The Charter of the
Massachusetts Bay Company
4 March, 1628/29
Rendered into modern English by John Beardsley.
Four minor parenthetical additions in italicized text added to aid in
comprehension.
Link to a graphic
of a detail of the original document itself.
HARLES,
BY THE GRACE OF GOD, King of England, Scotland, France, and
Ireland, Defender of the Faith, etc. To all to whom these presents shall
come, greeting.
WHEREAS, Our most dear and royal father, King James,
of blessed memory, by his Highness' letters-patents bearing date at
Westminster the third Day of November, in the eighteenth year of his
reign, hath given and granted unto the Council established at Plymouth,
in the County of Devon, for the planting, ruling, ordering, and governing
of New England in America, and to their successors and assignees for
ever: all that part of America, lying and being in breadth, from forty
degrees of northerly latitude from the equinoctial line, to forty-eight
degrees of the said northerly latitude inclusively, and in length, of
and within all the breadth aforesaid, throughout the mainland from sea
to sea; together also with all the firm lands, soils, grounds, havens,
ports, rivers, waters, fishing, mines, any minerals, as well royal mines
of gold and silver, as other mines and minerals, precious stones, quarries,
and all and singular other commodities, jurisdictions, royalties, privileges,
franchises, and preeminences, both within the said tract of land upon
the main, and also within the islands and seas adjoining: provided always
that the said islands, or any the premises by the said letters-patents
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 colony (Virginia) then
before granted by Our said dear father, to be planted by divers of his
loving subjects in the south 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, preeminences, and
profits that should from thenceforth arise from thence, with all and
singular their appurtenances, and every part and parcel thereof, unto
the said Council and their successors and assignees for ever, to the
sole and proper use, benefit, and behoof of them the said Council, and
their successors and assignees forever: to be holden of Our said most
dear and royal father, his heirs and successors, as of his manor of
East Greenwich in the county of Kent, in free and common soccage, and
not in capite nor by knight's service: yielding and paying therefore
to the said late king, his heirs and successors, the fifth part of the
ore of gold and silver, which should from time to time, and at all times
thereafter happen to be found, gotten, had, and obtained in, at, or
within any of the said 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-patents (amongst sundry and other clauses,
powers, privileges, and grants therein contained), more at large appeareth:
and whereas, the said Council established at Plymouth, in the county
of Devon, for the planting, ruling, ordering, and governing of New England
in America, have by their deed, indented under their common seal, bearing
date the nineteenth day of March last past, in the third year of Our
reign, given, granted, bargained, sold, enfeoffed, aliened, and confirmed
to Sir Henry Rosewell, Sir John Young, knights, Thomas Southcott, John
Humphrey, John Endecott, and Simon Whetcombe, their heirs and assignees,
and their associates for ever, all that part of New England in America
aforesaid, which lies and extends between a great river there commonly
called Monomack alias Merrimack, and a certain other river there, called
Charles River, being in the bottom of a certain bay there, commonly
called Massachusetts, alias Mattachusetts, alias Massatusetts Bay, and
also all and singular those lands and hereditaments whatsoever, lying
within the space of three English miles on the south part of the said
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 southernmost part of
the said bay called Massachusetts, alias Mattachusetts, alias Massatusets
Bay; and also, all those lands and hereditaments whatsoever, which lie,
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 breath,
and in length and longitude, of and within all the breadth aforesaid,
throughout the mainland there, from the Atlantic and western sea and
ocean on the east part, to the South Sea (the Pacific Ocean)
on the west part; and all lands and grounds, place and places, soils,
woods and wood grounds, havens, ports, rivers, waters, fishings, and
hereditaments whatsoever, lying within the said bounds and limits, and
every part and parcel thereof; and also, all islands lying in America
aforesaid, in the said seas or either of them on the western or eastern
coasts or parts of the said tracts of land, by the said indenture mentioned
to be given, granted, bargained, sold, enfeoffed, aliened, and confirmed,
or any of them; and also, all mines and minerals, as well royal mines
of gold and silver, as other mines and minerals whatsoever, in the said
lands and premises, or any part thereof; and all jurisdictions, rights,
royalties, liberties, freedoms, immunities, privileges, franchises,
preeminences, and commodities whatsoever, which they, the said Council
established at Plymouth, in the county of Devon, for the planting, ruling,
ordering, and governing of New England in America, then had, or might
use, exercise, or enjoy, in or within the said lands and premises by
the said indenture mentioned to be given, granted, bargained, sold,
enfeoffed, and confirmed, or in or within any part or parcel thereof:
to have and to hold, the said part of New England in America, which
lies and extends and is abutted as aforesaid, and every part and parcel
thereof; and all the said islands, rivers, ports, havens, waters, fishings,
mines, and minerals, jurisdictions, franchises, royalties, liberties,
privileges, commodities, hereditaments, and premises whatsoever, with
the appurtenances unto the said Sir Henry Rosewell, Sir John Young,
Thomas Southcott, John Humphrey, John Endecott, and Simon Whetcombe,
their heirs and assignees, and their associates, to the only proper
and absolute use and behoof of the said Sir Henry Rosewell, Sir John
Young, Thomas Southcott, John Humphrey, John Endecott, and Simon Whetcombe,
their heirs and assignees, and their associates forevermore; to be holden
of Us, Our heirs and successors, as of Our manor 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 unto Us, Our heirs
and successors, the fifth part of the ore of gold and silver, which
shall from time to time, and at all times hereafter, happen to be found,
gotten, had, and obtained in any of the said lands, within the said
limits, or in or within any part thereof, for, and in satisfaction of
all manner duties, demands, and services whatsoever to be done, made,
or paid to Us, Our heirs or successors, as in and by the said recited
indenture more at large may appear.
