L vernor, and 12 Affiftants to be elected from time to time. First Governor, DeputyGovernor & Affiftants appointed. Governor & Deputy-Governor's power to call a Gen. Aflembly. Two General Affemblies in a year, viz. in May and October. and their Succeffors, there shall be One Governor, One Deputy-Governor, A Governor, and Twelve Affistants, to be from Time to Time constituted, elected and Deputy-Go- chofen 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 faid Officer's shall apply themselves to take Care for the best disposing and ordering of the general Business and Affairs of and concerning the Land and Hereditaments herein after mentioned to be granted, and the Plantation thereof, and the Government of the People thereof: And for the better Execution of Our Royal Pleasure herein, We do for Us, Our Heirs, and Succeffors, affign, name, constitute and appoint the aforesaid John Winthrop to be the first and present Governor of the said Company, and the faid John Mason to be the Deputy-Governor, and the said Samuel Wyllys, Matthew Allyn, Nathan Gold, Henry Clarke, Richard Treat, Jokn Ogden, John Tapping, John Talcott, Thomas Wells, Henry Welcott, Richard Lord, and Daniel Clarke, to be the Twelve present Afsistants of the faid Company, to continue in the faid several Offices respectively, until the second Thursday which shall be in the Month of Oftober now next coming. 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 by his Leave or Permiffion, the Deputy-Governor for the Time being, shall and may from Time to Time upon all Occasions, give Order for the assembling of the faid Company, and calling them together to confult and advise of the Business and Affairs of the faid Company, and that for ever hereafter, twice in every Year, That is to say, On every Second Thursday in October, and on every Second Thursday in May, or oftner in cafe it shall be requisite; the Afsistants, and Freemen of the faid Company, or such of them (not exceeding Two Perfons from each Place, Town, or City) who shall be from Time to Time thereunto elected or deputed by the major Part of the Freemen of the respective Towns, Cities, and Places for which they shall be elected or deputed, shall have a General Meeting, or Assembly, then and there to confult and advise in and about the Affairs and Business of the faid Company: and that the Governor, or in his Absence the Deputy-Governor of the faid Company for the Time being, and fuch of the Assistants and Freemen of the faid Company as shall be so elected or deputed, and be present at such Meeting or Affembly, or the greatest Number of them, whereof the Governor or Deputy-Governor, and Six of the Assistants at least, to be Seven, shall be called the General Affembly, and shall have full Power and Authority to alter and change their Days and Times of Meeting, or General Affemblies, for electing the Governor, Deputy-Governor, and Affistants, or other Officers, or any other Courts, Assemblies or Meetings, and to choose, nominate and appoint foch and so many other Persons as they shall think fit, and shall be willing to accept the fame, to be Free of the faid Company, and Body Politick, and them into the fame to admit; And to elect and conftitute such Officers as they shall think fit and requifite for the ordering, managing and difpofing of the Affairs of the faid Governor and Company, and their Sccessors: And We do hereby for Us, Our Heirs and Succeffors, establish and ordain, That once in the Year for ever hereafter, Namely, the faid Second Thursday in May, the Governor, Deputy-Governor, and Assistants of the faid Company, and other Officers of the faid Company, or fuch of them as the faid General Assembly shall think fit, shall be in the faid General Court and Assembly to be held from that Day or Time, newly chosen for the Year ensuing, by fuch greater Part of the faid Company for the Time being, then and there prelent; and if the Governor, DeputyGovernor, and Assistants by these Presents appointed, or fuch as hereafter be newly chosen into their Rooms, or any of them, or any other the Officers to be appointed for the faid Company shall die, or be removed from his or their several Offices or Places before the faid general Day of Election, whom We do hereby declare for any Misdemeanor or Default, to be removable by the Governor, Affiftants, and Company, or fuch greater Part of them in any of the faid public Courts to be affembled, as is aforesaid, that then, Power to alter their days of meeting. To appoint freemen, and constitute officers. Power to chufe new of ficers in cafe of the death or removal of others. then, and in every such Cafe, it shall and may be lawful to and for the Go vernor, Deputy-Governor, and Assistants, and Company aforesaid, or such greater Part of them so to be affembled, as is aforesaid, in any of their Affemblies, to proceed to a new Election of one or more of their Company, in the Room or Place, Rooms or Places of fuch Governor, Deputy-Governor, Assistant, or other Officer or Officers so dying or removed, according to their Difcretions, and immediately upon and after such Election or Elections made of such Governor, Deputy-Governor, Afsistant or Assistants, or any other Officer of the faid Company, in Manner and Form aforesaid, the Authority, Office and Power before given to the former Governor, DeputyGovernor, or other Officer and Officers so removed, in whose Stead and Place new shall be chosen, shall as to him and them, and every of them respectively, cease and determine. 