|
CHARLES THE SECOND, BY THE GRACE OF GOD, King of England, Scotland, France
and Ireland, defender of the Faith, &c.; To all to whome theis presents
shall come Greetinge:
WHEREAS, by the severall Navigacons, discoveryes and
susccessfull Plantacons of diverse of our loving Subjects of this our
Realme of England, Severall Lands, Islands,Places, Colonies and Plantacons
have byn obtayned and setled in that parte of the Continent of America
called New England, and thereby the Trade and Comerce there hath byn of
late yeares much increased,
AND WHEREAS, wee have byn informed by the
humble Peticon of our Trusty and welbeloved John Winthrop, John Mason,
Samuell Willis, Henry Clerke, Mathew Allen, John Tappen, Nathan Gold,
Richard Treate, Richard Lord, Henry Woolicott, John Talcott, Daniell
Clerke, John Ogden, Thomas Wells, Obedias Brewen, John Clerke, Anthony
Haukins, John Deming and Mathew Camfeild, being Persons Principally
interested in our Colony or Plantacon of Connecticut in New England, that
the same Colony or the greatest parte thereof was purchased and obteyned
for greate and valuable Consideracons, And some other part thereof gained
by Conquest and with much difficulty, and att the onely endeavours, expence
and Charge of them and their Associates, and those vnder whome they Clayme,
Subdued and improved, and thereby become a considerable enlargement and
addicon of our Dominions and interest there.
--NOW KNOW YEA, that in consideracion thereof, and in regard the said
Colony is remote from other the English Plantacons in the Places
aforesaid, And to the end the Affaires and Business which shall from tyme
to tyme happen or arise concerning the same may be duely Ordered and
managed.
WEE HAVE thought fitt, and att the humble Peticon of the Persons
aforesaid, and are graciously pleased to Create and Make them a Body
Pollitique and Corporate, with the powers and Priviliges herein after
menconed; And Accordingly Our will and pleasure is, and of our especiall
grace, certeine knowledge and meere mocon wee have Ordeyned, Constituted
and Declared, And by theis presents, for vs, our heires and Successors,
Doe Ordeine, Constitute and Declare That they, the said John Winthrop,
John Mason, Samuell Willis, Henry Clerke, Mathew Allen, John Tappen,
Nathan Gold, Richard Treate, Richard Lord, Henry Woollcot, John Talcot,
Daniell Clerke, John Ogden, Thomas Wells, Obadiah Brewen, John Clerke,
Anthony Hawkins, John Deming and Mathew Camfeild, and all such others as
now are or hereafter shall bee Admitted and made free of the Company and Society of our Collony of Connecticut in America, shall from
tyme to tyme and forever hereafter, bee one Body Corporate and Pollitique
in fact and name, by the Name of Governour and Company of the English
Collony of Connecticut in New England in America; And that by the same
name they and their Successors shall and may have perpetuall Succession, and shall and mey bee Persons able and Capable
in the law to Plead and bee Impleaded, to Answere and to be Answered vnto,
to Defend and bee Defended in all and Singular, Suits, Causes, quarrelles,
Matters, Accons and things of what kind or nature soever, And alsoe to
have, take, possesse, acquire and purchase lands Tenements or
hereditaments, or any goods or Chattells, and the same to, Lease, Graunt,
Demise, Alien, bargaine, Sell and dispose of, as other our leige People of
this our Realme of England, or any other Corporacon or Body Politique
within the same may lawfully doe.
