« PreviousContinue »
our province of the Massachusetts Bay, in New-England; and of our especial grace, certain knowledge, and mere motion, we have given and granted, and by these presens, for us, our heirs and successors, do give and grant, unto our good subjects the inhabitants of our said province or terriextent toiy of the Massachusetts Bay, and their successors, all that an/ bounds Part of New-England, in America, lying and extending of that pro- from the great river commonly called Monomack, alias Mevince. rimack, on the north part, and from three miles northward of the said river to the Atlantick or Western Sea or Ocean on the south part, and all the lands and hereditaments whatsoever, lying within the limits aforesaid, and extending as far as the outermost points or promontories of land called Cape-Cod and Cape-Malabar, north and south, and in latitude, breadth, and in length, and longitude, of and within all the breadth and compass aforesaid, throughout the main land there, from the said Atlantick or Western Sea and Ocean, on the east part, towards the South Sea, or westward, as sar as our colonies of Rhode-Island, Connecticut, and the Narraganset country. And also, all that part and portion of main land, beginning at the entrance of Piscataway Harbour, and so to pass up the same into the river of Newichwannock, and through the same into the furthest head thereof, and from thence north-westward, till one hundred and twenty miles be finished, and from Piscataway Harbour's mouth aforesaid, north-eastward along the sea coast to Sagadohock, and from the period of one hundred and twenty miles aforesaid, to cross over land to the one hundred and twenty miles before reckoned up, into the land from Piscataway harbour through Newichwannock river; and also, the north-half of the isles of Shoals, together with the isles of Capawock, and Nantuckett near Cape-Cod aforesaid ; and also, the lands and hereditaments lying and being in the country or territory commonly called Accada, or Nova Scotia; and all those lands and hereditaments lying and extending between the said country or territory of Nova Scotia, and the said river of Sagadahock, or any part thereof; and all lands, grounds, places, foils, woods, and wood-grounds, havens, ports, rivers, waters, and other hereditaments and premisses whatsoever, lying within the said bounds and limits aforesaid, and every part and parcel thereof. And also, all islands and islets lying; tni mine-witmn ten leagues directly opposite to the main land, withrals grant- in the said bounds; and all mines and minerals, as well royal ed to the mines of gold and silver, as other mines and minerals whatan^th'eir foever, in tue said lands and premisses, or any part thereof, successors. To To have and to hold the said territories, tracts, countries, lands, hereditaments, and all and singular other the premisses, with their and every of their appurtenances, to our said subjects the inhabitants of our said province of the Massachusetts Bay, in New-England, and their successors, to their only proper use and behoof, for evermore: to be holden of us, our heirs and successors, as of our manor of East-Greenwich, in the county of Kent, by sealty only in free and common foecage: yielding and paying therefore yearly, to us, our heirs gaving one and successors, the fifth part of all gold and silver ore, and fifth of gold precious stones, which shall, from time to time, and at alland stiver times hereafter, happen to be sound, gotten, had, and ob-ore'&c. tained in any of the said lands and premisses, or within any part thereof. Provided nevertheless, and we do for us, our heirs and successors, grant and ordain, That all and every AH lands, such lands, tenements, and hereditaments, and all other estates, h"e<htawhich any person or persons, or bodies politick or corporate, TMrmerly&C' towns, villages, colleges, or schools, do hold and enjoy, or granted to ought to hold and enjoy, within the bounds aforesaid, byoranv town> under any grant or estate, duly made or granted by any fcnoof' o" general court formerly held, or by virtue of letters patents learning, herein before recited, or by any other lawful right or title confirmed, whatsoever, shall be, by such person and persons, bodies politic and corporate, towns, villages, colleges, or schools, their respective heirs, successors, and assigns, for ever hereafter held and enjoyed, according to the purport and intent of such respective grant, under and subject nevertheless, to the rents and services thereby reserved, or made payable, any matter or thing whatsoever to the contrary notwithstanding. And provided also, That nothing herein contained shall ex-Saving sor tend, or be understood or taken to impeach or prejudice any Samuel Alright, title, interest, or demand, which Samuel Allen, of len'S claun' London, merchant, claiming from and under John Mason, Esq; deceased, or any other person or persons, hath or have, or claimeth, or claim, to have, hold, or enjoy, of, into, or out of any part or parts of the premisses, fituate within the limits above mentioned; but that the said Samuel Allen, and all and every such person and persons, may and shall have, hold, and enjoy the .same, in such manner (and no other than) as if these presents had not been or made. It being our further will and pleasure, That no grants or con- Grants or veyances of any lands, tenements, or hereditaments, to any conveyantowns, colleges, schools of learning or to any private per- "^""J frfeJt son or persons, shall be judged or taken to be avoided or want 0f prejudiced, for or by reason of any want or desect of form, sorm.