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 Afsistants 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 faid Offices and Places respectively, take their several and respective corporal Oaths for the due and faithful Performance of their Duties, in their several Offices and Places, before fuch Peson or Persons as are by these Presents hereafter appointed to take and receive the fame; That is to say, The said Jobn Winthrop, who is herein before nominated and appointed the present Governor of the said Company, shall take the faid Oath before One or more of the Masters of Our Court of Chancery for the Time being, unto which Master of Chancery, We do by these Presents give full Power and Authority to adminifter the said Oath to the said John Winthrop accordingly: And the faid John Mason, who is herein before nominated and appointed the present Deputy-Governor of the faid Company, shall take the faid Oath before the faid John Winthrop, or any Two of the Affiftants of the said Company, unto whom We do by these Presents give full Power and Authority to adminifter the said Oath to the said John Mason accordingly: And the faid Samuel Wyllys, Henry Clarke, Matthew Allyn, John Tapping, Nathan Gold, Richard Treat, Richard Lord, Henry Wolcott, John Talcott, Daniel Clarke, John Ogden, and Thomas Wells, who are herein before nominated and appointed the present Assistants of the faid Company, shall take the Oath before the faid John Winthrop, and John Mason, or One of them, to whom We do hereby give full Power and Authority to adminifter the fame accordingly. And Our further Will and Pleasure is, that all and every Governor, or DeputyGovernor to be elected and chosen by Virtue of these Presents, shall take the faid Oath before Two or more of the Assistants of the faid Company for the Time being, unto whom We do by these Presents give full Power and Authority to give and administer the faid Oath accordingly; and the faid Assistants, and every of them, and all and every other Officer or Officers to be hereafter chosen from Time to Time, to take the faid Oath before the Governor, or Deputy-Governor for the Time being, unto which Governor, or Deputy-Governor We do by these Presents give full Power and Authority to administer the fame accordingly. And further, Of Our more ample Grace, certain Knowledge, and meer Motion, We have given and granted, and by these Presents for Us, Our Heirs and Successors, do give and grant unto the faid Governor and Company of the English Colony of Connecticut, in New-England, in America, and to every Inhabitant there, and to every Person and Perfsons trading thither, and to every fuch Perfon and Perfons as are or shall be Free of the faid Colony, full Power and Authority from Time to Time, and at all Times hereafter, to take Ship, Transport and carry away for and towards the Plantation and Defence of the faid Colony, fuch of Our loving Subjects and Strangers, as shall or will willingly accompany them in, and to their faid Colony and Plantation, except fuch Perfon and Persons as are or shall be therein restrained by Us, Our Heirs and Successors; and alfo to ship and transport all, and all Manner of Goods, Chattels, Merchandizes, and other Things whatsoever that are or shall be useful or necessary for the Inhabitants of the faid Colony, and may lawfully be cers power to the choice of ceafe, upon Governor, D: Assistants to formance Power to merchandi 1 The king's subjects in this colony to enjoy all the privileges of free and na tural subjects. Power to adoath of fupre, minifter the macy and o bedience. dicatories. be transported thither; Nevertheless, not to be discharged of Payment to Us, our Heirs and Successors, of the Duties, Customs and Subfidies which are or ought to be paid or payable for the fame. And further, Our Will and Pleasure is, and We do for Us, Our Heirs and Succeffors, ordain, declare, and grant unto the faid Governor and Company, and their Succeffors, That all, and every the Subjects of Us, Our Heirs, or Succeffors, which shall go to inhabit within the faid Colony, 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 the Dominions of Us, Our Heirs or Succeffors, to all Intents, Constructions and Purposes whatsoever, as if they and every of them were born within the Realm of England; And We do authorise and impower the Governor, or in his Absence the Deputy-Governor for the Time being, to appoint Two or more of the faid Affiftants at any of their Courts or Affemblies to be held as aforesaid, to have Power and Authority to administer the Oath of Supremacy and Obedience to all and every Perfon and Persons which shall at any Time or Times hereafter go or pass into the faid Colony of Connecticut, unto which faid Assistants fo to be appointed as aforesaid, We do by these Presents give full Power and Authority to adminifter the faid Oath accordingly. And We do further of Our efpecial Grace, certain Knowledge, and mere Motion, give, and grant unto the said Governor and Company of the English Colony of Connecticut, in New-England, in America, and their Succeffors, That it shall and may be lawful