AND FURTHER, that the said Governour and
Company, and their Successors shall and may for ever hereafter have a Comon
Seale to serve and vse for all Causes, matters, things and affaires,
whatsoever of them and their Successors, and the same Seale to alter,
change, breake and make new from tyme to tyme att their wills and
pleasures, as they shall thinke fitt. And further, wee will and Ordeine,
and by theis presents for vs, our heires and Successors Doe Declare and
appoint, that for the better ordering and manageing of the affaires and
businesse of the said Company and their Successors, there shall be one
Governour, one Deputy Governour and Twelve Assistants to bee from tyme to
tyme Constituted, Elected and Chosen out of the Freemen of the said Company
for the tyme being, in such manner and forme as hereafter in these presents
is expressed; which said Officers shall apply themselves to take care for
the best disposeing and Ordering of the Generall business and affaires of
and concerning the lands and hereditaments herein after menconed to bee
graunted, and the Plantacon thereof and the Government of the People
thereof. And for the better execucon of our Royall Pleasure herein, WEE DOE
for vs, our heires and Successors, Assigne, name, Constitute and appoint
the aforesaid John Winthrop to bee the first and present Governour of the
said Company; And the said John Mason to bee the Deputy Governour; And the
said Samuell Willis, Mathew Allen, Nathan Gold, Henry Clerke, Richard
Treat, John Ogden, Thomas Tappen, John Talcott, Thomas Wells, Henry
Woolcot, Richard Lord and Daniell Clerke to bee the Twelve present
Assistants of the said Company; to contynue in the said severall Offices
respectively, vntill the second Thursday which shall bee in the moneth of
October now next comeing.
AND FURTHER, wee will, and by theis presents for
vs, our heires and Successors DOE Ordaine and Graunt that the Governour of
the said Company for the tyme being, or, in his absence by occasion of
sicknes, or otherwise by his leave or permission, the Deputy Governour for
the tyme being, shall and may from tyme to tyme vpon all occasions give
Order for the assembling of the said Company and calling them together to
Consult and advise of the businesse and Affairs of the said Company, And
that for ever hereafter Twice in every yeare, (That is to say,) on every
Second Thursday in October and on every Second Thursday in May, or oftener,
in Case it shall bee requisite, The Assistants and freemen of the said
Company, or such of them, (not exceeding twoe Persons from each Place,
Towne or Citty) whoe, shall bee from tyme to tyme therevnto Elected or
deputed by the major parte of the freemen of the respective Townes, Cittyes
and Places for which they shall bee soe elected or Deputed, shall have a
generall meeting or Assembly, then and their to Consult and advise in and
about the Affaires And businesse of the said Company; And that the
Governour, or in his absence the Deputy Governour of the said Company for
the tyme being, and such of the Assistants and freemen of the said Company
as shall be soe Elected or Deputed and bee present att such meeting or
Assembly, or the greatest number of them, whereof the Governour or Deputy
Governour and Six of the Assistants, at least, to bee Seaven, shall be
called the Generall Assembly, and shall have full power and authority to
alter and change their dayes and tymes of meeting or Generall Assemblies
for Electing the Governour, Deputy Governour and Assistants or other
Officers or any other Courts, Assemblies or meetings, and to Choose,
Nominate and appoint such and soe many other Persons as they shall thinke
fitt and shall bee willing to accept the same, to bee free of the said
Company and Body Politique, and them into the same to Admitt and to Elect,
and Constitute such Officers as they shall thinke fitt and requisite for
the Ordering, Manageing and disposeing of the Affaires of the said
Governour and Company and their Successors. AND WEE DOE hereby for vs, our
heires and Successors, Establish and Ordeine, that once in the yeare for
ever hereafter, namely, the said Second Thursday in May, the Governour,
Deputy Governour, and Assistants of the said Company and other Officers of
the said Company, or such of them as the said Generall Assembly shall
thinke fitt, shall bee in the said Generall Court and Assembly to be held
from that day or tyme, newly Chosen for the yeare ensuing, by such greater
parte of the said Company for the tyme being then and there present. And if
the Governour, Deputy Governour and Assistants by these presents appointed,
or such as hereafter bee newly Chosen into their Roomes, or any of them, or
any other the Officers to bee appointed for the said Company shall dye or
bee removed from his or their severall Offices or Places before the said
Generall day of Eleccon, whome wee doe hereby Declare for any misdemeanour
or default to bee removeable by the Governour, Assistants and Company, or
such greater part of them in any of the said publique Courts to be
Assembled as is aforesaid, That then and in every such Case itt shall and
may bee lawfull to and for the Governour, Deputy Governour and Assistants
and Company aforesaid, or such greater parte of them soe to bee Assembled
as is aforesaid in any of their Assemblies, to proceede to a New Eleccon of
one or more of their Company in the Roome or place, Roomes or Places of
such Governour, Deputy Governour, Assistant or other Officer or Officers
soe dyeing or removed, according to their discretions; and immediately vpon
and after such Eleccon or Eleccons made of such Governour, Deputy
Governour, Assistant or Assistants, or any other Officer of the said
Company in manner and forme, Aforesaid, The Authority Office and Power
before given to the former Governour, Deputy Governour or other Officer and
Officers soe removed, in whose stead and Place new shall be chosen, shall
as to him and them and every of them respectively cease and determine.