Now know ye, that We, at the humble suit and petition of the said Sir
Henry Rosewell, Sir John Young, Thomas Southcott, John Humphrey, John
Endecott, and Simon Whetcombe, and of others whom they have associated
unto them, have, for divers good causes and considerations, Us moving,
granted and confirmed, and by these presents of Our especial grace,
certain knowledge, and mere motion, do grant and confirm unto the said
Sir Henry Rosewell, Sir John Young, Thomas Southcott, John Humphrey,
John Endecott, and Simon Whetcombe, and to their associates hereafter
named; (videlicet) Sir Richard Saltonstall, knight, Isaac Johnson, Samuel
Aldersey, John Ven, Mathew Cradock, George Harwood, Increase Nowell,
Richard Perry, Richard Bellingham, Nathaniel Wright, Samuel Vassall,
Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuel Browne,
Thomas Hutchins, William Vassall, William Pinchion, and George Foxcrofte,
their heirs and assignees, all the said part of New England in America,
lying and extending between the bounds and limits in the said recited
indenture expressed, and all lands and grounds, place and places, soils,
woods and wood grounds, havens, ports, rivers, waters, mines, minerals,
jurisdictions, rights, royalties, liberties, freedoms, immunities, privileges,
franchises, preeminences, hereditaments, and commodities whatsoever,
to them the said Sir Henry Rosewell, Sir John Young, Thomas Southcott,
John Humphrey, John Endecott, and Simon Whetcombe, their heirs and assignees,
and to their associates, by the said recited indenture, given, granted,
bargained, sold, enfeoffed, aliened, and confirmed, or mentioned or
intended thereby to be given, granted, bargained, sold, enfeoffed, aliened,
and confirmed: to have, and to hold, the said part of New England in
America, and other the premises hereby mentioned to be granted and confirmed,
and every part and parcel thereof with the appurtenances, to the said
Sir Henry Rosewell, Sir John Young, Thomas Southcott, John Humphrey,
John Endecott, and Simon Whetcombe, Isaac Johnson, Richard Perry, Richard
Bellingham, Nathaniel Wright, Samuel Vassall, Theophilus Eaton, Thomas
Goode, Thomas Adams, John Browne, Samuel Browne, Thomas Hutchins, Samuel
Aldersey, John Ven, Mathew Cradock, George Harwood, Increase Nowell,
William Vassall, William Pinchion, and George Foxcrofte, their heirs
and assignees forever, to their only proper and absolute use and behoof
for evermore; to be holden of Us, Our heirs and successors, as of Our
manor of East Greenwich aforesaid, in free and common socage, and not
in capite, nor by knights service; and also yielding and paying therefore
to Us, Our heirs and successors, the fifth part only of all ore of gold
and silver, which from time to time, and at all times hereafter shall
be there gotten, had, or obtained for all services, exactions and demands
whatsoever, according to the tenure and reservation in the said recited
indenture expressed.
