. and •mmm aws, fta- IS, either epugnant 1 ) as they (aid pro- ordering 11 inhabit ice of the 3 and fuc- irt, or af- name and province, I of whom 5 and fuc- rthe time and limits id general lot repug- ng1and,as execution pofe fines, and toim- reflrnents^ >f all and rovince or nt, under )r the time 1, for our ir govern- protedion ng to fuclv province j r fubjefts, Iv, peacc- ided, fo as I .he Indi- \nd obcdi- kind, and yal grand- rs patents, turers free plantation, ty of Con- ine, being and THE MASSACHUSETTS BAY. »9 and refiding within our laid province or territory, as afore-i faid, willing, commanding, and requiring, and by thefe prefents, for us, our heirs and fucccflors. ordaining and ap- pointing, that al! Aich orders, laws, Itatutes, and ordinan< ces, inuru6tions and directions, as (hall be fo madeand pub- lifhcd under our feal of our faid province or territory, fhall be carefully and duly obfervcd, kept, and performed, and put in execution, according to the true intent and meaning of thefe prefents. Provided always, and we do by thefe pre- sents, for us, our heirs and fuccellors, eftablifli and ordain, That in the framing and paflina; of all fucb orders, laws, ^•^^gover. |itatutess and ordinances, and in all eledtionsand adtsof go-^ nerativc ^ernment whatfoever, to be pafied, made, or done by the faid on the aflg "reneral court, or aflembly, or council, the governor of ouroitiiep;eiie-' aid province or territory of the Maflachufetts Bay,in New-'^' aflem- "ngland, for the time being, (hall have the negative voice; y' nd that without his confent or approbation, fignified and eclared in writing, no fuch orders, laws, ftatutes, ordi- ances, ele?!**; faid 't».. ■•• M.i,^ (AjMr . mimtimfm ' THE MASSACHUSETTS BAY. faid province or territory, not heretofore granted to any private perfonsj and we do reftrain and forbid all perfons whatfoever, from felling, cutting, or deitroyin^; any fuch trees, without the royal licence of us, our heirs and fuccef- fors, firft had and obtained, upon penaity of forfeiting one hundred pounds fterling unto us our heirs, and fucceffors, for every fuch tree fo felled, cut, or deftroyed, without fuch licence had or obtained in that behalf; any thing in thefe prefents contained to the contrary, in any wife not- withftanding. In witnefs whereof, we have caufed thefe our letters to be made patents. Witnefs ourfelves at Weftminfter, the ieventh day of October, in the third year of our reign. H By writ of Privy Seel, P I G O T. i .'-,■' ; Charter „ ■-.■tl;!: v.*»--- •^ : s ;,. ?^w 51 r i i ! 1 1 1 f 24 CHARTER GRANTED TO :}/ Charter firanted to the Colony of Conne6licut, by King Charles II. in the Fourteenth Tear of his Reign. Vndecitna pars Patentium Anno Regni Regis C A R o l i Secundi ^uartodecimo. CHARLES the Second, bv the grace of God, &c. to all to whom thefe prefents mall come, greeiing. Whereas by the feveral navigations, difcoverie.s, and iuccefsful plan- tations of divers of our loving iubjeiSIs of this our realm of England, feveral lands, iflands, places, colonies and plan- tations, have been ordained and fettled in that part of the continent of America called New-England, and thereby the trade and commerce there hath been of late years much in- creafed ; and whereas v/e have been informed by the humble petition of our trufty and well beloved John Wintrop, John Mafon, Samuel Willis, HenryClarke, Matthew Allen, John Tappcn, Nathan Gould, Richard Treate, Richard Lord, Henry Woollcott, John Talcott,DanielClerke,JohnOgden, Thomas Wells., Obadiah Brewcn, John Gierke, Anthony Hawkins, John Deming, and Matthew Canifield, being perfons principally intercftcd in our colony or plantation of Connecticut, in New-England, that the fame colony, or the grcateft part thereof, was purchafed and obtained for gicat and valuable c^nfiderations, and fome other part thereof gained by conqucil, and with much difficulty, and at the only endeavours, expenccand charge of them and their aflb- ciates, and thofe under whom they claim, fubducd and im- proved, and thereby become a confidcrable inlargcment and addition of our dominions and intcr^d there; now know ye, Incnrpon- .^^^^ jj^ confideration thereof, and in rcs/ard the f-ild colony is turn ot the ^ ,- ^11 T- vn i • i i r covcrnor ''^•^f^^^ ^ruin other the linglilh plantations in the places afore- .andconipa- f-i'd, and to the end the anairs nnu bufinefs, which (hall from ny cfCcn-time to time happen or arife concerning the fame, may be duly ordered and m;inagcd, we have thought fit, at the hum- ble petition of the perfons aforefaid, and are i-racioufly plcafcd to ciCiUe aivj make thcrn a bouv politick ;;,id cor- porate, with th'j powers and jiriviieges herein aft;. i men- tioned j. and accoidin-ly our will and pleafure is, and of ne'Siicut. mmmm mmmmm ^"'•m THE COLONY OF CONNECTICUT. 25 our efpecial grace, certain knowledge, and mere motion, wc have ordained, conftituted and declared, and by thefc pre- lents, for us, our heirs and fucceflbrs, do ordciin, conftitute and declare, that they the faid John Wintrop," John Mafon, Samuel Willis, Henry Clerke, Matthew Allen, John Tap- pen, Nathan Gould, Richard Treate, Richard Lord, Henry Woollcott, John Talcott, Daniel Clerke, John Ogden, Thomas Wells, Obadiah Brewen, John Clerke, Anthony Hawkins, John Demhig, and Matthew Camfield, and all fuch others, as now are, or hereafter ftiall be, admitted and made free of the company and fociety of our colony of Con- netSticut, in America, Ihull, from time to time, and for ever hereafter, be one body corporate and politick, in fad and name, by the name of Governor and Company of the Eng-Name of lifh colony of Connedicut, in New-England, in America ; *K '""^P"' and that by the fame name they, and their fucceilbrs, fliall'^^"^"* and may have perpetual fuccellion, and Ihall and may be pericns able and capable in the law, to plead and be implead- ed, to anl'wer and to be anfwcred unto, to defend and be de- fended, hi all ai'id Angular fuits, caufcs, quarrels, matters, adions, and things, of what kind or nature foever} and alfo, to have, take, polfefs, acquire, and purchafe lands, tene- '■ '' ments, or hereditaments, or any goods or chattels, and the fame to leafe, grant, dcmife, alien, bargain, fell, and dif- . ' _ pofc of, as our othci liege people ot this our realm of England, or any other corporation or body politick within the fame, may lawfully do. And further, That the faid (Common governor and company, and their fucceflbrs, (hall and may, Seal, for ever hereafter, hnve a con^mon fcal to ferve and ufe for -* all caufcs, matters, tuings, and affairs whatfoever, of them • V and their fucrcftbra, and the fame fcal to alter, change, break, and make new, from time to time, at their wills and plea- furco, as they {hall think lit. Ar.d further, we will and or- dain, and by thcfe prcfents, far us, our heirs and fucceflbrs, <-^"vern- do Llv;clare an^'. appoint. That, for the better ordering and ma- "^^"l* naging of the affairs and bufinefs of the faid company, anti thcii furcc;flors, thcr;- tiiall be one governor, one deputy go- A gover- vcrnor, and tvv'clvc r.liifl-ants, to be, from time to time, con- nor, deputy llitutcd, clciltcd, and chofcn, out of the freemen of tiie faid g"^^'*"^''' company, fur the time being, in fuch manner and form as ^Jl?^^^^^* hereafter, in thcfc prefents, is cxpreilld ; which faid officers to be cho-. Ihall apply ihemfeives to take care for the btft difj)ofing and len out of ordering of die general b'lunefs and affairs ofanu concerning thefreemen the lands and hcrcditausents herein after-mentiongd to begrant- °^^^^ ^°"*' 26 CHARTER GRANTED TO t s . M '\ ' Two af- fcmbl ies (hall be held in eve cd, and the plantation thereof, and the government of the people thereof. And for the better execution of our royal pleafure herein, we do, for us, our heirs and fucceffors, af- jign, name, conftitute, and appoint the aforcfaid John Win- trop to be the firft and prefent governor of the faid company, and the faid John Mafon to be the deputy governor, and the faid Samuel Willis, Matthew Allen, Nathan Gould, Henry Gierke, Richard Treate, John Ogden, Thomas Tappen, John ralcott, Thomas Wells, Henry Woollcott, Richard Lord and Daniel Gierke, to be the twelve prefent afliftants of the faid company^ to continue in the faid feveral offices rcfpeclively until tuefecond Thurfday, which fhall be in the General af-fnonth of October, now next coming. And further, we fcmbly. ^jjj^ jj^jj jjy jj^p^g prefents, for us, our heirs and fucceflbrs, do ordain and grant. That the governor of the laid compa- ny, for the time being, or, in his abfence, by occafion of ficicnefs, or otherwife, by his leave or permiffion, the depu- ty governor, for the time being, fhall and may, from time to time, upon all occafions. give order for the aflembling of the faid company, and calling them together, to confult and advife of the bufinefs and affairs cf the faid company j and that, for ever hereafter, twice in every year, that is to fa'y, ry year in O" every fecond Thurfday in Odlober, and on every fecond May and Thurfday in May, or oftener, in cafe it ftiali be requifite, oaober. the afTifl^ants and freemen of the faid company, or fiich of them, not exceeding two pefons from each place, town, or Oneor(wo^jj.^,^ who fhall be, from time to time, thereunto eledled or to b- cho- deputed by the major part of the freemen of *he refpedlive fen bv eve- towns, cities, and places for which they fhall be lo eleded or ry towi;. deputed, fhall have a general meeting or afTembly, then and there to confult and advife in and about the affairs and bufi- nefs of the faid company ; and that the governor, or in his abfence the deputy governor, of the faid company, for the time being, and fuch of the alfiftants and freemen of the faid company as fhall be fo elc,f>ed or deputed, and be prefent at fuch meeting or aflembly, or the greatcft number of them, r whereof the governor, or deputy governor, and fix of the af- fiflants, at leaft, to be fcvcn, fhall be called the general af- fembly, and fhall have full pov/er and authority to alter and change their days and times of meeting, or general afTer ^lies, thT^c^nienl ^^^ elcdtirg the governor, deputy governor, and afliftants, or afl'eT.biv. other officers, or any other courts, aflcmblies, or meetings, and to chufe, nominate, and appoint fuch, and fo many ■ ' y other pcrfons as they fhall think lit, and fhall be willing to accept THE COLONY OF CONNECTICUT. accept the lame, to 1-c free of the faid company and body po- Jiticlc, and them into the fame to admit, and to elc«Sl and con- Itiiutc luch c.fficcrs as they (ball think fit and rcquifite for the ordering, managing, and difpofing of the affairs of the faid governor and company, and their fucceffors. And wc do hereby, for us, our heirs and fuccefTors, eftablifti and or- dain. That once in the year, for ever hereafter, nam-ly, the faid Iccond Thiiriday in May, the governor, dt-pity go- vernor, and afliitants of the faid company, and other of- ficers of the faid company, or fueh of them as the faid ge- neral allcmbly fliall think fit, fhall be, in the faid gene- ral court and aflembly, to be held from that day or time, nevi^ly chofen for the year enfuing, by fuch greater part of the faid company, for the time being, then and there pre- fcnt. And if the governor, deputy governor, and aflif- tants, by thefe prcfents appointed, or fuch hereafter be newly chofen into their rooms, or any of them, or any other theoflicers to be appointed for the faid company, fliall die, or be removed from his or their ieveral offices or places betore the faid general day of election, (whom we do hereby de- clare, for any mifdcmeanor or default, to be removeable by the governor, alTiftants, and company, or fuch greater part of them, in any of the faid public courts to be aflcmbled, as is aforefaid) that then, and in every fuch cafe, it Ihall and may be lawful to and for the governor, deputy governor, and af- fiflants, and company aforefaid, or fuch greater part of them (b to be adembled, as is aforefaid, in any of their afTcmblies, to proceed to a new cledlion of one or more of their compa- ny, in the room or place, rooms or places, of fuch governor, deputy governor, afliftant, or other officer or officers fo dying, or removed, according to their difcretions. And immediate- ly upon, and after fuch election, or elections, made of fuch governor, deputy governor, affiflant, or affiflants, or any other ofiicer of the fuid company, in manner and form afore- f.;icj the authority . oilice, and power before given to the toi r.cr g(jverrior, dcputv governor, or other officer and :»f- ficc-' To reuioved, in whofe flead and place new fliall be chofvn, fliall, as to him and them, and every of them r.fpedl:ivcly, ccai'e and determine. Provided alfo, and our will and pieafure is. That as well fuch as are by thefe prefents ;:ppointed to be the prefent governor, deputy gover- nor, and afliftants of the faid company, as thole that fnall iuccecd them, and all other oflicers to be appointed and chofer, r.5 aforefaid. fbal!, before they undertake the executi- on of their faid offices and places rclpcclivcly, take their fe- veral 27 The Go- vernor, (,<^,-jjpg|y^ ^,^(j further, of our more ample Yive con"^''^^^» certain knowledge, and mere motion, we have given fent,antlof ^"'^ granted, and by thefe prefents, for us, our heirs anti canying fucceflbrs, do give and grant unto the faid governor and poods andcompany of the Englifh colony of Connecticut, in New p;erchan- England, in America, and to every inha'oitant there, and Enrianii to ^° ^^^'■y P*^""^" ^"" perluns trading thither, and to every Conneai- fuch perfon and pcrfons as arc or Ihall be free of the fai cut. colony, ■"■ilplpi RTOPF1 TO le and faithfu) es and places, ;fents, hereaf- that is to fay, )re nominated aid company, the mailers of to which maf- /e full power the faid John lalbn, who ia ^relent deputy faid oath be- le aflittants of hefe prefents, e faid oath to faid Samuel Tappen, Na- Lord, Henry John Ogden, lominated and THE COLONY OF CONNECTICUT. 29 ompany, fnall ind John Ma- ;ive full power iingly. And d every gpver- afen, by virtue e two or more me being J un- ver and autho- rdingly. And 3r every othci I time to time, deputy govcr /ernor, we do, ity to admini )ur more ample wc have given our heirs and governor an jcut, in New int there, and and to ever) free of the faid colon}' colony, full power and authority, from time to time, and at ali times hereafter, to take, ftiip, tranfport, and carry away, foc^ and towards the plantation and defence of the faid colony, fuch of our loving fubjeds and ftrangers as {hall, or wills willingly accompany them, in and to their faid colony and plantation, except fuch perfon or perfons as are or fhall be therein reilrained by us, our heirs and fuc- cefTors ; and alfo to (hip and tranfport all, and all man- ner of goods, chattels, merchandizes, and other things whatfoever, that are or Ihall be ufeful or neccflary for the , inhabitants of the faid colony, and may lawfully be tranf- ported thither j neverthelefs not to be difcharged of payment to us, our heirs and fucceflbrs, of the duties, cuftoms and -•» fi'bfidles, which are or ouglit to be paid or payable for the fame. And further, our will and pleafure is, and we do, for General us, our heirs and fucceflbrs, ordain, declare, and grant unto^^"'^'*^.'^" the faid governor and company, and their fucceflbrs, ^h^*: habitants' all and every the fubjedts of us, our heirs or fucceflbrs, of (^oime,.. which (hall go to inhabit within the faid colony, and every ticut. of their children which ihall hapipen to be born there, or on the fea, in going thither, or returning from thence, {hall have and enjoy all liberties and immunities of tree and na- .■ tural fubje(Sts within any jf the dominions of us, our heirs or fucceflbrs, to all intents, conflrutSlions and purpofes whatfoever, as if they, and every of them, were born within the realm of England. And we do authorize and impowerOat^^ "f' the governor- or in his abfence the deputy governor for ^^^^S'3"c« the time being, to appoint two or more of the faid afli-J^j*^ ftants, at any of their courts or aflemblies to be held as aforefaid, to have power and authority to adminift:er the , oath of fupremacy and obedience to all and every perfai\ •; and perfons, which {hall at any time or times hereafter go or pafs into the faid colony of Connefticut ; unto which faid afliftants fo to be appointed as aforefaid, ^ve do by thefe prefents give full power and authority to adminifter the faid oath accordingly. And we further, of our efpecial grace, Power to certain knowledge, and mere motion, give and grant unto'-'''^;''^*-'^"'"" the faid governor and company of the Engli{h colony of Coa- ^^,1 j^;^". nedicut in New-England in America, and their fucceflbrs, nij^ing that it {hall and may be lawful to and for the governor, or civil fuits. deputy governor, and fuch of the afliftants of the faid com- pany for the time being, as {hall be aflbmbled in any of the general courts aforefaid, or in any courts to be efpecially i'ummoned or aflTemblcd for thatpurpofe, or the greater part of ^•t-. 30 CHARTER GRANTED TO of them, whereof the governor, or deputy governor, and fix of the aflijftants, to be always ievcn, to crett and make fuch judicatories for the hearing and determining of ail adlions, caufes, matters and things happening within the faid colony or plantation, and which (hail be in difpute and depending there, as they (hall think fit and convenient; and alio, from time to time, to make, ordain and citablifh all manner of wholefjme and reafonable laws, flatutes, ordinances, direc- klrw ^'^'"^ '^"^ inltruftions, not contrary to the laws of this realm ami ordi- * <'f England, as well for fettling the fwrms and ceremonies nances not of go\ ernment and magiftracy, tit and necefl'ary for the faid connary to plantation, and the inhabitants there, as for naming and the hvvs ot i^yiiiig ail forts of ofticers, both fuperiour and inferiour,which "S *" • fj^ey jj^,^]j 1^,^^ needful for the government and plantation of the laid colony, and the diftinguifhing and fetting forth of the feveral duties, powers and limits of every fuch office and place, and the forms of fuch oaths, not being contrary to the laws and ftatutes of this our realm of England, to be admi- niftered for the execution of the faid feveral offices and places; as alfo for the difpofing and ordering of the elcdtion of fuch • ol the faid officers as areto be annually chofen, and of fuch others as {hall fucceed, in cafe of death or removal, and ad- miniftring the faid oath to the new-eleded officers, and grant- ing necefl'ary commiffions, and for impofition of lawful fines, iTiuldls, imprifonments, or other puniftiments, uponoftenders and delinquents, accordingtothecourfe of other corporations Reference within this our kingdom of England ; and the fame laws, to othet fjnes, muldls and executions, to alter, change, revoke, annul, on/'^yitiiir. releafe or pardon, under their common feal, as by the faid the king do'n of En 'land general aflembly, or the major part o\ them, (Ij.ill be thought Ht ; and for the direding, ruling and difpofing of all other matters and things, whereby our faid people, inhabitants there, may be fo religioufly, peaceably and civilly governed, as their good orderly life, and converfation, may win and invite the natives of the country to the knowledge and obe- dience of the only true God and Saviour of mankind, an J the Chriflian Fair'i ; which in ourroy-il intentions, and the ad- venturers frc. profeffion, is theonly and prin the faid company and inhabitants, and, upon juft caufes, to jult cavifes invade and deftroy the natives or other enemies of the faid to invade colony. Nevcrthelefs our will and pleafure is, and we do^" . ^'*"^y / ... their EriC- hereby declare unto all chriftian kings, princes and ftates.n^ig,^ that if any perfons, which fhall hereafter be of the faid com- pany or plantation, or any other, by appointment of the faid P''?viro m governor and company, for the time being, (hall at any tin^-ej^j^^^^^'jy or times hereafter rob or fpoil, by fea or by land, anddoinjure .';tt: )on or any any hurt, violence, or unlawful hoftility, to any of the prince or fubjeds of us, our heirs or fuccefTors, oi any of the fubjedls ftate, in a ofS?''y,^'|'' •>• * - tngiand. 3» to the King's i'ubjefts re- fiding in other parts «f his do- minioris of a liberty ot fifhing and diyingtheir fifh within the faid colony. Grant of the foil cf the colory to the n^ui eov. and company , CHARTER GRANTED TO of any prince or ftate, being then in league with us, our heirs or fucceflbrs, upon complaint of fuch injury done to any fuch prince or ftate, or their fubjeds, we, our heirs and fucceflbrs, will make open proclamation within any parts of our realm of England, fit for that purpofe, that the perfon or perfons committing any fuch robbery or fpoil (hall, within the time limited by fuch proclamation, make full reftitution or fatisfadion of all fuch injuries done or committed j fo as the faid prince or others fo complaining may be fully fatisfied and contented : And if the faid perfon or perfons, who fhall commit any fuch robbery or fpoil, fliall not make fatisfa6tion accordingly, within fuch time foto be limited, that then it Ihall and may be lawful for us, our heirs and fucceflbrs, to put fuch perfon or perfons out of our allegiance and pro- tcdlibn J and that it fhaU and may be lawful and free for all princes and others to profecutewith hoftilities fuch offenders, and every of them, their and every cf their procurers, aiders, abettors, and counfellorsin that behalf. Provided alfo, and our exprefs will and pleafure is, and we do, by thefe pre- fents, for us, our heirs and fucceflbrs, ordain and appoint, that thefe prcfents fliall not, in any manner, hinder any of cur loving fubjeits whatfocver to ufe and exercife the trade of fifhing, upon the coalt of New- England in America ; but they, and every or any of them, ftiall have full and free power and liberty to continue and ufe the faid trade of iifljing upon the faid coaft, in any of the feas thereunto adjoin- ing, or any arms of the feas, or fait- water rivers, where they have been accuftomed to iifh ; and to build and fet upon the wafle lands belonging to the faid colony of Con- ne6ticut, fuch wharfs, fl:ages, and work-houfes, as fhall be necefl'ary for the falting, drying, and keeping of their fifli, to be taken or gotten upon that coafl ; any thing in thefe prefents contained to the contrary notwithftanding. And know ye further, thatwe, of our more abundant grace, certain knowledge, and mere motion, have given, granted and con- firiied, and by thefe prefents, for us, our heirs and fuccefTors, do give, grant and confirm, unto the faid governor and company, and their fuccefTors, all that part of" our domi- nions in New-England in America, bounded on the Eaft bv the Narrogancett River, commonly called Narrogancett Bay, where the faid river falleth into the fca, and on the North by the line of the Maflachufcts plantation, and on the South by the fea, and in longitude, as the line of the : Mafla- -V;.';, m^mmmmmmfimmmm mmmm'^''mn THE COLONY OF CONNECTICUT. 33 MaflUchufets colony running from Eaft to Weft, (that is to fay) from the faid Narrogancett Bay, on the Kaft, to the South Sea, on the Well part, with the iflands thereunto adjoining, together with all the iirm lands, foils, grounds, havens, ports, rivers, waters, fifhings, mines, minerals, precious ftones, quarries, and all and angular commodities, jurifiii6tions, royalties, privileges, franchiies, preeminencies, and hereditamentswhatfoever, within the faid traft, bounds, lands, and iflands aforefaid, or to them, or any of them belonging. To have and to hold the fame, unto the faid Habendum governor and company, their fucceflbr, and afligns, for ever, upon truft, and for the ufe and benefit of themfelves, and their aflbciates, freemen of the faid colony, their heirs and afligns J to be holden of us, our heirs and fucceflbrs, Tenendum as of our manor of Eaft: Greenwich, in free and common foccage, and not fn capitty nor by knighti fervice ; Yield- Redden, ing and paying therefore to us, our heirs and fucceflbrs, dura, only the fifth part of all the ore of gold and filver, which from time to time and all times hereafter, (hall be there gotten, had or obtained, in lieu of all fervices, duties and demands whatfoever, to be to us, our heirs or fucceflfors, therefore or thereout rendered, made, or paid. And laftly, we do for Uo, our heirs and fucceflfors, grant to the faid governor and company, and their fucceflbrs, by thefe prefents, that thefe our letters patents fliall be firm, good, and eftej^ual in the Uw, to all intentv, conftrudlions and purpofes whatfoever, according to our true intent and meaning herein before de- clared, as fliall be conftrued, reputed, and adjudged mofl: favourable on the behalf, and for the beft benefit and behoof of the faid governor and company, and their fucceflbrs, al- though exprefs mention, &c. In witnefs, &c. Witnefs the King, at Weftminfter, the three and twentieth day of April, Per Breve de Privaio Sigilh* Rhode- C 34 ] . Rhode Ifland Charter, granted by King Charles //. in the Fourteenth Year of his Reign. ^intadeciina pars Patentium Anno Regni Regis C A R o L I Secundi ^intodecimo. 'm CHARLES the Second, by the grace of God, &c. To all to whom thef preicius (hall come, greeting. Whereas we have been informt 1 by the humble petition of our truUy and well beloved fubjccts, John Clarke, on the behalf of Benjamin Arnold, William Brenton, William Codingtop, Nicholas Eafton, William Boulfton, John Porter, John Smith, Samuel Gorton, John Weckts, Roger Williams, Thomas Olncy, Gregory Dexter, John Cogcfhall, Jofeph Clarke, Randall HouUlon, John Greene, John Roome, Samuel Wildbore, William Field, James Barker, Richard Tew, Thomas Har- ris, and William Dyre, and the reft of the purchafers, and free inhabitants of our ifland called Rhode Illand, and the reft of the colony of Providence Plantations, in the Narra- ganfetiiay, in New England in America, That they, purfu- iiig wit;i peace and loyal minds, their fober, ferious, and re- liuious intentions, of godly edifying themfclves, and one ano- ther, in the holy Chriftian faith and worfhip as they were perluaded, log' ther with the gaining over and converfionof thi. poor ignorant Indian natives, in thofepartsof America,to the finccrc profeflion and obedience of the fame faith and wor- fhip, did not only by the confent and good encouragement of ■our royai progenitors, tranfport thenutlves out of this king- dom of h ngland into America ; but alfo fmcc their arrival there, after their firft fcttlement amongft other our fubjefts in thofe parts, for the avoiding of difcord, and thofe many evils whicl> were likely to enfueupon thofe our fubjects, not being able to bear in thofe remote parts their difterent apprehen- fions in religious concernments j and in puriuance of the afore- faul ends, did once again leave their dcfii able rtations and ha- bitations, and with exceffive labour and travel, hazard and charge, did tranfplant themfelves into the midft of the Indian natives, who, as we arc informed, are the moft potent prin- ces and people of all that country j whereby the good provi- dence me ano- TO RHODE ISLAND. 8cnce of God (from whom the plantations have taken their name) upon their labour and indu{lry, they have not only been prelervcd to admiration, but have increafed and profper- cd, and are feized and pjAefFed, by purchafe and confenc of the faid natives, to their full content, of fuch lands, iflands, rivers, harbours, and roads, as are very convenient both fur plantations, and alfo for building of Ihips, fupply of pipe- ftaves, and other merchandize, and which lies very commo- dious in many refpects for commerce, and to accommodate our fouthern plantations, and may much advance the trade of this our realm, and greatly enlarge the territories thereof ; they having, by near neighbourhood to, and friendly focicty with, the great body of the Narraganfet Indians, given them encouragement, of their own accord, to fubjedt thcmfelves. their people and lands, unto us ; whereby (as is hoped) there mav, in time, by the blefling of God upon their endeavours be laid afure foundation of happinefs to all America. And whereas, in their humble addrefs, they have freely declared. That it is much on their hearts (if they be permitted) to hold forth a lively experiment, that a moft flt)uri{hing civil Hate may ftand,and bell be maintained, and that among our Kng- lifli fubje£ls, with a full liberty in religious concernments, and that true piety, rightly grounded upon gofpel principles, will give the beft and greatelt fecurity to fovereignty,and will lay in the hearts of men the ftrongelt obligations to true loy- ally : now know ye. That we being willing to encourage the hopeful undertaking of our faid loyai and loving ^ubjedu, and to fccure them in the free exercife and enjoyment of all their civil and religious rights appertaining to them as our loving fubjeils ; and to preferve unto them that liberty in the true Chriftian faith and worlhip of God, which they have fought with fo much travel, ana with peaceable minds and loyal fub- jedtion to our royal progenitors, and ourfelves, to enjoy : and becaufe fome of the people and inhabitants of the fame colony cannot, in their private opinion, conform to the public exer- cife of religion, according to the liturgy, form, and ceremo- nies of the church of England, or take or fubfcribe the oaths and articles made and eflablifhed in that behalf: and for that the fame, by reafon of the remote diftances of thofe places, will, as we hope, be no breach of the unity and uniformity eftabiifhed in this nation, have therefore thought fit, and do hereby publifli, grant, ordain, and declare, that our royal will and pleafure is. That no perfon within the faid colony, at any time hereafter, fliall beany-wifemolefted, punilhed, dif- quieted, or called in queflion, for any differences in opinion C 2 in 2k 36 CHARTER GRANTED their leli gion. Grant to in matters of religion, and do not actually difturbthe civil the jnha- ^^i^^ of cur faid colony ; but that all and every perfon and bitar.ts of pcrlciis may, from time to time, and at all times hereafter, of the tue^^^^'y ^"^ ^"'^y ^^^^ and enjoy his and their own judgments exerciieof and confciences, in matters of religious concernments, throughout the tract of land hereafter mentioned, they behav- ing thcmfelyes peaceably and tiulttly, and not ufmg this li- berty to liceiuioul'neCs and prof.inenefs, nor to the civil inju- ry or outv/ard difturbance of others, any law, ftatute or claufe therein contained, or to be contained, ufageor cuftomofthis realm, to the contrary hereof, in any wife notwithftanding. i^nd that they may be in the better capacity to defend them- felves in their juft rights and liberties againft all the enemies of the Chriitian faith, and others, in all refpedls, we have fur- ther thought fit, and at the humble petition of the perfons They fliall aforei'aid, are graci.