PULMVIDED, alsoe, and our will and pleasure is, That as well such as are by
theis presents appointed to bee the present Governour, Deputy Governour and
Assistants of the said Company as those that shall succeed them, and all
other Officers to bee appointed and Chosen as aforesaid, shall, before they
vndertake the Execucon of their said Offices and places respectively, take
their severall and respective Corporall Oathes for the due and faithfull
performance of their dutyes in their severall Offices and Places, before
such Person or Persons as are by these Presents hereafter appoynted to take
and receive the same; That is to say, the said John Winthrop, whoe is
herein before nominated and appointed the present Governour of the said
Company, shall take the said Oath before one or more of the Masters of our
Court of Chancery for the tyme being, vnto which Master of Chancery WEE
DOE, by theis presents, give full power and authority to administer the
said Oath to the said John Winthrop accordingly. And the said John Mason,
whoe is herein before nominated and appointed the present Deputy Governour
of the said Company, shall take the said Oath before the said John
Winthrop, or any twoe of the Assistants of the said Company, vnto whome WEE
DOE by these presents, give full power and authority to Administer the said
Oath to the said John Mason accordingly. And the said Samuell Willis, Henry
Clerke, Mathew Allen, John Tappen, Nathan Gold, Richard Treate, Richard
Lord, Henry Woolcott, John Talcott, Daniell Clerke, John Ogden and Thomas
Welles, whoe are herein before Nominated and appointed the present
Assistants of the said Company, shall take the Oath before the said John
Winthrop and John Mason, or one of them, to whome WEE DOE hereby give full
power and authority to Administer the same accordingly. And our further
will and pleasure, is that all and every Governour or Deputy Governour to
bee Elected and Chosen by vertue of theis presents, shall take the said
Oath before two or more of the Assistants of the said Company for the tyme
being, vnto whom wee doe, by theis presents, give full power and authority
to give and Administer the said Oath accordingly. And the said Assistants
and every of them, and all and every other Officer or Officers to bee
hereafter Chosen from tyme to tyme, to take the said Oath before the
Governour or Deputy Governour for the tyme being, vnto which said Governour
or Deputy Governour wee doe, by theis presents, give full power and
authority to Administer the same accordingly.
AND FURTHER, of our more
ample grace, certeine knowledge and meere mocon WEE HAVE given and
Graunted, and by theis presents, for vs, our heires and Successors, ULME
give and Graunt vnto the said Governour and Company of the English Colony
of Connecticut in New England in America, and to every Inhabitant there,
and to every Person and Persons Trading thither, And to every such Person
and Persons as are or shall bee free of the said Collony, full power and
authority from tyme to tyme and att all tymes hereafter, to take, Ship,
Transport and Carry away, for and towards the Plantacon and defence of the
said Collony such of our loveing Subjects and Strangers as shall or will
willingly accompany them in and to their said Collony and Plantacon:
(Except such Person and Persons as are or shall bee therein restrayned by
vs, our heires and Successors:) And alsoe to Ship and Transport all and all
manner of goods, Chattells, Merchandizes and other things whatsoever that
are or shall be vsefull or necessary for the Inhabitants of the said
Collony and may lawfully bee Transported thither; Neverthe lesse, not to
bee discharged of payment to vs, our heires and Successors, of the Dutyes,
Customes and Subsidies which are or ought to bee paid or payable for the
same.