And further, know ye, that of Our more especial grace, certain knowledge,
and mere motion, we have given and granted, and by these presents, do
for Us, Our heirs and successors, give and grant onto the said Sir Henry
Rosewell, Sir John Young, Thomas Southcott, John Humphrey, John Endecott,
and Simon Whetcombe, Isaac Johnson, Richard Perry, Richard Bellingham,
Nathaniel Wright, Samuel Vassall, Theophilus Eaton, Thomas Goode, Thomas
Adams, John Browne, Samuel Browne, Thomas Hutchins, Samuel Aldersey,
John Ven, Mathew Cradock, George Harwood, Increase Nowell, William Vassall,
William Pinchion, and George Foxcrofte, their heirs and assignees, all
that part of New England in America, which lies and extends between
a great river there, commonly called Monomack River, alias Merrimack
River, and a certain other river there, called Charles River, being
in the bottom of a certain bay there, commonly called Massachusetts,
alias Mattachusetts, alias Massatusetts Bay; and also all and singular
those lands and hereditaments whatsoever, lying within the space of
three English miles on the south part of the said river, called Charles
River, or of any or every part thereof; and also all and singular the
lands and hereditaments whatsoever, lying and being within the space
of three English miles to the southward of the southernmost part of
the said bay, called Massachusetts, alias Mattachusetts, alias Massatusets
Bay: and also all those lands and hereditaments whatsoever, which lye
and be within the space of three English miles to the northward of the
said river, called Monomack, alias 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 mainland there, from the Atlantic and western
sea and ocean on the east part, to the South Sea on the west part; and
all lands and grounds, place and places, soils, woods, and wood grounds,
havens, ports, rivers, waters, and hereditaments whatsoever, lying within
the said bounds and limits, and every part and parcel thereof; and also
all islands in America aforesaid, in the said seas, or either of them,
on the western or eastern coasts, or parts of the said tracts of lands
hereby mentioned to be given and granted, or any of them; and all mines
and minerals as well royal mines of gold and silver and other mines
and minerals, whatsoever, in the said lands and premises, or any part
thereof, and free liberty of fishing in or within any the rivers or
waters within the bounds and limits aforesaid, and the seas thereunto
adjoining; and all fishes, royal fishes, whales, baleen, sturgeons,
and other fishes of what kind or nature so ever, that shall at any time
hereafter be taken in or within the said seas or waters, or any of them,
by the said Sir Henry Rosewell, Sir John Young, Thomas Southcott, John
Humphrey, John Endecott, and Simon Whetcombe, Isaac Johnson, Richard
Perry, Richard Bellingham, Nathaniel Wright, Samuel Vassall, Theophilus
Eaton, Thomas Goode, Thomas Adams, John Browne, Samuel Browne, Thomas
Hutchins, Samuel Aldersey, John Ven, Mathew Cradock, George Harwood,
Increase Nowell, William Vassall, William Pinchion, and George Foxcrofte,
their heirs and assignees, or by any other person or persons whatsoever
there inhabiting, by them, or any of them, to be appointed to fish therein.
Provided always, that if the said lands, islands, or any other the
premises herein before mentioned, and by these presents, intended and
meant to be granted, were at the time of the granting of the said former
letters patents, dated the third day of November, in the eighteenth
year of Our said dear fathers reign aforesaid, actually possessed or
inhabited by any other Christian prince or state, or were within the
bounds, limits or territories of that southern colony, then before granted
by Our said late father, to be planted by divers of his loving subjects
in the south parts of America, that then this present grant shall not
extend to any such parts or parcels thereof, so formerly inhabited,
or lying within the bounds of the southern plantation as aforesaid,
but as to those parts or parcels so possessed or inhabited by such Christian
prince or state, or being within the bounders aforesaid shall be utterly
void, these presents or any thing therein contained to the contrary
notwithstanding. To have and hold, possess and enjoy the said parts
of New England in America, which lie, extend, and are abutted as aforesaid,
and every part and parcel thereof; and all the islands, rivers, ports,
havens, waters, fishings, fishes, mines, minerals, jurisdictions, franchises,
royalties, liberties, privileges, commodities, and premises whatsoever,
with the appurtenances, unto the said Sir Henry Rosewell, Sir John Young,
Thomas Southcott, John Humphrey, John Endecott, and Simon Whetcombe,
Isaac Johnson, Richard Perry, Richard Bellingham, Nathaniel Wright,
Samuel Vassall, Theophilus Eaton, Thomas Goode, Thomas Adams, John Browne,
Samuel Browne, Thomas Hutchins, Samuel Aldersey, John Ven, Mathew Cradock,
George Harwood, Increase Nowell, William Vassall, William Pinchion,
and George Foxcrofte, their heirs and assignees forever, to the only
proper and absolute use and behoof of the said Sir Henry Rosewell, Sir
John Young, Thomas Southcott, John Humphrey, John Endecott, and Simon
Whetcombe, Isaac Johnson, Richard Perry, Richard Bellingham, Nathaniel
Wright, Samuel Vassall, Theophilus Eaton, Thomas Goode, Thomas Adams,
John Browne, Samuel Browne, Thomas Hutchins, Samuel Aldersey, John Ven,
Mathew Cradock, George Harwood, Increase Nowell, William Vassall, William
Pinchion, and George Foxcrofte, their heirs and assignees forevermore:
to be holden of Us, Our heirs and successors, as of Our manor of East
Greenwich in Our county of Kent, within Our realm of England, in free
and common soccage, and not in capite, nor by knights service; and also
yielding and paying therefore, to Us, Our heirs and successors, the
fifth part only of all ore of gold and silver, which from time to time,
and at all times hereafter, shall be there gotten, had, or obtained,
for all services, exactions, and demands whatsoever; provided always,
and Our express will and meaning is, that only one fifth part of the
gold and silver ore above mentioned, in the whole, and no more be reserved
or payable unto Us, Our heirs and successors, by color or virtue of
these presents, the double reservations or rentals aforesaid or any
thing herein contained notwithstanding.
