and Places respectively take their several and respective Oaths for the due and faithful performance of their Duties in their several and respective Offices and Places What Oaths are to be taken and also the Oaths appointed by the said Act of Parliament made in the First Year of our Reign to be taken instead of the Oaths of Allegiance and Supremacy and shall make repeat and subscribe the Declaration mentioned in the said Act before such Person or Persons as are by these Presents herein after appointed That is to say The Governour of our said Province or Territory for the time being shall take the said Oaths and make repeat and subscribe the said Declaration before the Lieutenant or Deputy-Governour or in his Absence before any two or more of the said Persons hereby nominated and appointed the present Councellors or Assistants of our said Province or Territory to whom We do by these Presents give full Power and Authority to give and administer the same to our said Governour accordingly And after our said Governour shall be sworn and shall have subscribed the said Declaration that then our Liutenant or Deputy-Governour for the time being and the Councellors or Assistants before by these Presents nominated and appointed shall take the said Oaths and make repeat and subscribe the said Declaration before our said Governour And that every such Person or Persons as shall at any time of the Annual Elections or otherwise upon Death or Removal be appointed to be the New Councellors or Assistants and all other Officers to be hereafter Chosen from time to time shall take the Oaths to their respective Offices and Places belonging and also the said Oaths appointed by the said Act of Parliament to be taken instead of the Oaths of Allegiance and Supremacy and shall make repeat and subscribe the Declaration mentioned in the said Act before the Governour or Lieutenant-Governour or any two or more Councellors or Assistants or such other Person or Persons as shall be appointed thereunto by the Governour for the time being To whom We do therefore by these Presents give full Power and Authority from time to time to give and administer the same respectively according to our true meaning herein before declared without any Commission or further Warrant to be had and obtained from Us our Heirs and Successors in that behalf And our Will and Pleasure is and we do hereby Require and Command That all and every Person and Persons hereafter by Us our Heirs and Successors Nominated and Appointed to the respective Offices of Governour or Lieutenant The King reserves to himself Power to appoint the Governour Deputy Governour and Secretary or Deputy Governour and Secretary of our said Province or Territory which said Governour or Lieutenant or Deputy Governour and Secretary of our said Province or Territory for the time being We do hereby Reserve full Power and Authority to Us our Heirs and Successors to Nominate and Appoint accordingly shall before he or they be admitted to the Execution of their respective Offices take as well the Oath for the due and faithful Performance of the said Offices respectively as also the Oaths appointed by the said Act of Parliament made in the said first Year of our Reign to be taken instead of the said Oaths of Allegiance and Supremacy and shall also make repeat and subscribe the Declaration appointed by the said Act in such Manner and before such Persons as aforesaid And further Our Will and Pleasure is and We do hereby for Us Our Heirs and Successors grant establish and ordain that all and every of rhe Subjects of Us our Heirs and Successors which shall go to and inhabit within our said Province and Territory Persons born in New-England to have the Priviledges of Natural Subjects of England 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 and Successors to all intents constructions and purposes whatsoever as if they and every of them were born within this our Realm of England And for the greater Ease and Encouragement of our loving Subjects inhabiting our said Province or Territory of the Massachusetts-Bay and of such as shall come to inhabit there We do by these Presents for Us our Heirs and Successors grant establ sh and ordain Liberty of Conscience to be granted to all Christians except Papists that for ever hereafter there shall be a Liberty of Conscience allow'd in the Worship of God to all Christians Except Papists inhabiting or which shall inhabit or be resident within our said Province or Territory And we do hereby Grant and Ordain That the Governour or Lieutenant or Deputy Governour of our said Province or Territory for the time being or either of them or any two or more of the Council or Assistants for the time being as shall be thereunto appointed by the said Governour shall and may at all times and from time to time hereafter have full Power and