-^ufly pleafed to declare. That they fhall enjoy the have and enjoy the benefit of our late adt of indemnity, and *1^"^A f ^^'^^ pardon, as the reft of our fubjecls in other our dominions indemimy ^"^ ^^^' '^^''^^^ have j and to create and make them a body po- litic or corporate, with the powers or privileges herein after -r mentioned : and accordingly, our will and pleafure is, and of t )n of di- o"*" elpeci?! grace, certain knowledge, and mere motion, we vers per- have ordained,conftitute(', and declared, and by thefe prefents, fonsinthe foi US, our heirs and fucceffors, do ordain, conftitute, and Providence declare, That they the faid William Brenton, William Cod- mgton, JMichoIas Lafton, xjened.ct Arnold, William Boul- Iton, John Porter, Samuel Gorton, John Smith, John Weekes, Roger Williams, Thomas Olney, Gregory Dexter, J^hn Cogtfnall, Jofeph Clarke, Randall Houlden, John Greene, John Roorne, William Dyre, Samuel Wildborc, Richard "rew, William Field, Thomas Harris, James Barker, Rainfborrow, Williams, and John Nickfon, and all fuch others as are now, or hereafter fhall be admitted, tree ot the company and fociety of our colony of Providence Plantations, in the Narraganfet Bay, in Ncw'-England,{hall be, from time to time, and for ever hereafter, a body corpo- rate and politic, in fact and name, by the name of the Go- vernor and Company for the Englilh Colony of Rhode Illand, and Providence Plantations, in Nev England, in America; and that by the fame name trey and their fucceffors ftiall and may have perpetual fucceffion, and fhall and may be perfons able and capable in the law to fue and be fiied, to plead and be impleaded, to anfwer and to be anfwered unto, to defend and to be defended, in all and fingular fuits, caufes, quarrels, matters, adions, and things, of what kind or nature foever ; and Plantati tins. Name of tne corpo ration. TO RHODE ISLAND. 37 and alfo to have, take, poflTefs, acquire, anjc ^tiople of this our realm of England, or any corporation or body poll- , , tic within the fame, may lawfully doj and further, that thev the faid Governor and Company, and their fucccliurs, fliall and may, for ever hereafter, have a common feal, to ferve and Common life for all matters, caufes, things, and affairs whatfoever, of * them and their fucceflbrs, and the fame feal to alter, change, break, and make new from time to time, at their will and pleafure, as theyfhall think fit. And farther, we will and ordain, and by thefe prefents, for us, our heirs and fucceflbrs, do declare and appoint,That for the better ordering and mii-Q^ygrn- naging of the affairs and bufmef^ of the faid coir- puny and mcnt. their fucceflbrs, there fhall be ore governor, one deputy go- vernor, and tenaffiLftants,to be from time to time onltitutcd, elected, and chofen', out of the freemen of the faid company, for the time being, in fuch manner and form as is hereafter in thefe prefents expreffed j which faid officers fiiall apply thcm- felves to take care for thebeft difpofing and ordering of the general bufincfs and affairs of and concerning the lands and , .. hereditaments herein aftcrmentioned to be granted, pno the plantation thereof, and the government of the people there. And for the better execution of our royal pleafure hcrein,we do for us, our heirs and lucceffore, affign., name, conftitute, '^fP°"l*" and appoint, the aforefaid Benedid Arnold to be the firil and f^,.n „oye,.. pie'piit governor of the faid company, and the faid \ /ill iam nor, deputy Breator. to be the deputy govcrnor,and the faid William Boul- governor, fton, John Porter, Roger Williams, Thomas Olney, John '■'"'^ ^A''^- Smith, John Greene, j ihn Cogeftiall, Jmncs barker, Wil-^"'^'- liam Field, and Jofeph Clarke, to bethetcr- prefent ailiftants of the faid company, to continue in the faid fevcral offices refpciSlivelv, until the firft Wednefday which fhall be in the mcnth of May now next comint. And further, we will, riicgover- and by tkcfe prelsnts, for us, our neirs and fucccllors, do or- ^•^. ^^^^ ^^j^^ dain and grant,, That? the governor of the faid company, forf^j com- the lime being, or in his abfence, by occafion of ficknefs, or pnny ai of- otherwife, by his leave or permillion, the deputy governor, ten as he for the time being, fha'l and may, from time to time, upon^'^''" -^ all occafions, give order for the affembling of the faid compa-^ °^^' ny, and calling them together, to confult and advij'eofihc bufinefs and affiirs of the faid company, and that for ever hr^re- after., Iwice in every year, that is to fay, on every firft Wed- nefday in the month of May, and on every la(!. Wednefday in 3$ CHARTER GR ANTED in O^lober, or oftener, in cafe it (hall be requifite, the affift- ants, and luch of the freemen of the faid company, not ex- ceeding fix perfons, fc r Newport, four perfons for each of the refpedlve towns of Pi evidence, Portfmouth, and War- wick, and two perfons for each other place, town or city, who fhall be from time to time thereunto elefted or deputed by the major part of the freemen of the refpedlive places, towns or places for which they fhall be fo elected or deputed, (hall have a general meeting or aflembly, then and there to confult, ad- vife and determine, in and about the affairs and hufinefs of the faid company and plantations. And further, we do of our efpecial grace, certain knowledge, and mere motion, give and grant unto the faid governor and company of the Jtinglilh colony of Rhode-Ifland and Providence Plantations, in New England, in America, and their fucceifors. That the governor, or -n his abfence, or by hispermiflion, the deputy governor of the faid company, for the time being, theaflift- ants, and fuch of the freemen of the faid company as (hall be fo aforefaid elected or deptited,or fo many of them as fliall be preff nt at fuch meeting or affembly, as aforefaid, (hall be call- ed the general aflembly ; and that they, or the greateft parti of them then prefent, whereof the governor, or deputv go- vernor,and fix of thea/Tiftants at leaft, to be feven, (hall have, and have hereby given and granted unto them, full pov, ■ i aid authority, from time to time, and at all times here-. ftir, to ;. appoint, alter, and change fuch days, tiuies and places of meeting, and general afTembly, as they Ihall think fit, and to chufe, nomiaate and appoint fuch and fo many perfons as they fiiall think fit, and (hall be willing to accept the fame, to he free of the faid company and body politic, and them into thcfaine to admit, and to ('ec}, ana confti- tute fuch offices and o^icers, and to gra;i'- luch needful commiflions as they ihall think fit and I'^quiliu, for r dur- ing, managing, and difpatchino; of the afiairs of the fa;d go- vernor and company, and their fucceifors j and, from time to time, to make, ordain, conltituce, or repeal fuch 'aw.' , l^a- tutes, ordcis and ordinances, Forms and ceremonies C' go- vernment and magiftracy, as to ihcm (hall fcem m 'it,for ilie , good and welfare of the laid rompany, and for the guvcrnmeiit andorderingof the lands and hereditaments herein after men- tioned to be granted, ard of tl o people that do, or at anytime hereafter (hail inhabit,( rbe wuhm the fame ;fo as fuch laws, o.dinances and conftitutions, fo made, l? not contrary and repugnant unto, but, as near as may, p':ieeabletothelaws of this our realm of England, confiderii.^the nature and conili- tution of the place and people therej and alfo, to appoint, or- der. TORHODE ISLAND. der, and diredt, eredland fettle fuch places and courts of ju- rifdidlion, for hearing and determining of all a6ci<;ns, cafes, matters and things, happening Within the faid colony and plantation, and which (hall be in difpute, and depending there, as they (hall think fit ; and alfo to diftinguifli and fct forth thefeveral names and titles, duties, powers and limits, of each court, office and officer, (uperior and inferior j and alfo, to contrive and appoint fuch formb of oath^ and attef- ♦itions, not repugnant, but as near as may be agreeable as aforefaid to the laws and ftatutes of this our realm, as arc con- venient and requifite, with refpeft to the due adminiftration of juftice, and due execution and jlifcharge (fall offices and places of truft, by the perfons that (hall be therein concern- ed ; and alfo to regulate and order the way and manner of all eleftions to offices and places of truft, and to prcfcnbe, limit and diftinguiih the number and bounds of all places, towns and cities, with the limits and bounds herein after menti n- cd, and not herein particularly named, who have r.r (hill h n the power of electing and fending of freemen to the faid I'. iaflembly ; and alfo to order, dired: and authorife, the impofing of lawful and reafonable fines, mulcts, imprifon- ments, and executing other puniihments, pecuniary and cor- poral, upon offenders and delinquents, according to the courfe of other corjjorations, within this our kingdom of Eng- land J and again, to alter, n; voice, annul or pardon, under their common feal, or otherwife, fuch fines, mul6ls, impri- fonments, fentences, judgments and condemnations, as (hall be thought fit j and to diret^-, rule, order and difpofe of all other matters and things, and particularly that which re- lates to the making of purchnfes of the native Indians, as to them (hall fe^m meet ; whereby our faid people and inhabi- tants in the f-id plantations, may be i'o i-elijiioufly, peaceably and civil!' "jj^trned, as that by their good lite, and crderly convcrfatrr :, tliey may win and invitf the nati\e. Indians of the couiit, c./ ti t Knowledo;e and obedience of the only Kue God and Savi>.;r of mankind ; willing, commanding and le- qiiiring, and by vhefe prefents, for us, our heirs and fuccef- fors, ordaining and appointing, tha«- all iuch laws, Itatutes, orders and ordinances, inftrudlions,iinpcfitions and directions, as (hall be fo made by the governor, deputy, afliftanrs and freemen, or fuch number of them as aforefaid, and pub'i(hcd in writing under their common feal, (hall be carefully and duly c" '"-irved, kept, performed and put in execution, ac- cordi; ; fo the true intent and meaning of tlie fame. And thefe Cm r 'ttt^rs patents, or the duplicate or exemplification thereof, (hall be to ail and every fuch officer;-, fuperior or in- ferior. 39 mmmm lii"iHi i.ip mm 40 CHARTER GRANTED ferior, from time to time, for the putting of the fame orders, laws, ftatutes, ordinances, inftrudlions and direftions, in due execution againft us, our heirs and fucceflbrs, a fufficwnt warrant and difchargc. And further, our will and pleafure is, and we do hereby for us, our heirs and fucceflbrs,eftablifh There (hall 3^,^ ordain. That yearly, once in the year for ever hereafter, Jf''"j^^""j^' namely, theaforefaidWednefday in May, and at the town of of the go- Newport, orelfewhere if urgent occafion do require, the go- ▼ernor, &c. vernor, deputy governor, and affiftants of the (aid company, by the ge- and Other officers of the faid company, or fuchof them as the ^"^\ ^■' general afi'embly (hall think fit, (ball be in the faid general the month ^ourt or aflembly, to be held frcm that day or time, newly of *May. chofen for the year enfuing, by greater part of the faid com- pany for the time being, as (hall be then and there prefent. Accidental -^"^ '^ '^ ^^^^ happen that the prefent governor, deputy gover- vacancies nor, and afliftants, by thefe prefents appointed, or any fuch as by death orfhall hereafter be nev y ~hofen into their rooms, or any of "'""h^'fiii them, or any other the o "-. of the faid company, (hall die, ed'up bv ' ^^ ^^ removed from his or u r feveral offices or places, before the general •^he faid general day of election, (whom we do hereby declare .uTembly. for any mifdemeanor or default, to be removable by the gover- nor, affiftants and company, or fuch greater part of them, in Power to any of the faid public courts to be aflembled, as aforefaid) remove the that then, and in every fuch cafe, it (hall and may be lawful governor, ^^ ^^^ f^^ ^j^g ^^jj governor, deputy governor, affiftants and other offi- company aforefaid, or fuch greater part of them fo to be af- cer, forany fembled, as is aforefaid, in any of their aflemblies, to proceed inifdemea to a new eleftion of one or more of their company, in the ^'w- room or place, rooms or places, of fuch officer or officers fo dying or removed, according to their diredtioiis. And '11- mediately upon and after fuch election or eledlions made of fuch governor, deputy governor, affiftant or affiftants, or any other officer of the faid company, in manner and fjrm afore- faid, the authority, office and power, before given to the for- mer governor, deputy governor, and other officer and officers fo removed, in whofe ftead and place new fhail be chofen, (hall, as to him and them, and every of them refpedtively, ccafe and determine: provided always, and our will and plea- The ^ov ^^^'^ '^» ^*^^^ ^^ ^^'^ '"^'^ ^^ ^^^ ^y ^^^^"^ prefents appointed ^eputvgov. t« be the prefent governor, deputy governor, and affiftants of &c. ilKilI the faid company, as thofe which (hall fucceed them, and all takelt>lemn other officers to be appointed and chofen as aforefaid, (hall engage- before the undertaking the execution of the faid offices and Jbe dii;?ei°P'^^'^^ refpedively, give their folemn engagement by oath or of their ctherwife, for the due and faithful performanceof their duties rpfpeaive in ofiices* TO RHODE ISLAND. 41 in their feveral offices and places, before fuch perfon or ptr- fons as are by thefe prefents hereafter appointed to take and receive the fame ; (that is to fay) the fuid Benedict Arnold, who is herein before nominated and appointed the prefmc governor of the faid company, fliall give the aforefaid en- , gagement before William Brenton, or any two of the laid afliftants of the faid company, unto whom we do, by thcfe prefents, give full power and authority to require and receiver , the fanie; and the faid William Brenton, w.io is hereby be- fore nominated and appointed the prefent deputy governor of the faid company, fhall give the aforefaid engagement be- fore the faid Benedicl Arnold, or any two of rhii afliftants of the faid company, unto whom we do, by thcfe prefents, give full power and authority to require and receive the fame ; ' and the faid William BoulftcJn, John Porter, Roger Wil- liams, Thomas Olney, John Smith, John Greene, John - Cogefliall, JamesBarker, William field, and fofeph Clarke, who are herein before nominated and appointed the prefent affiftants of the company, ftiall give the faid engagement to their offices and places refpe«Slively belonging, bcfoie the faid Benedi(Sl Arnold and William Brenton, or one of them, to whom refpedlively we do hereby give full power and autho- rity to require, adminifter or receive the fame. And further, jvianner in our will and pleafure is, that all and every other futjre go- which fu- vernor, or deputy governor, to be elcded and chofen by tine gover- virtue of thefe prefents, fhall give the faid engagement before "^i"* ^".'^ <»" two or more of the faid affiftants of the faid company for the^f^''*'*'^^''* tnne being, unto whom we do, by thele prefents, give fuil panyfhall power and authority to require, adminifter or receive the give thele fame j and the faid affiftants, and every of them, and all and engage- every other officer or officers, to be hereafter elected and"^^"^®- chofen by virtue of thefe prefents, from time to time, (hall give the like engagements to their offices and places re- fpeitively belonging, before die governor, or deputy gover- nor, for the time being ; unto which faid governor, or de- puty governor, we do by thcfe prefents give full power and authority to require, adminifter, or receive the fame accord- ingly. And we do likevvife, for us, our heirs and fucceffors, rhegover- give and grant unto the faid governor and company, and their »o>'j &c. lucceflbrs, by thefe pre ents, that for the more peaceable and "i^ygovern orderly government of the faid plantations, it fhall and "lay g^.^^^^^*^!^,'^ be lawful fr)r the governor, deputy governor, afllliants, and to the laws all other officers and miniftcrs, of the faid company, in the that have adminiftration of jufticc, and cxercife of government, in the^lit^ady faid plantation, to ufe, cxercife, and put ir. execution, fuch J*"" I"""' * . ' ' ' * , , there (not methods, bein^ con- trary to the laws 42t CHARTER GRANTED that fivill invade the colony » of Eng.) methods, rules, orders, and dire6lions, not being contrary and until they repugnant to the laws and ftatutes of this our realm,ashas been in^bine"*"* heretoforfegivenjufedand accuft^medin fuch cafes refpeilively, gen. artem-to be put in pra6tice,|Until, at the next, or fome other general bly. aflembly, efpecial provifion (hall be made and ordained in the cafes aforefaid. And we do further, for us, our heirs and fuc- Powei- of ceflbrs,give and grant unto the faid governor and c: impany,and arming thct^pir fuccefforSjby thefc prefeiits,that it flialland rnay belawful people, andfQ jj^d for ^|je faij govcrji t, or in his abfencc the deputy go- ihem out vcmor, and major part of the faid afliftants for the time being, to war at any time, when the faid general alTembly is not fitting, to againit any nominate, appoint and conftitute fuch and fo many com- enemies manders, governors, and military olfu '.ts, as to them ftiail feem requifite, for the leading, condudting, anJ tra'ning up the inhabitants of the faid plantations in martial affairs, and for the defence and fafeguard of the faid plantations j and that it fliall and may be lawful to and for all and every fiich commander, governor, and military oHictr, that ihall be fo as aforefaid, or by the governor, or in his abfence tht: deputy governor, and fix of the afiiflants, and major part of the free- men of the faid company, prefcnt at any general afl'emblies, nominated, appointed and conftituted, accordir o the tenor of his and their reipecftive commiflions and dii ..lons, to af- femble, exercife in arms, marflial, array, and ^ it in warlike pofture, the inhabitants of the faid colony, for their efpecial defence and fafety ; and to lead and conduct the faid inhabi- tants, and to encounter, repulfe, and ufiii by force of arms, as well by fea ashy land, and alio to kiil, flay and deltroy, by all fitting ways, enterprises and means whatfoever, ail and every fuch perioii or pcrfons, as (hall at any time heieaiter attempt or enttrprize the doftruction, invaficn, detriimsuor annoyance of the faid inhabitants or plantations ; and to ufe and exercife the law martial, in fuch cafes only as occafion (hall necefliirily require ; and to take and furprize, by all ways and means whatfoever, all and every fuch perfon and itiit raufes P^i^fons with tncir (hip or (hips, armour, ammunition^ or to mvade other goods of fuch perfons as (hail in hoiiiic manner invade ihtnii. or att.mpt the defeating of the faid plantation, or the hurt Bctthey ^f the faid ccmpany and inhabitants ; and upon juft caules may net ^^ invade and deftroy the natives, Indians, or otuc^r eneniies rative In-^' ^"*^ *'*'" colony. Neverthelels, our will and pleaiuic is, diar.i inha- and v/e do hereby declare, to the i efl of cur colonics in New- tnting o- England, that it (hall not be lawful for this our faid cokniy »ier colo- fjf Rhode 1 Hand and Providence plantations in America, J^'» J^!,<'!I. 'fi New-England, to invade the natives inhabitinia: wi'Iiin cf faid co-^^ ^o'^^^^s and limits of their faid colonies, vvithout the Uniieu know TO RHODE ISLAND. 43 knowledge and confent of the faid other colonies. And it is And thco- hereby declared, that it {hall not be lawful to or for the n (^ of *'!^' "''»- the colonics to invade or moleft the native lndians,or r.ny other |'^" ^'^'| inhabitants inhabiting within the bounds or limits iieicaKjr^i,e,^^g'pg_^ mentioned, (they having fubjedted themfelvcs unto us, ntiu itriaion being by us taken into our fpecial protection) without witlnefpea the knowledge and confent of the governor and company J? ^'''^ I"- of our colony of Rhode-Ifland aad Providence plantation. ^^1^^"^-*^** Alfo our will and pleafure Is, and we do hereby declare untoRhode-ifl. all Chriftian Kings, Princes and States, that if any perfon, which (hall hereafter be of the faid company or plant ttion, '■°^'^'°""\ ,1. • ri/--i-'*^i cale any of or a.j^ other by apponitmciit ot thf: laid governor and com- the inhabi- pan)', for the time being, fhall at aiiy tihic or times hot eal tcr tants of rob or 'poil, by fea or land, or do any hurt, or unlawful ^l^'s colony hoftility, to any of the fubjeds of us, our heirs and fuc °i ^^°u^~ d-fibrs, or any of the fubjedts of any Prince or State, being ,,qj^ ^^■ then in league with us, our hpirs and fucceflbrs : upon com- jure the plaint of fuch injury don^ to an' fuch Prince or State, orfubjefts of their fubjedts, we, our heirs and fucceilors, wi'l make open ^"y ^ate in proclamation, within any parts of oui ivaim 01 England, fit ^"'Y "j'^^ for that purpofe^ that the pTfon or perfons committing any "S^"'' l( fuch robbery or fpoil, (hall, within the tioiC jumtcd by fucli proclamation, make full reftitution or l;;t;.-.ra£l:ion of all fuch injurief^ done or committed, fo as the f'id Prince, or others fo ; complaining, may be fully fa'isiied and contented ; and if the faid perfon or p-rfons, who Ihai commit any fuch rob- bery or ipoil, (hall not inake fatistadtion accordingly within ' fuch time fo to be limited, that then we, our heirs and fuc- ceflbrs, will put fuch perfon ^.r perfon;- out of our allegiance and protedlion ; and that then it fhall and may be lawful and free for all Princrs or others, to profecute with hoftility fuch offenders, and every of them, their and every of their procurers, aiders, abettors and counfeliors. in that behalf. Provided alfo. and our ^xprefs virill and pleafure is, and we do Rcfervati- by thefe prefents, for us, our heirs :md fucceflbrs, ordain and °r ^o^^a appoint, that thofe prefents flaall not in any manner hiiidcrjj|"='^|.*?* any of our loving fubjedts whatfoever, from v.fing and exer- je^s of the cinng the trade of fi(hing upon the coaft of New-England in liberty of America, but that they, and every or any of them, (hall have filling and full and free power and liberty to continue and ulib the trade ^^'"S'l^f'*" ' of filhingupon the faid coaft, in any of the feas thereunto ad- jj^-j^'^^jj^" joining, or any arms of the fea, or falt-water, rivers and creeks, where they have been accuflromed to fi(h, and to build and fet upon the wafte land belonging to the faid colony ^nd plantations, fuch wharfs, ftages, and work-houfes as , . Ihall 4+ CHARTER GRANTED Whales. {ball be ncccfl'ary for the faking, drying and keeping of their fifh, to be taken or gotten upon that coaft. And further, for the encouragement of the inhabitantii of our faid colony of Providence niai.^ation, to fet upon the buftnels of taking whr'-s, 'tii./il be lawful for them, or any of thcqi, having itruLN a <■ lie, dubertus, or other great fifli, it or them to p " e untv that coaft, and into any bay, river, cove, creek or ihorc, belonging thereto, and it or them, upon the faid coaft, or in the faid bay, river, cove, creek or fhorc, belong- ing thereto, to kill and order for the beft advantage without moleftation, they making no wilful wafte or fpoil j any thing in thefe prefents contained, or any other matter or thing to the contrary notwithlbi»ding. And further alfo, we arc '"^* gracioiiflypleafed, and do hereby declare, that if an) of the inhabitants of our faid colony do fet upon the planting of vineyards, (the foil and climate both fceming naturally to concur to the production of wines) or be induftrious in the difcovery of fifliing-banks, in or about the faid colony, we will, from time to time, give and allow all due and fitting Liberty to encouragement therein, as to othcis in cafes of like nature, carry over And further of our more ample grace, certain knowledge, and j°*^'**^°"rmere motion, we have given and granted, and by thefe pre- theking's ^"^"^s, for US, our heirs and fucceflbrs, do give and grant, fubje6^s unto the faid governor and company of theEnglifh colony of who (hah Rhode-Ifland and Providence plantation in the Narraganfett be willing ^gy j^ New-England, in America, and to every inhabitant to go thi- fj^gfg^ gj^j jQ every perfon and perfons trading thither, and ' to every fuch perfon or perfons as are or (hall bo free of the faid colony, full power, and authority, from time to time, and at all times hereafter, to take, fhip, tranfport, and carry away, out of any of our realms and dominions, for and to- wards the plantation and defence of the faid colony, fuch and fo many of our loving fubjecls and Grangers, as Ihall or will willingly accompany tlicm in and to their faid colony and plantation, except fuch perfon or perfons as are or fhall be therein reftrair.ed by us, our heirs and fucceifors, or any law orftatuic of this realm ; and alfo to fhip and tranfport all and all manner of gi ods, chattels, merchandize, and other things goods and whatibevcr, that are or fhall be ufcful or nec^?flary for the faid nierchan- plantations, and defence thereof, and ufuaily tranfported, and not prohibited by any law or ftatute of this our realm ; yielding and paying unto us, our heirs and fucceflbrs, fuch the duties, cuftomsand fubfidies, as are or ought to be paid or payable for the fame. And further, out will and pleafure is, and wc do, for us, our heirs and fucceflbrs, ordain, de- claie and like- wilb to car ly over rlize from £»nland. General dettization ofallthein for TO RHODE ISLAND. 45 clare and grant, unto the faid governor and company, and habitants their fucceflbrs, that all and every the fubjeds of us, our°*^ ^^'* *■'*'' heirs and fucceflbrs, which are already planted and fettled ^"^* within our faid colony of Providence plantations, or which Ihall hereafter go to inhabit within the faid colony, and all and every of their children which have been born there, or whir.h (hall happen hereafter to be born there, or on the fea going thither or returning from thence, (hall have and enjoy all liberties and immunities of f:ee and natural fubjeiSts, with- in any the dominions of us, our heirs or fuccelfors, to all in- tents, conftru,s, rocks, flates, and all and Angular other com- moclit vs, juniuidtiuns, royalties, privileges, franchifes, pre- eminences and hereditaments whatfocver, within the faid trad, bound.