And forasmuch, as the good and prosperous success of the plantation
of the said parts of New England aforesaid intended by the said Sir
Henry Rosewell, Sir John Young, Thomas Southcott, John Humphrey, John
Endecott, and Simon Whetcombe, Isaac Johnson, Richard Perry, Richard
Bellingham, Nathaniel Wright, Samuel Vassall, Theophilus Eaton, Thomas
Goode, Thomas Adams, John Browne, Samuel Browne, Thomas Hutchins, Samuel
Aldersey, John Ven, Mathew Cradock, George Harwood, Increase Nowell,
William Vassall, William Pinchion, and George Foxcrofte, to be speedily
set upon, cannot but chiefly depend, next under the blessing of Almighty
God, and the support of Our royal authority upon the good government
of the same, to the end that the affairs and businesses which from time
to time shall happen and arise concerning the said lands, and the plantation
of the same may be the better managed and ordered, We have further hereby
of Our especial grace, certain knowledge and mere motion, given, granted
and confirmed, and for Us, Our heirs and successors, do give, grant,
and confirm unto Our said trusty and well beloved subjects Sir Henry
Rosewell, Sir John Young, Thomas Southcott, John Humphrey, John Endecott,
and Simon Whetcombe, Isaac Johnson, Richard Perry, Richard Bellingham,
Nathaniel Wright, Samuel Vassall, Theophilus Eaton, Thomas Goode, Thomas
Adams, John Browne, Samuel Browne, Thomas Hutchins, Samuel Aldersey,
John Ven, Mathew Cradock, George Harwood, Increase Nowell, William Vassall,
William Pinchion, and George Foxcrofte: and for Us, Our heirs and successors,
We will and ordain, that the said Sir Henry Rosewell, Sir John Young,
Thomas Southcott, John Humphrey, John Endecott, and Simon Whetcombe,
Isaac Johnson, Richard Perry, Richard Bellingham, Nathaniel Wright,
Samuel Vassall, Theophilus Eaton, Thomas Goode, Thomas Adams, John Browne,
Samuel Browne, Thomas Hutchins, Samuel Aldersey, John Ven, Mathew Cradock,
George Harwood, Increase Nowell, William Vassall, William Pinchion,
and George Foxcrofte, and all such others as shall hereafter be admitted
and made free of the company and society hereafter mentioned, shall
from time to time, and at all times forever hereafter be, by virtue
of these presents, one body corporate and politic in fact and name,
by the name of the Governor and Company of the Mattachusetts Bay in
New England, and them by the name of the Governor and Company of the
Mattachusetts Bay in New England, one body politic and corporate, in
deed, fact, and name; We do for Us, Our heirs and successors, make,
ordain, constitute, and confirm by these presents, and that by that
name they shall have perpetual succession, and that by the same name
they and their successors shall and may be capable and enabled as well
to implead, and to be impleaded, and to prosecute, demand, and answer,
and be answered veto, in all and singular suites, causes, quarrels,
and actions, of what kind or nature so ever. And also to have, take,
possess, acquire, and purchase any lands, tenements, or hereditaments,
or any goods or chattels, and the same to lease, grant, demise, alien,
bargain, sell, and dispose of, as other Our liege people of this Our
realm of England, or any other corporation or body politic of the same
may lawfully do.
And further, that the said Governor and Company, and their successors,
may have forever one common seal, to be used in all causes and occasions
of the said Company, and the same seal may alter, change, break, and
new make, from time to time, at their pleasures. And Our will and pleasure
is, and We do hereby for Us, Our heirs and successors, ordain and grant,
that from henceforth for ever, there shall be one Governor, one Deputy
Governor, and eighteen Assistants of the same Company, to be from time
to time constituted, elected and chosen out of the freemen of the said
Company, for the time being, in such manner and form as hereafter in
these presents is expressed, which said officers shall apply themselves
to take care for the best disposing and ordering of the general business
and affairs of, for, and concerning the said lands and premises hereby
mentioned, to be granted, and the plantation thereof, and the government
of the people there. 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, and constitute; Our well beloved
the said Mathew Cradock, to be the first and present Governor of the
said Company, and the said Thomas Goffe, to be Deputy Governor of the
said Company, and the said Sir Richard Saltonstall, Isaac Johnson, Samuel
Aldersey, John Ven, John Humphrey, John Endecott, Simon Whetcombe, Increase
Nowell, Richard Perry, Nathaniel Wright, Samuel Vassall, Theophilus
Eaton, Thomas Adams, Thomas Hutchins, John Browne, George Foxcrofte,
William Vassall, and William Pinchion, to be the present Assistants
of the said Company, to continue in the said several offices respectively
for such time, and in such manner, as in and by these presents is hereafter
declared and appointed.