but that the same stand and remain of force, and be maintained and adjudged, and have effect in such manner as the fame should or ought, before the time of the said recited judgment, according to the laws and rules then and there usually practised and allowed. And we do further, for us, our heirs The gover-and s'Jccessors, will, establish, and ordain, That from hencenors council forth for .ever, there shall be one governor, one lieutenant or to confist of deputy governor, and one secretary of our said province or ^tsasslst" territory, to be, from time to time, appointed and commissionated by us, our heirs and successors, and eight-and-twenty assistants, or councillors, to be advising and assisting to the governor of our said province or territory, for the time being, as by these presents is hereafter directed and appointed.; which said councillors, or assistants, are to be constituted, elected, and chosen in such form and manner as hereafter in these presents is expressed. And for the better execution of our royal pleasure and grant in this behalf, we do, by these presents, for us, our heirs and successors, nominate, ordain, make. The namesan(^ constitute, our trusty and well-beloved Simon Broadstreet, ot' the first John Richards, Nathaniel Saltenstall, Wait Winthrop, John affistants. Phillips, James Russel. Samuel Sewall, Samuel Appleton, Bartholomew Gedney, John Hathorn, Elishah Hutchinfon, Robert Pike, Jonathan Corwin, John Jolliffe, Adam Winthrop, Richard Middlecot, John Foster, Peter Serjeant, Joseph Lynd, Samuel Hayman, Stephen Mason, Thomas Hinkley, William Bradford, John Walley, Barnabas Lothrop, Job Alcot, Samuel Daniel, and Silvan us Davis, Efqrs. the first and present councillors or assistants of our said proTo conti- vince, to continue in their said respective ossices of trusts, of pue until councillors or assistants, until the last Wednesday in May, anc?' until' which shall be in the year of our Lord one thousand six hunbthers are dred ninety-three, and until other councillors or assistants chosen by shall be chosen and appointed in their stead, in such manner bly. * Cm as in tne^e presents is expressed. And we do further, by these presents, constitute and appoint our trusty and well-beloved Isaac Addington, Esq; to be our first and present secretary of our said province, during our pleasure. And our will and The gover- pleasure is, That the governor of our said province, for the rior with 7 the time being, shall have authority, from time to time, at bV a^coun- his discretion, to assemble and call together the councillors, cii. or assistants, of our said province, for the time being; and
that the said governor, with the said assistants, or councillors, or seven of them at the least, shall and may, from time to time, hold and keep a council for the ordering and directing the affairs of our said province. And further, we will, and by these presents, for us, our heirs and successors, do ordain and grant, That there shall and may be convened, held, and A general kept^by the governor, for the time being, upon every last^",or ta0s" Wednesday in the month of May, every year for ever, and becmhefd the at all such other times as the governor of our said province last Wedshall think fit and appoint, a great and general court or as- ^da^r,j"t sembly; which said great and general court or assembly shall ner,y'every" consist of the governor and council, or assistants, for the time year, being, and of such free-holders of our said province or territory, as shall be, from time to time, elected or deputed by the major part of the free-holders, and other inhabitants of the respective towns and places, Who shall be present at such elections; each of the said towns and places being hereby impowered to elect and depute two persons, and no more, to Twoassemscrve for, and represent them respectively in the said great » and general court, or assembly. To which great or gene- by the°freeral court, or assembly, to be held, as aforesaid, we do holders in hereby, for us, our heirs and successors, give and grant full eTerytown* power and authority, from time to time, to direct, appoint, and declare what number each county, town, and place shall elect and depute to serve for, and represent them respectively in the said great and general court, or assembly. Provided