-, lands and iflands atorefaid, to them or any of them belonging, or in any-wifc appertaining. To have and to huld tlu iame, unto the faid governor and company, and their fucccITors for ever, upon truft, for the ufe and be- nefit of themfclves, and their aflbciates, freemen of the faid colony, their heirs and aiiigns. To be hold of us, our heirs and fucceflbrs as of the manor of Eaft-Greenwich, in our county of Kr-nt, in free and common focage, and not Redden- ir> capite, nor by Knight's fervice. Yielding and pay- dum. ing therefore to us, our heirs and fucceflbrs, only the fifth part of all the ore of gold and filver, which from time to time, and at all times hereafter, fhall be there gotten, had or obtained, in lieu and fatisfadion of all fervices, duties, fines, forfeitures made or to be made, claims and demands whiitfo ver, to be to us, our heirs or fucceflbrs, therefore or thereout r..ndered, made or paid j any grant or claufe, in a late grant to the governor and company of Connefticut colony in America, to the contrary thereof in any wife notwithftand- ing; the aforefaid Pawcatuck river having been yielded after much debate, for the fixed and certain bounds between thefe our faid colonies, by the agents thereof, who have alfo agreed, that the faid Pawcatuck river (hall be alfo called alias Narrogancett or Narroganfett river, and to prevent future difputes that otherwife might arife thereby, for ever here- after, (hall be confl;rued, deemed and taken to be the Nar- rogancett river, in our late grant to Connef New- I aflignes breadth noxtiall tude in- iforefaid :her alfo !, rivers, II mines jrecious lodities, ces both within the faid ntended effed or : within ies then b^ fuch and to itinent, b, Teas, lodities, : fliould lar their nto the ;ver, to the the fole and proper ufc, benefit and behoof of them the faid Councel and their fucccflbr* and aflignes for ever: To beTcnure. houlden of our faid mod dear and royal Father, his heirs and fucceflbrs, as of his mannor of Eaft-Greenwich in the county of Kent, in free and common foccage, and not in capite nor by knights fervice. Yielding and paying therefore to the faid^"**' late king, his heirs and fucceflbrs the fifth part of the oare of gould and filver which (hould from time to time and at all times then after happen to be found, gotten, had and obtain- ed, in, at, or within any of the lands, limits, territories and precin€ls,or in or within any part or parcel thereof, for or in rcfpe^ of all and all manner of duties, demands and fervices whatfoever to be done made or paid to our faid dear Father the late King, his heirs and fucceflfors; as in and by the faid letters patent (amongft fundry other claufes, powers, privi-^ leges and grants therein contained) more at Urge appeareth. And whereas the faid Councel eftablifhed 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 P/"*']!^"^."*^ indented under their common feal, bearing date the "•ne-J.jjyj.pjj^ teenth day of March laft paft, in the third year ot our reif^n,Bay,(being given, granted, bargained, fold, enfeoffed, aliened and on-paitof the firmed to Sir Henry Rofewell, Sir John Young, knights, Premifcs Thomas Sonthcott, John Humphrey, John Endicott and |"5" .. Symon Whetcomb, their heirs and affociates for ever, all^y ^{^^ ' that part of New-England in America aforefaid, which lieth Council of and cxtendeth between a great river there commonly calledPlymo"th Monomack, alias Merrimack, and a certain other river there ^ ^" ^/J"' called Charles river, being the bottom of a certain bay there j^^^^ ^^jj^j.,^ commonly called Maflachufetts, alias Mattachufetts, alias March ly! MafTatufetts bay, and alfo all and fingular thofe lands and 3 Car. i. hereditaments whatfoever lying and being within the fpace of three Englifh miles on the fouth part of the faid Charles river, or of any or every part thereof, and alio all and fingular the lands and hereditaments whatfoever, lying and being within the fpace of three Englifh miles to the fouthward of the fouthermod part of the faid bay called Maflachufetts, alias Mattachufetts, alias Maflktufetts bay, and alfo all thofe lands and hereditaments which lye and be within the fpace of three EngUfli miles to the northward of the faid river called Monomack, alias Merrimack, or to the northward of any and every part thereof, and all lands and hereditaments whatfoever, lying within the limits aforefaid, north and fouth, in latitude and breadth, and in length and longitude, of and ■wiihin all the breadth aforefaid, throughout the main lands . ' D there. .a. ,:.■ e ourefpeciall grace, certain knowledge and mecre motion, hn Ven, Matthew Craddork, George Harwood, Increa'e Noweil, Richard ,,.^. Perry, Kichard Bellingham, Nathanael "Wright, Samuel - ' ."" VaflTall, Theophilus Eaton, Thomas GofFe,Thomas Adams, John Browne, Samuel Brownt, Thomas Hutchins, William VafTall, William Pinchon, and George Foxcroft, their heirs and affignes, all the faid part of New England in America, , .' lyeing and extending betweene the bounds and limits in the faid recited indenture expreffed, and all lands and grounds, place and places, foyles, wood and wood grounds, . havens, ports, rivers, waters, mines, mineralls, jurifdic- tioni;, rights, royalties, liberties, freedoms, immunities, pri- viledges, franchifes, preheminences, hereditaments and com- modities wh'^tfoever to them the faid Sir Henry Rofewell, Sir J6hn Younge, Thcnias Southcott, John Humfrey, John Endecott and Simon Whetcombe, their heirs and aiTignes, and to their affociates by the faid recited indenture given,grantedjbargained,foiild,enfeofTed,alienedandconfirm- ed,or mentioned or intended thereby to be given, granted, bar- gained, fould, enfeoffed, aliened and confirmed. To have and Ujjt^g^_ to hould the faid part of New England in America and other ju,^, th<; premiffes hereby mentioned to be granted and confirmed, and every partorparcell thereof, with the appurtenance ,u:jto the faid Sir Henry Pvofewell, Sir John Younge, Sir Richard Saltonftall, Thomas Southcott, John Humfrey, John En- decott, Syrnon Whetcombe, Ifaac Jchnfon, Samuel Alder- fey, John Ven, Matthew Cradu Kk, George Harvocd, In- cr'^afe Noweil, Richard Perry, P i chard Bellingham, Natha- rue' Wrig' t, Samuel Vaffall, Theophilus Eaion, Thomas Goffe, Thomas Adams, John Browne, Samuel Browne; Thomas Hutchins, Willi»m Vaffall, William- Pin-chon, and . George Foxcroft, their heirs and afligns for ever, to iheir ^,. .,yi ;. ,.^' W.-* f - ^'-''' Da -• ■ "»T. ', only wmm 5a Tenure. FIRST CHARTER OF Uent. Giant of the fame traft of Land to the fame only proper and abfolute ufe and behoof for evermore. To be houlden of us our heirs and fucceffours as of our manner of Eaft Greenwich iiforefaid in free and common foccage, and not in. cap"' te nor by knights fervice, and alfo yielding and paying therefore to us our heirs and fucceffours the fifth part only of all oare of gould and filver, which from time 10 time and at all times hereafter fliall be there gotten, had or obtained, for all fervices, exa^ions and demands whatfoever according to the tenure and refervation in the faid recited in- denture expreffed. And further know ye, that of our mor^ efpeciail grace, certain knowledge and meere motion,wehave given and granted, and by thefe prefents do for us our heirs andfucceffors give andgrantunto thefaidSirHenryRofewell, perfoiis by Sir John Younge, Sir Richard Saltonftall, Thomas South- the King, cott, John Humfrey, John Endecott, Simon Whetcombe, Wmfelf. ifg^j. jfohnfon, Samuel Alderfy, John Ven, Matthew Crad- dock, George Harwood, Increafe No well, Richard Perry, ' Richard Bellingham, Nathaniel Wright, Samuel Vaffall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne,SamuelBrowne,ThomasHutchins, WlUiamVaffall, William Pinchon, and George Foxcroft, their heirs and affignes, all that part of New-England in America which lies and extends between a great river there commonly called Monomack river, alias M^rymack river, and a certain other river there called Charles river, being in the bottom of a cer- tain bay there commonly called MaiTachufets, alias A/latta- chufets, alias Maffatufets bay, and alfo all and fingular thofe lands and hereditaments whatfoever lying within thefpaceof three Englifh miles on the fouth part of the faid river called Charles river, or of any or every part thereof, and alfo all and fingular the lands and hereditaments whatfoever lyeing and being within the fpace of three Englifh miles to the fouthward of the fouthermoft part of the faid bay called Maffachufetts, alias Mattachufetts, alias Maffatufets bay. And alfo all thofe lands and hereditaments whatfoever which lye and be within the fpace of three Englifh miles, to the northward of the faid river called Monomack, alias Mer- rimack, or to the northward of any and every part there- of, and i ' nds and hereditaments whatfoever lyeing with- in, the ' ...ts aforefaid north and fouth in latitude and breadth, and in length and longitude of and wuhin all the breadth aforefaid throughout the main lands there, from the Atlantick ami weftcrn fea and ocean on the eaft part, to the fouth fea on the, weft parte, and.all lands and trounds, place and places, foylep„,wflod and wood grounds, havens, ports, rivers, waters and hereditaments whatfoever ' . lyeing r THE MASSACHUSETTS BAY. 53 »'.'-lS,! lyeing within the faid bounds and limits, and every part and parcel thereof, and alfo all illands in America aforefaid in the faid feas or either of them, on the weftern or eaftern coaftes, or partes of the faid tra3s of lands hereby mentioned to be given or granted or any of ihem, and ail mines and mineralls as well royall mines of goulcl and filver as other mines and mineralls whatfoever in the faid lands and pre- mifles or any part thereof, and free liberty of fifhing in or within any the rivers or waters within the bounds and limits aforefaid and the feas thereunto adjoining, and all fifnes, royal, fifties, whales, balan, fturgeon, and other fifties of what kinder nature foever, that ftiall at any time hereafter be taken in or within the faid feas or waters or any of them, by the faid Sir Henry Rofewell, Sir John Younge, Sir Richard Saltonfliall, Thomas Southcott, John Humfrey, John tn- decott, Symon Whetcombe, Ifaac Johnfon, Samuel Alderfey, John Ven, Matthew Craddock, George Harwood, Increafe Nowell, Richard Perry, Richard Bellingham, Nathaniel Wright, Samuel Vaflall, Theophiius Eaton, Thomas Gofive, Thomas Adams, John Browne, Samuel Browne, Thomas Hutchins, William Vaflall, William Pinchon, and George Foxcroft, their heirs and alTignes, or by any other perfon or perfons whatfoever there inhabiting, by them or any of them appointed tofiifti therein. Provided always that if the faid lands, Provifoe. ifland8,orany other the premiffes herein before mentione>l,and by thefe prcfents intended and meant to be granted, were at the time of the granting of the faid former le' s patents. « dated the third day of November, in the eightec. \ care of our faid deare fathers reigne aforefaid, aQually poflefled or in- habited by any other chriftian prince or ftate, or were witliui the bounds, limits, or territories of that foutherne eolonie then before granted by our faid late father to be planted by divers of his loveing fubjefts in the fouth parts of America, tl at then this prefent grant fliall not extend to any fiich pans or parcells thereof, fo formerly nhabited or lying within the -* > bounds of the fouihern plantation as aforefaid, but as to thofe parts or parcells fo poflefled or inhabited by fnch chrif- tian prince or ftate, or being within the bounds aforefaid, fliall be utterly voide, thefe prefents or any thing therein con-, tained to the contrary no»withftanding. To have and to hpld, ^J*''*"- poflefs and enjoy the faid parts of New-England in America, ^^'"' which lye, extend and are abutted as aforefaid and every part and parcell thereof, and all the iflands, rivers, ports, . havens, waters, fiftiings, fifties, mines, minerals, jurifdiftions, franchifes, royalties, liberties, prlviledges, commodities and premifll'S whatfoever, with the appurtenances, unto the laid Sir 54 FIRST CHARTER OF Sir Henry Rofewcll, Sir John Younge, Sir Richard Salton- ftall, Thomas Soiithcott, John Humfrey, John Endecolt, Symon Whetcombe, Ifaac Johnfon, Samuel Alderfey, John Ven, Matthew Craddock, George Harwood, IncreafeNowell, Richard Perry, Richard Bellingham, Nathaniell Wright, Samuel Vaffal, Theophllus Eaton, Thomas Goffe,Thoma? Adams, John Browne, Samuel Browne, Thomaa Hutchins, William Vaffall, William Pinchon and George Fojccroft, their heirs and alTigns forever, to the only proper and abfolute ufe and behoof of the faid Sir Henry Rofeweli, Sir John Young, Sir Richard Saltonltail, Thomas South- cott, John Humfrey, John Endecott, Symon Whetcombe, Ifaac Johnfon, Samuel Alderfey, John Ven, Matthew Craddock, George Harwood, Increafe No well, Richard Perry, Richard Bellingham, Nathaniel Wright, Samuel Vaffall, Theophilus Eaton,Thomas Goffe, Thoinas Adams, John Browne, Samuel Browne, Thomas Hutchins, William Vaffall, William Pinchon, and George Foxcrofte, their heirs and affigns forevermore. To be houlden of us, our heirs and fucceffours, as our mannor of Eall: Greenwich in the county of Kent within our realme of England, in free and common foccage, and not in capite, nor by knights fervice, and alfo yielding and paying therefore to us, our heirs and fucceffors the fifth part only of all oare of gould and filver which from time to time and at all times hereafter fhall be there gotten, had or obtained^ for all fervices, ex- aSions and demands whatfoever. Provided always and our * expreffe will and meaning is, tha' only one fifth part of the gould and filver oare above mentioned in the whole, and no more, be referved or payeable unto us, our heirs and fuccef- fours, by colour or vertue of thefe prefents, the double re- fervations or recitals aforefaid, or any thing therein contained jjecefl-jtyofnotwithftanding. And for as much as the good and prof- good Go- perous fucceffe of the plantation of the faid parts of New- vernment England aforefaid intended by the faiJ Sir Henry Rofeweli, to thefuc- Sir John Younge, Sir Richard Saltonltail, Thomas South- JntenVd ^ ^°"» J°^" Humfrey, John Endecott, Symon Whetcombe, Plantation. I^aac Johnfon, Samuel Alderfey, John Ven, Matthew Craddock, George Harwood, Increafe Nowell, Richard Perry, Richard Bellingham, Nathaniel Wright, Samuel Vaffall, Theophilus Eaton, Thomas Goffe, Thoma!> Adam^, , John Browne, Samuel Browne, Thomas Hutchins William Vaffall, William Pinchon, and George Foxciott, to be fpeedily fett upon, cannot but chiefely depend, next under vjtie t)le(l|ng of Almighty God and the (upport of our royall ^Vthority, Tenure. Rent ., + ;i-' THE MASSACHUSETTS BAY. SS authority, upon the good o:overnment of: the fame., j the end that the aiFairs and bufinefles which from time to time fliall happen and arif* concerning the faid lands and the plantation of the fame, may be the belter managed and ordered. We f."^°'P0''3- have further hereby of our efpeciall grace, cer^ai^ knowledge [^°" °^ ^J^^ and meere motion, given, granted and confirmed, and foro/The^faid us, our heirs and fucceflbiirs, do give, grant and confirmeLand. unto our faid truftie and well-beloved fubjefts. Sir Henry Rofeweli, Sir JohnYounge, Sir Richard Saltonftail,Thoma5 Southcott, John Humfrey, John Endecott, Symon Whet- comb* Ifaac Johnfon, Samuel Alderfey, John Ven, Matthew Craddock, George Harwood, Increafe Nowell, Richard Perry, Richard Bellingham, Nathaniell Wright, Samuel Vaflall, Theophilus Eaton,Thomas Go{Fe,Thomas Adams, John Browne, Samuel Browne, Thomas Hutchins, William Vaflall, William Pinchon and George Foxcroft, and for us, our heires and fucceflburs, wee will and ordaine. That the faid Sir Hehry Rofeweli, Sir John Younge, Sir Richard. SaltonftaH, Thomas Southcott, John Humfrey, John En- decott, Symon Whetcombe, Ifaac Johnfon, Samuel Alderfey, John Ven, Matthew Craddock, George Harwood, Increafe Nowell, Richard Perry, Richard Bellingham, Nathaniel Wright, Samuel Vaflal, Theophilus Eaton, Thomas GofFe, Thomas Adams, John Browne, Samuel Browne, Thomas Hutchins, William Vaflall, William Pinchon, and George Foxcroft, and all fuch others as fhall hereafter be admitted and made free of the companie and fociety hereafter mentioned, fhall from time to time and at all times forever hereafter b^i » by virtue of thefe prefents one body corporate politique in fa£tandname, by the name of the Governor and companie Name ot of the Maflachufetts Bay in New England : And i\em by the Coipo- the name of the Governor and Companie of the Mafl'.ichu-'^"""* fetts Bay in New England, one body politique and cerporaJe indeed, faft and name, wee doe for us our heirs and fuc- , • ceflbrs make,ordaine,conftituteand confirme by thefe preArnts, ■ and that by that name they Ihall have perpetua II luccefllon, Perpetual and that by the fame name they and their fuccelTors fhall and Succjfiion. may be capable and inabled, as well to impleade and to l)e capacity impleaded, and to profecute, demand and anfwer, and be aii-to plead fwered unto, in alland fmgular fuites, caufes, quarrels, and^"^ '^siiu- aftions, of what kind and nature f^evtr. And alfo to have,?,^'*!^*;. " take, poflefle, acquire and purchafe any lands, tenemen:s, to '^j^.^.],,^ or hereditaments, or any goods or chattells, the fame to Lands or leafe, grant, demife, alien, bargain, fell and difpofe of, asGoodsiand other our leige people of this our rcalme of England, or any[°jf' h"' *"^ other 56 FIRST CHARTER OF Common Seal I The Go- ^y Nomiiia- other corporation or body politique of the fame may lawfully doe. And further, that the faid Governor and Companie and their fucceflbrs may have forever one common feale to be ufed in all caufes and occafions oi the faid Companie, and the fame feale may alter, change, break and new make from vei-nment time to time at their pleafures. And our will and pleafure is, of the faidand we do'hercby for us, our heirs and fucceiTorSjOrdaine and Corporati- grant, that from henceforth forever there (hall be one Go- °^'p vernor, one deputy Governor, and eighteen Affiftants of the nor and f^me Companie, to be from time to time conftituted, eleded eighteen and chofen out of the freemen of the faid Companie for the Aflirtants, time beinge, in fuch manner and forme as hereafter in thefe prefents is exprefled. Which faid officers (hall apply them- TheiiPow-feives to take care for the bed difpofing and ordering of the prandDu-ggjjgrall bufinefs and affaires of for and concerning the faid lands and premifTes hereby mentioned to be granted, and the plantation thereof, and the government of the people there. And for the better execution of our royall pleafure and grant in this behalfe, we do by thefe prefents, for us our heirs and fuccefTors, nominate, ordaine, make and conditute our well beloved the fqid Matthew Craddock, to be the firft tionofthe and prefent Governor of the faid Companie, and the faid firft Go- Thomas GofFe to be deputy Governor of the faid Companie, anT°Affi-*"^ the faid Sir Richard Saltonftall, Ifaac Johnfton, Sa- fiants. "»ucl Alderfey, John Ven, John Humfrey, John Endecott, Symon Whetcombe, Increafe Nowell, Richard Perry, Na- thaniel Wright, Samuel Vaffall, Theophilus Eaton, Tho- mas Adams, Thomas Hutchins, John Browne, George . Foxcroft, William Vaffall, and William Pinchon to be the prefent A Ififtants of the faid Companie, to continue in the laid feveral ofHces refpeSively for fuch time and in fuch manner as in and by thefe prefents is hereafter declared and Power to appointed. And further we will, and by thefe prefents, for aflemb'.e "s, our heirs and fucceflbrs, do ordaine and grant that the the faid Governor of the faid Companie for the time being, or in Companie. his abfence, by occafion of ficknefs or otherwife, the deputy Governor for the time being (hall have authority from lime to time, upon all occafions, to give order for the afliembling of the faid Companie, and calling them together to con- fult and advife of the bufinefs and affaires of the faid Companie. And that the faid Governor, deputy Governor ._ ... and Affiftants of the faid Companie for the time beinc:, (hall Allemblies ^, • ^ , . . ^ ° , of thcGo-°'''"*y °"ce^v^'"y month, or oftner at their pleafures, af- ycrnor andfemble and hould and keep a court or aflcmbly of them- /Iffiftants. fclves for the better ordering and direftingof their affaires. And Monthly Cpurts, or. r THE MASSACHUSETTS BAY. 57 Sa- And that any feven or more perfons of the Afliftants, together with the Gc^ ernor or deputy Governor fo alTembled, (hall be faid, taken, held, and reputed to be, and fhall be a full and fufficient court or affembly of the faid Com panic, for the handling, ordering and difpatching of all fuch bufinefTes and occurrents, as (hall from time to time happen, touching or concerning the faid Companie or plantation. And that there poufgj„g_ (hall or may be held and kept by the Governor or deputy ral Courts Governor of the faid Companie, and fcven or more of the of the faid faid AlTiftants for the time being, upon every lad Wed-9°'"P?"y nefday in Hillary, Eafter, Trinity and Michaelmas Termes'"* "*^' rcfpeftively for ever, one great, genera!' and folemn affembly, which four general Affemblies (hall be (lyled and called, the foure greate and generall courts of the faid Company : In all or any of which faid greale and generall courts fo affem- bled. We do, for us, our heirs and fucceffours, give and grant to the faid Governour and Companie and theire fjjc- ceffours, that the Governour, or in his abfence the deputy Governour, of the faid Companie for the time being, and fuch of the A(riftants and freemen of the faid Companie as (hall be prefent, or the greater number of them fo affembled, whereof the Governour or deputy Governour and fix of the Afliftants, at the leaft to be feven, (hall have full power andpowcr to authority to choofe, nominate and appoint fuch and fo manyeleft Free- others as they (hall thinke fitt, and that (hall be willing tonienof the accept the fame, to be free of the faid Company and Body, ^*"' p*""' and them into the fame to admit : And toeleO: and conftitutea^d^^Qgig^ fuch officers as they (hall thinke (itt andrequifite for the or- officers of d<^ring) managing and difpatching of the a(Fairs of the faid the famej Governor and Companie and theire fucceffours : And to make laws and ordinances for the good and welfare of the faid andtomake Companie, and for government and ordering of the faid lands'^"'? and and plantation, and the people inhabiteing and to inhabite^^^'"?""^ the fame, as to them from tiine to time (hall be thought fame, meete. So as fuch laws and ordinances be not contrary or repugnant to the laws and ftatutes of this our realme of England. And our will and pleafure is, and we do hereby x^g q^. for us, our heirs and fucceffours eftabli(h and ordaine, That vemor and yearly once in the yeare forever hereafter, namely the laft deputy Go- Wednefday in Ea(Ver terme yearely, the Governour, deputy ^1^?°"^' ^"'* Governour and Affiftants of the faid Companie, and all other ^gj'j ^"*^* officers of the faid Companie (hall be in the generall court, chofen eve- or affemblie, to be held for that day or time, newly chofen for ry year at the yeare infueing by fuch greater part of the faid Companie E^ftcr, jfpr the time being, then and there prefent, as is aforefaid. . And 58 Manner of fupplying vacancies in the offi- ces of the faid Com- pany, oc- caHoned by deaths or removals. Power giv- en to the company to remove their offi- cers for miibeha- viour. The offi- cers of the Company fliall take an oath of office. FIRST CHARTER OF And if it ihall happen the prefent Governour, deputy Go- vernour and AfTiflaiits by thefe prefents appointed, or fuch as fhall hereafter be newly chofen into their rooms, or any of them, or any other of the officers to be appointed for the faid Companie, to dye, or to be removed from his or their feverall offices or places before the faid generall day of election (whom we do hereby declare for any mifdemeanor or defeft to be re- moveable by the Governor, deputy Governor, Affiftants and Companie, or fuch greater part of them in any of the public courts to be aflembled as is aforefaid) that then and in every fuch cafe it (hall and may be lawful! to and for the Governour, deputy Governour, Affiflants, and Companie aforefaid, or fuch greater part of them fo to be aflembled as is aforefaid, in any of their aflemblies to proceed to a new ele6lion of one or more others of their Companie in the room or place, rooms or places, of fuch officer or officers fo dyeing or removed, ac- cording to their difcretions. And immediately upon and after fuch eleftion and elections made of fuch Governour, deputy Governour,AfliftantorAfliftantsoranyotherofficerofthefaici Companie in manner and forme aforefaid, the authority, office, and power before given to theformerGovernour,deputy Gover- nour, or other'officer and officers fo removed,in whofe Head and place new (hall be fo chofen, ihall as to him and them and every of them ceafe and determine. Provided alfo, and our will and pleafure is that as well fuch as are by thefe prelents appointed to be the prefentGovernour, deputy Governour and Affiftants of the faid Companie, as thofe that ihall fucceed them, and all other officers to be appointed and chofen as aforefaid, fhall before they undertake the execution of their faid offices and places refpeflively, take their corporall oathes for their due and faithful performance of their duties in their feveral of- fices and places, before fuch perfon or perfons as are by thefe prefents hereunder appointed to take and receive the fame, that is to fay, the faid Matthew Craddock, who is hereby nominated and appointed the prefent Governour of the faid Companie, ihall take the faid oathes before one or more of the Mailers of our court of chancery for the time being, un- to which Mailer or Mailers of the Chancery we do by thefe prefents give full power and authority to take and admi- niiler the faid oath to the faid Governour accordingly. And after the faid Governour fhall be fo fworne, then the faid Deputy Governour and AiTiftants before by thete prelents nominated and appointed, Ihall take the laid feveral oathes, to their offices and placts refpe6lively belonging, before the laid Matthew Craddock the prelent Governour lb fworne $is aforefaid. And every i'uch perfon as ihall at the time of the h :'i THE MASSACHUSETTS BAY. 59 . rooms the annuall eleftion, or otherwife, upon death or reinovall, be appointed to be the new Governour of the faid Companie, Ihall take theoathes to that place belonging before thePeputy Governour or two of the Afllftants of the faid Companie at the lead for the time being. And the new eleded Depiity- Govcrnour and Afliftants, and all other officers to be here- after chofen as aforefaid from time to time, Hiall take the oathes to their places refpeftively belonging, before the Go- vernour of the faid Companie for the time being. Unf-- which faid Governour, deputy Governour, and Ainftants, we do by thefe prefents give full power and authority to give and adminifter the faid oathes refpeflively, according to the true meaning herein before declared, without any commiifion or further warrant to be had and obtained of us, our heirs and fuccefTors in that behalfe. And we do further P<»wer to of our efpecial grace, certain knowledge, and meere motion, j^'j^^^f*^ for us, our heires, and fucceflburs, give and grant to the faid England Governour and Companie and their fucceflburs for ever byfuch per- thefe prefents, that it (hall be lawfull and free for them and ^°P®. *s are their affignes at all and every time and times hereafter, out^ '^^.*° of any of our realmes and dominions whatfoever, to take, °ogether * leade, carry, and tranfport for, in, and into their voyages, with cattle, and for and towards the faid plantation in New-England, all ^nd other iuch and fo many of our loving fubjeSs or any other ftrangers ^^"}S* "c- that will become our loving fubjefts and live under our thefrTub-' allegiance, as fliall willingly accompany them in the famefiftence. voyages and plantation, and alfo fhipping, armour, weapons, ordinance, ammunition, powder, fliott, corne, victuals, and all manner of clothing, implements, furniture, beafts, cattle, horfes, mares, merchandizes, and all other things neceflary lur.f jui" for the faid plantation, and for their ufe and defence, and for trade with the people there, and in pafling and returning to and fro, any law or ftatute to the contrary hereof in any wife notwithftanding, and without paying or yielding any EJcemption cuftome or fubfidie, either inward or outward, to us, our from the heires or fucceflburs, for the fame, by the fpace of feven P^y"*^"* °^ yeares from the day of the date of thefe prefents. Provided fubf°dTs °„ that none of the faid perfons be fuch as fliall be hereafter by England fpeciall name reflrained by us, our heires or fucceflburs. for feven And for their further incouragement, of our efpecial grace X""* A" and favour, we do by thefe prefents for us, our heirs, and^^''^^° _ fucceflburs, yield and grant to the faid Governor and Com-ftanceof panic and theire fucc flours and every of them, their fadorsdifpenfing and aflignes, that they and every of them fliall 'be free andP°wer. quittfrom all taxes, fubfidies and cuftomes in New-England ^^^'"P**"" for the like fpace of feven years, and from all taxes and im-anj cuft- pofltionsomsinNevr 6o FtRST CHARTER OP )Bngland podtions for the fpace of twenty and one years upon alt for feven years ; ai from all '*" goods and merchandifes at any time or times hereafter, either years j an ^^^ importation thither, or e,\portation from thence, into our parts Provifoe. dutiesuponrealmof£ngland,or into any otherofourdominionSjby the fatd importa- Govemour andCompanie and their fucceflburs, their deputies, tionoiex-fjQQpg ^^d aflignes, or any of them, except only the five Sods"ex- P°""^^ per centum due for cuftome upon all fuch goods and cept 5* per. merchandifes, as after the faid feven yeares (hall be expired cent, upon (hall be brought or imported into our realme of England, or goods im-any other of our dominions, according totheanc'ent trade ^rtedinto^f merchants: which five pounds per centum oneiy being or"oufe'rdo-Pa'd» ** ^^^^ ^^ thenceforth lawfull and free for the faic' ad--^ minions of venturers the fame goods and merchandizes to export /nd .the crown, carry out of our faid dominions into forreine parts, without for a fur- ^^^^y, cuftome, taxe or other duty to be paid to us, our heirs of Twenty- ^"^ fucceffours, or to any other officers or mlnifters of us, 6ne years, our heires and fucceflburs. Provided that the faid goods and Liberty of merchandizes be (hipped out within thirteen months after re-export- *j^elr ftrft landing within any part of the faid dominions. awdslmo ^"^ we do for us, our heires and fucceffours, give and foreign grant unto the faid Governour [j^ though expreffe mention of the true yearly value, or certain- 01 imper- ty, of the premifTes, or any of ihem, or of any other gifts or teaions in grants, by us or any other of our progenitors or prcdcccflbrs^''^'" or to the fortfaid Governour and Companie before this time^"J °'™f made, m thefe prefents is not made, or any itatute, act,othtraft ordinance, provifion, proclamation or itrtraint to the con^of autboti- trary thereof heretofore h?.d, made, publihcd, ordained or 'y to t'le provided, or any othtr matter, cauft, w iliiug whafaever*=°"^'*3'"y* K to "I" '»"!