And further, We will, and by these presents, for Us, Our heirs and
successors, do ordain and grant, that the Governor of the said Company
for the time being, or in his absence by occasion of sickness or otherwise,
the Deputy Governor for the time being, shall have authority from time
to time upon all occasions, to give order for the assembling of the
said Company, and calling them together to consult and advise of the
businesses and affaires of the said Company, and that the said Governor,
Deputy Governor, and Assistants of the said Company, for the time being,
shall or may once every month, or oftener at their pleasures, assemble
and hold and keep a Court or Assembly of themselves, for the better
ordering and directing of their affairs, and that any seven or more
persons of the Assistants, together with the Governor, or Deputy Governor
so assembled, shall be said, taken, held, and reputed to be, and shall
be a full and sufficient Court or Assembly of the said Company, for
the handling, ordering, and dispatching of all such businesses and occurrences
as shall from time to time happen, touching or concerning the said Company
or plantation; and that there shall or may be held and kept by the Governor,
or Deputy Governor of the said Company, and seven or more of the said
Assistants for the time being, upon every last Wednesday in Hillary,
Easter, Trinity, and Michaelmas terms respectively forever, one great
general and solemn Assembly, which four general Assemblies shall be
styled and called the four great and general Courts of the said Company;
in all and every, or any of which said great and general Courts so assembled,
We do for Us, Our heirs and successors, give and grant to the said Governor
and Company, and their successors, that the Governor, or in his absence,
the Deputy Governor of the said Company for the time being, and such
of the Assistants and freeman of the said Company as shall be present,
or the greater number of them so assembled, whereof the Governor or
Deputy Governor and six of the Assistants at the least to be seven shall
have full power and authority to choose, nominate, and appoint, such
and so many others as they shall think fit, and that shall be willing
to accept the same, to be free of the said Company and body, and them
into the same to admit; and to elect and constitute such officers as
they shall think fit and requisite, for the ordering, managing, and
dispatching of the affairs of the said Governor and Company, and their
successors; and to make laws and ordinances for the good and welfare
of the said Company, and for the government and ordering of the said
lands and plantation, and the people inhabiting and to inhabit the same,
as to them from time to time shall be thought meet, so as such laws
and ordinances be not contrary or repugnant to the laws and statutes
of this Our realm of England.
And, Our will and pleasure is, and We do hereby for us, Our heirs and
successors, establish and ordain, that yearly once in the year, for
ever hereafter, namely, the last Wednesday in Easter term, yearly, the
Governor, Deputy-Governor, and Assistants of the said Company and all
other officers of the said Company shall be in the general Court or
Assembly to be held for that day or time, newly chosen for the year
ensuing by such greater part of the said Company, for the time being,
then and there present, as is aforesaid. And, if it shall happen the
present Governor, Deputy Governor, and Assistants, by these presents
appointed, or such as shall hereafter be newly chosen into their rooms,
or any of them, or any other of the officers to be appointed for the
said Company, to die, or to be removed from his or their several offices
or places before the said general day of election (whom We do hereby
declare for any misdemeanor or defect to be removable by the Governor,
Deputy Governor, Assistants, and Company, or such greater part of them
in any of the public Courts to be assembled as is aforesaid) that then,
and in every such case, it shall and may be lawful, to and for the Governor,
Deputy Governor, Assistants, and Company aforesaid, or such greater
part of them so to be assembled as is aforesaid, in any of their Assemblies,
to proceed to a new election of one or more others of their Company
in the room or place, rooms or places of such officer or officers so
dying or removed according to their discretions, and, immediately upon
and after such election and elections made of such Governor, Deputy
Governor, Assistant or Assistants, or any other officer of the said
Company, in manner and form aforesaid, the authority, office, and power,
before given to the former Governor, Deputy Governor, or other officer
and officers so removed, in whose stead and place new shall be so chosen,
shall as to him and them, and every of them, cease and terminate.
Provided also, and Our will and pleasure is, that as well such as are
by these presents appointed to be the present Governor, Deputy Governor,
and Assistants of the said Company, as those that shall succeed them,
and all other officers to be appointed and chosen as aforesaid, shall,
before they undertake the execution of their said offices and places
respectively, take their corporal oaths for the due and faithful performance
of their duties in their several offices and places, before such person
or persons as are by these presents hereunder appointed to take and
receive the same; that is to say, the said Mathew Cradock, who is hereby
nominated and appointed the present Governor of the said Company, shall
take the said oaths before one or more of the masters of Our Court of
Chancery for the time being, unto which master or masters of the Chancery,
We do by these presents give full power and authority to take and administer
the said oath to the said Governor accordingly: and after the said Governor
shall be so sworn, then the said Deputy Governor and Assistants, before
by these presents nominated and appointed, shall take the said several
oaths to their offices and places respectively belonging, before the
said Mathew Cradock, the present Governor, so formerly sworn as aforesaid.
And every such person as shall be at the time of the annual election,
or otherwise, upon death or removal, be appointed to be the new Governor
of the said Company, shall take the oaths to that place belonging, before
the Deputy Governor, or two of the Assistants of the said Company at
the least, for the time being: and the new elected Deputy Governor and
Assistants, and all other officers to be hereafter chosen as aforesaid
from time to time, to take the oaths to their places respectively belonging,
before the Governor of the said Company for the time being, unto which
said Governor, Deputy Governor, and Assistants, We do by these presents
give full power and authority to give and administer the said oaths
respectively, according to Our true meaning herein before declared,
without any commission or further warrant to be had and obtained of
Our Us, Our heirs or successors, in that behalf.
