Page images
PDF
EPUB

dare and grant, unto the said governor and company, and bj^"^}oSnof jheir successors, that all and every the subjects of us, our1 iscoon^ heirs and successors, which are already planted and settled within our said colonv of Providence plantations, or which shall hereafter go to inhabit within the said colony, and all and every of their children which have been born there, or which shall happen hereafter to be born there, or on the sea going thither or returning from thence, shall have and enjoy all liberties and immunities of free and natural subjects, within any the dominions of us, our heirs or successors, to all intents, constructions and purposes whatsoever, as if they and every of them were born within the realm of England. And cJ"B(Jf f further know ye, that we, of our more abundant grace, cer- ^ c°'lo°y tain knowledge, and mere motion, have given, granted and to the said confirmed, and by these presents, for us, our heirs and sue- governor & eessors, do give, grant and confirm, unto the said governor company' > and company, and their successors, all that part of our dominions, in New-England in America, containing the Nahantick and Nanhygansctt alias Narragansett bay and countries and parts adjacent, bounded on the west, or westerly, to the middle or channel of a river there, commonly called and known by the name of Pawcatuck alias Pawcawtuck river, and so along the said river, as the greater or middle stream thereof reacheth or lies up into the north country, northward unto the head thereof, and from thence by a strait line drawn due north, until it meet with the south line of the Massachusets colony, and on the north or northerly by the aforesaid south or southerly line of the Massachusets colony or plantation, and extending towards the east or eastwardly three English miles, to the east and north-east of the most eastern and north eastern parts of the aforesaid Narragansett bay, as the said bay Heth or extendeth itself from the ocean on the south or southwardly, unto the mouth of the river which runneth towards the town of Providence, and from thence along the eastwardly side or bank of the said river (higher called by the name of Seacunck river) up to the falls called Patucket salls, being the most westwardly line of Plymouth colony; and so from the said salls, in a strait line due north, until it meet with the aforesaid line of the Massachusets colony, and bounded on the south by the ocean, and in particular the lands belonging to the town of Providence, Patuxit, Warwicke, Mifquammaeock alias Pawcatuck, and the rest upon the main land, in the tract aforesaid, together with Rhode-Island, Blocke-Island, and all the rest of the islands and banks in the Narragansett bay, and bordering

dering upon the coast of the tract aforesaid, (Fishers-Island only excepted) together with all firm lands, foils, grounds, havens, ports, rivers, waters, fishings, mines royal, and all other mines, minerals, precious stones, quarries, woods, wood-grounds, rocks, slates, and all and singular other commodities, jurisdictions, royalties, privileges, franchises, preeminences and hereditaments whatsoever, within the said tract, bounds, lands and islands aforesaid, to them or any Hibendum. of tnem belonging, or in any-wise appertaining. To have and to hold the same, unto the said governor and company, and their successors for ever, upon trust, for the use and benefit of themselves, and their associates, freemen of the said Tenendnm. colony, their heirs and assigns. To be holden of us, our heirs and successors as of the manor of East-Greenwich, ip our county of Kent, in free and common focage, and not Aam-*' ln caPite, nor by Knight's service. Yielding and paying therefore to us, our heirs and successors, only the fifth part of all the ore of gold and silver, which from time to time, and at all times hereafter, shall be there gotten, had or obtained, in lieu and satisfaction of all services, duties, fines, forseitures made or to be made, claims and demands whatsoever, to be to us, our heirs or successors, therefore or thereout rendered, made or paid 5 any grant or clause, in a late grant to the governor and company of Connecticut colony in America, to the contrary thereof in any wise notwithstanding; the aforesaid Pawcatuck river having been yielded after much debate, for the fixed and certain bounds between these our said colonies, by the agents thereof, who have also agreed, that the said Pawcatuck river shall be also called alias Narrogancett or Narrogansett river, and to prevent future disputes that otherwise might arise thereby, for ever hereafter, shall be construed, deemed and taken to be the Narrogancett river, in our late grant to Connecticut colony, Appeals to mentioned as the easterly bounds of th3t colony. And furthe king, ther, our will and pleasure is, that in all matters of public controversies, which may sall out between our colony of Providence plantation, to make their appeal therein to us, our heirs and successors, for redress in such cases, within this liberty to our realm of England; and that it shall be lawful to and for p*ss °hnrdo.re* the inhabitants of the said colony of Providence plantation, the other without lett or molestation, to pass and repass with freedom En^iislj co- jnto and through the rest of the English colonies, upon their Ionics. lawful and civil occasions, and to converse, and hold commerce, and trade with such of the inhabitants of our other English colones as shall be willing to admit them thereunto,

they they behaving themselves peaceably among them; any act, clause or sentence, in any of the said colonies provided, or that shall be provided, to the contrary in any wise notwithstanding. And lastly, we do for us, our heirs and successors, ordain and grant unto the said governor and company, and their successors, by these presents, that these our letters patents shall be firm, good, effectual and available, in all things in the law, to all intents, constructions and purposes whatsoever, according to our true intent and meaning herein before declared; and ihall be construed, reputed and adjudged, in all cases, most favourably on the behalf, and for the best benefit and behoof of the said governor and company, and their successors, although express mention, &c. In witness, &c. witness, &c.