|f" I I 66 -l to the cdntraiie thereof in any wife notwithftandlng. In witnefs whereof we have caufed thefe our letters to be made patent. Witnefs ourfelves at Weftminfter, the fourth day of March, in the fourth yeare of our reigne. / This is a true copy of fueh letters patents under the great feal of England. In teftimony whereof I John Winthrop go- vernour of the Maflachufetts aforefaid have caufed the pubiick feal of the fame to be hereunto affixed this igth day of the month called March 1643. 1644. Loc. ^ Sigtlli. ^ John Winthrop, Gov. (■*r :/.:V/? VIRGINIA m: at t 57] VIRGINIA Charters. NUMBER L King JAMES I/s Letters Patent to Sir Thomas Gates, Sir George Somers and others, for two feveral Colonies and Plantati- ons, to be made in Virginia, and other Parts and Territories of America. Dated April 10, 1606. I. TAMES, by the grace of Cod, King of England, Scot- J land, France, and Ireland, Defender of the Faith, 5cc. Whereas our loving and well difpofed fubje£ts, Sir Thomas Gates, and Sir George Somers, Knights, Richard Hackluit, Clerk, Prebendary of Weftminfter, and Edward-Maria Wingfield, Thomas Hanham, and Ralegh Gilbert, F.fqrs. WiUiam Parker and George Popham,Gentiemen, and divers others of our loving fubje£fcs, have been humble fuitors unto us, that we would vouchfafe unto them our licence, to make habitation, plantation^ and to deduce a colony of fundry of our people into that part of America, commonly called Vir- ginia, and other parts and territories in America, either ap- pertaining unto us, or which are not now actually poflefTcd by any chriftian prince or people, fituate, lying, and being all along the fea coads, between four-and-tbirty degrees of northerly latitude from the equinodiial line, and five-and- forty degrees of the fame latitude, and in the main land be- tween the fame four-and-thirty and five-and-forty degrees, and the iflands thereunto adjacent, or within one hundred miles of the coaft thereof. II. And to that end, and for the more fpeedy accomplifh- ment of their faid intended plantation and habitation there, are defirous to divide themfelvesinto two feveral coloniesand companies: theoneconfifting of certain knights, gentlemen, merchants, and other adventurers, of our city of London and elfewhere, which are, and from time to time (hall be, joined unto them, which dodefire to begin their plantation and ha- bitation in fome fit and convenient place, between four-and- thirty and one-and- forty degrees of the faid latitude, along the coads of Virginia and coafts oi America aforeiaid ; and, the other confifting of fundry knights, gentlemen, merchants, E :2 and -'.mf-t ' *. ess VIRGINIA CHARTERS. Grant to the Loii' don coni> |>any of liberty tc and other adventurers, of our cities of Briftol and Exeter, and of our town of Plymouth, and of other places, which do join them<''ves unto that Colony, which do defire to begin their planit. * r. and habitation in fome fit and convenient place, between eight-and-thirty degrees and five-and-forty degrees of the faid latitude, all along the faid coaft of Vir- ginia and America, as that coaft lieth. III. We, greatly commending, and gracioufly accepting of, their defires for the furtherance of fo noble a work, which may, by the providence of Almighty God, hereafter tend to the glory of hts divine Majefty, in propagating of chriftiar. religion to fuch people, as yet live in darknefs and miferable ignorance of the true knowledge and worfhip of God, and may in time bring the infidels arid favages, living in thofe parts, to human civility, and to a fettled and quiet govern- ment : Do, by thefe our letters patents, gracioufly accept of, and agree to, their humble and well intended defires. IV. And do therefore, for us, our heirs and fuccefTors, grant and agree, that the faid Sir Thomas Gates, Sir George Somers, Richard Hackluit, and Edward-Maria Wingficld, fettl ■ adventurers of and for our city of London, and all fuch wherein Others, as arc, or * V!'* 1. JAMF.S, by the Grace of God, King of England, Scot- land, France and Ireland, Defender of the Faith, &c. To all, to whom thefe prefents fhall come, greeting. Where- as, at the humble fuitand rcqueftof fundry of our loving and well-difpofed fubjefts, intending to deduce a colony, and to make habitation and plantation of fundry of our people, in that part of America, commonly call'd Virginia, and other parts and territories in America, either appertaining unto Us, or which are not aftually poffefled of any Chriftian Prince or people, within certain bounds and regions, We have former- ly, by our letters patents, bearing date the tenth day of April, in the fourth year of our reign of England, France, and Ire- land, and of Scotland the nine-and-thirtieth, granted to Sir Thomas Gates, Sir George Somers, and others, for the more fpeedy accomplifhment of the faid plantation and habitation, that they fhould divide themfelves into two colonies (the one confiftingof divers Knights, gentlemen, merchants, and others, of our city of London, called the firft colony; and the other confifting of divers Knights, gentlemen, and others, of our cities of Briftol, Exeter, and town of Plymouth, and other places, called the fecond colony ; and have yielded and granted many and fundry privileges and liberties to each co- lony, for their quiet fettUng and good government therein, as by the faid letters patents more at large appearcth- II. Now, forafmuch as divers and fundry of our Icing fubjefts, as well adventurers, as planters, of the faid firft co- lony, which have already engaged themfelves in furthering the bufinefs of the faid colony and plantation, and do further intend, by the afliftance of Almighty God, to profecute the fame to a happy end, have of late been humble fuitors unto Us, that (in refpeft to their great charges and the adventure of VIRGINIA CHARTERS. 77 of nHiny cf their lives, which they have hazarded in the fald uifcovery and plantation of the faid country) We would be pleafeti to grant chem a further enlargement and ex- planation of the faid grant, privileges, and liberties, and that fuch Counfellers, and other officers, may be appointed amongft them, to manage and dired: their affairs, as are willing and ready to adventure with them, as alfo whofc dwellings are not fo far remote from the city of London, but that they may, at convenient times^ be ready at hand, to give their advice and afliftance, upon all occunons requiiite. III. We, greatly afFeding the efFedual profecution and jncorpora- happy fucccfs of the faid plantation, and commending their tion^ the gooddefires therein, for their further c ncouragement in ac- London or comi^lifhing fo excellent a work, much pleafing to God, and J' * Colony profitable to our kingdom, do, of our ^fpecial grace, and cer-^^!jrj"*™® tain knowledge, and mere motion, for Us, our heirs, and Treafurtr fuccefTors, give, grant, and confirm, to our truily and well- and Cm- beloved fubjefts, Robert, Earl of Salifbury, Thomas, ^zrXPany of ad. of Suffolk, Henry, Earl of Southampton, William, Earl][^y«J^^ of Pembroke, Henry, Earl of Lincoln, Earl of Dorfet,J^jJ^^ Thomas, Earl of Exeter, Philip, Earl of Montgomery, c»Vy o/Z.9/1- Robert, Lord Vifcount Lifle, Theophilus, Lord Howard oldon^for Walden, James Montague, Lord Bifhop of Bath and Wells, J**/^. Edward, Lord Zouche, Thomas, Lord Lawarr, William, ^^J''^-^^ Lord Mounteagle, Ralph, Lord Ewre, Edmond, Lord Shef- field, Grey, Lord Chandois, Lord Campton, John, Lord Pe- tre, John, Lord Stanhope, George, Lord Carew, Sir Hum- phrey Weld, Lord Mayor of London, George Percie, Efq. Sir Edward Cecil, Knt. Sir George Wharton, Knt. Francis Weft, Efq. Sir William Wade, Knt. Sir Henry Nevil, Knt. Sir Thomas Smith, Knt. Sir Oliver Cromwell, Knt. Sir Pe- ter Manwood, Knt. Sir Drue Drury, Knt. Sir John Scot, Knt. Sir Thomas Challoner, Knt. Sir Robert Drury, Knt. •. Sir Anthony Cope, Knt. Sir Oratio Vere, Knt. Sir Edward Conway, Knt. Sir William Brown, Knt. Sir Maurice Berke- ley, Knt. Sir Robert Manfel, Knt. Sir Amias Prefton, Knt. Sir Thomas Gates, Knt. Sir Anthony Afhly, Knt. Sir Mi- chael Sandys, Knt. Sir Henry Carey, Knt. Sir Stephen Soame, Knt. Sir Califthenes Brooke, Knt. Sir Edward Mi- chaelborn, Knt. Sir John RatclifFe, Knt. Sir Charles Wil- mor, Knt. Sir George Moor, Knt. Sir Hugh Wirral, Knt. Sir Thomas Dennis, Knt. Sir John Holies, Knt. Sir Willi- am Goclolphin, Knt. Sir i horn as Monlbn, Knt. Sir Thomas Ridgwine, Knt. Sir John Brooke, Knt. SirRobert Killigrew, Knt. Sir Henry Peyton, Knt. Sir Richard Williamfon, Knt. •)i,:;ii\ ' / 78 VrRGIN!A CHARTERS.^ Sir Fe'dinardo Weynn .an, Knt. Sir William St. John, Knt. Sir Thomas Holcroft, Knt. Sir John Mallory, Knt. Sir Ro- ger Afhton, Knt, Sir Walter Cope, Knt. Sir Richard Wig- more, Knt. Sir William Coke, Knt. Sir Herbert Crofte, Knt. Sir Henry Fanfhaw, Knt. Sir John Smith, Knt. Sir FVancis "Wolley, Knt. Sir Edward Waterhoufe, Knt. Sir Henry Seekford, Knt. Sir Edwin Sandys, Knt. Sir Thomas Way- nam, Knt. Sir John Trevor, Knt. Sir Warwick Heele, Knt. Sir Robert Wroth, Knt. Sir John Townfetid, Knt. Sir Chriftopher Perkins, Knt. Sir Daniel Dun, Knt. Sir Henry , , , Hobart, Knt. Sir Francis Bacon, Knt. Sir Henry Montague, Knt. Sir George Coppin, Knt. Sir Srimud Sandys, Knt. Sir Thomas Roe, Knt. Sir George Somers, Knt. Sir Tho- mas Freake, Knt. Sir Thomas Harwell, Knt. Sir Charles Kelke, Knt. Sir Bciptift Hicks, Knt. Sir John Watts, Knt. Sir Robert Carey, Knt. Sir William Romney, Knt. Sir Tho- mas Middleton, Knt. Sir Katton Cheeke, Knt. Sir John Ogle, Knt. Sir Cavallero Meycot, Knt. Sir Stephen Ridd'e-- fon, Knt., Sir Thomas Bludder, Knt. Sir Anthony Aucher, Knt. Sir Robert Johnfon, Knt. Sir Thomas Panton, Knt. Sir Charles Morgan, Knt. Sir Stephen Pole, Knt. Sir John * Burlacie, Knt. Sir Chriftopher Cleave, Knt. Sir George Hay- ward, Knt. Sir Thomas Davis, Knt. Sir Thomas Sutton, Knt. Sir Anthony Foreft, Knt. Sir Robert Payne, Knt. Sir John Digby, Knt. Sir Dudley Digges, Knt. Sir Rowland Cotton, Km. Dr. Matthew Sutcliffe, Dr. Meadows, Dr. T urner,Dr. Poe, Capt. Pagnam, Captain, JtfFerey Holrrcfte, Captain Romney, Captain Henry Spry, Captain Shehon, Cartain Sparks, Captain Thomas Wyat, Captain Briniley, Captain William Courtn'^y, Captain Herbert, Capiam Clarke, Captain Duehurft, Cnptain John Biundell,' Captain Fryer, Captain Lewis Orwell, Captain Edward Lloyd, Cap- tain Slingefby, Captain HawWy, Captain Orme, Captain Woodhoul'e, Captain Mafon, Captain Ihumas Hoicroft, Captain John Coke, Captain Holies, Captain William Proude, Captain Henry VVuodhonfe, Ccprain Richard Lindefey, Captain Dexter, Captain William Wint«;ir, Captain Pearce, Captain John Bingham, Captain Bar- ray., Captain Thomas Conway, Cap ain Rockwood, Cap- tain William Lovelace, Captain John Afliley, Captain Tho- mas Wynne,Captain Thomas Mcwtis, Captain iidward Har- wood, Captain Michael Everard, Captain Coraock, Cap- tain Mills, Captain Pigot, Captain Edward Maria Wing- field, Captain Chriilopher Newport, Captain John Sickle- morcj alias RatdifFe, Captain John Smith, Captuin John Pikitins VIRGINIA CHARTERS. Martin, Capt. Peter Wynne, Capt. Waldo, Capt, Thomas Wood, Capt. Thomas Button, George Bools, Efq. Sheriff of London,WiHiamCra(haw,Chrk,Batchelor of Divinity,Wil-. lirm Seabright, Elq. Chriftopher Brooke, Efq. John Bingley, E»q. Thomas Watfon, Efq. RichardPercival,Efq. JohnMoore, Efq. Hugh Brooker, Efq. David Woodhoufe, Efq. An- thony Aucher, Efq. Robert Boyer, Efq. Ralph Ewens, Efq. Zachary Jones, Efq. George Calvert, Efq. Willi- am Dobfon, Efq. Henry Reynolds, Efq. Thomas Wal- ker, Efq. Anthony Barnars, Efq. Thomas Sandys, Efq. Henry Sandys, Efq. Richard Sandys, Efq. fon of Sir Ed- win Sandys, William Oxenbridge, Efq. John Moore, Efq. Thomas Wilfcn, Efq. John Bullock, Efq. John Waller, Efq. Thomas Webb, Jehu Robinfon, William Brewfler, Robert Evelyn, Henry Danby, Richard Hackluit, Mini- fter, John Eldrid, merchant, William Ivvffel, merchant, John Merrick, merchant, Richard Banifter, merchant, Charles Anthony, goldfmith, John Banks, William Evans, Richard Humble, Richard Chamberlayne, merchant, Tho- mas Barber, merchant, Richard Pomet, merchant, John Fletcher, merchgnt, Thomas Nicholls, merchant, John Stoke, merchant, Gabriel Archer, Francis Covel, Willi- am Bonbam, Edv/ard Harrifon, John Wolflenholme, Ni- cholas Salter, Hugh Evans, William Barnes, Otho Maw- det, Richard Staper, merchant, John Elkin, merchant, William Coyfe, Thomas Perkin, cooper^ Humphrey James, cooper, Henry Jackfon, Robert Singleton, Chri- llopher Nicholls, John Harper^ Abraham Chamberlayne, Thomas Shipton, Thomas Carpenter, Anthony Crew, George Holman, Robert Hill, Cleophas Smith, Ralph Harrifon, John Farmer, James Brearley, V/illiam Crofby, Richard Cox, John Gearing, Richard Strongarm, iron- mongers, Thomas Laiigton, GrifBth Hinton, Richard Iron- fide, Richard Dean, Richard Turner, William Lawfon, mercer, James Chatfieid, Edward Allen Teddar, Robert Hildebrand Sprinfon, Arthur Moufe, John Gardiner, James RufTel, Richard Cafwell, Richard Evans, John Hawkins, Richard Kerril, Richard Brooke, MatJhew Scre- vener, gentleman, William Stallenge, gentleman, Arthur I Venn, gentleman, Sandys Webbe, gentleman, Michael Phettiplacc, gentleman, William Phettiplace, gentleman, Ambrofe Prufey, gentleman, John Taverner, gentleman, George Pretty, gentleman, Peter Latham, gentleman, Tho- mas Montforc!, gentleman, William Cantrel, gcn'ieman, Richard Wiffin, gentleman, Ralph Moreton, genlkman, •••' , John 79 So VIRGINIA CHARTERS. John Cornelius, Martin Freeman, Ralph Freeman, Andrew Moore, Thomas White, Edward Perkin, Robert Offley, Thomas Whitley, George Pit, Robei. Parkhurft, Thomas Morris, Peter Harloe, Jeffry Duppa, John Gilbert, William Hancock, Matthew Brown, Francis Tyrrel, Randolph Car- ter, Othowell Smith, Thomas Hamond, Martin Bond, haberdalher, John Moulfoe, Robert Johnfon, William Young, John Woodal, William Felgate, Humfrey Weft- wood, Richard Champion, Henry Robinfon, Francis Mapes, William Sambach, Ralegh Crafhaw, Daniel Tucker, Thomas Gravi, Hugh Willefton, Thomas Culpepper, of Wigfel, Efq. John Culpepper, gentleman, Henry Lee, Jofias Kerton, gentleman, John Pory, gentleman, Henry Collins, George Burton, William Atkinfon, Thomas Foreft, John Ruffel, John Ruffel, John Holt, Harman Harrifon, Gabriel Beedel, John Beedel, Henry Dawkes, George Scot, Edward Fleetwood, gentleman, Richard Rogers, gentleman, Arthur Robinfon, Robert Robinfon, John Huntley, John Gray, William Payne, William Field, William Wattey, William Wcbfter, John Dingley, Thomas Draper, Richard Glanvil, Arnold Hulls, Henry Roe, William More, Nicholas Gryce, James Monger, Nicholas Andrews, Jeremy Haydon, ironmonger, Philip Durttte, John Quarles, John Weft, Matthew Springham, John Johnfon, Chriftopher Hore, Thomas Snead, George Berkeley, Arthur Pet, Thomas Careles, William Berkley, 1 homas Johnfon, Alexander Bents, Captain William King, George Sandys, gentleman, James White, gentleman, Edmund Wynne, Charles Towlar, Richard Reynold, Edward Webb, Richard Maplefden, Thomas Lever, David Bourne, Thomas Wood, Ralph Hamer, Edward Barnes, mercer, John Wright, mercer, Robert Middleton, Edward Littlefield, Katherine Weft, Thomas Webb, Ralph King, Robert Coppin, James Afkew, Chriftopher Holt, William Bardwell, Alexander Chilf^, I.,ewis Tate, Edward Ditch- field, James Swiftc, P.ichard Wi.Jdowes, goldfmith, Edmond Brudenell, Edward Burwell, John Hansford, Fidward Wcoller, William Palmer, haberdafher, John Badger, John Hodgfon, Peter Mounfcl, John Carril, John Bulhridgc, William Dun, Thomas johnfon, Nicholas Bcnfon, Thomas Shipton, Nathaniel Wade, Randal Wetuood, Matthew Dequefter, Charles Hawkins, Hugh Hammcrflcy, Abraham Cartwright, George Bennet, Williatn Cater, Richard God- dart, Henry Cromwell, Phineas Pet, Robert Cooper, John Cooper, Henry Newce, Edward Wilkes, Robert Baicman, Nicholif. iridgc-, VIRGtNiA CHAkTERg. rari^ar, John Newhoufe, John Cafon, Thomas Harrii; . gentleman, George Etheridge, gentleman, Thomas Mayie^ gentleman, Richard StafFordj Thomas* , Richard Cooper, John Weftrow, Edward Welch ^ Thomas Britain, . Thomas Knowlei, 0£tavian ThornCj Edmond Smith, Johii March, Edward Carew, Thomas Pleydall, Richard het^ Miles Palmer, Henry Price, John Jofhua, gentleman. Will. Clauday, Jeremy Pearfye, John Bree, gentleman, William Hampfon, Chriftopher Pickford. Thomas Hunt, Thomas Truftonj Chriftopher Salmon, John Howard, clerk, Richard Partridge, Allen Caflen, Felix Wilfon, Thomas Bathurft, George Wilmcr, Andrew Wilmer, Maurice Lewellinj» Thomas Godwin, Peter Burgoyne, Thomas Burgoyne, Robert Burgoyne, Robert Smith, merchant-taylor. Edward Cage, grocer, Thomas Gannon^ gentleman, Williarai Welby, ftationer, Clement Wilmer, gentleman, John Clap- ham, gentleman, Giles Francis, gentleman, George Walker, fadler, John Swinhow, ftationer, Edward Biftiop, ftationer, Leonard White, gentlemart, Chriftopher Baron, Peter Benfon, Richard Smith. George Pro^or, minifter, Millicent Ramfdentj widow, Jofeph Soane, Thomas Hinftiaw, John Baker, Robert Thornton, John Davis, Edward Fj^cet, Gforge Newce, gentleman, John Robinfon, Capt. Thomas Wood, William Brown, ftioemaker, Robert Barker, ftioe-^ maker, Robert Pchnington^ Francis Burley, minifter. Will; Quick, grocer, Edward Lewis, grocer, Laurence Campe, draper, Aden Perkins, grocer, Richard Shepherd, preacher, William Sherley, haberdaftier, William Taylor, haberdaftier, Edwin Lukin, gentleman, John Franklyn, haberdaftier, John Southwick, Peter T'eate, George Johan, ironmonger, George Ycardley, gentleman, Henry Shelly, John Prat, Thomas Church, draper, William Powel, gentleman. Rich. t^aith, gentleman, Thomas Wheeler, draper, Francis Haflerig, gentleman, Hugh Shipley, gentleman, John An- drews the elder, do6tor of Cambridge, Francis Whiftler^ gentleman, J' .in Vaflal, gentleman, Richard Howie, Edward Berkley, gentleman, Richard Kenerdgiburg, gentleman, Nicholas Exton, draper, William Bennet, fiftimonger, Jamc» l^aywood, merchant, Nicholas Ifaac, merchant, William Gibb5, merchant, Biftiop, Bernard Mitchel, liaac Mitchel, John Streate, Edward Gall, John Martin, gentle- man, Thomas Fox, Luke Lodge, John Woodliffe, gentle- man, Richard Webb, Vincent Low, Samuel Burnham, Edmund Pears, habe'-daftier, John Googe, John St. John, Edv.ard Vaughan, William Dunn, Thomas ^Icocke, John W Andrews »< yiRGINJA CHARTERS^ Andrews, the ydnger, of Cambridge, Samuel Smith, Tlioimi Gerra.d, Thomas Whittingham, William Canning, Pau^ Canning, George Chandler, Henry Vincent, Thomas Ket- ley, James SkeUon, James Mountaine, George Webb, gen- tleman, Jofeph Newbridge, fmith, Joftah Mand, Captain Ralph Hamer the younger, Edward Brewfter, the fon of William Brewfter, Leonard Garwood, mereer, Philip Druerdent, William Carpenter, Triftian Hill, Robert Cock, grocer, Laurence Greeie, grocer, Samuel Winch, grocer, Humphrey Stile, grocer, Avern Dransfield, grocer, Edward ,Hodges, grocer, Edward Beale,, grocer, Thomas Culler,, grocer, Ralph Buftiby, grocer, John Whittingiiam, grocer, John Hide, groCer, Matthew Shepherd, grocer, Thomas Allen, grocer, Richard Hooker, grocer, Laurence Munks,. tgrocei^, John Tanner, grocer, Peter Gate,., grocer, John -Blunt, grocer, Robert Phips> grocer, Robert Bernsford„ ,grocerjj Thomas Wells, grocer, John Ellis, grocer, Henry Colthruft, grocer, John Cavady, grocer, Thomas Jennings, g-ocer, Edmond Pafliall, grocer, Timothy Bathurft, grocer, ; A; C t\ VIliGINIA CHARTERS^ the company of Carpenters, the company of Cordwiyneri, the company of Barber-chirurgeons, the company of Paint- ftainers, the company of Curriers, the company of Mafona, the company of Plumbers, the company of Innholders, the company of Founders, the company of Poulterers, the com- pany of Cooks, the company of Coopers, the eompan*^ of Tylers and Bricklayers, the company of Boyers, the com-, pany of Fletchers, the company of BlackfmUhs, the company of Joiners, the company of Weavers, the company of Wool- men, the company of Woodmongers, the company of Scri«- veners, the company of Fruiterers, the company of Plaifterers^^ the company of Brownbakers, the cotnpany of Stationers, tht company of Embroiderers, the company of Upholflerers, the company of Muficians, the company of Turners, the com- pany of Gardiners, the company of Bafketmakers, the com- pany of Glaciers, John Levet, nnerchant, Thomris Nor- nicot, clothworker, Richard Venn, haberdaftier, Thomas Scot, gentleman, Thomas Juxon, merchant-taylor, George Hankinfon, Thomas Seyer, gentleman, Matthew Cooper, CJeorge Butler, gentleman, Thomas Lawfon, gentleman, Edward Smith, haberdalher, Stephen Sparrow, John Jones, merchant, Reynolds, brewer, Thomas Plummer, merchant, James Duppa, brewer, Rowland Coitmore, William Southerne, George Witmore, haberdaftier, Antho- ny Gofnold, the younger, John Allen, fifhmonger, Simon Yeomans, fiftimonger, Lancelot Davis, gentleman, John Hopkins, Alderman of BriOol, John Kettlcby, gentleman, Richard Clcnc, goldfmith, George Hooker, gentlenr>an, Robert Cheninc, yeoman; and to fuch, and fo mary, as they do, or (hall hereafter, admit to be joined with them, in form hereafter in theie prefents, exprclfed, whether they go in iheir perfons, to be pianters there in the faid plantation, or * Set'- - -tey go not, but adventure their monies, goods, , that they litail be one body or commonalty , md feill have perpetual lucceflion, and one com- ^ ierwe for the laid body or commonalty : and that Name of n and all that fpace and circuit ofiand, lying from the fea coaft of the precin£t aforefaid, up into the land, throughout from fea to fea, weft and northweftj and alfo all the iflands, lying within one hundred miles, along the coaft of both ieas of the precinQ: aforefaid 5 together with all the foils, grounds, havens, and ports, mines, as well royal mines of gold and filver, as other minerals, pearls, and precious ftones, quarries, woods, rivers, waters, fiftiings, commodities, jurifdiftions, royalties, pri- vileges, franchifes, and prcheminences, within the faid ter- ritories, and the precinds thereof, whatfoever, and thereto and thereabouts, both by fea and land, being, or in any fort belonging or appertaining, and which wc, by our letters patents, may or can grant, in as ample manner and fort, as we, or any our noble progenitors, liave heretofore granted to any company, body politic or corporate, or to r.iny adventurer, or adventurers, undertaker, or undertakers, of any difco- veries, plantations, or traffic, of, in or into any foreign parts whatfoevt 1 , iind in as large and ample manner, as if the lame Habendum, were herein particularly mentioned and exprefled: To have and to hold, pofiefs and enjoy, all and fingular the faid lands, countries, and territories, with all and Angular other the pre- milcs, heretofore by thefe prefents grunted, or mentioned to be granted, to them, the faid trealurer and company, their fucceflbrs and afligns for ever; to the fole and proper ufe of them, the faid treafuixi and company, their fucceflbrs and Tenendum, affigns for t^iem : To be holden of us, our heirs, and fuccef- fors, as of oui manor of Eaft-Greenwich, in free and com- Rc.idcndum.mon foccage, and not in capite; Yielding and paying, therefore, to us, our heirs, and fucceflbrs, the fifth part only •VIRGINIA CHARTERS. «5 ronlyof ill ore of ^oldor filver, that from time to time, and M all times hereatter, (hall be there gotten, had, or obtained, for all manner pf fervices. VII. And neveithelels, our will and pleafure is, and wcj'?!^*'"'" do, by thefe prefents, charge, command, warrant, and au~fur„ and thorife, that the faid treafurer and company, or their fuccef- company to fors, or the major part:of them, which (hall be prefent and'^^^^^ *"*• aflembled for that purpofe fhall, from time to time, under ^hif^com-**^ their common fe^l, diftribute, convey, aff:gn, and fet over, mon feal, fuch particular portions of lands^ tenements, and heredita-P*'"".'^"'*''^. ^ents, by thefe prefentSj formerly granted, unto fuch our {h[ 'i^aV Joving fubjefts, naturally born, or denizens, or others, as hereby well adventurers as planlei s, as by the faid company ( upon a f^g'^c'** *1* commiffion of iiirvey and diftribution, executed and returned pany of par- for that purpofe ) (hall be nominated, appointed, and allowed ; ''cu'ar wherein our will and pleafure is, that refpeft be had, as Well ^j^J'g'^j"^" of the proportion of the adventurer, as to the ipecial fervice, rm. hazard, exploit, or merit of ^ny pqrfon^ fo to be recompen- sed, advanced, or rewarded. VIII. And for as mych, as the gqod and profperous fiiccefs j. (^j^jyjj^ f)f the faid plantation cannot but chiefly depend, next under mem p^ » the blej(ffng of -God, and the fupport ot our royal authority, "undl to upon the provident "and good direQion of the whole enter- "onjo^^pj prize, by a careful and underftanding council, and that it is to manage hot convenient, that all the adventurers (hall be fo often *'^^*''^'*"'* drawn to meet and aJTemblc, as fhall be requifite for them to p^ny ' "™' liave meetings and conference about the affairs thereof; therefore we do ordain, eftublifh, ^nd confirm, that there ihall be perpetually one council here rcfident, according to the tenour of our former letterii patents ; which council lliall have a leal, for the better government and adminiflra- tion of the (2.-A plantation, beiidcs the legal feal of the com- pany or corporaiion, as in our former letters patents is alfo expreffed. IX. And farther, wc eflablifh and ordain, that Henry, This coun- Earlof Southampton, William, Earl of Pcaibioke, Henry, <='' ^^^^ •Earl of Lincoln, Thomas, Earl of Exeter, Robert, LordJji^^Jf^^^J; Vifcount Liflc, Lord Iheophilus Howard, James, Lord the common Bifhop of Bath and Wells, Edward, Lord Zouche, Thomas/*^'^' "^ the Lord Lawarr, William, Lord Montcagic, Edmund, I 'Ord p,^°'' '°™' Sheffield, Grey, Lord Chandois, John, Lord Stanh«/pe, George, Lord Carew, Sir HunitVey Weld, Lord Mayor of ^^ondon. Sir Edward Cecil, Sir William Wade, Sir Henry l*«Jevi!, Sir Thomas Smith, Sis Oliver Cromwell, Sir Peter "Manwpod, Sir Thomas Chtilloner, Sir Henry Hobert, Sir t 3 Francis 86 VIRGINIA CHARTERS. FrancU Bacon, Sir Geofge Coppin, Sir John Scot, Sir ^.. >.-.- j-f — , — J- ~ . — , Sir Amias Prefton, Sir William Godolphin, Sir AValtefr Cope, Sir Robert KiUigrew, Sir Henry Fanftiaw, Sir Edwin Sandys, Sir John Watts, Sir Henry Montague, Sir William Romney, Sir Thomas Roe, Sir Baptift Hicks, Sir Richard Williamfon, Sir Stephen Poole, Sir Dudly Digges, Chriftopher Brooke, Efq; John Eldrid, and John Wol- ftenholme, (hall be oilr couricil for the faid company of aj^- venlurers and planters in Virginia. f-y^- ■ Nortfinatlon X. And the faid Thomas Smith we do ordain to be trea- of the (Jrftfurei- of the faid company: which treafurer (hall have autho- "'("^undf^^y*. ^o g*^^ ®''*^^'"» ***f ^^^ warning of the council, and fum- by the king, moning the company, to their courts and meetings. Elettjon of XI. And the faid council and treafurer, or any of theni^ ^''d """fT^^-' ^^ ^"^^"^ henceforth, nominated, chofen, Continued, lor. ^n all difplaced, changed, altered, and fupplied, as death, or other future VA- feveral occafions, (hall require^ out of the company of the thrjii" ont ^^'^ adventurers, by the voice of the greater part of the faid cf^he^ faid ^company and adventurers, in their affembly for that purpofe; tompany. provided a'ways, that every counfellor, ib newly elcded fhali be prefented to the Lord Chancellor of England, or to - the Lord High Treafurer of England, or to the Lord Cham? berlain of the hou(hold of us, our heirs, and fucce(rors, for the time being, to take his oath of a counfellor to us our heirs and fuccefTors, for the faid company of adventurers and colony in Virginia. Power of XU. And we do, by thefe prefents, of cur fpecial grace, appointing a certain knowledge, and mere motion, for us, our heirs and iufe"r7in"'^"^'^^°'"^> g/aut unto the faid treafurer and company, and cafts'of their fuccefibrs, that if it happen, at any time or times, the \- treafurer for the time being to be fitk, or to have any fuch caufeof abfence from the city of London, as fhall be allowed by t;he faid council, or the greater part of them, aflemblcd, fo as he cannot attend the affiurs of that company, in every fuch cafe, it fliall and may be lawful for fuch trealurer for the time being, to affign, conftitute and appoint, one of the council or company, to be likewife allowed by the council, or the greater paart of them, afienibled, to be the deputy trea- furer of the faid company; which deputy (h.Jl have power, to do and execute all things, which belong to the fjild trea- fuicr, during fuch time, as fuch treafurer fhall be either fick, cr otherwife abfcnt upon the caufe allowed of by tiic faid council, 4 Mcceliit VIRGINIA CHARTERS. II or the major part of them, as aforefaid, fo fully and wholly, and in as large and ample manner and form, to all intents and pui-pofes, as the faid treafurer, if he were prefent, him- felf might or could do and execute the fame. XIII. And further, of our fpecial grace, certain know- The counci Jedge, and mere motion, for us, our heirs, and fucceffors, ^^^^*i^ we do, ;by thefe prefents, give and grant full power and au-make orap- thority to our faid council, here refident, as well at this po'"' anfl '<» prefent time, as hereafter /rom time to time, to nominate, jippff^j °^ make, conftitute^ ordain, and confirm, by fuch name or governors names, ftileor ftiles, as to them ftiall feem good ; and like-r^"*^®**"*^ wile to revoke, difcharge, <:hange, and alter, as well all and govemmeni lingular governors, officers, and minifters, which already of the faid Jiave been made, as alfo which hereafter Ihall be by them"'"""*' .thought fit and needful to be made or ufed, for the govem- fnent of the faid colony and plantation. XIV. And alfo to make, ordain, and efkbliih all manner And to .of orders, laws, direftions, in(lru£tions, forms, and cere-'"»'^e *«^'» inonietof government and magiftracy, fit and neceflary, for °^^l^.