And, We do further, of Our especial grace, certain knowledge, and mere
motion, for Us, Our heirs and successors, give and grant to the said
Governor and Company, and their successors for ever by these presents,
that it shall be lawful and free for them and their assignees, at all
and every time and times hereafter, out of any Our realms or dominions
whatsoever, to take, lead, carry, and transport, for in and into their
voyages, and for and towards the said plantation in New England, all
such and so many of Our loving subjects, or any other strangers that
will become Our loving subjects, and live under Our allegiance, as shall
willingly accompany them in the same voyages and plantation; and also
shipping, armor, weapons, ordinance, munition, powder, shot, corn, victuals,
and all manner of clothing, implements, furniture, beasts, cattle, horses,
mares, merchandises, and all other things necessary for the said plantation,
and for their use and defense, and for trade with the people there,
and in passing and returning to and fro, any law or statute to the contrary
hereof in any wise notwithstanding; and without paying or yielding any
custom or subsidy, either inward or outward, to Us, Our heirs or successors,
for the same, by the space of seven years from the day of the date of
these presents. Provided, that none of the said persons be such as shall
be hereafter by especial name restrained by Us, Our heirs or successors.
And, for their further encouragement, of Our especial grace and favor,
We do by these presents, for Us, Our heirs and successors, yield and
grant to the said Governor and Company, and their successors, and every
of them, their factors and assignees, that they and every of them shall
be free and quits from all taxes, subsidies, and customs, in New England,
for the like space of seven years, and from all taxes and impositions
for the space of twenty and one years, upon all goods and merchandises
at any time or times hereafter, either upon importation thither, or
exportation from thence into Our realm of England, or into any other
Our dominions by the said Governor and Company, and their successors,
their deputies, factors, and assignees, or any of them; except only
the five pounds per centum due for custom upon all such goods and merchandises
as after the said seven years shall be expired, shall be brought or
imported into Our realm of England, or any other of Our dominions, according
to the ancient trade of merchants, which five pounds per centum only
being paid, it shall be thenceforth lawful and free for the said adventurers,
the same goods and merchandises to export and carry out of Our said
dominions into foreign parts, without any custom, tax or other duty
to be paid to Us, Our heirs or successors, or to any other officers
or ministers of Us, Our heirs and successors. Provided, that the said
goods and merchandizes be shipped out within thirteen months, after
their first landing within any part of the said dominions.
And, We do for Us, Our heirs and successors, give and grant unto the
said Governor and Company, and their successors, that whensoever, or
so often as any custom or subsidy shall grow due or payable unto Us,
Our heirs, or successors, according to the limitation and appointment
aforesaid, by reason of any goods, wares, or merchandises to be shipped
out, or any return to be made of any goods, wares, or merchandise unto
or from the said parts of New England hereby mentioned to be granted
as aforesaid, or any the lands or territories aforesaid, that then,
and so often, and in such case, the farmers, customers, and officers
of Our customs of England and Ireland, and every of them for the time
being, upon request made to them by the said Governor and Company, or
their successors, factors, or assignees, and upon convenient security
to be given in that behalf, shall give and allow unto the said Governor
and Company, and their successors, and to all and every person and persons
free of that Company, as aforesaid, six months time for the payment
of the one half of all such custom and subsidy as shall be due and payable
unto Us, Our heirs and successors, for the same; for which these Our
letters patent, or the duplicate, or the enrollment thereof, shall be
unto Our said officers a sufficient warrant and discharge. Nevertheless,
Our will and pleasure is, that if any of the said goods, wares, and
merchandise, which be, or shall be at any time hereafter land or exported
out of any of Our realms aforesaid, and shall be shipped with a purpose
not to be carried to the parts of New England aforesaid, but to some
other place, that then such payment, duty, custom, imposition, or forfeiture,
shall be paid, or belong to Us, Our heirs and successors, for the said
goods, wares, and merchandise, so fraudulently sought to be transported,
as if this Our grant had not been made nor granted.
And, We do further will, and by these presents, for Us, Our heirs and
successors, firmly enjoin and command, as well the Treasurer, Chancellor
and Barons of the Exchequer, of Us, Our heirs and successors, as also
all and singular the customers, farmers, and collectors of the customs,
subsidies, and imposts and other the officers and ministers of Us, Our
heirs and successors whatsoever, for the time being, that they and every
of them, upon the strewing forth unto them of these letters patents,
or the duplicate or exemplification of the same, without any other writ
or warrant whatsoever from Us, Our heirs or successors, to be obtained
or sued forth, do and shall make full, whole, entire, and due allowance,
and clear discharge unto the said Governor and Company, and their successors,
of all customs, subsidies, impositions, taxes and duties whatsoever,
that shall or may be claimed by Us, Our heirs and successors, of or
from the said Governor and Company, and their successors, for or by
reason of the said goods, chattels, wares, merchandises, and premises
to be exported out of Our said dominions, or any of them, into any part
of the said lands or premises hereby mentioned, to be given, granted,
and confirmed, or for, or by reason of any of the said goods, chattels,
wares, or merchandizes to be imported from the said lands and premises
hereby mentioned, to be given, granted, and confirmed into any of Our
said dominions, or any part thereof as aforesaid, excepting only the
said five pounds per centum hereby reserved and payable after the expiration
of the said term of seven years as aforesaid, and not before: and these
Our letters-patents, or the enrollment, duplicate, or exemplification
of the same shall be for ever hereafter, from time to time, as well
to the Treasurer, Chancellor and Barons of the Exchequer of Us, Our
heirs and successors, as to all and singular the customers, farmers,
and collectors of the customs, subsidies, and imposts of Us, Our heirs
and successors, and all searchers, and other the officers and ministers
whatsoever of Us, Our heirs and successors, for the time being, a sufficient
warrant and discharge in this behalf.