AND FURTHER, Our will and pleasure is, and WEE DOE for vs, our heires
and Successors, Ordeyne, Declare and Graunt vnto the said Governour and
Company and their Successors, That all and every the Subjects of vs, our
heires or Successors which shall goe to Inhabite within the said Colony,
and every of their Children which shall happen to bee borne there or on the
Sea in goeing thither or returneing from thence, shall have and enjoye all
liberties and immunities of free and naturall Subjects within any the
Dominions of vs, our heires or Successors, to all intents, Construccons and
purposes whatsoever, as if they and every of them were borne within the
Realme of England,
AND WEE DOE authorize and impower the Governour, or in
his absence the Deputy Governour for the tyme being, to appointe two or
more of the said assistants att any of their Courts or Assemblyes to bee
held as aforesaid, to have power and authority to Administer the Oath of
Supremacy and obedience to all and every Person and Persons which shall att
any tyme or tymes hereafter goe or passe into the said Colony of
Connecticutt, vnto which said Assistants soe to bee appointed as
aforesaid, WEE DOE, by these presents, give full power and authority to Administer the
said Oath accordingly.
AND WEE DOE FURTHER, of our especiall grace,
certeine knowledge and meere mocon, give and Graunt vnto the said Governour
and Company of the English Colony of Connecticutt in New England in
America, and their Successors, that itt shall and may bee lawful to and for
the Governour or Deputy Governour and such of the Assistants of the said
Company for the tyme being as shall bee Assembled in any of the Generall
Courts aforesaid, or in any Courts to be especially Sumoned or Assembled
for that purpose, or the greater parte of them, whereof the Governour or
Deputy Governour and Six of the Assistants, to be all wayes Seaven, to
Erect and make such Judicatories for the heareing and Determining of all
Accons, Causes, matters and things happening within the said Colony or
Plantacon and which shall bee in dispute and depending there, as they shall
thinke fitt and convenient; And alsoe from tyme to tyme to Make, Ordaine
and Establish All manner of wholesome and reasonable Lawes, Statutes,
Ordinances, Direccons and Instruccons, not contrary to the laws of this
Realme of England, as well for setling the formes and Ceremonies of
Government and Magestracy fitt and necessary for the said Plantacon and the
Inhabitants there as for naming and Stileing all sorts of Officers, both
superior and inferior, which they shall find needfull for the Government
and Plantacon of the said Colony, and the distinguishing and setting forth
of the severall Dutyes, Powers and Lymitts of every such Office and Place,
and the formes of such Oaths, not being contrary to the Laws and Statutes
of this our Realme of England, to bee administered for the Execucon of the
said severall Offices and Places; As alsoe for the disposeing and Ordering
of the Eleccon of such of the said Officers as are to bee Annually Chosen,
and of such others as shall succeed in case of death or removall, and
Administering the said Oath to the new Elected Officers, and Graunting
necessary Comissions, and for imposicon of lawfull Fines, Mulcts,
Imprisonment or other Punishment vpon Offenders and Delinquents, according
to the Course of other Corporacons within this our Kingdome of England, and
the same Lawes, fines, Mulcts and Execucons to alter, change, revoke,
adnull, release or Pardon, vnder their Comon Seale, As by the said Generall
Assembly or the major part of them shall be thought fitt; And for the
directing, ruleing and disposing of all other matters and things whereby
our said people, Inhabitants there, may bee soe religiously, peaceably and
civilly Governed as their good life and orderly Conversacon may wynn and
invite the Natives of the Country to the knowledge and obedience of the
onely true God and Saviour of mankind, and the Christian faith, which in
our Royall intencons and the Adventurers free profession is the onely and
principall end of this Plantacon; WILLING, Commanding and requireing, and
by these presents, for vs, our heires and Successors, Ordaineing and
appointeing. That all such Lawes, Statutes and Ordinances, Instruccons,
Imposicons, and Direccons as shall bee soe made by the Governour, Deputy
Governour, and Assistants, as aforesaid, and published in writeing vnder
their Comon Seale, shall carefully and duely bee observed, kept, performed
and putt in execucion, according to the true intent and meaning of the
same.