^^°^^, and concerning the government of the faid colony and planta-of the faid tion ; and the fame, at all times hereafter, to abrogate, re-^olonies. yoke, or change, not only within the precinds of the faid colony, but alfo upon the feas in going and coming, to and from the faid colony, as they, in their good difcretion, fhall think to be fittefl: for the good of the adventurers and inhabi- tants there. Xy. And we ^o alfo declare, that, for divers reafons andyponthe confiderations us thercupto efpecially moving, our will andarrivai of « pleafure is, and we do hereby ordain, that immediately fromS°^'!'"°'\ * , r r 1 ' r 1 ••in' appointed and alter fuch time, as any luch governor or principal officer, by the faid fa to be nominated and appointed, by our faid council, forcoundi in the goveranrient of the faid colony, as aforefaid, ffiall arrive ^g^'^^g^^f in Virginia, and give notice unto the colony there refident of theprefidenr. our pleafure in this behalf, the government, power and au- a"'* '^"^"'^'^ thority of the prefident and council, heretofore by our former ^,[^*^/,here letters patents there eftabliflied, and all laws and conftitutions,andof al! hy them formerly made, (hall utterly ceafe and be determined, °''^*='^ °*" and all officers, governors, and miniilers, formerly conftituted"7j,^jf,t* or appointed, fhall be dircharged, any thing, in our former ihali in- ietters patents concerning the faid plantation contained, in any ^'"'^ly "'^* wife to the contrary notwiihftanding ; ftraightly charging and tgrmine^i.' commanding the prefident and council, now refident in the faid colony, upon their allegiance, after knowledge given unto them of our will and pleafure, by thefe prefents fignified and dsclaied, that they forthwith be obedient to fucn governor or governors. es VIRGINIA CHARTERS. of new tnemberi into the company. Diifran- chifemept, Power to Vfork all fort of mine*. governors, as by our faid council, here refidcnt, fliall be named and appointed, as aforefaid, and to all direftions, or- ders and commandments, which they Ihall receive from them, as well in the prefent refigning and giving up of their authority, officep, charge and places, as in all other atten« dance, as ftiall be by them, from time to time, required. XVI. And we do further, by thefe prefents, ordain and edabliih, that the faid treafurer and council here refident, and their fucccffors, or any four of them, being aflembled (the treafurer being one) fliall, from timp to time, have full power and authority, to admit and receive any other perfon into their company, corporation* and freedom j and further, in a general aflembly of the adventurers, with the confent of the greater part, upon good caufe, to disfranchife and put out any perfon or perfons, out of the faid freedom and company. XVII. And we do alfo grant and confirm, for us, our heirs and fucceflbrs, that it fliall be lawful for the faid treafurer and company, and their fucceflbrs, by direflion of the go- yernors there, to dig and to fearch fpr all manner of mines of gold, filver, copper, iron, lead, tin, and all forts of mi-r rerals, as well within the precinft aforefaid, as within any part of the main land, not formerly granted to any other ; and to have and enjoy the gold, filver, copper, iron, lead, ^nd tin, and all other minerals, to be gptten thereby, to the life and behoof of the faid company of planters and adventu- rers, yielding thereof, and paying yearly, unto us, our heirs and fucceflbrs, as aforefaid. XVIII. And we do further, of our fpecial grace, certain k'in^'»"fu'b-^^"*^^'^'^?^» and mere motion, for us, our heirs and fuccefr jeftf orany ^fs, grant, by thefe prefents, to and with the iaid treafurer ilrangers to and Company, and their fucceflbrs, that it fliall be lawful and fali 'colony ^ee for them, and their afligns, at all and every time and together 'times hereafter, out of our realm of England, and out of all with all ne- other our dominions, to take and lead into the faid voyages, for*yiir*^de-*"^ for and towards the faid plantatior, and to travel thither- fcnce, and wards, and to abide and inhabit there in the iaid colony and merchaji- plantation, all fuch and fo many of our loving fubje6ts, or for tiading'^^"y Other ftrangcrs, that will become our loving fubjeds, withthepeo- and live under our obedience, as fliall willingly accompany pi? there: them in the faid voyage and plantation ; with fufticiqnt fhip. ping, armour, weapons, ordnance, munition, powder, fliot, viftuals, and fuch merchandlfes or wares, as are efteemed by the wild people in thofe parts, cloathing, implements, furni- ture, cattle, horfes and mares, and all other things, necef- iary for the faid plantation, aqd fpr their ufe and defence, ' and ^ower lo Ca TT VIRGINIA CHARTERS. »f Hid trade with the people there ; and in pafljng, and return- ! ingtoandfro; without yielding or paying fubfidy, cuftom, withoutpay- impofition, or any other tax or duty, to us, our heirs, or'"8 any »;i'r- {ucceffors, for the fpace of feven years from the date of thefe),"'^ "^or***' prefents; provided, that none of the faid perfons be fuch, as them for/ (hall be hereafter, by fpccia)i name, redrained by us, our heirs, )'«=*"• and fucceflbrs. XIX. And for their further encouragement, of our fpeciaJNo cuftom» grace and favour, we do, by thefe prefents, for us, our heirs or lubfiaies and fucceflbrs, yield and grant, to and with the faid treafurer||^'"J^''P*!** and company, and their fucceflbrs, and every of them, their forai 'year's* faftors and afligns, that t.iey and every of them, fhall be free »"«* a/'er of all the fubiidies and cuftoms in Virginia, for the fpace of |{j*pjj™° ^ «ne-and-twenty years, and from all taxes and impofitions, pany and for ever, upon any goods or merchandizes, at any time or'"«eiror» times hereafter, either upon importation thither, or eyporta- 1 *^' ^^^ °"] tion from thence, into our reahn of 'Sngland, or into any 5 per cent, other of our realms or dominions, by tie faid treafurer and"P°" ^11 company, and their fucceffois, their deputies, favors, orpo°teii"Jn» afligns, or any of them) except only the five pounds per cent, Virginia in- due for cuftom, upon all fuch goodc and mercl^andizes, a3*°^"slan'J ; (1 ul' bfc brought or imported into our realm of England, or^hey^ ma/ t •'• of thefe our dominions, according to the ^ntient export the nft rued taken and interpreted, in moft ample and beneficial manner beneficially f^j. jj^g |-j^jj treafurcr and company, and their fucceflbrs. and 4o the gran- , , i- rv» #.™. te^, every member thereot CoiTfirmati- XXVII. And further, we do, by thefe prefents, ratify on ot former^jjd Confirm unto the faid treafurcr and company, and theif revoked o^-^ucceflbrs, all the privileges, franchifes, liberties, and jmmu- altered by nities, granted in our faid former letters patents, and not in the preienr jj^gfg q^. letters patents jeyoked, altered, changed oi" abridged. Extenfionof XXVIII. And finally, .our will and pleafure is, a«id we the priviie-j further, hereby, for us, our heir- and fucceflbrs, grant b>thfschrr>"^ agree, to and with the faid treafurer and company, and ttr to all fu-their fucceflbrs, that all and iingular pei fon and perfons, h"^l '"''""■which fhall, at any time or limes hereafter, adventure any faid rompa-^""™ "•* ^"'""^ ^^ moucy, in and tov/ards t-lie faid pla^ntation ot any duly ad-thc faid colony of Virginia, and ihall be admitted, by the ciitted into^jj J council and company, as adventurers of the faid co- coui.til ' lony, in form aforefaid, and fliall be enrolled in the book thereof, in or rccotds of thc advcntufcrs of the faid company, fliall and *^^^^'J'^j'"'''"xnay be accounted, accepted, taken, held, and reputed, ad- icriLed. Venturers of the faid colony, and fhall and may enjoy all and Angular grants, privileges, liberties, benefits, profits, com- jncdities, and immunities, advajitages, and emoluments whatfoever, as fully, largely, amply, and abfolutely, as if they, and every of them, had been precilely, plainly, fmgu- Jarly, and diftinftly named and inlerted in thefe our letters patents. Nopcrfon XXIX. And laflly, becaufe the. principal cfFed which ^haii^o into we cau dcfitc or expert of this action, is the cunverfion and * laid reduction of thc people in thofe pr.rts unto the tiue worfliip ountry ^^ ^^j ^^^^ ChriiUiin religion, in which rcif ed we iliouW , . ' .. , > • ' ' Ifi ^mmtmrmK^ { VIRGINIA CliARTERff. 95 be loath, that any perfon (hould be permitted to pafs, that witT»out ha- we fufpeaed to afFea the fuperftitions of the church of Ronre ; ^"^ %l '** we do hereby declare, that it is our will and pleafure, that oath of fu- none be permitted to pafs, in any voyage, from time to timeP'^^™*<=)' to be made into the faid country, but fuch as firft (hall have taken the oath of fupremacy ; for which purpofe we do, by thefe prefents, give full power and authority, to the treafu- rer for the time being, and any three of the council, to ten- der and exhibit the faid oath, to all fuch perfons as fhall, at any time, be fent and employed in the faid voyage. Although cxprefs mention of the true yearly value or certainty of the premifcs, ©r any of them, or any other gifts or grants, by us, or any of our progenitors, or predeceflors, ta the afore- faid treafurer and company heretofore made, in thefe prefents is not made ; or any aft, ftatute, ordinance, provffion, pro- clamation, or reftraint, to the contrary hereof had, made, or- dained, or provided, or any other thing, caufe, or matter,, whatfoever in any wife notwithftanding. In witnefs whereof, we have caufed thefe our letters to be made patent ; witnefsr ourfelf at Weftminfter, the 23d day of May, in the feventh year of our reign of England, France, and Ireland, and of Scotland the ***** '*"* ' * ' f--'«i :- :,, i. . .. jpgf ipfum Regem, '.-■--- ,'ti* !4.i' '>^-ja ;.-rr.-?-; ^. . - < . ^ ■ '- ,^-:.:... ■ : . :.•«'! ,r--'^ '' L U K I N. ''• \.t NUMBER III. tit ■nt Ti^- Charter of King JAMES I. to the Treafurer and ■' '^ - Company of Virginia. DatedMarchi2, 1661-2. I. TAMES, by the grace of God, King of England, Scot- R«'f«|^of J land, France, and Ireland, Defender of the Faith ; to^^^n^e Jf all, to whom thefe prefents (hall come, greeting. Whereas the Ch.irt at the humble fuit of divers and fundry our loving ilibjeSls, as^^^^V * well adventurers as planters of the firft colony in Virginia, and for the propagation of chriftian religion, and reclaiming of people barbarous to civility and humanity, we have, by our letters patents, bearing date, at Weftminfter, the three- er 3. 94 VIRGINIA CHARTERS, and-twentieth day of May, In the feventh year of our rfeJ^n of England, France, and Ireland, and the two-and-fortieth of Scotland, given and granted unto them, that they, and all » ;» fuch and fo many of our loving fubje in fuch manner and fort, to all intents and purpofes, as thofe, who have been formerly elected and nominated, as our counfellors • > .; for that colony, and whofe names liave been or are inferted ' "^ and exprelTed, in our faid former letters patents. VII. And we do hereby ordain and grant, by thefe prefents, courts of that the faid treafurer and company of adventurers and plan-'Teniblies ters aforefaid^ fhall and may, once every week, or oftner, at °!|j|'"'fl^°™' their pleafure, hold and keep a court of aflembly, for the be held once better order and government of the faid plantation, and fuch every we«k# things as fhall concern the fame; and that any five perfons of fgp°t"j,"f„. our council for the faid firft colony in Virginia, for the timetion ofordU being, of which company the treafurer ^ or his deputy, to be "^Jl^ ''"''* always one, and the number of fifteen others, at the leaft, of"' *' the generality of the faid company, affembled together in fuch manner, as is and hath been heretofore ufed and accuf- tomed, (hall be faid, taken, held^ and reputed to be, and (hall be a fufficient court of the faid company^ for the handlings and ordering, and difpatching of all fuch cafual and particular occurrences, and accidental matters, of lefs confequence and weight, as (hall, from time to time, happen, touching and concerning the faid plantation. VIII. And that neverthelefs, for the handling, ordering. And for the and difpofing of matters and affairs of great weight and im- manage- portance, and fuch, as (hall or may, in any fort, concern the™^"* ?^*'^* weal public and general good of the faid company and pl^nta-portant bo- tion, as namely, the manner of government from time to time ''"«'» °^'^* to be ufed, the ordering and difpofing of the lands and po(-kiTr^g"Ii\ fe/fions, and the fettling and eftablilhing of a trade there, or and general fuch like, there (hall be held and kept, eveiy year, ypon the *|f'''"^^"' °^ laft Wedneiday, fave one, of Hillary term. Rafter, Trinity, ieJs';?^" and Michaelmas terms, for ever, one great, general, and fo-fhiH be held iemn affembly, which four aflfemblies (hall be ftiled and called, '" '^"^ The four great and general courts of the council and com-^"*^* pany of adventurers for Virginia; in all and every of which (aid great and general courts, fo affembled, our will and plea- fure is, and we do, for us, our heirs, and fucceffors, for ever, give and grant to the faid treafurer and company, and their Q fucceffors. m4 hit. ",!« 1 jj $9 ElcAlon of counfcil6rs and Other officers of Making Uwt. VlRGlNtA CHARTERS. fiiccettbrs, for ever, by thefe prefents, that they, the faid trea- furer and company, or the greater number of them, ib aflem- bled, fhall and may have full power and authority, from time to time^ and tit all times hereafter, to elefl and chufe difcrcet perfons, to be of our fard council for the faid firft colony in Virginia, and to nominate and appoint fufeh officers,* as they Kovernmeni ^^j| ^y^\^^ gj jj^j requifite,' for the government, managing, ordering, and difpatching of the affairs of the faid company; and ifhall likewifc have full power and authority^ to ordain and maike fnch laws and ordinances, for the good and welfare of the faid plantation, as to them, from time to time, (hall be thought requifite and meet: fo always, as the fame be not contrary to the haws and ftatutes of this our realm of England r I' and fhall^ in like manner, have power and authority, to ex- Disfranchi- pulfe^ disfranchife> and put otit of and from their faid com- fement of pany and fociety, for ever, all and every fikh perfon and per- [^^"^"l^^fons, as having either pitomifed, or fubfcribed their names, to to pay the bccome adventurer^ to the faid plantation of the faid firfl co- money they lony in Virginia, or having been nominated for adventurers, fcribed''' ^" ^^^^^ ^^ *"y ^^^^^ °^^ letters patents/ or having been other- wife admitted and nominated to be of the faid company, have neverthelefs, either not put in any adventure at all, for and towards the faid plantation, or elfe have refufed and negteft- ed, or ftiall reful'e andnegleft to bring in his or their adven- ts tore, by word or writing promifed,. within fix months after the fame fhall be fo payable and due. Dircfiions IX. And whereas the failing and hot payment of fuclv to the courts monies, as have been prom ".fed in adventure for the advance- ^nior'ce'the '^^"^ °^ ^^^ ^*'^ plantation, hath Been often by experience payment of found, to be dangerouS" and prejudicial to the lame, and mucb the faid mo- to have hindered the progrefs-and proceeding of the faid plan' tation, and for that it feeraeth unto us a thing reafonablc, that fuch perfons, as by their hand writing have engaged them- felves for the payment of thelt advcnturesy and afterwardi» negle£ting th( ir faith and promife, fhould be compelled to make gtood ani keep the fame; therefore our v>ill and plea- fure is, that in any fait or fuits commenced, in any of our courts at Weftminfter^or elfewhere, by tlic faid treafurcr and company, or otherwife, againft any luch perfons, that our judges for the time being,, both in our court of Chancery,- and at the Common Pleas, do favour and further the faid fuits, fo far forth as law and equity will, in any wife, further and niei. permit Power to admit fcrlbn: X. And we do, for us, our heirs,- and fncceflbrs, further give ^"y and giant tothe faid treafurer and company, or their fucccffors, ioF VIRGINIA CtlARtERl 99 for cveri ^^^^ ^^^y» the faid treafurer and company^ ot the ^'»*<'»«'™»- greater part of them, for the time bein?, fo in a fuU and general Sieu rf court affembled, as.aforefaid, fhall and may^ from time to time,the King, and at all times for ever hereafter, cleft, chiife, and admit into?"" '"•"•» their company and focietyi any perfon or pcrfons, as well'JJ^p„y, ftrangcrs and aliens, born in any part beyond the feas whefe- focver, being in amity with us, as our natural liege-fubjeds, born in any our realms and dominions : and that all futh per* Tons fo elefted, chofen, and admitted to be of the faid com- pany, as aforefaid, (hall thereupon be taken^ reputed, and held^ and ihall be free members of the faid company^ and {hall have, hold, and enjoy all and fingular freedoms, liberties, fran-> chifes, privileges, immdnities, benefits, profits, and commodi- ties whatfoe »"pk)yed in the faid plantation of the faid fii'fV colony in Virginia, have aftert^ards, either with- drawn, hid, or concealed themfelves, or have refiifed to g© thither, after they have been fo-entertained and agreed withal j and that divers and fundry perfons alfa, which have been fent and employed in the faid plantation of the faid firfl colony in Virginia^ at and upon the charge of the faid company, and having there mifbehaved themfelves by mutinfes, fedition, or other notoj'ious mifdemeanors, or having been employed or fent abroad, by the governor of Virginia, or his deputy, with feme fhip or pinnace, for our provifion of the faid colony, or for fome difcovery, or other bufinefs and affairs^ concerning the fame, have from thence mofl treacheroufly, either come back again and returned into our realm of England, by ftealth, or without licence of our governor of our faid colony, an Virginia, for the time being, or have been fent hither, as mifdoers and offenders ; and that many alfo of thofe perfons, after their return from thence, h. ving bctn queftioncd by our feid council here, for fuch their nriifbehavicurs and offences, by ■ C their font em- ployed or engaged by the faid company. 1^^ VIRGINIA CHARTERS, to\ 'Ihelr infolent and contemptuous car iage in the prefcnce o| our faid Council, have Ihewed httle refpeft and reverence, either to the place, or authority, in which we have placed and appointed them ; and others tor the colouring or their lewdnei's and mitdcmcanors committed in Virgitna, nave en- * deavourcd by moft vile and (landerous reports, made and divul|,cd, as well of the country of Virginia, as alfp of the government and eiljite of the faid plantation and colony, as much as in them lay, to bring the (aid voyage and plantation into difgrace and contempt ; by nieans whereof, not only the adventurers and planters, already engaged in the faid plantar '' tion, have been exceedingly abufed »nd hindered, and a great number of other our loving and well^difpofed fubjeft$, otherr wife well afFe£ted, and inclined to jo^n and adventure in fq noble, chridian, and worthy an action, haye been difcouraged from the fame, but alfo the utter overthrow apd ruin of the Taid enterpi izc hath been greatly endangered, which cannot mifcarry without fome diihonour to Us ^n(^ our kingdoip. XV. Now, forafmuch as it appe^reth unto U?, that theff J^^JJ^^f ''•* infolenccs, mifdemeanors, and abufes, not to be tolerated in furer or his any civil government, have, for the moft part, grown anower and authority, by any exprefs words in our formef the f»id etters patents, to correfl: and chaftife fuch oflfenders. ; we '=*^i*"yi ^* therefore, for the more fpeedy reformation of fp great an^o^^^^'J'^ j^, enormous abufes and mifdemeanors, heretofore pra£tifed an^be appre< committed, and for the preventing of the like hereafter, do, '^*"'**^»»"'* ^y thefe prefents, for us, our heirs and fucceflbrs, give andag^nft in grant to the faid treafurcr and company, and their fuccefTors, England, or for ever, that it (hall and may be lawful for our faid Council!*"' backt© tor the faid firft colony in Virginia, or any two of them,be"ih"repa- (whereof the faid tre^furer or his deputy, for the tipie being, niihed, as to be always one) by warrant under their hands, tp fend ^o'',|'j*J' '''*j| or to caufe to be apprehended, all and every fuch perfop andper" perfons, who (hall be noted, or accufed, or found, at any time or times hereafter, to offend, or mifbehave themielves, in any the offences before mentionedande^tprefledi and upon the examination of any. fuch offender o>; offenders, and juft proof made by oath, taken before the faid Council, of any fuch notorious mifdemeanors by t^iem committed, as ^foref^'d ; and alfo upon any infolent, and contemptuous, or indegent car- riage and misbehaviour, to or againft put faid Cour.cil, fliewed or ufed by any fuch perfon or perfons, fo called, convented, and appearing before them, as aforefaid; that in all fuch cafes, ^hey, our faid Cpuncil, or any tvyp pf them, for the time beins '?» »■ n rij li m IS '>.j^fA 103 VIRGINIA CHARTERS. Power to enO. lies. lotte l»?ing, (hall and may have full power and authority, cithcf here to bind them over with good ifureties for their good be- haviour, and further therein to proceed, to all intents and purpofeS, as it is ufed, in othef like cafes, within our realm of (England ; or elfe, at their difcretions, to remand and fend them back, the faid offenders, or any of them, unto the faid colony in Virginia, there to be proceeded againfl and punifhed, ias the ffovernor, dfeputy, or council there, for the time being, ihall think meet ; or qtherwife, according to fuch laws and ordinances, as are and (hall be in ufe there, for the well- ordering and good government of the faid colony. XVI. And for the more cffcftual advancing of the faid "plantation, we do further, for us, oqr heirs and fucceflbrs, of our (pecial grace and favour, by virtue of our prerogative royal, and by the aflfent and content of the Lords and others of our privy council, give and gi ant, unto the faid treafuref knd company, full power and auihoi'ity, free leave, liberty, and licetice, to jet forth, ei'e^, and publi(h, one or mor^ lottery or lotteries to have continuance^ and to endure and be held, for the fpace of one whole year, next after the opening t( the fame ; and after the end and expiration of the faid term, the faid lottery or lotteries to continue and be further kept, during our will and pleafure only, 4nd not otherwife. And yet neverthelefs, we arc contented and pleafed, for the good and welfare of the faid plantation, that the faid treafurer and company (hall, for the difpatch and finifliing of the faid lot- tery or lotteries, have fix months warning after the faid year ended, before our will and pleafure, iha|l, for and on that behalf, be conftrued, deemed, and adjudged, to be in any wife altered and determined. ^ XVII. And our further will and pleafure is, that the faid lottery and lotteries (hall and may be opened and held, within our city of London, or any other city or town, orelfewhere, within this our realm of England, with fuch prizes, articles, conditions, and limitations, as to them, th^ faid treafurer and company, in their difcretions, (hall feem convenient. XVIIIi And that it (hall and may be lawful, to and for the faid treafurer and company, to eleft and chufe receivers, auditors, furveyors, commiflioners, or any other officers what-* foever, at their will and pleafure, (ot the better marlhalling, difpofing, guiding, and governing of the faid lottery and lot- teries ; and that it (hall likewife be lawful, to ind for the faid treafurer and any two of the faid Council, to minifter to all and every fiich perfon, fo elected and chofen for officers, as aforefaid, qpe oi more oaths, for their good behaviour, jufl an4 fa VIRGINIA CHARTERS. 103 con- ffiA true dealing, in and about the (aid lottery or lotteries, to the intent and purjxjfe, that none of our loving fubjefts, putting in their names, or otherwife adventuring in the faid geiioral lottery or lotteries, may be, in any wife, defrauded and decinved of their faicj monies, or evilly and indireSly dealt withil in their faid adventure^. XIX. And we further grant, in manner and form aforefaid, that it (hall and may be lawful, to and for the faid treafurer and company, under the fcal of our faid council for the plan- tation, to publifh, or to caufe and procure to be publilhed, by proclamation or otl.erwife (the faid proclamation to be made in their name, by virtue of thefe prefents) the faid lottery or lot- teries, in all cities, towns, boroughs, ^nd othei; places, within our faid realm. 0/ England; and we will. and command all mayors, juft ices of the peace, fherifFs, bailfFsj cpn- ilables, and other officers and loving fubjefts, whatfoever, that, in no wife, they hinder or delay the progrefs and pro- ceedings of the faid lottery or lotteries, but be therein, touch- ing the premifes, aiding ^nd afllfting, by all koneft, good and lawful means and endeavours. XX. And further pur will and plcafure is, that in alP""^**"* queftions and doubts, that fliall arife, upon any difficulty offl^ji'^^'eco coni1:ru6tion or interpretation of any thing, contained in thefe ftrucd in fa- or any other our former letters patents, the fame (hall ^c^°"''°*^^" Ifaken and ij^iterpreted, in the moft ample and beneficial manner^ for the faid treafurer and company, and their fucceflbrs, an^ €veiy meml?er therepf. XXI. And laftly we do, by thefe prefents, ratify and con- ^onfirm*- firm unto the laid treafurer and company, and their fucceflbrs, fo°J^j° ij,. for ever, all and all manner of privileges, franchifes, liberties,, ters patents immunities, preheminences, profits, and commodities, what-'"^'' P**!"'? - 1 1 . r 1 -not revoH«d loever, granted unto them m any our rprmer letters patents, or altered by and not in thefe prefents revoked, altered, changed, or abridged, the prefent. Although expreis mention pf the true yearly value or ceitamty of the premifes, or any of them, or of any other gift or grant, by us or any of our progenitors or predeceffors, to the afore- faid treafurer and company heretofore made, in thefe prefents is not made ; or any ftatute, a£t, or ordinance, provifion, procla- mation, or reftraint, to the contrary thereof heretofore made, prdained, or provided, or any other matter, caufe, or thing, whatfoevcr to the contrary, in any wife, notwithllanding. In witnefs whereof we hav*. caufed thefe our letters to be made patents. Witnefs Ouilelf, at Weftminfter, the twelfth day of March, in the ninth vcar of our reign of England, ^xancc, r.nd Ireland, and cf Scotland the fivc-and-fortieth. ' " J'ENSYL- i:" ( 104 ) * PENSYLVANIA CHARTER, Orant. Premifcs l^ranted. Granted by King Charles II. in the Fourteenth Year of his Reign. , Prima Pars Paientium de Anno Regni Regis Car o LI Secundi Tricejimo Tertio. CHARLES the Second, ^c, to all to whom thefe prefents (hall come. Greeting. Whereas our trufty and wcU- beloved fubjed William Penn. efquirc, fon and heir oiF Sir William Penn, deceafed, out of commendable defire to en- large our Englifh em, :re, and promote fuch ufeful commodi- ties as may be of benefit to us, and our dominions ; as alfo to reduce the favage natives, by gentle and jufl: manners, to the love of civil fociety and chriftian religion, hath humbly he- fought leave of us to tranfport an ample colony unto a certain country herein after defcribed, in the parts of America not yet' cultivated and planted; and hath likewife humbly befought our Royal Majefty to give, grant, and confirm all the faid country, with certain privileges and jurifdiftions requifite foi- the good government and fafety of the faid country and co- lony, to him and his heirs, forever: Know ye therefore. That We, favouring the petition arid gcod purpofe of the faid William Penn, and having regard to the memory and merits of his late father, in divers fervices, and particularly to his conduft, courage' and difcretion, under our deareft brother James Duke of York, in that fignal battle and yi6iory fought and obtained againft the Dutch fleet, commanded by the Heere Van Obdam, in the year one thoufand fix 1 nndrcd and fixty-five ; in confideration the'cof, of our fpccial ijTacCj cer- tain knowledge, gind mere rhotion, have given and rri mtcd, and by this our pirefen: Charter, for us, our heirs, and luccef- fors, do give and gran, unto the faid Sir William Penn, his heirs and afTigns, all that traft or part' of land in America, ytiih all the iflands therein contained, as the fame is bounded on the Eaft by Delawar river, from twelve miles diftance northwards of New(^a{lle Town, unto the three and fortieth degree of northern latitude, if tlie faid river doth extend fo far northwards; but if .the faid river fliall not extend fo far northwards, then by the faid fiver fo far as it doth extend ; and PENSYLVANIA CHARTER. 