And, further Our will and pleasure is, and We do hereby for Us, Our
heirs and successors, ordain and declare, and grant to the said Governor
and Company, and their successors, that all and every the subjects of
Us, Our heirs or successors, which shall go to and inhabit within the
said lands and premises hereby mentioned to be granted, and every of
their children which shall happen to be born there, or on the seas in
going thither, or returning from thence, shall have and enjoy all liberties
and immunities of free and natural subjects within any of 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 that the Governor and Deputy Governor of the said Company
for the time being, or either of them, and any two or more of such of
the said Assistants as shall be thereunto appointed by the said Governor
and Company at any of their Courts or Assemblies to be held as aforesaid,
shall and may at all times, and from time to time hereafter, have full
power and authority to minister and give the oath and oaths of supremacy
and allegiance, or either of them, to all and every person and persons,
which shall at any time or times hereafter go or pass to the lands and
premises hereby mentioned to be granted to inhabit in the same.
And, We do of Our further grace, certain knowledge and mere motion,
give and grant to the said Governor and Company, and their successors,
that it shall and may be lawful, to and for the Governor or Deputy Governor,
and such of the Assistants and freemen of the said Company for the time
being as shall be assembled in any of their general Courts aforesaid,
or in any other Courts to be specially summoned and assembled for that
purpose, or the greater part of them (whereof the Governor or Deputy
Governor, and six of the Assistants to be always seven) from time to
time, to make, ordain, and establish all manner of wholesome and reasonable
orders, laws, statutes, and ordinances, directions, and instructions,
not contrary to the laws of this Our realm of England, as well for selling
of the forms and ceremonies of government and magistracy fit and necessary
for the said plantation, and the inhabitants there, and for naming and
setting of all sorts of officers, both superior and inferior, which
they shall find needful for that government and plantation, and the
distinguishing and setting forth of the several duties, powers, and
limits of every such office and place, and the forms of such oaths warrantable
by the laws and statutes of this Our realm of England, as shall be respectively
ministered unto them for the execution of the said several offices and
places; as also, for the disposing and ordering of the elections of
such of the said officers as shall be annual, and of such others as
shall be to succeed in case of death or removal and ministering the
said oaths to the new elected officers, and for impositions of lawful
fines, mulcts, imprisonment, or other lawful correction, according to
the course of other corporations in this Our realm of England, and for
the directing, ruling, and disposing of all other matters and things,
whereby Our said people, inhabitants there, may be so religiously, peaceably,
and civilly governed, as their good life and orderly conversation, may
win and incite the natives of country to the knowledge and obedience
of the only true God and Savior of mankind, and the Christian faith,
which in Our royal intention, and the adventurers free profession, is
the principal end of this plantation.
Willing, commanding, and requiring, and by these presents for Us, Our
heirs successors, ordaining and appointing, that all such orders, laws,
statutes and ordinances, instructions and directions, as shall be so
made by the Governor, or Deputy Governor of the said Company, and such
of the Assistants and freemen as aforesaid, and published in writing,
under their common seal, shall be carefully and duly observed, kept,
performed, and put in execution, according to the true intent and meaning
of the same; and these Our letters-patents, or the duplicate or exemplification
thereof, shall be to all and every such officers, superior and inferior,
from time to time, for the putting of the same orders, laws, statutes,
and ordinances, instructions, and directions, in due execution against
Us, Our heirs and successors, a sufficient warrant and discharge.
And We do further, for Us, Our heirs and successors, give and grant
to the said Governor and Company, and their successors by these presents,
that all and every such chief commanders, captains, governors, and other
officers and ministers, as by the said orders, laws, statutes, ordinances,
instructions, or directions of the said Governor and Company for the
time being, shall be from time to time hereafter employed either in
the government of the said inhabitants and plantation, or in the way
by sea thither, or from thence, according to the natures and limits
of their offices and places respectively, shall from time to time hereafter
for ever, within the precincts and parts of New England hereby mentioned
to be granted and confirmed, or in the way by sea thither, or from thence,
have full and absolute power and authority to correct, punish, pardon,
govern, and rule all such the subjects of Us, Our heirs and successors,
as shall from time to time adventure themselves in any voyage thither
or from thence, or that shall at any time hereafter, inhabit within
the precincts and parts of New England aforesaid, according to the orders,
laws, ordinances, instructions, and directions aforesaid, not being
repugnant to the laws and statutes of Our realm of England as aforesaid.