Authority to administer and give the Oaths appointed by the said Act of Parliament made in the first Year of Our Reign to be taken instead of the Oaths of Allegiance and Supremacy to all and every Person and Persons which are now inhabiting or residing within our said Province or Territory or which shall at any time or times hereafter go or pass thither And We do of our further Grace certain Knowledge and meer Motion Grant Establish and Ordain for Us our Heirs and Successors that the Great and General Court or Assembly of our said Province or Territory for the time being Conven'd as aforesaid shall for ever have full Power and Authority to Erect and Constitute Judicatories and Courts of Record The general Court has Power to Erect Judicatories to hear determine concerning all manner of Crimes capital or not capital and Pleas whether real personal or mixt or other Courts to be held in the Name of Us our Heirs and Successors for the Hearing Trying and Determining of all manner of Crimes Offences Pleas Processes Plaints Actions Matters Causes and things whatsoever arising or happening within our said Province or Territory or between persons inhabiting or residing there whether the same be Criminal or Civil and whether the said Crimes be Capital or not Capital and whether the said Pleas be real personal or mixt and for the awarding and making out of Execution thereupon To which Courts and Judicatories We do hereby for Us our Heirs and Successors give and grant full Power and Authority from time to time to administer Oaths for the better discovery of Truth in any matter in Controversie or depending before them And We do for Us our Heirs and Successors Grant Establish and Ordain that the Governour of our said Province or Territory for the time being with the Council or Assistants may do execute
THE CHARTER Granted by Their Majesties King WILLIAM AND Queen MARY To the INHABITANTS Of the PROVINCE OF THE Massachusetts-Bay IN New-England BOSTON in NEW-ENGLAND Printed by Bartholomew Green and John Allen Printers to His Excellency the GOVERNOUR COUNCIL for and Sold by Michael Perry and Benjamin Eliot 1699. The CHARTER granted by Their Majesties King William and Queen Mary c. WILLIAM and MARY by the Grace of God of England Scotland France and Ireland King and Queen Defenders of the Faith c. To all to whom these Presents shall come Greeting Whereas his late Majesty King James the First Our Royal Predecessor by his Letters Patents under the Great Seal of England bearing Date at Westminster the Third day of November in the Eighteenth Year of his Reign did give and grant 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 Assigns all that part of America lying and being in breadth from forty Degrees of Northerly Latitude from the Equinoctial Line to the forty eighth Degree of the said Northerly Latitude inclusively and in length of and within all the Breadth aforesaid throughout all the main Lands from Sea to Sea together also with all the firm Lands Soils Grounds Havens Ports Rivers Waters Fishings Mines and 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 Priviledges Franchises and Preheminences both within the said Tract of Land upon the Main and also within the Islands and Seas adjoyning Provided always that the said Lands 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 or within the Bounds Limits or Territories of the Southern Colony then before granted by the said late King James the first to be planted by divers of his 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 withall and all manner of their Commodities Royalties Liberties Preheminencies 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 Assigns for ever to the sole and proper Use and Benefit of the said Council and their Successors and Assigns for ever To be holden of his said late Majesty King James the first his Heirs and Successors as of his Mannor of East Greenwich in the County of Kent in free and Common Sockage and not in Capite nor by Knights Service Yielding and Paying therefore to the said late King his Heirs and Successors the fifth part of the Oar of Gold and Silver which should from time to time and at all times then after happen to be found gotten had and obtained in at or within any of the said Lands Limits Territories or 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 the said late King James the first his Heirs and Successors as in and by the said Letters Patents amongst sundry other Clauses Powers Priviledges 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 did by their Deed indented under their Common Seal bearing date the Nineteenth Day of March in the Third Year of the Reign of Our Royal Grandfather King Charles the First of ever Blessed Memory Give Grant Bargain Sell Infeoff Alien and Confirm to Sir Henry Roswell Sir John Young Knights Thomas Southcott John