105 ^d from the head of the faid river the eaftern bounds ar« to be determined by a meridian line, to be drawn from the head of the faid river unto the faid three and fortieth degree; the faid lands to extend weftward five degrees in longitude, to be computed from the faid eaftern bounds ; and the faid lands to be bounded on the north by the beginning of the three and fortieth degree of northern latitude, and on the fouth by z ; circle drawn at twelve miles diftance from Newcaftle north- wards and weftwards, unto the beginning of the fortieth degree of northern latitude ; and then by a ftrait line weftwards to the limits of longitude above-mentioned. We do alfo give and grant unto the faid William Penn, his h^irs and afligns, the free and undifturbed ufe, and continuance in, and paffage into, and out of, all and fmgular ports, harbours, bays, waters, rivers, ifles, and inlets belonging unto, or leading to and from the country or iflands aforefaid, and all the foil, : lands, fields, woods, underwoods^ mountains, hills, fens, ifles, "• '"^'^ ' lakes, rivers, waters, rivulets, bays, and inlets, fitnate and ..- being within or belonging unto the limits and bounds afore- c- , faid ; together with the fiftiing of all forts of fifh, whales, fturi geons, and all royal and other filhes in the fea, bays, inlets, ' / , waters, or rivers, within the premifes, and the fifh thereia taken; and alfo all veins, mines, quarries, as well difcovered as not difcovered, of gold, filver, gems, and precious ftones, and all other whatfoever, be it ftones, metals, or of any other thing or matter whatfoever, found or to-be leund within the. country, ifles or limits aforefaid; and him the faid William Penn, his heirs and afligns, we do by this our royal Charter, for us, our heirs, and fucceflbrs, make, create, and conftitute the true and abfolute proprietaries of the faid country afore- gj^j^g ^p faid, a^d of all other the premifes; faving always to us, ourthe aliegi- heirs and fucceflbrs, the faith and allegiance of the faid Wil-*"'=* ''^^**** jiarrt Penn, his heirs and afligns, and of all other proprieta-heirs, and riefi^ tenants, and inhabitants, that are, and fliall be withinafTigns, and the territories and precinfts aforefaid; and faving alfo ""t^re/nf '^f ** us, our heirs, and lucceflbrs, the fovereignty of the aforefaid the country, country. To have, hold, poflefs, and enjoy the faid tract of land, country, ifles, inlets, and other the premifes, unto the ^*'**"''*"^* faid William Penn, his heirs and afligns, to the only proper ufe and behoof of the faid W illiam Penn, his heirs and afligns for ever. To be holden ot us, our heirs and fuccelTors, KingsTenendum; of England, as of our Caftle of Windfor, in our county of Berks, in free and common foccage, by fealty only, for all ferviccs, and not in capite, or by Knights fervice; yielding and paying theieforc to us, cur heus and fucceflbrs, two beavei:'' I }^ PENSYLVANIA CHARTER. other pur pofcs ; beaver-(kins, to be delivered at our faid caille of Windfor, o)|» S'l'S"*" ^^^ ^*^ day of January on every year; and alfo the fifth part part of the of aUgold apd uiyer pre. which ihall frpni time to time hap-* gold apd fii- pen to be found within the hmits aforefaid* dear of all char- Erei^onof 8^^' "^"^ ®^ ouF further CTace, certain knowledge, and mere the country motion, we have thought nt to ered, and we do hereby ere£t into a pro- the aforefaid country and ifland into ^ province and feignory, nlmeoV'***"'^ do Call it Penfylyania, and fo from henceforth we will TeafyUuu^ hav€ it Called. And forafmufh a$ we have hereby made and prdained the aforefaid William Penn, his heirs and afligns, the true and abfolute proprietaries of all the jands and domi- nions aforefaid; Know ye therefor^, ^hat we rcpofing fpecial truft and confidence in the fidelity, wifdom* juftice, and pro- vident circumfpefiiop of the fajd WiHiam P^nn, for us, our ®""* ^".'jj^- heirs and fuccelFors, do grant free, full, and abfolute power, hein, of the ^7 yjrtue of thcfc prcfents, to hini antThis heirs, and to his power of and their deputies and lieutenantS) for the good and happy law^'for government of the faid country, to ordain, make, enaft, and rajfing mo- Under his and their feals to publifh any jaws whatfoever, for ney, and the raifing of mpney for the publjc ufe of the faid province, ~ " and for any other end appertaining either to the public ftate, peajce, orfafety of the faid country, or unto the private utility" by the ad- of particular pcrfons, according to their beft difcretions, by vice, and and With th PENSYLVANIA CHARTER. 109 jJing, as, by the laws of this our kingdom of England, they ought to ufe, and with fitting provifions, paying only the cuftoms thereof due, and the* z to fettle themfelves^ dwell and inhabit, and plant for the public and their own private advan- tage. And furthermore, that our fubjects may be the rather encouraged to undertake this expedition with ready and chear- ful minds, know ye, That we of our {pecial grace, certain knowleige^ and mere motion, do give and grant, by virtue of .% thefe prefentsj as well unto the faid William Penn, and his heirs, as to all others^ who ftiall, from time to time, repair unto the faid country, with a purpofe tw inhabit there, or to trade with the natives of the faid country, full licence to lade and freight in any ports whatfoever, of us, our heirs and fucceflbr^, according to the laws made, or to be made, within our kingdom of England, and into the faid country, by them, ^ , their ^*rvants, or aiTigns, to tranfport all and fingular their goods, wares, and merchandize, as likewife all forts of grain whatfoever, and all other things whatfoever neceffary for food or cloathing, not prohibited by the laws and flatutes of our kingdoms and dominions to be carried out of the faid king- doms, without any lett or moleftation of us, our heirs and fucceflbrs, or of any the heir of us, our heirs and fucceflbrs ^ faving always of us, our heirs, and fuccefTors, the legal impo- fitions, cu{(oms, and other duties and payments for the faid wares and merchandize, by any law or ftatute due, or to be ' due, to us, our heirs and fucceflbrs. And we do further for us, our heirs and fucceflbrs, give and grant unto the faid William Penn, his heirs and afligns, free and abfolute power to divide the faid country and iflands into towns, hundreds, and coun^ ties, and to ere<5l and incorporate towns into boroughs, and boroughs into cities, and make and conflitute fairs and mar- kets therein, with all other convenient privileges and immu- nities, according to the merits of the inhabitants, and the fitnefs of the places, and to do all and every other thing and things touching the premifes, which to him or them Ihall fecm meet and requifite, albeit they be fuch as of their own nature might otherwife require a more efpecial commandment and warrant than in thefe prefents is exprefled. We will alfo. Grant of % and by thefe prefents, for us, our heirs and fucceflfors, we do''""*^5^° give and grant licence by this our charter, unto the faidtantsof thi« William' Penn, his heirs and afligns, and to all the inhabitants province, to and dwellers, in the province aforefaid, both prefent and to''"P°'''e°°^' eome, to import and unlade, by themlelves, or their fervants,i,'^t™£„gt" ^ fiidors or afligns, all merchandize or goods whatfoever, as land, but in- lh.ill arife of ihe fruits and commodities cf the faid province,'" "° °'^f Cither !fi tio PENSYLVANIA CHARTlfeR. cither by land or fea, into any the ports of us, our heirs an^ fticceffbrs,* in our kingdom of England, and not into any other country whatfoever ; and we gtve him full power to difpofe of the faid goods in the faid ports, and if it ne*d be, and within ^ithin one year next after the unlading of the fame, to lade a year after thfe faid merchandizes and goods again into thcfarhe or other been unh- ^'P^* *"*^ ^^ export the fame into any other countries either of our more ample and fpecial grace, Certain know- hi* heirs ledgc, and mere motiron, we do, for us, our he. andfuccef- and afligng^fors, grant unto the faid William Penn, his heirs and afligns, xl ereft*and^"^^ *"^ abfolute power and authority to make, eredl, and conflttute conftitute, within the faid province, and the ifles and ifleti fcaports artdaforefaidy fuch and fo many feaports, harbours, creeks, ha- Jadingtnd vens, keysj, and other places, for difcharging and unlading of unlading goods and merchandizes out of the (hips, boats, and other vcHels, and lading them in fuch and fo many places, and with fuch rights, jurifdi^ions, and liberties, and privileges unt6 the faid ports belonging, as to him or them (hall feem mod expedient; and that all and Angular the (hips, boatsy and other vefTels, which ihall come foi^ merchandize and trade unto the faid province, or out of the fame fhall depart,- (hall be laden or unladen unly at fuch ports as (hall be ere^ed and conftituted by the faid William Penn, his heirs and alTigns ; any ufe, cuftom, or other things to the contrary notwithftand- ing : provided that the faid William Penn, and his heirs, and the lieutenants and governors for the time being, Ihall admit and receive, in and about all fuch ports, havens, creeks, and keys, all officers and their deputies, who fhall from time tor time be appointed for that piM-pofe, by the farmers or commif- and of a fjoners of our cuftoms for the time being. And we do further power to appoint and ordain, and by thefe prefents, for us, our heirs receive and ^„jj fm,j.gfl;Qrg^ wc do grant unto the faid William Penn, his "{"om^and heirs and afligns; that he the faid William Penn, his heirs and port duties afligns, may trom time to time, for ever, have and enjoy the im '^fed b"^ cuftoms and fubfidies in thepoits, harbours, and other creeks ihcm*«nd'' and placcs aforefaid, within the province aforefaid, payable or the aflcmbly due for merchandizes and wares there to be laded and unladed ; vUe.* P'®*the faid cuftoms and fubfidies to be reafonably affcffed (upon anv occafion) by themfelves and the people there, as aforefaid. ^oods and inerchan< llixet : i^ENSYLVANlA CHARTER; iJt to be aJnTembled ; to vrhbnri we give power, by thefe prefentSj Rtfervation for us, our he^B^and fuccelTors, upon juft caufc, and in a duejJJj'Jj J^f: proportion, to alTefs and impofe the fame; faving unto us, our be impofed heirs and fuccefforsi fuch impofitions tnd cu(loms,,a8 by aff'y ^^ of bf parliament are and fliall be appointed. And it is our fur- lp^Jj'"JJJj'j'^ ther will and pleafure, That the faid William Penn, his heirsandhrshcirt and afligns, (hall, from time to time, tonftitute and appoint ""'j»ffi8n« an attorney or agent, to refide in or near our city of London,,n att"ne» who (hall make known the place where he (hall dwell, oror agent at may be found, unto the clerks of our privy council for the^**."^**"' '• time being, or one of them, and (hall be ready to appear inany*'Jrafde- anyof our courts at Wefhninfter, to anfwer for any mifde-meanors meanors that (hall be committed, or by any wilfu! default or^"*"™'""* negleft permitted by the faid William Penn, his heifs or af- ' '"* . figns, againfl: our laws of trade and navigation ; and after it ihall be afcertained in any of our courts what damages we^ er our heirs or fucceflbrs, (hall have fu(tained by fuch default 6r negleft, the faid William Penn, his heirs or ifCigns, (hall pay the fame within one year after fuch taxation and demand thereof, from fuch attorney; or in cafe there (hall be no fuch attorney, within the fpace of one year; or fiich attorney (hall hot make payitient of fuch damages within the fpace of one year, and anfwer fuch other forfeitures and penalties withtn the faid time> as by the aGLs of parlianient in England are or (hall be provided, according to the true intent and meaning of thefe prefentsj then it (hall be lawful for us, our heirs and fucceftors^ to feize and refumc the government of the faid province or country, and the fame to retain until payment (hall be made thereof; but notwithftanding any fuch feizure 6r rcfumption of the government, nothing concerning the propriety or owncr(hip of any lands, tenements^ or other hereditaments j or goods, or chattels, of any of the adventu- rers, planters, or owners, other than the relpec^ive oflFenders there, (hall be any way a(Fe£kcd or molefted thereby. Pro-T'"''' ''"" • 1 J 1 1 Ml 1 1 r • I • t 1 "^v*^ nocor- Vided always, and our will and plealure is, that neither thcrefpondenee faid William Penn, nor his heirs, nor any other the inhabi-with foreign tants of the faid pro\ ince, (hall at any time hereafter have or^J**^ ^^^^ maintain any correfpondence with any other King, Prince orwith En§. State, or with any of their fubjefts, who (hall then be in war^^"*** againfi us, our heirs or fuccelTors ; nor (hall the faid William Penn, or his heirs, or any other the inhabitants of the faid province, make war, or do any aft of hoftility againft any other King, Prince, or State, or any of their fubjeds, who (hall then be in league or amity with us, our heirs, or fuc- jfefTors.' And becaufe in fo remote a country, and fituat© near ' 4 km mi tia FENSYLVANIA CHARTER. /V general of an army. Grant of thenear fo many barbarous nations, the incurfions as well of lh« vy^forcM '''*vages themfclvcs, as of other enemies, pimtes, and rob- and make bers, may probably be feared, therefore we nave given, and war, and dofoi- us, OUT heirs and fucceflbrs, do give power by thefc pre- belonging'to^'^"^^* ""'^ ^^^ ^*'^ William Peno, his heirs and afligns, by the office ofthemfclve?, or their captains. Or other their officers, to levy^ a captain njufter, and train all forts of men, of what condition, or wherefoever born^ in the faid province of Penlylvania, for the titne beings and to make war, and purfue the enemies and robbers aforefaid, as well by fea, as by land^ yea, even with- out the limits of the faid province, and (by God's aiTidance) tovanquilh and take them; and being taken,' to put them to death, by the law of war, or to fave them at their plcafure ;i and to do alt and every othef tiling, which unto the charge and office of a captain-general of an army belongeth, or hath accuflomed to belong, as fully and freely as any captain- Power to general of an army hath ever had the fame. And further- p-ant lands more, of our fpecial grace, and of our certain knowledge, and ance to ' "^cre motion, we have given and granted, and by thefe pre- hoid of fents, for as, our heirs and fucceflbrs, do give and grant unto tbcmfelves. t|^g f^[^ William Penn, his heirs andalfigns, full arid abfolute power, licence^ and authority, that he the faid William Penn, his heirs and affigns, from time to time hereafter, for ever, at his and their will and pleafure, may affign, aHen, grant, de- mife, or enfeoff of the premifes, fo many and fuch part or parcels to him of them that fhall be willing to purchafe the fame, as they fh.iU think fit; to have and to hoW to them the faid perfortor perfons willing to take or purchafe, their heir* and affigns, in fee fimple, or in fee tail,- or for the term of life or lives, or years, to be held of the faid William Penn, h'.s heirs and afligns, as of the feignory of Windfor, by fuch fer- viccs, cuftoms, and rents, as (hall feem fit to thefaid William Penn, his heirs and afligns, and not immediately of us, our heirs and fucceflbrs : And to the fame perfon or pcrlons,- and to all and every of them, we do give and grant, by thefe prefents, for us our heirs and fuccelTors, licence, authority and power that fuch pei fon or perfons may take the premifes^ or any parcel thereof, of the faid William Penn, his heirs or afligns, and the fame hold to themfelves, their heirs or afligns^ in what eftate of inheritance foevcr, in fee Ample, or in fee tail, or otherwife, as to him the faid William Penn, his heirs and afligns, fliall fecm expedient; the ftatute made in the- parliament of Edward, fon of King Henry, late King of England, our predeceflbr, or commonly called the ftatute "Quia <( ci.npioies tQrrirum, lately piibliihed in our kingdom of England, ■MiPi«^ >b- jnd Ire- by PENSYLVANIA CHARTER. ,,3 England, in any wife notwithilanding. And by thefe pre- Power of fents, we give and grant licence unto the faid William Penn,"*^'"S and his heirs, likewife to all and every fuch perlbn and pcr-"'*°°"* fons, to whom the faid William Penn, or his heirs, (hall, at any time hereafter, grant any eftate of inheritance as afore- faid, to ere6k any parcels of land within the province afore- faid, into manors, by and with the licence to be fir ft had and obtained for that purpofe, under the hand and feal of the faid William Penn, or his heirs, and in every of the faid ma- nors to have and to hold a court of Baron, with all things whatfoever which to a court Baron do belong, and to have 1 and to hold view of frank pledge (for the confervation of the peace, and the better government of thofe parts) by them- felves or their ftewards, or by the lords, for the time being, ' of other manors to be deputed when they fliali be ereded, and in the. fame to ufe all things belonging to view of frank pledge : And we do further grant licence and authority, that every fuch perfon and perfons who Ihall ere6k any fuch ma- nor or manors as aforefaid, (hall or may grant all or any part of his faid lands to any perfon or perfons in fee fimple or any other eftate of inheritance, to be held of the faid manors re- fpefkively, fo as no further tenures (hall be created ; but that upon all further and other alienations thereafter to be made, the faid lands fo aliened fhall be held of the fame lord, and his heirs, of whom the alienor did then before hold, and by the like fervices, which were before due and accuftomcd. And further our pleafure is, and by thefe prefents, for us, No taxes our heirs and fucceflbrs, we do covenant and grant to andfliallbe with the faid William Penn, and his heirs and afligns, that la«d."Pon wc, our heirs and fucceflbrs, ftiali at no time hereafter fet or^|^^Jj"g*' make, or caufe to fet any impofition, cuftom, or other taxa- but by'aft tion, rate, or contribution whatfoever, in and upon the dwel-of afTcm- lers and inhabitants of the aforefaid province, for their lands, bly or aft tenements, goods, or chattels within the faid province, or in ^^P" '*" and upon any goods and merchandize within the faid pro- vince, or to be laden or unladen within the ports or harbours of the faid province, unlefs the fame be with the confent of the proprietary, or chief governor, and aflembly, or by aft of parliament in England. And our pleafure is, and for us, our heirs, and fucceflbrs, we charge and command, that this our declaration ftiall from henceforward, from time to time be re- ceived and allowed in all our courts, and before all the judges of us, our heirs and fucceflbrs, for a fuflicient difcharge, pay- ment and acquittance, commanding all and Angular the offi- cers and minifters of us, our heirs and fucceflbrs, and enjoin- H ing m If twenty or more perfons defire it» preachers approved by the bi« ihop of London may be fent to them. 114 PENSYLVANIA CHARTER. ing t*- ->Tn, upon pain of our high difpleafure, that they do not prefuHie, at any time, to attempt any thing to the contrary of the premifes, or that they do in any fort withdand the fame ; but that they be at all times aiding and afliding, as fitting, unto the faid William Penn, and his heirs, and to the inhabitants and merchants of the faid province aforefaid, '* eir fervants, miniders, fadors, and afligns, in the full ufe and fruition of the benefit of this our Charter. And our further pleafure is, and we do hereby, for us, our heirs and fucccf- fors, charge and require, that if any of the inhabitants of the faid f-ovince (to the number of twenty) fhall, at any time hereafter, be defirous, and (hall by any writing, or by any perfon depuied by them, fignify fuch their defire to the Bi- ftiop of London, for the time being, that any preacher or preachers, to be approved of by the faid Bifhop, may be fent unto them for their inflruftion, that then fuch preacher or preachers (hall and may be and refide within the faid pro- vince, without any denial or moledation whatfoever. And if perchance hereafter it (hall happen, any doubts or queftions (hould arife concerning the true fenfe and meaning of any word, claufe, or fentcnce contained in this our prefent Char- ter, we will, ordain, and command, that at all times, and in all things, fuch interpretations be made thereof and allowed, in any of our courts whatfoever, as (hall be adjudged mo(l advantageous and favourable unto the faid William Penn, his heirs and a(ngns ; provided always, that no interpretation be admitted thereof, by which the allegiance due unto us, our heirs and fuccefTors, may fufFer any prejudice or diminu- tion ; although exprefs mention be not made in thefe prefents of the true yearly value and certainty of the premifes, or of any part thereof, or of other gifts and grants made by us, our progenitors or predecefTors, unto the faid William ; or any ftatute, aft, ordinance, provifion, proclamation, or re- (Iraint heretofore had, made, publidied, ordained, or pro- vided, or any other thing, caufe, or matter whatfoever, to the contrary thereof, in any wife notwiihftanding. In wit- Feb. a8, nefs, &c. Witnefs Ourfelf at Weftminfter, the eight and i68i*x. twentieth day of February. By fVrit of Privy Seal, MARYLAND ( IIS ) * ' •^ A V MARYLAND CHARTER, Granted by King Charles the Fird, to Caecilius, Lord Baron of Baltimore. [Tranjlated from the Latin original.^ • CHARLES, by the grace of God, King of England, Scotland, France, and Ireland, defender of ihe faith, &c. To all to whom thefe prefents fhall coriie, greeting : Whereas our right trufty and well-beloved fubjeft Caecilius Calvert, baron of Baltimore, in our kingdom of Ireland, fon and heir of Sir George Calvert, knight, late baron of Balti- more, in the fame kingdom of Ireland, purfuing his father's intentions, being excited with a laudable and pious zeal for the propagation of the Chriftian faith, and the enlargement of our empire and dominion, hath humbly befought leave of us, by his induftry and charge, to tranfport an ample colony of the Englifh nation unto a certain country hereafter de- fcribed, in the parts of America not yet cultivated and plant- ed, though in fome parts thereof inhabited by certain barba- rous people, having no knowledge of Almighty God ; and hath humbly befought our royal Majefty to give, grant, and confirm the faid country, with certain privileges and jurif- di£tions, requifite for the faid government and (late of his colony and country aforefaid, to him and his heirs for ever. Know }e therefore, That we, favouring the pious and Grant, noble purpofe of the faid barons of Baltimore, of our fpecial grace, certain knowledge, and mere motion, have given, granted, and confirmed, and by this our prefent charter, for us, our heirs and fucceflbrs, do give, grant, and confirm, unto the faid Caecilius, now baron of Baltimore, his heirs and afTigns, all that part of a peninfula, lying in the parts Lands of America, between the ocean on the caft, and the bay ofS'^''^^*^* Chefapeak on the weft, and divided frc^i the other part . thereof by a right line drawn from the promontory, or cape of land, called Watkin's Point (fituate in the aforefaid bay, near the river of Wighco) on the weft, unto the main ocean on the eaft ; and between that bound on the fouth unto that part of Delaware bay on the north, which lieth under the H 2 fortieth I i.:' IIJ MARYLAND CHARTER. fortieth degme of northerly latitude from the equinoQial, where New England endsj and all that traft of land between the bounds aforefaid ; that is to fay, pafftng from the afore- faid unto the aforefaid bay called Delaware bay, in a right line by the degree aforefaid, unto the true meridian of the firft fountain of the river Potowmack, and from thence tend- ing toward the fouth unto the further bank of the aforefaid river, and following the weft and fouth fide thereof unto a certain place called Cinquack, fituate near the mouth of the faid river, where it falls into the bay of Chefapeak, and from thence by a ftreight line unto the aforefaid promontory and place called Watkin's Point (fo that all that tra6t of land di- vided by the line afor^jfatd, rawn between the main ocean and Watkin*s Point, unto the promontory called Cape Charles, and all its appurtenances, do remain entirely, excepted to us, our heirs and fuccefTors, for ever.) We do alfo grant and confirm unto the faid lord Baltimore, his heirs and affigns, ail iflands and iflets within the limits aforefaid, and all and fir.gular the iflands and iflets which are or fliall be in the ocean, within ten leagues fronri the eaftern fliore of the faid country towards the eaft, with all and Angu- lar ports, harbours, bays, rivers, and inlets, belonging unto the couiitry and iflands aforefaid ; and all the foil, hnds, fields, woods, mountains, fens, lakes, rivers, bavs, and in- lets, fituate or being within the bounds and limits atorefaid -y with the fiflVing of all forts of ftfh, whales, fturgeons, and all other royal fiflies in the fea, bay?, inlets, or rivers, within the premiles ai'd the fifti therein taken. And moreover, all veins, mines, and quarries, as well difcovered as n^^ difco- vered, of gold, filver, gems, and precious ftongs, and all other whatloever, be it of ftones, metals, or of any other Patronage thing or matter whatfoever, found, or to be found, within ^l , the country, ifles and limits aforefaid. And furthermore, the withli. ' patronages and advowfons ol all churches, which (as Chriftian cence to religion fliall increail within the country, ifles, iflets, and huild limits aforeiaid) fhall happcr. hereafter to be ere6ted ; toge- tncm. ^YicT with licence and power to build and found churches, Royal chapels, and oratories, in convenient and fit places within rights and j|-,g premifes, and to caufe them to be dedicated and confe- •^fif^J^fg^e crated according to the ecclefiaftical laws of our kingdom of nature and England : tof2;ether with all and Angular the like, and as extentaa ample rights, iurifdi6lions, privileges, prerogatives, royalties, thofeen- liberties, immunities, royal right,', and franchifes, of what the\i(hop '^'"'^ foever, temporal, as well by fea as by land, within the country, ifles, iflets, and limits aforefaid ; to have, exercife. of Due ufc ■ipl MARYLAND CHARTER. 117 ufe and enjoy the fame, as amply as any bifhop of Durham, 1 within the biflioprick or county palatine of Durham, in our kingdom of England, hath at any time heretofore had, held, ufed, or enjoyed, or of right ought or might have had, held, ufed, or enjoyed. And him thefaid now Lord Baltimore, his heirs and aligns, Savl.ipj of we do by thefeprefents for us, our heirs and fuccelTors, make, ^^'^ ^"r^i" create, and conftitute the true and abfolute lords and proprie- ?"