And We do further, for Us, Our heirs and successors, give and grant
to the said Governor and Company, and their successors, by these presents,
that it shall and may be lawful, to and for the chief commanders, governors,
and officers of the said Company for the time being, who shall be resident
in the said part of New England in America, by these presents granted,
and others there inhabiting by their appointment and direction, from
time to time, and at all times hereafter for their special defense and
safety, to encounter, expulse, repel, and resist by force of arms, as
well by sea as by land, and by all fitting ways and means whatsoever,
all such person and persons, as shall at any time hereafter, attempt
or enterprise the destruction, invasion, detriment, or annoyance to
the said plantation or inhabitants, and to take and surprise by all
ways and means whatsoever, all and every such person and persons, with
their ships, armor, munitions and other goods, as shall in hostile manner
invade or attempt the defeating of the said plantation, or the hurt
of the said Company and inhabitants: nevertheless, Our will and pleasure
is, and We do hereby declare to all Christian kings, princes and states,
that if any person or persons which shall hereafter be of the said Company
or plantation or any other by license or appointment of the said Governor
and Company for the time being, shall at any time or times hereafter,
rob or spoil, by sea or by land, or do any hurt, violence, or unlawful
hostility to any of the subjects of Us, Our heirs or successors, or
any of the subjects of any prince or state, being then in league and
amity with Us, Our heirs and successors, and that upon such injury done
and upon just complaint of such prince or state or their subjects, We,
Our heirs and successors shall make open proclamation within any of
the parts within Our realm of England, commodious for that purpose,
that the person or persons having committed any such robbery or spoil,
shall within the term limited by such a proclamation, make full restitution
or satisfaction of all such injuries done, so as the said princes or
others so complaining, may hold themselves fully satisfied and contented;
and that if the said person or persons, having committed such robbery
or spoil, shall not make, or cause to be made satisfaction accordingly,
within such time so to be limited, that then it shall be lawful for
Us, Our heirs and successors, to put the said person or persons out
of Our allegiance and protection, and that it shall be lawful and free
for all princes to prosecute with hostility, the said offenders, and
every of them, their and every of their procurers, aiders, abettors,
and comforters in that behalf.
Provided also, and Our express will and pleasure is, and We do by these
presents for Us, Our heirs and successors ordain and appoint that these
presents shall not in any manner enure, or be taken to abridge, bar,
or hinder any of Our loving subjects whatsoever, to use and exercise
the trade of fishing upon that coast of New England in America, by these
presents mentioned to be granted. But that they, and every, or any of
them shall have full and free power and liberty to continue and use
their said trade of fishing upon the said coast, in any the seas thereunto
adjoining, or any arms of the seas or saltwater rivers where they have
been wont to fish, and to build and set up upon the lands by these presents
granted, such wharves, stages, and workhouses as shall be necessary
for the salting, drying, keeping, and packing up of their fish, to be
taken or gotten upon that coast; and to cut down, and take such trees
and other materials there growing, or being, or shall be needful for
that purpose, and for all other necessary easements, helps, and advantage
concerning their said trade of fishing there, in such manner and form
as they have been heretofore at any time accustomed to do, without making
any willful waste or spoil, any thing in these presents contained to
the contrary notwithstanding.
And We do further, for Us, Our heirs and successors, ordain and grant
to 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, and to all intents and constructions of law, according
to Our true meaning herein before declared, and shall be construed,
reputed, and adjudged in all cases most favorably on the behalf, and
for the benefit and behoof of the said Governor and Company and their
successors: although express mention of the true yearly value or certainty
of the premises or any of them; or of any other gifts or grants, by
Us, or any of Our progenitors or predecessors to the foresaid Governor
or Company before this time made, in these presents is not made; or
any statute, act, ordinance, provision, proclamation, or restraint to
the contrary thereof, heretofore had, made, published, ordained, or
provided, or any other matter, cause, or thing whatsoever to the contrary
thereof in any wise notwithstanding.
IN WITNESS whereof, We have caused these Our letters
to be made Patents.
WITNESS Ourself, at Westminster, the fourth day of March,
in the fourth year of Our reign.
Per Breve de Privato Sigillo, Wolseley. Praedictus Matthaeus Cradock
Juratus est de Fide et Obedientia Regi et Successoribus suis, et de
Debita Executione Officii Guberatoris Juxta Tenorem Praesentium, 18°
Martii, 1628. Coram me Carolo Casare Milite in Cancellaria Mro. (Latin
text meaning that Chancellor Wolseley has sworn in Matthew Cradock as
Governor, 18 March, 1628/'29.)
CHAR. CAESAR. (King Charles I)
(Document bearing the Great Seal of England impressed into wax,
a parti-colored silk string imbedded therein.)
Return to the Texts index