Humphreys John Endicott and Symond Whetcombe their Heirs and Assigns and their Associates for ever all that part of New-England in America aforesaid which lyes and extends between a great River there commonly called Monomack alias Merimack and a certain other River there called Charles River being in a bottom of a certain Bay there commonly called Massachusets 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 and every Part thereof and also all and singular the Lands and Hereditaments whatsoever lying and being within the space of three English Miles to the Southward of the southermost part of the said Bay called Massachusets 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 Merimack 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 in Breadth and in Length and Longitude of and within all the breadth aforesaid throughout the Main Lands there from the Atlantick 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 Soil 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 and granted bargained sold enfeoffed alien'd 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 Priviledges Franchises Preheminencies and Commodities whatsoever which they the said Council Established at Plymouth in the County of Devon for the Planning Ruling Ordering and Governing of New-England in America then had or might use exercise or enjoy in or within the said Lands or Premises by the same Indenture mentioned to be given granted bargained sold enfeoffed and confirmed in or within any part or parcel thereof To have and to hold the said part of New-England in America which lyes and extends and is abutted as aforesaid and every part and parcel thereof and all the said Islands Rivers Ports Havens Waters Fishings Mines Minerals Jurisdictions Franchises Royalties Liberties Priviledges Commodities Hereditaments and Premises whatsoever with the Appurtenances unto the said Sir Henry Roswell Sir John Young Thomas Southcott John Humphreys John Endicott and Simond Whetcombe their Heirs and Assigns and their Associates for ever to the only proper and absolute use and behoof of the said Sir Henry Roswell Sir John Young
Thomas Southcott John Humphreys John Endicott and Symond Whetcombe their Heirs and Assigns and their Associates for evermore To be holden of our said Royal Grandfather King Charles the First his Heirs and Successors as of his Mannor of East-Greenwich in the County of Kent in free and common Sockage and not in Capite nor by Knights Service yielding and paying therefore unto our said Royal Grandfather his Heirs and Successors the fifth part of the Oar of Gold and Silver which should 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 of Duties Demands and Services whatsoever to be done made or paid to Our said Royal Grandfather his Heirs or Successors as in and by the said recited Indenture may more at large appear And Whereas Our said Royal Grandfather in and by his Letters Patents under the Great Seal of England bearing date at Westminster the fourth day of March in the fourth Year of his Reign for the Consideration therein mentioned did grant and confirm unto the said Sir Henry Roswell Sir John Young Thomas Southcott John Humphreys John Endicott and Symond Whetcombe and to their Associates after named viz Siâ— Ralph Saltenstall Knight Isaac Johnson Samuel Aldersey John Ven Matthew Craddock George Harwood Increase Nowell Richard Perry Richard Bellingham Nathanael Wright Samuel Vassall Theophilus Eaton Thomas Golfe Thomas Adams John Brown Samuel Brown Thomas Hutchins William Vassall William Pincheon and George Foxcroft their Heirs and Assigns all the said part of New-England in America lying and extending between the Bounds and Limits in the said 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 Priviledges Franchises Preheminencies and Hereditaments whatsoever bargained sold enfeoffed and confirmed or mentioned or intended to be given granted bargained sold enfeoffed aliened and confirmed to them the said Sir Henry Roswell Sir John Young Thomas Southcott John Humphreys John Endicott and Symond Whetcombe their Heirs and Assigns and to their Associates for ever by the said recited Indenture To have and to hold the said part of New England in America and other the Premises thereby mentioned to be granted and confirmed and every part and parcel thereof with the appurtenances to the said Sir Henry Roswell Sir John Young Sir Richard Saltenstall Thomas Southcott John Humphrys John Endicott Symond Whetcombe Isaac Johnson Samuel Aldersey John Ven Matthew Craddock George Harwood Increase Nowell Richard Perry Richard Bellingham Nathaniel Wright Samuel Vassal Theophilus Eaton Thomas Golfe Thomas Adams John Brown Samuel Brown Thomas Hutchins William Vassall William Pincheon and George Foxcroft their Heirs and Assigns for ever to their only proper and absolute use and behoof for