^^°,„^^* tanes or the laid country arorelaid, and or ail other the pre-and fove- mifcs, (except before excepted^ faving always the faith and reign do- allegiance, and fovereign dominion due unto us, our heirs "i'"'0" of and fucceffors. To have, hold, poflefs, and enjoy the laid **"°" country, ifles, inlets, and other the premifes, unto the faid now Lord Baltimore, his heirs and alligns, to the fole and^^'^''"' proper'ufe and behoof of him the faid now lord Baltimore,^"™' his heirs andafTigns, for ever. To be holden of us, our heirs and fucceffors, Kings ofTenen- England, as of our caftle of Windfor, in our county of'l"'"' Berks, in free and common foccage, by fealty only, for all fervices, and not in capite, or by knights fervice ; yielding and raying therefore to us, our heirs and fuccelTors, two In- dian arrows of thofe parts, to be delivered at our laid caflle of Windfor, every year the Tuifdriy in Eafter week, and alfo the fifth part of all gold and fdver ore, within the limits aforefaid, which Ihall, from time to time, happen to be found. Now, that the faid country, thus by us granted and de-Ereft>on fcribed, may be eminent above all other parts of the faid ter-*'^'''^^^!'' ritory, and dignified with large titles, Know yc, that we, oftoaVro-"' our further grace, certain knowledge, and iT;ere motion, h;ivcvince, bjT thought fit to ereft the lame country and iflands into a pro- the name vince ; as out of the fullnefs of our royal power and preroj^a-o* Maiy- live, we do for us, our heirs and iiiceelfors, ere6l and incof- ^" ' porate them into a province, and do call it Maryland, and fo from henceforth we will have it called. And forafmuch as we have hereby made and ordained Grant of the aforefaid now Lord Baltimore, the true lord and pro-''*^ P"^^' prietary of all the province -forefaid • Know ye, therefore, J^^^'^^j^^j. that we repofing fpecial truft and confiidence in Mie tideli-,i,e faid ty, wifdom, juftice, and provident circumipc3:ion ot the province, faid r.cw Lord Baltimore, for us, our heirs and fucceflbrs, by the ad- do grant free, full, and abfolute '^^ower, by virtue of thefc^^j^^^"^*^ r/fefents, to him and his heirs, for the good and happy go-confent vernment of the faid country, to ordain, make, enact, and of the free- under his and their feai>' to publifh, a.\v laws vvhatfoever ap- men there- pertaining either unto the public ftate of the faid province, o^» o^*^^""* or ° ' m lid And of the power to execute the faid laws, and of all other judi- cial powers whatfo- ever. Provi fo that the faid laws fliall be confonant to reafon, and not re- pugnant to the lawt of England. MARYLAND CHARTER. or unto the private utility of particular pcrfons, according to their bed difcretions, by and with the advice, affent, and ap- probation of the freemen of the faid province, or the greater part of them, or of their delegates or deputies, whom for the ena£ting of the faid laws, when and as often as need (hall require, we will, that the faid now Lord Baltimore, and his heirs, {hall aflemble in fuch fort and form as to him and them {hall feem be{l, and the faid laws duly to execute upon all people within the faid province and limits thereof, for the rime being, or that fhall be con{lituted under the govern- ment and power of him or them, either failing towards Ma- ryland, or returning from thence towards England, or any other of ours or foreign dominions, by impofition of penal- ties, imprifonment, or any other puni{hment : yea, if it {hall be needful, and that the quality oi the offence require 't, by taking away members or life, either by him the faid now Lord Baltimore, and his heirs, or by his or their deputies, lieute- nants, judges, juftices, magiflrates, officers, and minifters, to be ordained or appointed, according to the tenor and true intention of thefe prefents j and likewife to appoint and efla- blifh any judges, juftices, magiflrates, and officers, whatfo- ever, at fea and land, for what caufe foever, and with what pov/er foever, and in fuch form as to the faid now Lord Bal- timore, or his heirs, fhall feem mofl convenient ; alfo to re- mit, releafe, pardon, and abolifh, whether before judgment or after, all crimes and offences whatfoever, againfl the faid laws, and to do all and every other thing or things, which unto the complete eflabiifhment of jufliceunto courts, practo- ries, and tribunals, forms of judicature, and manners of pro- ceedings, cio belong, altho' in thefe prefents exprefs mention benolmadethereot; and by judgesbythem delegated to award procels, hold picas, and determine, in all the faid courts and tribunals, all a£tions, fuits, and caufes whatfoever, as well criminal as civil, perlonal, real, mixt, and prastoreal ; which laws, fo, as aforelaid, to be publiflied, our pleafure is, and fo we enjoin, require, and command, fliall be mofl abfolute and ava lable in lawj and that all the liege people and fub- jefl:s of us, our heirs and fucceffors, do obferve and keep the lame inviolably, in thofe parts, (o far as they concern them, under the pams therein exprcffed, or to be expreffed ; pro- vided neverthclefs. That the faid laws be conforant to reafon, and be not repugnant or contrary, but, as near as conveni- ently may be, agreeable to the laws, flatutes, and rights of this our kingdom of England. And to ip- Iter the lall Ihis |em all Ithe trn- fa- MARYLAND CHARTER. 119 And foraftnuch as in the government of fo great a province. Power In fudden accidents do often happen, whereunto it will be ne- "•■**'" ceflary to apply a remedy, before the freeholders of the faid "^^j^y^^jj, province, or their delegates or deputies, can be aflembled to nances, not the making of laws ; neither will it be convenient, that in- extending ftantly upon every fuch emergent occafion, To great a multi-*? ''^*> tude ihould be called together ; therefore, for the better go- L'"[J' *^**' vernment of the faid province, we will and ordain, and by goods and thefe prefenfs, for us, our heirs and fucceflbrs, do grant unto chattels, the faid now Lord Baltimore, and his heirs, by themfelves, without an or by their magiftrates and officers, in that behalf dulv to be^^T'^'y °^ ordained, as aforefaid, to make and conftitute fit and whole- me„"*'" fome ordinances from time to time, within the faid pro- vince, to be kept and obferved, as well for the prefervation of the peace, as for the better government of the people there inhabiting, and publicly to notify the fame to all perfons "whom the fame doth or may any way concern ; which ordi- nances, our pleafure is, (hall be obferved inviolably, within the faid province, under the pains therein to be exprefled; fo as the faid ordinances be conlonant to reafon, and be not re- pugnant nor contrary, but fo far as conveniently may be, agreeable to the laws and ftatutes of the kingdom of Eng- land ; and fo as the faid ordinances be not extended in any fort, to bind, charge, or take away the right or intereft of any perfon or perfons, or of their life, members, freehold, goods or chattels. Furthermore, that this new colony may the more happily Licence to encreafe by the multitude of people reforting thither, and may *he King's likewife be the more flrongly defended from the incurfionsp 'j .'" of favages, or other enemies, pirates and robbers : therefore anji,.jj3pj we, for us, our heirs and fucceflbrs, do give and grant, by to go and ihele prefents, power, licence, and liberty, unto all the Settle them- liege people ana lubje^s, both prefent and future, for us, our^^"*".'* heirs and fucceflbrs, (excepting thofe who fliall be A^fcially jj^g j-g^^*" forbidden) to tranlport themlelves and families unto the /aid province, province, with convenient fhipping, and fitting provifions, and there to fettle themfelves, dwell and inhabit, and to build and fortify caftles, forts, and other places of ftrengih for the public, and their own private defence, at the appointment of the faid now L.ord lialtimore, and his heirs, the flatute of fugitives, or any other whatloevcr, the contrary of the premiles, in any wifenotwithftanding. And we will alio, and of our more fpccial grace, for us. General our heirs and fucceflbrs, wc do ftriftly enjoin, conftitute, denization ordain, and command, That the faid province Ihall be of our°^ ,^^ the Allegiance jj^g^j 110 MARYLAND CHARTER. province, allegiance, and that all and fingular the fubjcQs and licfe both pre- pgopie qJ u5^ qui- i^gjf, afnj fucaffors, tranfported, or to be eotne. tranfported into the faid province, and the children of them, and of fuch as fliall defcend from them, there already born, or hereafter to be born, be, and Ihall be denizens and lieges of us, our heirs and fuccelTors, of our kingdoms of Eng- land and Ireland, and be in all things held, treated, reput- ed and efteemed, as the liege faithful people of us, our heirs and fucccflTors, born within our kingdom of England ; and likcwife, any lands, tenements, revenues, fervices and other hereditaments whatfoever, within our kingdom ot Eng- land, and other our dominions, may inherit, or otherwife purchafe, receive, take, have, hold, buy and poflefs, and them may occupy and enjoy, give, fell, alien and bequeath, as likewife all liberties, franchifes and privileges, of this our kingdom of England, freely, quietly and peaceably, have and poflefs, occupy and tnjoy, as our liege people, born, or to be born, within our faid kingdom of England, without the let, moleftation, vexation, trouble or grievance of us, our heirs and fucceflbrs ; any (latute, a£t, ordinance or provifion to the contrary thereof notwithftanding. ^Tm f ^^^ furthermore, that our fubjefls may be the rather en- Jji^g^'f^'j\ouraged to undertake this expedition with ready and chear- brrty to ful minds, know ye, That we, of our fpecial grace, certain trade to the knowledge, and mere motion, do give and grant, by virtue laid pro- ^f thefe prefents, as well unto the laid now Lord Baltimore, and his heirs, as to all others who (hall, from time to time, repair unto the faid country with a purpofe to inhabit there, or to trade with the natives of the laid province, full licence to lade and freight in any ports whatfoever. of us, our heirs and fucccfTors, and into the faid province of Maryland, by them, their fcrvants or afligns, to tranfport all and fingular their goods, wares, and mcrchar.diy.cs, as likewife all forts of grain whatfoever, and all other things whatfoever neceffary for food or cloathinir, not prohibited by the laws and ftatutes of our kingdoms and dominions to be carried cut of the faid kingdoms, any ftatute, aft, ordinance, or other thing what- foever to the contrary notwithllanding, without any lett or mokftation of us, our heirs and fucceflors, or of any the heirs of us, our htirs and fucccfTors; faving always to us, our heirs and fuccefTors, the legal impofitions, cufloms, and other duties and paymcntj for the faid wares and merchan- dize, any (latute, aft, ordinance, or other thing whatfo- ever to the contrary notwithllanding. And vince. us, ■■MUMP |)e id MARYLAND CHARTER. 121 And becaufe in fo remote a country, and fituate near fo Grant of a many barbarous nations, the incurfions as well of the fava- P°^*,^ ** ges themfelvcs, as of other enemies, pirates, and iobbers,,n7m°akS* may probably be feared, therefore we have given, and for war, and us, our heirs and fucceflbrs, do give power, by ihefe pre- Jo cv^ry fents, unto the laid now lord Baltimore, his heirs and afligns,|'""8*^*^' by themfelves or iheir captains, or other their olTicirs, to ,|Jg°"{f Jg*° levy, mutter, and train all forts of mtn, of what condiiion,of a cap- or wherefoever born, in the faid province of Maryland, for ta»n-genc- the time bein|r, and to make war, and purfuc the enemies '^•'' °^ *" and robbers aforefaid, as well by fea ab by land, yea, evcn'"^'"^' without the limits of the faid province, and (by Cod's afTifl- ance) to vanquifh and take them ; and being taken, to put them to death, by the law of war, or to fave t'ucm,, at their • pleafure ; and to do all and every other thing wliich unto the charge and office of a captain-general of an army be- longeth, or hath accuftomed to belong, as fully and fnely as any captain-general of an army hath ever had the lame. Alfo, our will and pleafure is, and by this our charter, and of a \»e do give unto the faid now lord Baltimore, his heirs and pow'^'' •" afligns, full power, liberty and authority, in cafe of rebel- ^"'''Vj. lion, tumult or fedition, if any Ihould happen (which God gnj gxer-* forbid) either upon the land, within the province aforefaid, cife martial or upon the main fea, in making a voyage thither, or return- 'aw upon ing from thence by thcmfelves, or their captains, deputies, or"^^'*^"^ other officers, to be authorized under their feals for that pur- pofe (to whom we aifo for us, our heirs and fncxeffors, do give and grant by thefe prefents, full power and authority) to exerciie martial law againft mutinous and feditious pcrfons of thofe parts, fuch as Ihall refiifc to fubmit thcmlelves to his or their government, or fliall retnfe to ferve in the wars, or fliall fly to the enemy, or forfake their enfigns, or be loiterers or ftragglcrs, orotherways however offending againfl: the law, cuftoni, and difcipline military, as freely and in as ample manner and form as any captain-general of an army, by virtue of his office, might, or hath accuftomcd to ule the fame. Furihermore, that the way to honours and dignities may Grant of a not feem to be altogether precluded and fhut up to menpow^*'*° well-born, and fuch as fhall prepare themfelvcs unto this*^°" prefent plantation, and ftiail defire to defervc well of ustheinhabi- and our kingdoms, both in peace and w«r, in fo far diftant tantsofthe and remote a country : Therefore wc, for us, our heirs and^'*.''' ?^°-, fuccefforp, do give free and abfolute power unto the faid vnce, with now lord Baltimore, his heirs and afllgns, to confer favours, ^''^^ rewards m 122 titlei, being other, than tbofe ufed in England; and to rreft and incor. porate bo- roughs and 'cities, with pecuitdr privileges and immu- ntties. Liberty to export the produce of tbcfaid pro- vince into England or Ireland, and there to difpofe of them i or if they fo thinlc fit, «'iihin one year after tbey ffiall bave unla- den them in feme Eng- liib or Irifb port, to ft- port th again to any other coun- try in amity with the crown of England, Grant of a power to eieft a:id conftitute I'eaports and other phccs for lading and unlad- ing goods and mer- chandizes. MARYLAlSfD CHARTER. rewards ?,nd honours, upon fuch inhabitants, within the pro- vince aforefaid, as fliall de.erve the fame, and to inveft them with what titles and dignities foever as he (hall think fit (fo as they be not fuch as are now ufed in England,) as likewife to ereft and incorporate towns into boroughs, and boroughs into cities, with convenient piivilegcs and immunities, ac- cording to the merit o*" the inhabitants, and fitnefs of the places; and to do all and every other thing or things, touch- ing the premifes, which to him or them fliall feem meet and requifite ; albeit they be fuch as of their own nature might otherwife require a more fpecial commandment and warrant than in thcfe prefents is exprclTed. We will alio, and by thefe prefents, for u?, our heirs and fucceflbrs, do give and grant licence, by this our charter, unto the faid now lord Baltimore, his heirs and afligns, and to all the inhabitants and dwellers in the faid province aforefaid, both prefent and to come, to import, unlade, by themfelves or their fervants, factors or afligns, all merchan- dizes and goods whatfoever, that fliall arife of the fruits and commodities of the faid province, cither by land or fea, into any of the ports of us, our heirs and fucceflbrs, in our kingdoms of England or Ireland, or otherwife to difpofe ot the faid goods, in the faid ports, and if need be, within one year next after the unlading of the fame, to lade the faid merchandizes and goods again, into the fame or other fhips, and to export the fame into any other countries, either of our dominion or forei(i:n, (being in amity with us, cr heirs and fucceflbrs.) Provided always, that they pay fuch cuftonis, impofnions, fubfidies and duties for the fame, to us, our heirs and fucceifors, as the reft of our fubjet^s of our kingdom of England, for the time being, ftiall be bound to pay ; beyond which, we will not that the in- habitants of the aforefaid province of Maryland fiiall be any way charged. And furthermore, of our more ample and fpecial grace, certain knowledge, and mere molion, we do, for us, our heirs and fucceflfurs, 'grant unto the iaid now lord Baltimore, his heirs and afligns, full and abfolute power and authority to make, ere£t, and conftitute, within the faid province of Maryland, and the ifles and iftets aforefaid, fuch and fo many fea-ports, iiarbours, creeks, and other places, for difcharging an ^ unlading of goods and merchandizes out of the fliips, ' tsand other vtlfels, and lading them in inch and fo many i csj and with fuch rijihts, jurifdidioiis, and liberties, and MARYLAND CHARTER. 123 and privileges unto the faid ports belonging, as to him or them (hall feem mod expedient j and that all and fingular the (hips, boats and other veffels, which (hall come for mer- chandixe and trade into the faid province, or out of the fame (hall depart, (hall be laden or u:iladen only at fuch ports as (hall be foereOied and conftituted by the faid now Lord Bal- timore, his heirs or a(rig!is ; any ufe, cuftom, or other things to the contrary notwithftanding: faving always unto us, oursavingto heirs and fucce(rors, and to all the fubjeQs (of our .king- the King's doms of England and Ireland^ of us, our heirs and fuccef- f"^)^^.' ''' fors, free liberty ot filhing for fea fi(h, as well in the fea,£^'"|^5 bays, inlets, and navigable rivers, as in the harbours, bays, anfj^g. and creeks of the province aforefaid, and the privileges of land, the falling and drying their fi(h on the fhoreof the faid province, ''be«y of and for the fame caufe, to cut and take under-wood or ;wigs^''^l"S ^nji there growing, and to build cottages and (beds necefTary in fi(|['"^i|hTn this behalf, as they heretofore have, or might reafonably have the faid ufed ; which liberties and privileges, neverthelefs, the fubjefts province, aforefaid of us, our heirs and fuccefTors, (hall enjoy without any notable damage, or injury to be done to the faid now Lord Baltimore, his heirs or afTigns, or to the dwellers and inhabitants of the faid province, in the ports, creeks, and (bores aforefaid, and efpecially in the woods and copfes grow- ing within the faid province. And "'f any (hall do any fuch damage or injury, he (hall incur the heavy difpleafure of us, our heirs and fuccelTors, the puni(hment of the laws, and (hall moreover make fatisfafkion. We do furthermore will, appointand ordain, and by thefeGrantof a prefents, for us, our heirs and fucce(rors, we do grant unloP°*5'^*** , the faid now Lord Baltimore, his heirs and afTigns, that he the e"oy*fu"|, faid Lord Baltimore, his heirs and affigns, may from time tOcuftoms time, for ever, have and enjoy the curtoms and fubfidics inandport- the ports, harbours, and other creeks at;d places aforefaid, <*"t'^s as within the province aforefaid, payable or due for merchan- ^ ^^ . f """■ dizes and wares there to be lade^i and unladed ; the faid cuf-|},gnj J^^ toms and fubfuiies to be reafonably afTeffed (upon any occa- the aflem- fion) by themfeives and the people there, as aforefaid, to^lyofihe whom we give power, by thefe prefents, for us, our heirs P''''^'"^^" and fuccefTors, upon juft caufe, and in a due proportion, to atTefs and impofe the fame. And further, of our fpecial grace, and of our certain know- Grant of a ledge, and mere motion, we have given and granted, and l'y'^°^7land thefe prefents, for us, our heirs and fuccefTo'-.., do give and ^, ini,pji,_ grant, unto the faid now Lord Baltimore, jis. heirs and af-ancc, to be ' fi'^ns, holden ot 124 MARYLAND CHARTER. themfelyes figns, full and abfolute power, licence, and authority, that he and their^ jjjg ^^^^ ^^^ j^^^j Baltimore, his heirs and affigns, from time withftand- **> ^^^^ hereafter, for ever, at his and their will and pleafure, ing thefta-may aflign, aUen, grant, demife, or enfeoflre of the premifes, tute Siuia fomany and fuch part or parcels to him or them that (hall be emptores willing to purchafe the fame, as they (hall think fit ; to have ttrrarum, ^^^ ^^ j^^jj ^^ them the faid perfon or perfons willing to take or purchafe the fame, their heirs and alTigns, in fee fimplcj or in V fee tail, or for the term of life or lives, or years, to be hdd of the faid now Lord Baltimore, his heirs and afTigns, by fuch fervices, cuftoms, and rents, asfhall feem fit to the f.iid now Lord Baltimore, his heirs and afligns, and not immediately of us, our heirs or fucceflTors: And to the fame perfon or per- fons, and to all and every of them, we do give and grant, by thefe prefents, for us, our heirs and fucceflors, licence, au- thority and power, that fuch perfon or perfons may take the premifes, or any parcel thereof, of the faid now Lord Balti- , • more, his heirs or afligns, and the fame hold to themfelves, their heirs or afligns, (in what eftate of inheritance foever, in fee fimple or in fee tail, or olherwife, as to them and the now Lord Baltimore, his heirs and afligns, fhall feem expe- dient :) the fl:atu:e inade in the parliament of Edward, fon of King Henry, late King of England, our predeceflfor, com- monly called the ftatutc **Qiiia emptores terrarum," lately publiflied in our kingdom of England, or any other ftatute, a£t, ordinance, ufc, law or cuftom, or any other thing, caufe or matter thereupon heretofore had, done, publifhed, ordain- ed or provided to the contrary, in any wife notwithftanding. And by thefe prefents we give ?.nd grant licence unto the faid now Lord Baltimore and his heirs, to ere£l: any parcels of land within the province aforcfaid into manors, in every the faid manors to have and to hold a court of Baron, with all th'mgs whatfoever which to a court Baron do belong, and to have and to hpld view of frank pledge (for the confervation of the peace, and the better govcrmtient of thofe parts) by themfelves or their ftewards, or by the lords, for the time being, of other manors to be deputtd, when they fhall be ereSed, and in the fame .o ufe all things belonging to view of frankpledge. And lurlher our pleafure is, and by thefe prefents, for us, (hallbeim-our heirs and fucceflors, we do covenant and grant to and pofedby ^jtj^ ^)^^ f^j^j ^^^ \_,oxdi Baltimore, and his heirs and afligns, *Vir lEjthat we, our heirs and fucceflors, fliall at no time hereafter Ift or make, or caufe to let any mnpofition, cultom, or other taxation, power to ereft ma- nors. No taxes upon the inha- ■MB ■m MARYLAND CHARTER. 12$ s. taxation, rate, or contribution whatfoever, in and upon the Vitants of dwellings and inhabitants of the aforefaid province, for their *^'' P"*' lands, tenements, goods, or chattels within the faid province,^'""' or in or upon any goods or merchandize within the faid pro- vince, or to be laden. or.uyltden within the ports or harbours of the faid province. And our pleafure is, and for us, our heirs and fuccflbrs, we charge and command, that this our declaration fhall henceforward, from lime to time, be re- ceived and allowed in all our courts, and before all the judges of us, our heirs and fucceflpors for a fufficient and lawful dif- chargti, payment and. acquittance; commanding all and fin- gular our officers and miniflers of us, our heirs and fncceflfors, and enjoining them, upon pain of our high difpleafure, that they do not prefume, at any time to attempt any thing to the contrary of the premifes, or that they do in any fort with- fland the fame; but that they be at all times aiding and aflift- ing, as fitting, unto the faid now Lord Baltimore, and his heirs, and to the inhabitants and merchants of Maryland aforefaid, their fervants, minifters, faftors, and afligns, in the full ufe and fruition of the benefit of this our charter. And further our pleafure is, and by thefe prefents, for us. This pro- our heirs and fuccefTors, we do grant unto the faid now Lord vince ihall Baltimore, his heirs and afligns, and to the tenants and inha-"°* ^^* bitants of the faid province of Maryland, both prefent and to^^^,."^^^ come, and to every of them, that the faid province, tenants ny, hut and inhabitants of the faid colony or country, fhall not fromfli^H be a henceforth be held or reputed as a member, or as part of ^'^P^^'* the land of Virginia, or of any other colony whatfoever, now ^^^yj^^^^' tranfported or hereafter to be tranfported ; nor fhall be de-thecrcw-n pending on, or fubjefb to their government in any thing, of Eng- from whom we do feparate that and them. And our pleafure ^^nd, and is, by thefe prefents, that they be feparated, and that they be '^^P.'"'^'"S fubjed immediately to our crown of England, as depending thereof for ever. And if perchance hereafter it fhould happen any doubts or ^^^ n,a*iiall queflions fhould arile concerning the true fenfe and under- ways be fianding-of any word,claufe, or fentence contained in this ourconftrued prefent charter, we will, ordain and command,thatatall times, >" favour and in all things, fnch interpretations be made thereof and al- ^^ lowed, in any of our courts whatfoever, as fhall be adjudged mofl: advantageous and favourable unto the faid now Lord Baltimore, his heirs and afTigns : provided always, that no interpretation be admitted thereof, by which God's holy and truly Cbriftian religion, or the allegiance due unto us, our heirs I^BIP 126 MARYLAND CHARTER. heirs and fucceflbrs, may fufFer any prejudice or dlminu- n'4fi' tion; although exprefs mention be not made in thefe prc- fentsof the true yearly valu6 of certainty of the premifes, or of any part thereof, or of other gifts and grants made by us, our progenitors or predeceffors, unto the faid now Lord Baltimore, or any (latute, aft, ordinance, provifion, pro- clamation, or reftraint heretofore had, made, publiflied, ordained, or provided, or any other thing, caufe, or matter whatfoever to the contrary thereof, in any wife notwith- ftanding. In witnefs, &c. Witnefs Ourfelf at Weftminfter, the twenty-eighth day of June, A, D. 1632, in the eighth year of our reign. '>\. ^ '' -.j?1 ,: r, • 9.ii o- jf , , .!ij .,_ avji . . • f.f. .t • By Writ of Privy Seal. ,,., i ., . t^ .. . .. . J , , ', l: ,^ ,. .,,^J -,;j, ^.-^-J ^^(j Q,Jj.; ;_,... V - •'■ .'••■r-t ,' (..: . , .... ■in ;i; '!"i'.''' ■:;'.♦ *; •>;tt ■■ -!.» i». ! ■.iLW.d '..Ir. ■: i V:>i; ' z: srJ '• ^1 ■ -: >h ^\ . '.■- i Sj ' i -.;a« 'i'5M^i«- r i 'OTr c3.;. : Jii' uqs- 1»» !'■' h;nr:n'?J- I. «. ■ . . . ' , ' '"■■■if ■ ' GEORGIA / { ill ) GEORGIA CHARTER. Granted by King George the fecond, in the Fifth '.Y Year of his Reign. GEORGE the Second, by the grace of God, of Great Britain, France and Ireland, king, defender of the faith, &c. to all to whom thefe prefents (hall come, greetings Whereas we are credibly informed, that many of our poor fubjeds are, through misfortunes, and want of employments, reduced to great neceflltiei, inafmuch as by their labourthcy are not able to provide a maintenance for themfelres and families ; and if they had means to defray their charge of paflTige, and the expences incident to new fettlements, they would be glad to be fettled in any of our provinces in Ame- rica, where, by cultivating the lands at prefent wafle and defojate, they might not only gain a comfortable fubfiflence for thcmfelves and faniilies^ but alfo flrengthen our colonies, and increafe the trade, navigation and wealth of thefe our realms : and whereas our provinces in North America have been frequently ravaged by Indian enemies, more efpecially that of South Carolina, which in the late wai, by the neigh- bouring fava^es, was laid wade with fire and fword, and great numbers of the Englifh inhabitants miferably maflfacred; and our loving fubje£ls, who now inhabit there, by reafon of the fmallnefs of their numbers, will, in cafe of any new war, be expofed to the like calamities, inafmuch as their whole fouth»'.rn frontier conlinueth unfettled, and lieth open to the faid f^vages : and whereas we think it highly becom- ing our crown and royal dignity to proteft all our loving fub- jefts, be they never fo diftant from us, to extend our father- ly compaflion even to the meaneft and mod unfortunate of our people, and to relieve the wants of our above-mentioned poor fubjedis; and that it will be highly conducive for accomplilh- ing thofe ends, that a regular colony of the faid poor people be fettled andedabliflied in the fouthern frontiers of Carolina: and whereas we have been well affured, that if we would be mofl gracioudy pleafed to ered and fettle a corporation for the receiving, managing, and difpofing of the contributions of oUr loving fubjeds, divers perfons would be induced to contribute to the ufes and purpofes aforefaid : Know ye, therefore, that we have, for the confiderations aforefaid, and for ■I U; V, , ,,"(■.■ 1. ^ I' i' 12S GEORGIA CHARTER. for the better and more orderly carrying on the faidgood pur- pofes, of our fpeclal grace, certain knowledge, and nwsre mo- tion, willed, ordained, conftituted and appointed, and by thefe prefents, for us, our heirs and fuccefli^r^, do ycill, or- Incorpora- ^*'"' conftitute, declare and grant, That bur right trufty tionof di- ^^^ well-belovcd John Lord Vifcount Percival, of our king- vcis per- dom of Ireland, our trufty and well beloved Edward Digby, fons into George Carpenter, James Oglethorpe, George Heathcote, ^'JJfjHy^j Thomas Tower, Robert Moor, Robert Hucks, Roger Hol- corpontc. '^"^'i William Sloper, Francis Eyks, John Laroche, James Vernon, William Balitha, efquires ; Stephen Hales, mafter of arts, John l^nrton, bachelor of divinity, Richard Bundy, mafter of art?, Arthur Badford, mafler of arts, Samuel Smith, mafter bf arts, Adam Anderlon, and Thomas Coram, gen- tlemen, and fuch other perfons as ftiall be clewed in the man- ner hereafter mentioned, and liieir lucceflbrs, to be clededin m.inner as herein after is direfted, be, and (hall be one body Name of politic and corporate, in deed and in name, by the name of the corpo-TheTruftees for eft^blifhing the Colony of Georgia in Ame- ranon. j^ij.