AND these our letters Patents, or the Duplicate or Exemplification
thereof, shall bee to all and every such Officers, Superiors and inferiors,
from tyme to tyme, for the Putting of the same Orders, Lawes, Statutes,
Ordinances, Instruccons and Direccons in due Execucon, against vs, our
heires and Successors, a sufficient warrant and discharge.
AND WEE DOE FURTHER, for vs, our heires and Successors, give and Graunt
vnto the said
Governor and Company and their Successors, by these presents, That itt
shall and may bee lawfull to and for the chiefe Commanders, Governours and
Officers of the said Company for the tyme being whoe shall bee resident in
the parts of New England hereafter menconed, and others inhabitating there
by their leave, admittance, appointment or direccon, from tyme to tyme and
att all tymes hereafter, for their speciall defence and safety, to
Assemble, Martiall, Array, and putt in Warlike posture the Inhabitants of
the said Colony, and to; Commissionate, Impower and authorize such Person
or Persons as they shall thinke fitt to lead and Conduct the said
Inhabitants, and to encounter, expulse, repell and resist by force of
Armes, as well by Sea as by land, And alsoe to kill, Slay and destroy, by
all fitting wayes, enterprizes and meanes whatsoever, all and every such
Person or Persons as shall at any tyme hereafter Attempt or enterprize the
destruccon, Invasion, detriment or annoyance of the said Inhabitants or
Plantacon, And to vse and exercise the law Martiall, in such Cases onely as
occasion shall require, And to take or surprize by all wayes and meanes
whatsoever, all and every such Person and Persons, with their Shipps,
Armour, Ammunicon, and other goods of such as shall in such hostile manner
invade or attempt the defeating of the said Plantacon or the hurt of the
said Company and Inhabitants; and vpon just Causes to invade and destroy
the Natives or other Enemyes of the said Colony.
NEVERTHELESSE, Our Will
and pleasure is, AND WEE DOE hereby Declare vnto all Christian Kings,
Princes and States, That if any Persons which shall hereafter Bee of the
said Company or Plantacon, or any other, by appointment of the said
Governor and Company for the tyme being, shall at any tyme or tymes
hereafter Robb or Spoile by Sea or by land, and doe any hurt, violence or
unlawful hostility to any of the Subjects of vs, our heires or Successors,
or any of the Subjects of any Prince or State beinge then in league with
vs, our heires or Successors, vpon Complaint of such injury done to any
such Prince or State, or their Subjects WEE, our heires and Successors,
will make open Proclamacon within any parts of our Realme of England fitt
for that purpose, That the Person or Persons committinge any such Robbery
or Spoile, shall within the tyme lymitted by such Proclamacon, make full
restitucon or satisfaccon of all such injuries done or committed, Soe as
the said Prince or others soe complayneing may bee fully satisfied and
contented. And if the said Person or Persons whoe shall committ any such
Robbery or Spoile shall not make satisfaccon accordingly, within such tyme
soe to bee limited, That then itt shall and may bee lawful for vs, our
heires and Successors, to put such Person or Persons out of our Allegiance
and Proteccon: And that it shall and may bee lawfull and free for all
Princes or others to Prosecute with hostility such Offenders and every of
them, their and every of their Procurers, ayders, Abettors and Councellors
in that behalfe. PULMVIDED, alsoe, and our expresse will and pleasure is,
AND WEE DOE by these presents for vs, our heires and Successors, Ordeyne
and appointe that these presents shall not in any manner hinder any of our
loveing Subjects whatsoever to vse and exercise the Trade of Fishinge vpon
the coast of New England in America, but they and every or any of them
shall have full and free power and liberty to contynue and vse the said
Trade of Fishing upon the said Coast, in any of the Seas therevnto
adioyning, or any Armes of the Seas or Salt Water Rivers where they have
byn accustomed to Fish, and to build and sett vpon the wast land belonging
to the said Colony of Connecticutt, such Wharfes, Stages and workehouses as
shall bee necessary for the Salting, dryeing and keeping of their Fish to
bee taken or gotten vpon that Coast, any thinge in these presents
conteyened to the contrary notwithstanding.