evermore To be holden of our said Royal Grandfather his Heirs and Successors as of his Mannor of East-Greenwich aforesaid in free and common Sockage and not in Capite nor by Knights Service and also yielding and paying therefore to Our said Royal Grandfather his Heirs and Successors the fifth part only of all the Oar of Gold and Silver which from time to time and at all times after should be there gotten had or obtained for all Services Exactions and Demands whatsoever according to the Tenor and Reservation in the said recited Indenture expressed And further Our said Royal Grandfather by the said Letters Patents did give and grant unto the said Sir Henry Roswell Sir John Young Sir Richard Saltenstall Thomas Southcott John Humphreys John Endicott Symond Whetcomb Isaac Johnson Samuel Aldersey John Ven Matthew Craddock George Harwood Increase Nowell Richard Perry Richard Bellingham Nathanael Wright Samuel Vassall William Pincheon and George Foxcroft their Heirs and Assigns all that said part of New England in America which lyes and extends between a great River there commonly called Monomack alias Merimack River and a certain other River there called Charles River being in the bottom of a certain Bay there commonly called Massachusets 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 southermost part of the said Bay called Massachusets 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 Merimack 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 in Breadth and in Length and Longitude of and within all the breadth aforesaid throughout the Main Lands there from the Atlantick or Western Sea and Ocean on the East part to the South Sea on the West part and all Lands Grounds Place and Places Soils Woods and Wood-lands 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 thereby mentioned to be given and granted or any of them and 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 free Liberty of Fishing in or within any of the Rivers or Waters within the bounds and limits aforesaid and the Seas thereunto adjoyning and all Fishes Royal Fishes Whales Balene Sturgeon and other Fishes of what kind or Nature soever that should at any time thereafter be taken in or within the said Seas or Waters or any of them by the said Sir Henry Roswell Sir John Young Sir Richard Saltenstall Thomas Southcott John Humphreys John Endicott Symond Whetcombe Isaac Johnson Samuel Aldersey John Ven Matthew Craddock George Harwood Increase Nowell Richard Perry Richard Bellingham Nathaniel Wright Samuel Vassall Theophilus Eaton Thomas Golfe Thomas Adams John Brown Samuel Brown Thomas Hutchins William Vassall William Pincheon and George Foxcroft their Heirs or Assigns 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 the Premises before mentioned and by the said Letters Patents last mentioned 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 the Reign of his late Majesty King James the First
or perform all that is necessary for the Probate of Wills Wills and granting of Administrations for touching or concerning any Interest or Estate which any Person or Persons shall have within our said Province or Territory And whereas we judge it necessary that all our Subjects should have Liberty to Appeal to Us our Heirs and Successors in Cases that may deserve the same We do by these Presents Ordain that in Case either Party shall not rest satisfied with the Judgment of Sentence of any Judicatories or Courts within our said Province or Territory in any personal Action Appeals to the King in some Personal Actions wherein the Matter in difference doth exceed the Value of three hundred pounds Sterling that then he or they may Apppeal to Us our Heirs and Successors in our or their Privy Council Provided that such Appeal be made within fourteen dayes after the Sentence or Judgment given and that before such Appeal be allowed security be given by the Party or Parties appealing in the value of the matter in difference to pay or answer the Debt or Damages for the which Judgment or Sentence is given Execution not to be staid with such Costs and Damages as shall be awarded by Us our Heirs or Successors in Case the Judgment or Sentence be affirmed And Provided also that no Execution shall be staid or suspended by reason of such Appeal unto Us our Heirs and Successors in Our or their Privy Council so as the Party suing or taking out Execution do in the like manner give security to the Value of the matter in Difference to make Restitution in Case the said Judgment or Sentence be Reversed or Annulled upon the said Appeal And We do further The general Court has Power to make Laws not repugnant to the Laws of England for Us our Heirs and Successors Give and Grant to the said Governour and the great and general Court or Assembly of our said Province or Territory for the time being full Power and Authority