to and for the Governor, or Deputy-Governor, and such of the Affiftants of the faid Company for the Time being as shall be Affembled in any of the General Courts aforesaid, or in any Courts to be especially summoned or affembled for that Purpose, or the greater part of them, whereof the Governor, or Deputy-Governor, and Six of the Assistants to To erect ju- be always Seven, to erect and make such Judicatories, for the hearing, and determining of all Actions, Causes, Matters, and Things happening within the faid Colony, or Plantation, and which shall be in Dispute, and Depending there, as they shall think Fit, and Convenient, and alfo from Time to Time to Make, Ordain, and Establish all manner of wholesome, and reasonable Laws, Statutes, Ordinances, Directions, and Instructions, To ordain & establish laws for fettling the forms of not Contrary to the Laws of this Realm of England, as well for fettling the Forms, and Ceremonies of Government, and Magistracy, fit and neceffagovernment, ry for the faid Plantation, and the Inhabitants there, as for Naming, and &c. To impose fines, mulcts, &c. Laws to be published. Stiling all Sorts of Officers, both Superior and Inferior, which they shall find Needful for the Government, and Plantation of the faid Colony, and the diftinguishing and setting forth of the several Duties, Powers, and Limits of every such Office and Place, and the Forms of such Oaths not being contrary to the Laws and Statutes of this Our Realm of England, to be adminiftred for the Execution of the faid several Offices and Places as also for the disposing and ordering of the Election of fuch of the faid Officers as are to be annually chofen, and of fuch others as shall fucceed in cafe of Death or Removal, and administring the faid Oath to the newelected Officers, and granting necessary Commissions, and for Imposition of lawful Fines, Mulets, Imprisonment or other Punishinent upon Offenders and Delinquents according to the Course of other Corporations within this our Kingdom of England, and the same Laws, Fines, Mulets and Executions, to alter, change, revoke, annul, release, or pardon under their Common Seal, as by the faid General Affembly, or the major Part of them shall be thought fit, and for the directing, ruling and difpofing of all other Matters and Things, whereby Our faid People Inhabitants there, may be fo religiously, peaceably and civilly governed, as their good Life and orderly Conversation may win and invite the Natives of the Country to the Knowlege and Obedience of the only true GOD, and the Saviour of Mankind, and the Chriftian Faith, which in Our Royal Intentions, and the Adventurers free Poffeffion, is the only and principal End of this Plantation; willing, commanding and requiring, and by these Presents for Us, Our Heirs and Successors, ordaining and appointing, that all fuch Laws, Statutes and Ordinances, Instructions, Impositions and Directions as shall be fo made by the Governor, 7 Laws to be tion. 4 Power to af femble & put in warlike posture the Inhabitants. Governor, Deputy-Governor, and Assistants as aforesaid, and published in Writing under their Common Seal, shall carefully and duly be observed, kept, performed, and put in Execution, according to the true Intent and put in Execu Meaning of the fame, and these Our Letters Patents, or the Duplicate, or Exemplification thereof, shall be to all and every such Officers, Superiors and Interiors from Time to Time, for the putting of the same Orders, Laws, Statutes, 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 unto the faid 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 Parts of New-England hereafter mentioned, and others inhabiting there, by their Leave, Admittance, Appointment, or Direction, from Time to Time, and at all Times hereafter, for their special Defence and Safety, to Assemble, Martial-Array, and put in warlike Posture the Inhabitants of the faid Colony, and to Commiffionate, Impower, and Authorize fuch Perfon or Persons as they shall think fit, to lead and conduct the faid Inhabitants, and to encounter, expulse, repel and refift by Force of Arms, as well by Sea as by Land, and also to kill, flay, and destroy by all fitting Ways, Enterprizes, and Means whatsoever, all and every such Perfon or Persons as shall at any Time hereafter attempt or enterprize the Destruction, Invasion, Detriment, or Annoyance of the said Inhabitants or Plantation, and to use and exercise the Law Martial in such Cafes only as Occafion To use the thall require; and to take or furprize by all Ways and Means whatsoever, Law Martial all and every such Person and Persons, with their Ships, Armour, Ammunition and other Goods of such as shall in such hoftile Manner invade or attempt the defeating of the faid Plantation, or the hurt of the faid Company and Inhabitants, and upon just Causes to invade and destroy the Natives, or other Enemies of the said Colony. Nevertheless, Our Will and Pleasure is, and We do hereby declare unto all Christian Kings, Princes, and States, that if any Persons which shall hereafter be of the faid Company or Plantation, or any other by Appointment of the faid Governor and Company for the Time being, shall at any Time or Times hereafter rob or Ipoil by Sea or by Land, and do any Hurt, Violence, or unlawful Hoftility to any of