AND KNOWE YEE FURTHER, That
Wee, of our more abundant grace, certaine knowledge and meere mocon HAVE
given, Graunted and Confirmed, And by theis presents for vs, our heires and
Successors, DOE give, Graunt and Confirme vnto the said Governor and
Company and their Successors, AULM that parte of our Dominions in Newe
England in America bounded on the East by Norrogancett River, commonly
called Norrogancett Bay, where the said River falleth into the Sea, and on
the North by the lyne of the Massachusetts Plantacon, and on the South by
the Sea, and in longitude as the lyne of the Massachusetts Colony, runinge
from East to West, (that is to say,) from the Said Norrogancett Bay on the
East to the South Sea on the West parte, with the Islands thervnto
adioyneinge, Together with all firme lands, Soyles, Grounds, Havens, Ports,
Rivers, Waters, Fishings, Mynes, Mynerals, Precious Stones, Quarries, and
all and singular other Comodities, Iurisdiccons, Royalties, Priviledges,
Francheses, Preheminences, and hereditaments whatsoever within the said
Tract, Bounds, lands and Islands aforesaid, or to them or any of them
belonging.
TO HAVE AND TO HOLD the same vnto the said Governor and Company,
their Successors and Assignes, for ever vpon Trust and for the vse and
benefitt of themselves and their Associates, freemen of the said Colony,
their heires and Assignes,
TO BEE HOLDEN of vs, our heires and Successors,
as of our Mannor of East Greenewich, in Free and Common Soccage, and not in
Capite nor by Knights Service, YULMLDING AND PAYINGE therefore to vs, our
heires and Successors, onely the Fifth parte of all the Oare of Gold and
Silver which from tyme to tyme and at all tymes hereafter shall bee there
gotten, had or obteyned, in liew of all Services, Dutyes and Demaunds
whatsoever, to bee to vs, our heires or Successors, therefore or thereout
rendered, made or paid.
AND LASTLY, Wee doe for vs, our heires, and
Successors, Graunt to the said Governor and Company and their Successors,
by these presents, that these our Letters Patent shall bee firme, good and
effectuall in the lawe to all intents, Construccons and purposes
whatsoever, accordinge to our true intent and meaneing herein before
Declared, as shall be Construed, reputed and adiudged most favourable on
the behalfe and for the best benefitt and behoofe of the said Governor and
Company and their Successors, ALTHOUGH EXPRESSE MENCON of the true yearely
value or certeinty of the premises, or of any of them, or of any other
Guifts or Graunts by vs 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 theis presents is not
made, or any Statute, Act, Ordinance, Provision, Proclamacon or Restriccon
heretofore had, made. Enacted, Ordeyned or Provided, or any other matter,
Cause or thinge whatsoever to the contrary thereof in any wise
notwithstanding.
IN WITNES whereof, we have caused these our Letters to be
made Patent; WITNES our Selfe, att Westminister, the three and Twentieth
day of Aprill, in the Fowerteenth yeare of our Reigne.
By writt of Privy Seale
|