from time to time to Make Ordain and Establish all manner of wholsome and reasonable Orders Laws Statutes and Ordinances Directions and Instructions either with Penalties or without so as the same be not repugnant or contrary to the Laws of this our Realm of England as they shall judge to be for the good and welfare of our said Province or Territory and for the Government and Ordering thereof and of the People inhabiting or who shall inhabit the same and for the necessary support and defence of the Government thereof And We do for Us our Heirs and Successors give and grant that the said General Court or Assembly shall have full Power and Authority to Name and settle Annually To Name and Settle Civil Officers Except c. all Civil Officers within the said Province such Officers Excepted the Election and Constitution of whom We have by these Presents reserved to Us our Heirs and Successors or to the Governour of our said Province for the time being and to set forth the several Duties Powers and Limits of every such Officer to be appointed by the said General Court or Assembly and the Forms of such Oaths not repugnant to the Laws and Statutes of this our Realm of England Power to impose Taxes on all the Inhabitants to be disposed by warrant from the Governour and Council or according to such Acts as shall then be in force as shall be respectively administred unto them for the Execution of their several Offices and Places and also to impose Fines Mulcts Imprisonments and other Punishments and to impose and levy proportionable and reasonable Assessments Rates and Taxes upon the Estates and Persons of all and every the Proprietors or Inhabitants of our said Province or Territory to be issued and disposed of by Warrant under the Hand of the Governour of our said Province for the time being with the Advice and Consent of the Council for our Service in the necessary Defence and Support of our Government of our said Province or Territory and the Protection and Preservation of the Inhabitants there according to such Acts as are or shall be in force within our said Province and to dispose of matters and things whereby our Subjects Inhabitants of our said Province may be religiously peaceably and civilly governed protected and defended so as their good Life and orderly Conversation may win the Indians The Conversion of the Indians to be endeavoured Natives of the Countrey to the Knowledge and Obedience of the only true God and Saviour of Mankind and the Christian Faith which his Royal Majesty our Royal Grandfather King Charles the First in his said Letters Patents declared was his Royal Intentions and the Adventurers free Profession to be the principle End of the said Plantation And for the better securing and maintaining Liberty of Conscience hereby granted to all Persons at any time being and residing within our said Province or Territory as aforesaid Willing Commanding and Requiring and by these Presents for Us our Heirs and Successors ordaining and appointing that all such Orders Laws Statutes and Ordinances Instructions and Directions as shall he so Made and Published under our Seal of our said Province or Territory shall be carefully and duely observed kept and performed and put in Execution according to the true intent and meaning of these Presents Provided alwayes and We do by these Presents for Us our Heirs and Successors Establish and Ordain that in the framing and passing of all such Orders Laws Statutes and Ordinances The Governour to have a Negative on the Acts of the General Assembly c. and in all Elections and Acts of Government whatsoever to be passed made or done by the said General Court or Assembly or in Council the Governour of our said Province or Territory of the Massachusetts-Bay in New-England for the time being shall have the Negative Voice and that without his Consent or Approbation signified and declared in Writing no such Orders Laws Statutes Ordinances Elections or other Acts of Government whatsoever so to be made pass'd or done by the said General Assembly or in Council shall be of any force effect or validity any thing herein contained to the contrary in any wise Notwithstanding And We do for Us our Heirs and Successors Establish and Ordain that the said Orders Laws Statutes and Ordinances be by the first opportunity after the making thereof sent or transmitted unto Us our Heirs and Successors under the Publick Seal to be appointed by Us for Our or their Approbation or Disallowance And that in Case all or any of them shall at any time within the space of three Years next after the same shall have been presented to Us our Heirs and Successors in our or their Privy Council be disallowed and rejected and so signified by Us our Heirs and Successors Laws to be sent to England for the Royal Approbation If not disallowed within three Years to be in force