Per Ipsum Regem.

First Charter granted to the Colony of the Massaj Chusetts Bay, 1644.

CHARLES by the grace of God, King of England, Scotland, France, and Ireland, Desender of the Faith, Sic.

To all to whom these Presents shall cofnej Greeting.

TX7HEREAS our most deare and royal Father King James "» of blessed memory, by his Highness'S letters patents' beareing date at Westminster the third day of November, in the eighteenth year of his reign, hath given and granted unto the Councel established at Plymouth in the county of Devonj for the planting, ruling, ordering and governing of NewEngland in America, and to their heirs successours and assigned for ever: All that part of America lying and being in breadth from fourty degrees of northerly latitude from the cquinoxtiall line, to fourty-eight degrees of the said northerly latitude inclusively, and in length of and within all the breadth aforesaid throughout the maine lands from sea to sea, together also with all the firme lands, soyles, grounds, havens, ports, rivers, waters, fishing, mines, and minerails, as well royall mines of gould and silver, as other mines and minerails, precious stones, quarries, and all and singular other commodities^ jurisdictions, privileges, franchises and preheminences both within the said tract of land upon the maine, and also within the islands and seas adjoining. Provided always that the said islands or any the premisses by the said letters patent intended and meant to be granted were not then actually possessed or inhabited by any other christian prince, or state, nor within the bounds limits or territories of the southern colonies then before granted by our said deare sather to be planted by such of his loving subjects in the southern parts. To have and to hold, possess and enjoy all and singular the aforesaid continent, lands, territories, islands, hereditaments and precincts, seas, waters, fishings, with all and all manner their commodities, royalties, liberties, preheminences, and profits that should from thenceforth arise from thence, with all and singular their appurtenances, and every part and parcel thereof, unto the said Councel, and their successors and aslignes for ever, to the sole and proper use, benefit and behoof of them the said Councel and their successors and aslignes for ever: To be Tenure, boulden of our said most dear and royal Father, his heirs and successors, as of his mannor of East-Greenwich in the county of Kent, in free and common soccage, and not in capite nor by knights service. Yielding and paying therefore to the said Rent. late King, his heirs and successors the fifth part of the oareof gould and silver which should from time to time and at all times then after happen to be found, gotten, had and obtained, in, at, or within any of the lands, limits, territories and precincts, or in or within any part or parcel thereof, for or in. respect of all and all manner of duties, demands and services whatsoever to be done made or paid to our said dear Father the late King, his heirs and successors; as in and by the said letters patent (amongst sundry other clauses, powers, privileges and grants therein contained) more at large appeareth. And whereas the said Councel established at Plymouth in the Recital of a county of Devon, for the planting, ruling, ordering, and ^"f^** governing of New-England, in, America, have by their deed ^Massaindented under their commou seal, bearing date the nine- chusetts teenth day of March last past, in the third year of our reign, B_^' (king given, granted, bargained, fold, enseoffed, aliened and con- premises'6 firmed to Sir Henry Rosewell, Sir John Young, knights, bescreThomas Southcott, John Humphrey, John Endicott and mentioned) Symon Whetcomb, their heirs and associates for ever, all cyo^i] that part of New-England in America aforesaid, which lieth piymouth and extendeth between a great river there commonly called to SirHen. Monomack, alias Merrimack, and a certain other river there Rosewe"

called

Charles river, being the bottom of a certain bay there March1''"" commonly called Massachusetts, alias Mattachusetts, alias 3 car. u' Massatusetts bay, and also all and singular those lands and hereditaments whatsoever lying and being within the space of three English miles on the south part of the said Charles river, or of any or every part thereof, and also all and singular the lands and hereditaments whatsoever, lying and being within the space of three English miles to the southward of the southermost part of the said bay called Massachusetts, alias Massachusetts, alias Massatusetts bay, and also all those lands and hereditaments which lye and be within the space of three English miles to the northward of the said river called Monomack, alias Merrimack, or to the northward of any and every part thereof, and all lands and hereditaments whatsoever, lying within the limits aforesaid, north and south, in latitude and breadth, and in length and longitude, of and within all the breadth aforesaid, throughout the main sands

G thsre,

« PreviousContinue »