the Subjects of Us, Our Heirs or Succeffors, or any of the Subjects of any Prince or State being then in League with Us, Our Heirs or Succeffors, upon Complaint of fuch Injury done to any fuch Prince or State, or their Subjects, We, Our Heirs and Successors will make open Proclamation within any Pacs of Our Realm of England fit for that Purpose, that the Perfon or Perfons committing any fuch Robbery or Spoil, fhall within the Time limited by such Proclamation, make full Restitution or Satisfaction of all such Injuries done or committed, so as the faid Prince, or others fo complaining may be fully fatisfied and contented; and if the faid Perfon or Perfons who shall commit any fuch Robbery or Spoil shall not make Satisfaction accordingly, within such Time so to be limited, that then it shall and may be lawful for Us, Our Heirs and Successors, to put such Perfon or Perfons out of Our Allegiance and Protection; and that it shall and may be lawful and free for all Princes or others to profecute with Hostility fuch Offenders, and every of them, their, and every of their Procurors, Aiders, Abettors and Counsellors in that Behalf. Provided also, and Our express Will and Pleasure is, and We do by thefe Presents for Us, Our Heirs, and Successors, Ordain and Appoint, that these Presents shall not in any Manner hinder any of Our loving Subjects whatsoever to use and exercise the Trade of Fishing upon the Coast of New-England, in America, but they and every or any of them shall have full and free Power and Liberty, to continue, and use the faid Trade of Fishing upon the faid Coaft, in any of the Seas thereunto adjoining, or any Arms of the Seas, or Salt Water Rivers where they have been accustomed to fish, and to build and fet up on the waste Land belonging to the faid Colony of Connecticut, fuch Wharves, Stages, and Work-Houses as shall be necessary for the falting His Majesty's to all Princes and States, against such as spoil by Sea robor or Land. Liberty re served for all his Majesty's subjects to fish upon the coaff To build Wharves, & upon walte Lands 4 Grant of the lands within the limits expressed to the governor and company, with the commodities thereof, &c. To be held in free and com mon foccage. The patent to have the most favorable conftruction for the benefit of the govrnor and company. drying, and keeping of their Fish to be taken, or gotten upon that Coast any Thing in these Presents contained to the contrary notwithstanding. And Know Ye further, That We, of Our abundant Grace, certain Knowledge, and mere Motion, have given, granted, and confirmed, and by these Presents for Us, our Heirs and Successors, do give, grant and confirm unto the faid Governor and Company, and their Succeffors, all that Part of Our Dominions in New-England in America, bounded on the East by NarragansetRiver, commonly called Narraganset-Bay, where the faid River falleth into the Sea; and on the North by the Line of the Mafsachusetts-Plantation; and on the South by the Sea; and in Longitude as the Line of the MassachusettsColony, running from East to West, That is to say, From the faid Narraganfet-Bay on the East, to the South Sea on the West Part, with the Islands thereunto adjoining, together with all firm Lands, Soils, Grounds, Havens, Ports, Rivers, Waters, Fishings, Mines, Minerals, precious Stones, Quarries, and all and fingular other Commodities, Jurisdictions, Royalties, Privileges, Franchises, Preheminences, and Hereditaments whatsoever, within the faid Tract, Bounds, Lands, and Islands aforesaid, or to them or any of them belonging. To have and to hold the same unto the faid Governor and Company, their Successors and Assigns for ever, upon Trust, and for the Ufe and Benefit of Themselves and their Associates, Freemen of the faid Colony, their Heirs and Affigns, to be holden of Us, Our Heirs and Successors, as of Our Manor of East Greenwich, in free and common Soccage, and not in Capite, nor by Knights 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 of all Services, Duties and Demands whatsoever, to be to Us, our Heirs, or Successors therefore, or thereout rendered, made, or paid. And lastly, We do for Us, our Heirs and Successors, grant to the faid Governor and Company, and their Successors, by these Presents, That these Our Letters Patents, shall be firm, good and effectual in the Law, to all Intents, Constructions, and Purposes whatsoever, according to Our true Intent and Meaning herein before declared, as shall be construed, reputed and adjudged most favourable on the Behalf, and for the best 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 of any of them, or of any other Gifts or Grants by Us, or by any of Our Progenitors, or Predecessors, heretofore made to the said Governor and Company of the English Colony of Connecticut, in New-England, in America, aforesaid, in these Presents is not made, or any Statute, Act, Ordinance, Provifion, Proclamation, or Restriction heretofore had, made, enacted, ordained, or provided, or any other Matter, Cause, or Thing whatsoever, to the contrary thereof, in any wife notwithstanding. In Witness whereof, We have caused these Our Letters to be made Patents. Witness Ourself at Westminster, the Three and Twentieth Day of April, in the Fourteenth Year of our Reign. By Writ of Privy Seal, HOWARD; |