^ . ^^j them and their fucceflbrs, by the fame tiame, we do, by thefe prefents, for us, our heirs and fuccefTors, really and fully make, ordain, conftitute and declare to be one bo- dy politic and corporate, in deed and in name, for ever ; Perpetual ^^^ ^^^^ ^V ^he fame nar.ie they, and their fucceffors (hall lucceiRon. and may have perpetual fuccelTion ; and that they, and their fucce(rors, by that hame, (hall and may for ever hereafter be w pur'c7afeP^''^"^ able and capable in the law to purchafe, have, take, lands iu receive, and enjoy to them, and their fucceflFors, any manors. Great Bri- meffuages, lands, tenements, rents, advowfons, liberties, tain, to the privileges, jurifdidions, franchifes, and other hereditaments ^^'"^ 1°^ .whatfoever, lying and being in part of Great Britain, of annuin/ ' whatfoever nature, kind, and quality they be, in fee and in perpetuity, not exceeding the yearly value of one thoufand pounds beyond reprifes, alio e(^ates for lives and for years, and all other manner of goods, chattels, and things whatfoever, of what name, nature, quality, or value foever they be, for Power to the better fcttline, fupporting, and maintaining t!ie faid co- niakeleal'eslony, and Other ufes aforefaid ; and to give, grant, let, and fl^lu;!^?!™^ demife the faid manors, meffuages, lands, tenements, here- ditaments, goods, chattels, and things whatfoever aforefaid, by leafe or leafcs, for term of years, in po{rc(rion at thetime of granting thereof, and not in reverfion, not exceeding the termofonc-and-thirty years from the time of granting there- of, on which, in cafe no fine be taken, (hall be referved the full value, and, in cafe a fine be taken, (hall be referved at leaft for thirty- one years. GEORGIA CHARtER. 129 Uiid a moiety of the full valuci tha^ the farrtefhaH reafona-Po^«' •• biy and bona fide be vvorih at the time of fuch demifc ; antlj'"^^!!'*^ a, that they, and their fucccflbrs, by the name afurcfaid, {hallmeriu in and may, for ever hereafter, be peifons able and capable in*."'' ^*^' the law to purchale, have, talte, receive, and enjoy, to them'"^' and their fucceflbrs, any lands, territories, poflefTions, tene- ments, jurifdiftions, (ranchifes, and othr hereditaments whatfoevcr, lying and being in America, of what quantity, quality, or value focvcr they be, for the better fettling, {\x'^- portingi and maintaining the faid colony ; and that by the^'''"^^''|^ name aforefaidj they fhall and may be able to fue and be fu-fued. cd, plead and be impleaded, anfwer and be anfwered unto, defend and be defended, in all courts and places w^atfoever, and befoie whatfoever judges, juftices, or other officers, ot" its, our heirs and fuccelfors, in all and lingular a6^ions, plaints, pleas, matters, fuits, and demands, of wkat kind, nature, or quality foever they be \ and to a£t and do all other matters and things in as ample manner and form as , any other our liege fubjefts of this our realm of Great Bri- tain ; and that they, and their fucceflbrs, for ever herereafter, Hiall and may have a coinmon feal, to ferve for the caufesA coribm and bufinefs of them, and tneir fucceflbrs j and that it fliaU***'* and may be lawful for them^ and their fucceflbrs, to change, break, alter, and make new, the faid feal from time to time, and at their pleafure^ as they Ihall think beft. And we do further grunt, for us, our heirs and fucceflbrs, that the faid corporation, and the common council of the faid corporation herein after by us appointed, may, from time to time, and at all times, meet about their affairs, when and where they pleafe, and tranfad and carry on the bufineis of the faid cor- poration. And for the better execution of the purpofes afore- faid, we do, by thefe prcfents, for us, our heirs and fuccef- V fors, give and grant to the faid corporation, and their fuc- - ceflbrs, that they, and their fucceflbrs, for ever may, upon the third Thurfday in the month of March, yearly, meet at fome convenient place, to be appointed by the faid corpora- tion, or the major part of them who fhall be prefent at any meeting of the faid corporation to be had for the appointing of the faid place ; and that they, or two thirds of fuch of them that Ihall be prefent, (hall, at fuch yearly meeting, and at no other meeting of the faid corporation, between the hours of ten in the morning and four in the afternoon of the . fame day, chufe and eletl fuch perfon or perfons to be mem- bers of the faid corporation as they fliall think beneficial to the good defigns of the faid corporation. And our further will arid plcafure is, that if it fliall happen that any of thej)erfons herein * I , .,: after . ' . >•• 'H jr i3<* GEORGI'A CHARTEk. 'after By vis appointed as the ;ommmon council of the fai^ I 132 ^ tSEORGIA CHARTER. touncil of the faid corporation refpeCtively, unlefs it fhall fo happen, that at any filch meeting of the faid corporation therd (hall not he any other member of the faid common-counencfit, any office, place ©r employment of profit under the faid corporation, fhall be incapable of being elefted a member of the faid corpoi ition : And if any member of tlie faid corporation, during fuch time a? '-iii (hall continue a member thereof, (hall in his own name, or in the name of any perfon or perfons in truft for him, or for his benefit, have, hold, exereife, accept, poflefs or enjoy any office, place or employment of profit under the common- council of the faid corporation, iuch member (hall, from the time of fuch having, holding,- exercifing, accepting, pofTefTing and ojijoying fuch office, place or employment of profit, ceafe to be a member of the iaid corporation. , , And wc do for us, our heirs and fucccftors, grant unto the (aid ... . corporation. ■»¥■ 1,,IW««MIW!#- GEORGIA CHARTER. t33 corporation,^ and their fucccffors, that they, and their fucceflbrs, or the major part of fuch of them as (hall be prefcnt at any meet- \ ing of the faid corporation, convened and affembied for that ' purpofe, by proper and convenient notice thereof, fhall have power, from time to tin^e, and at all times hereafter, to au- thorize and appoint fuch perfons as they fliaU think fit, to take fubfcriptions, and to gather and colleft fuch monies as fhall be by any perfon or perfons contributed for the purpo- fe9 aforefaid, and (hall and may revoke and make void fuch author!" 38 and appointments as often' as they (hall fee caufe fo to do. And we do hereby for us, our heirs and fucceflbrs, ordain and direft, that the faid corporation Ihall every year ^ lay an account in writing before the chancellor, or keeper, or commiflioners for the cuftody of the great feal of Great Britain, of us, our heirs and fucceilbrs, the chief juftice of the court of king's bench, the mafter of the roUs, the chief juftice of the court of common pleas, and the chief baron of the exchequer, of us, our heirs and fucceflbrs, for the time baia^, or any two of them, of all monies or eflfe6is by them ec dor expended, for the carrying on the good purp( i >:...Uaid. And we do hereby for us, our heiijs and^^^^*^ '^ fpcceffors, give and grant unto the faid corporation, andby-laws. their fucce{k)rs, full power and authority to conftitute, or- dain and make fuch and fo many by-laws, conftitutions, orr ders and ordinances, as to them, or the greater part of them, at their general meeting for that purpofe, {hall feem meet, neceflary and convenient for the well ordering and governing the faid corporation ; and the faid by-laws, conftitutions, orders and ordinances, or any of them, to alter and annul, as they, or the major part of them then prefent, fliall fee re- quifite ; and in and by fuch by-laws, rules, orders and or- dinances, to fet, impoic and inflift reafonable pains and pe- naliies upon any r if niier or offenders who fliall tranfgrefs, break or violate ..c '^il by-laws, conftitutions, orders and ordinances, fo n^. ,, J ;;*brefaid, and to mitigate the fame, as they or the major p;, c a' thQm tben prefent fliall find caufe; which faid pains and pei^ities (hall and may be levied, fued for, taken, retained and recovered by the faid corporation, and their fucceflbrs, or by their officers a*'-! fervants, from time to time to be appointed for that purpofe, by aftion of debt, or by any other lawful ways and means, to the ufe and l^ehoof of the faid corporation, and their fucceflbrs ; all and fmgular which by-laws, conftitutions, orders and ordinances ibas aforefaic :. be made, we will fliall be duly obfervedand tept, under m ?■ ,>ains and penalties therein to be contained ; i ^1 isrge of Imrf to the fa id cor poration. 134 GEORGIA CHARTER. fb always as the faid by-laws, coriftitutions, orders and or- dinarices, pains and penalties from time to time to be made • and impofed, be feafonable, and not contrary or repugnant ■ to the laws and ftatutes of this our realm; anH that fuch by- laws, conftitutions and ordinances, pains ^^nd penalties . jFrom time to time to be made and impofed, and any repeal or alteration thereof, or of any of them, be likewife agreed to, be eftabliflied and confirnied by the general meeting of the faid corporation, to be held and kept next after the fame (hall be refpectively made. And whereas the faid corporation in- tend to fetile a colony, and to make an habitation and plan- tation in that part of our province of South Carolina in America herein after defcribed : Know ye therefore, that ■we, greatly defuingthe happy fuccefs of the faid corporation, for their future encouragement in accomplilhing ib excel- lent a work, have 6f our fpecial grace, certain knowledge and mere motion, given aha grantied \ id by thefe prefents. Grant cf a for US, our heirs atid fucceflbrs, do ^. id grant, to the isrce trait |-^jj Corporation, and their fucceflbrs, u, the refervations limitations and declarations hereafter exprclTcd, feven undi- vided parts (the whole into eight equal parts to be divided) of thole lands, countries and territories, fituate, lying and being in that part of South Carolina in America, which lies from the northern flream of a river there commonly cal- led the Savannah, all along the fca cOafl to the fouthward, unto the moll fouthern ftream of a certain other great water or river called the Alatamacha, and wertward from the heads of the faid rivers refpeflivcly in difefl: lines to the fouth feas, and all that fpacc, circuit and precinfl of land lying within the faid boundaries, with the illarids in the fea, lying oppo- fjte to the eaftern coafl of the faid iflarids, within twenty leagues of the fame, which are not already inhabited, or fet- tled by any authority derived from the crown of Great Bri- tain, together with all the" foils, 'grounds, havens, ports, gulphs and baj's, mines, as well as royal mines of gold and filver, as other minerals, ' precious (lones, quarries woods, rivers, waters, fifhings, as well royal fifhings of whale and ft urge on as other fiihings, pearls, commodities, jurildiSions, royalties, franchifes, privileges and pre-emi- nences, within the faid territories, and the prtcin£ls there- of, and thereunto in any fort belonging or appertaining, and Which we by our letters patent may or can grant, and in as ample manner and fcrt as we, or any of our royal picgenitors, have hitherto granted to any company, body politic or corpo- rate, or to any adventurer or adventurers, undertaker or un- dertaker* * i r a c i i t c »■ pEORGIA GHARTER. ?3$ jjertakers of ^ny difcoveries, plantations or traffic of, in or into any foreign parts whatfoever, and in as large and ample manner as if the' fame were herein particularly mentioned and expreffed. To ^ave, hold, pofiefs and enjoy the faid feven Habendum. undivided parts (the whole into eight equal parts to be divi- ded as aforefaid) of all and fingular the faid lands, countries and territories, with all and fingular other the prcmifles here- in before by thefe prefents granted or mentioned, or intended to be granted, to them the fai^ corporation, and their fuc- ceflbrs for ever, for the better fupport of the faid colony. To be holden of us, our heirs and fucceflbrs, as of our ma- Tenendum, nor of Hampton Court, in our county ojf Middlefex, in fee and common foccage, and rot in capite j yielding and pay- Quit-renu ing therefore to us, our heirs and fucceflbrs, yearly for ever, the fum of four (hillings for every hundred acres of the flud lands which the faid corporation fhall grant, demife, plant or fettle, the faid payment not ti commence, or be made, un- til ten years after fuch grant, demife, planting or fettling, and to be anfwcred and paid to us, our heirs :nd fucceflbrs, in fuch manner, and in fuch fpecies of money or notes as (hall be current in payment by proclamation, from time to time, in our faid province of South Carolina; all whigh ^'"'''^'pn oh lands, countries, territories and premifles hereby granted or hnds^herc- mentioned, or intended to be granted, we do by thcfe pre- by granted, fents make, ereft and create one independent and feparate'"**' \^'^T' province, by the name of Georgia ; by which name we willn','J^e oV * the fame henceforth to be called, and that all and every per- Georgia. fon and perfons who fhall at any time hereafter inhabit or refide within our faid province, fliall be and are hereby de- clared to be free, and Ihall not be fubje£l to, or be bound to obey, any laws, orders, ftatutes or conftitutions wliich have \ieen heretofore made, ordered, or enabled, or which hereaf- ter ftiall be made, ordered, or enafted, by, for, or as the laws, orders, ftatutes or conftitutions by our faid province of South Carolina (lave and except only the command in chief of the militia of our faid province of Georgia to our governor for the time being of South Carolina, in manner herein after declared) ; but ihall be fubjeft to and bound to obey fuch lav/s, orders, ftatutes and conftitutions, as ftiall from time to time be made, ordered and enafted for t|ie better government of the faid province of Georgia, in the manner herein after • • • •determine > 1 r; , 1 GEORGIA charter; determine and appoint fuch reafonablc falaries, perquifitesjj or other rewards, for the labour or Cervices of fuch officers, fk-rvants and perfons, as to the faid common council (hall feem meet ; and all fuch officers (hall, before they a6t in their refpeftive offices, take an oath, to be to them admi- niftered by the chairman for the time beir\g of the faid com- mon council of the faid corporation, who is hereby autho- rized to adminifter the fame, for the faithful and due execu- tion of their refpe£tive pffices and places. And our will and pleafure is, that all and every perfon and perfons, who fhall from time to time be chofen and appointed treafurer or trea- furers, fecretary or fecretaries of the faid corporation, in manner herein before direfted. {hall, during fuch time as they ftiall ferve in the faid offices refpeQ:ively, be incapable of being a membei of the faid corporation. And we do fur- ther of our fpecial grace, certain knowledge, and mere mo- tion, for us, our heirs and fucceflbrs, grant by thefe pre- fents to the faid corporation, and their fucce{][brs , that it (hall be lawful for them, and their officers or agents, at all times hereafter, to tranfport and convey out of our realm of Great Britain, or any other our dominions, into the faid province of Georgia, to be there fettled, all fuch andfo many of our loving fubjefts, or any foreigners that are willing to become our fubjefits, and live under our allegiance in the faid colo- ny, as fhall willingly go to inhabit and refide there, with fufficient (hipping, armour, weapons, ordnance, munition, powder, (hot, victuals, and fuch merchandize or wares as are efteemed by the wild people in thofe parts, cloathing, implements, furniture, cattle, horfes, mares, and all other things neceflary for the faid colony, and for their ufe an4 defence, and trade with the people there, and in paffing and returning to and from the fame. Alfo we do, for us, our heirs and fucceffors, declare by thefe prefents, that all and every the perfons, which fhall happen to be born within the faid province, and every of their children and pofterity, fhall have and enjoy all liberties, franchifes, and immunities of free denizens, and natural-born fubjects, within any of our dominions, to all intents and purpofes, as if they had been abiding and born within this our kingdom of Great Britain, or any other of our dominions. And for the greater eafe and encouragement of otir loving fubjefts, and fuch others as fliall come to inhabit in our faid colony, we do, by thefe prefents, for us, our heirs and fucceflbrs, grant,' efta-: blifli and ordain, that for ever hereafter there fliall be a li- berty of confcience allowed in the worfliip of God, to all per- fons inhabiting, or which fliall inhabit, or be refident within >'■•' General de* nization of all perfont that (hall he born in that province. Liberty of confcience and free ex« ercjfeoftheir religion toa|[ perfons, ex« cept PdpJIls. l»ower to affign por- tions of land to per fons who JSSf GEORGIA CHARTER. our fald province ; and that all fuch perfons (except Papifts) ftiall have a free exercifc of their religion, fo they be con- tented with the quiet and peaceable enjoyment of the fame, not ^ving offence or fcandal to the government. And our further will and pleafure is, and we do hereby for us, our heirs and fucceflbrs, declare and jrant, that it (hall and may be lawful for the fr --^ co*Tii»_,n council, or the major part of •re willing them aflcmbled for mat v. ole, in the name of the corpora- nLnu°™* tion, and »ncjr ;ir coi mon feal, to diftribute, convey, '"' aiEg' and fet over fuch particular portions of the lands, te- nements, and hereditanrtents, by thefe prefents granted to the faid corporation, unto fuch of our loving fubjects, natu- ral-born, or denizens, or others that ihall be willing to be- come our fubjefts, and live under our allegiance in the faid colony, upon fuch terms, and for fuch eft^tes, and upon fuch rents, refervations, and conditions, as the fame may lawfully be granted, and as to the faid common council, or the major part of them foprcfent, fhall feem fit and proper. Provided always, that no grant fhall he made of any part of the faid lands unto any perfon, being a member of the faid Corporation, or to any other perfon in truft for, or for the benefit of any member of the faid corporation j and that no perfons having any eftate or intereft in law or equity in any part of the faid lands, (hall be capable of being a member of the faid corporation, during the continuance ot fuch eftate or Ko one intereft. Piovided alfo that no greater quantity of the faid hav*'"m"e^^^"^ be granted either entirely, or in parcels, to, or to the than SCO "fe of, or in trull for, any one perfon, than five hundred acres. acrcs ; and that all grants made contrary to the true intent Sttte oaths ^"^ meaning hereof fhall be abfolutely nuU and void. "And, orfolemnaf-we do hereby grant and ordain, that fuch perfon and perfons *"h*''T*' forttict''"^ being, as fhall be thereunto appointed by the faid ntftercd "'corporation, fhall and may, at all times, and from time to' ail perfons time hereafter, having full power and authority to admi- h^"fiKi fi/n ^'^^^ ^"^ B'^^ ^^^ oaths appointed by an a6t of parliament made in the firft year of the reign our late royal father, to be taken inftead of the oaths of allegiance and fupremacy, and alfo the oath of abjuration, to all and every perfon and per-. fons which fhall at any time be inhabiting or refiding withiii our faia colony, and in like cafes to adminiftcr the folemn '^^? . affirmation to any of the perfons commonly called Quakers, in fuch manner as hy the laws of our realm of Great Britain power to (i^e fanje fnay be adminiftered. And we do of our further oTj^dkT/** grace, certain knowledge, and mere motion, grant, eftabiiOi to tns lin- habitthefaid province^ lure. V and ordain, for us, our heirs and fucceffors, that the faid corporation, and their fucceflbrs, fhall have full power and authority, /• • • , » GEORGIA CHARTER. w authority, for and during the term of one-and-twenty yeafai, to commence from the date of thefe our letters patent, tq fcreft and conftitute judicatures and courts of record, or other courts, to be held in the name ofus, our heirs and fucceflbrs, for the hearing and determining of all manner of crimes, offences, pleas, procefles, plaints, a(9:ions^ matters, caufes, and things whatfoever, arifing or happening within the faid province pf Georgia, or between perfons inhabiting or refiding there, whether the fame be criminal or civil, and whether the fai4 crimes be capital or not capital, and whether the faid plea?^ be real, perfonal or n\ixed, and for awarding and making out executions thereupon ; to which courts and judicatures we ■■■■■-. "•■;^. ■ ■ ' ring ^^J GEORGIA CHARTER, ring our higheft difpleafure. Provided always, and our fur- ther will and plcafure is, that all leafes, grants, and con* veyanccs to be pnade by or in the name of the faid corpora- tion^ of any lands within the faid province, or a menioiial containing the fubftance and efFecl thereof, (hall be rcgiftcr- ^d with tne auditor of the plantations of us, our heirs or fueceflbrs, withip the fpace of'one year to be computed from the date thereof, otherwife thp farpe (hall be void. And our further will and pleafurc is, that the rents, ilTues, and all other profits, which (hall at any time hereafter come to the faid corporation, ifluing or arifing put pr from the faid pro- vince, or out of or fropn any part or parcel of the fame, {hall, from time to time, and at all time? hereafter, be laid cut and applied in fuch expences, gn^ in fuch manner, as the faid cuir.mon-ccuncil of the faid corporation, or the major part of fuch ot them as (hall be prefent at any meeting for that pur- pofe alTembled, (hall think will moil improve and enlarge the faid colony, and beft anfwqr the good purpofts herem before mentioned, and fof defraying ^\[ othef charges about the fume. And our will and pleafure i?, that the faid corpo- ration, and their fuccc(rors, (hall, from time to time, give, unto one of the principal fecrctaries of (late, and to the C9m- miflionersof trade and plantations, accounts of the piogrefs of the faid colony. And our will and pleafure is, that no aftdone at any meeting of the faid common-cpuncil: of the faid corporation (hall be cflFcdual and valid, unlefs eight members at leaftof the faid common-council, including the member who fhall ferve as chairma.n at the f>l>d meeting, b^ prefent, and the majoi part of them confenting thereunto. And cur will and pleafure is, that the common-cpuncil of the faid corporation, for the time being, pr the major part of them who (hall be rrefcnt, being ailembled for that pur- pofe, (hall, from tuiic to time, for, during, and until the full end and expiration of twenty-one years, to comriiencq from the date of thefe our letters patent, have full power and authority to nominate, make, conftitute, ^ommiiTion, ordain, and appoint, by fuch nam€ or names, ftyle or Oyles^' as to them,(h; 11 feem meet and fitting, all and fmgular fuch, ■ governors, judges, magiftrates, miniHers, and ofhcers, civi| and military,, both by fea and land, wjthin the faid diflrid, :' m . as (hsU by thcjn be thought fit. and needful to be made or ufed for the government of the faid colony (fave always and except fuch cfFicers only as (hall by us, cur heirs and fue- ceflbrs, be from time to time conftituted and appointed foi: ^■\. ' the managing, coll"6ling, ..nd receiving fuch levenues as fhall, frcm time to time, arife within the faid j-rovirce cf .■•.- «. . Cecr-ia^ gO) the 1-^. GEORGIA CHARTER. I4< Georgia, and become due to us, our heirs and fucccflbra) provided always, and it is our will and pleafure, that every governor of the faid province of Georgia, to be appointed by the common-council of the faid corporation, before he (hall enter upon or execute the faid office of governor, fliall be ap- proved by us, our heirs or fucceflbrs, and (hall take fuch baths, and fhail qualify himfelf in fuch manner, in all ref- jpe£ls, as any governor or commander in chief of any of our colonies or plantations in America are by law required to do; and (hall give good and fufficient fecurity for obferving the feveral ads of parliament relating to trade and navigation, and to obferve and obey all in(l:ru6lions that (hall be lent to him by us, our heirs and fucceflbrs, or any adling under our or their authority, purfuant to the faid a£ts, or any of them. And we do by thele prefents, for us, our heirs or fucceflbrs, \vill, grant, and ordain, that the faid corporation, and their fucceflbrs, (hall have full power, for and during, and until the full end and term of one-and-twenty years, to commence from the date of thefe our letters pa»:ent9, by any comman- der, or other officer or officers, by them for that purpofo, from time to time, appoint to train, inftruft, exercife, and govern a militia for the fpecial defence and fafety of our fatd colony, to alTemble in martial array, and put in warlike pofture, the inhabitants of the faid colony, and to lead and eondudt them, and with them to encounter, expulfe, repel, refift, and purfue, by force of arms, as well by fea as by land, within or without the limits of our faid colony, and alfo to kill, flay, c::ftroy, and conquer, by all fitting ways enterprizes and means whatfoever, all and every fuch perfcHi and perfons as (hall at any time hereafter, in an hoftile man- ner, attempt or enterprise the deftruftion, invafion, detri- ment, or annoyance of our faid colony; and to r> and ex- ercife the law martial in time of adtual war, invafion, or re- bellion, in fuch cafes where, by the law, the fame may be ufed or exercifed ; and aUb, from time to time, to eveSt forts, and fortify any place or places within our faid colony, and the fame to furnifh with all neceffary ammunition, pro- vifion, and flores of war, for offence and defence; and to commit, from time to time, the cuftody and government of the fame to fuch pcrfon or perfons as to them (hall feem meet, and the faid forts and fortifications to deniolifh at their pleafure; and to take and furprife, by all ways and means whatfoever, all and every fudi perfon Or perfons, with their fhips, arms, ammunition, and other goods, as fnall in an hollile manner invade, or attempt the invading, conquering, or umioving cf our laid colony. And our will and pleafure / . is. li-. r 'Ma tJEObCJtA CHARTER. 18| and we do hereby, for us^ our heirs and fucceilbrs, de^ clare and grant, that the governor or commander in chief of the province pf South Carohna, for us, our heirs and fuccef- fors, for the time being, Ihail at ail times hereafter have the chief command of the militia of our faid provin<.e hereby creded and eftabliflied ; and that fuch militia (hall obferve and obey all orders and dir^ions that ihall from time to time be given or fent to them by the faid governor or corrjmander in chief; any thing in thefe prefertts before contained to the contrary thereof, in any wife, notwithftanding. And of our cfpecial grace^ certain knowledge, and mere motion, .. e have given and granted, and by thefe prefents, for us, our heirs and fucceffors, do give and grant, unto the faid corporation, and their fucceflbrs, full power land authority to import and ^ export their goods, at and from any port ol* ports that fhall be appointed by us, our heirs and fucceflbrii, within the faid province of Georgia, for that purpofe, without being oblig- ed to touch at any other port in Carolina. And we do by thefe prefents, for us, our heirs and fii/cceffors, will and declare, that from and after the dr .rmihation of the faid term of one-and-twenty years, fuch rorm of government and method of making laws, ftatutes, and ordinances, for the better governing and ordering the faid province of Georgia, and the inhabitants thereof, (hall be eftablifhed and obferved within the fame, as we, our heirs or fucceflbrs, fhall hereafter ordain or appoint, and ihall be agreeable to law ; and that tfrom and after the determination of the faid term of one-and- twenty years, the governor of our faid province of Georgia, and all officers, civil and military, within the fame, fhall, from time to time, be nominated, conflituted, and appoint- ed by us, our heirs and fuccefTors. And laftly, we do here- by for us, our heirs and fuccefTors, grant unto the faid cor- poration, and their fuccefTors, that thefe our letters patents, or the inrolment or exemplification thereof, fhall be in and by ail things good, firm, valid, fufficient, and efFcdual in the law, according to the true intent and meaning thereof, and fhall be taken, conflrucd, and adjudged in all our courts, and clfewhere, in the mofl favourable and beneficial fenfe, and for the beft advantage of the faid corporation, and their f fTors; any omiffion, imperfedion, defeft, matter, cauie thing whatioever, to the. contrary in any wife notvvith- nding. In wltnefs whereof, we have caufed thefe our let- . »ers to.be niade patents. Witnefs ourfelf at Wellminfter, the ninth day of June, in the fifth year of our reign. By JVrit of Privy Seal. Signed COCKS. ; F I N 1 S. ) I ip^ <^^^