always, that no free-holder, or other person, shall have a vote in the election of members to serve in any great and general court, or assembly, to be held as aforesaid, who, at the time of such election, shall not have an estate of freehold, in land, within our said province or territory, to the value of forty shillings per annum, at the least, or other estate to the value of fifty pounds sterling; and that every person who shall be so elected, shall, before he sit or act in the said great and general court, or assembly, take the oaths mentioned in an act of parliament, made in the first year of our reign, intituled, An act for abrogating os the oaths of allegiance and supremacy, and appointing other oaths, and thereby appointed to be taken instead of the oaths of allegiance and supremacy; and shall make, repeat, and subscribe the declaration mentioned in the said act, before the governor, or lieutenant, or deputy governor, or any two of the assistants for the time being, who shall be thereunto authorised and appointed by our said governor: and that the governor, The goverfor the time being, shall have full power and authority, nor haS from time to time, as he shall judge necessary, to adjourn, Sojourn, prorogue, and dissolve all great and general courts, or as- prorogue, semblies, met or convened, as aforesaid. And our will and *nd dissolve pleasure is, and we do hereby, for us, our heirs and succef- aslcm"
sprs, grant, establish, and ordain, That yearly, once in every year, for ever hereafter, the aforesaid number of eightand-twenty councillors, or assistants, shall be, by the general court or assembly, newly chosen; that is to say, eighteen at least of the inhabitants of, or proprietors of lands, within The gover-the territory formerly called the colony of the Massachusetts tMors'to'be ^av, an(* four at lea^ of th? inhabitants of, or proprietors of inhabitants lands within the territory formerly called New-Plymouth, and or propne-three at the least of the inhabitants of, or proprietors of land SlTNew-nd witmn tne territory formerly called the province of Main, England. and one at tne least of the inhabitants of, or proprietors of land within the territory lying between the river of Sadagahock and Nova Scotia: and that the said councillors, or assistants, or any of them, shall or may, at any time hereafter, be removed and displaced from their respective places or trust of councillors or assistants, by any great or general court or assembly; and that if any of the said councillors, or assistants, shall happen to die, or be removed, as aforesaid, before the general day of election, that then, and in every such case, the great and general court or assembly, at their first fitting, may proceed to a new election of one or more councillors, or assistants, in the room or place of such councillors, or assistants, so dying or removed. And we do furJodges, sl-.e- tner giant ana' ordain, That it shall and may be lawful for riffs, justi- the said governor, with the advice and consent of the counces, &c. tocjl, or assistants, from time to time, to nominate and aped wiTh'the Point judges, commissioners of oyer and terminer, sherisss, consent of provosts, marshals, justices of the peace, and other ossicers, the gover- to our council and courts of justice belonging. Provided nor s coun- alwavS, That no such nomination or appointment of ossicers be. made without notice first given, or summons issued out seven days before such nomination or appointment, unto such of the said councillors, or assistants, as shall be at that time residing within our said province. And our will and What oaths pleaujreis, That the governor, and lieutenant or deputy goare to beta- vernor, and councillors, or assistants, for the time being, and ken- all other ossicers to be appointed or chosen, as aforesaid, shall, before the undertaking the execution of their ossices and places respectively, take their several and respective oaths for the due and saithful performance of their duties in their several and respective ossices and places; as also, the oaths appointed by the said act of parliament, made in the first year of our reign, to be taken instead of the oaths of allegiance and supremacy, and shall make, repeat, and subscribe the declaration mentioned in the said act, before such person