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A52210 The charter granted by Their Majesties King William and Queen Mary to the inhabitants of the province of the Massachusetts-Bay in New-England; Charter Massachusetts.; England and Wales. Sovereign (1689-1694 : William and Mary) 1699 (1699) Wing M999; ESTC R7972 21,076 16

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Land lying between the said Territories of Nova Scotia and the said Province of Main be Erected united and Incorporated The Massachusetts Plymouth and the Province of Main Nova Scotia united and made one Province And we do by these presents unite Erect and Incorporate the same into one Real Province by the Name of Our Province of the Massachusetts Bay in New England and of our Especial 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 our good Subjects the Inhabitants of our said Province or Territory of the Massachusetts Bay and their Successors all that part of New England in America lying and extending from the great River commonly called Monomack alias Merimaok on the North part and from three miles Northward of the said River to the Atlantick or Western Sea or Ocean on the South part and all the Lands and Hereditaments whatsoever lying within the Limits aforesaid The Extent and Bounds of that Province and Extending as far as the outermost points or Promontories of Land called Cape-Cod and Cape Mallabar North and south and in Latitude breadth and in length and Longitude of and within all the breadth and Compass aforesaid throughout the main Land there from the said Atlantick or Western Sea and Ocean on the East part towards the South Sea or Westward as lar as our Colonies of Rhode Island Connecticot and the Narragansett Countrey And also all that part and portion of main Land beginning at the entrance of Pisteraway Harbour and so to pass up the same into the River of Newickwannock and through the same into the furthest head thereof and from thence Northwestward till one hundred and twenty miles be finished and from Piscataway Harbour mouth aforesaid Northeastward along the Sea Coast to Sagadahock and from the period of one hundred and twenty miles aforesaid to cross over land to the one hundred and twenty miles before reckoned up into the land from Piscataway Harbour through Newickwannock River and also the North-half of the Isles of Shoals together with the Isles of Capawock and Nantuckett near Cape Cod aforesaid and also the Lands and Hereditaments lying and being in the Countrey or Territory commonly called Accada or Nova Scotia and all those Lands and Hereditaments lying and extending between the said Countrey or Territory of Nova Scotia and the said River of Sagadabock or any part thereof and all Lands Grounds Places Soyls Woods and Wood-grounds Havens Ports Rivers Waters and other Hereditaments and Premises whatsoever lying within the said Bounds and Limits aforesaid and every part and parcel thereof And also all Islands and Islets lying within Ten Leagues directly opposite to the Main Land within the said Bounds All Mines Minerals granted to the Inhabitants their Successors 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 To have and to hold the said Territories Tracts Countreys Lands Hereditaments and all and singular other the Premises with their and every of their Appurtenances to our said Subjects the Inhabitants of our said Province of the Massachusetts Bay in New England and their Successors to their only proper Use and Behoof for evermore To be bolden of Us our Heirs and Successors as of our Mannor of East-Greenwich in the County of Kent by Fealty only in free and common Sockage Yielding and paying therefore yearly to Us our Heirs and Successors the Fifth part of all Gold and Silver Oar and Precious Stones 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 and Premises or within any part thereof Provided nevertheless and we do for Us our Heirs and Successors grant and ordain All Lands Hereditaments c. formerly granted to any Town Colledge or School of Learning confirm'd that all and every such Lands Tenements and Hereditaments and all other Estates which any Person or Persons or Bodies Politick or Corporate Towns Villages Colledges or Schools do hold and enjoy or ought to hold and enjoy within the Bounds aforesaid by or under any Grant or Estate duely made or granted by any General Court formerly held or by virtue of the Letters Patents herein before recited or by any other Lawful Right or Title whatsoever shall be by such Person and Persons Bodies Politick and Corporate Towns Villages Colledges or Schools their respective Heirs Successors and Assigns for ever hereafter held and enjoyed according to the purport and intent of such respective Grant under and subject nevertheless to the Rents and Services thereby reserved or made payable any matter or thing whatsoever to the contrary notwithstanding And provided also That nothing herein contained shall extend or be understood or taken to impeach or prejudice any Right Title Interest or Demand which Samuel Allen of London Merchant claiming from and under John Mason Esq deceased or any other Person or Persons hath or have or claimeth to have hold or enjoy of into or out of any part or parts of the Premises scituate within the Limits above mentioned But that the said Samuel Allen and all and every such person and persons may and shall have hold and enjoy the same in such manner and no other than as if these Presents had not been had or made It being our further Will and Pleasure That no Grants or Conveyances of any Lands Tenements or Hereditament to any Towns Colledges Schools of Learning or to any private Person or Persons shall be judged or taken to be avoided or prejudiced for or by reason of any want or defect of Form but that the same stand and remain in force and be maintained and adjudged and have effect in the same manner as the same should or ought before the time of the said recited Judgment according to the Laws and Rules then and there usually practised and allowed The Governours Council to Consist of 28 Assistants And we do further for Us our Heirs and Successors Will Establish and Ordain That from henceforth for ever there shall be One Governour One Lieutenant or Deputy Governour and one Secretary of our said Province or Territory to be from time to time appointed and commissionated by Us our Heirs and Successors and Eight and twenty Assistants or Councellors to be advising and assisting to the Governour of our said Province or Territory for the time being as by these Presents is hereafter directed and appointed Which said Councellors or Assistants are to be constituted elected and chosen in such form and manner as hereafter in these Presents is expressed The Names of the first Assistants 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 Trusty and Well-beloved Simon
Broadstreet John Richards Nathanael Saltonstall Wait Winthrop John Phillips James Russel Samuel Sewall Samuel Appleton Bartholomew Gedney John Hathorn Elisha Hutchinson Robert Pike Jonathan Corwin John Jolliffe Adam Winthrop Richard Middlecot John Foster Pater Serjeant Joseph Lynd Samuel Heyman Stephen Mason Thomas Hinkley William Bradford John Walley Barnabas Lothrop Job Alcot Samuel Daniel and Silvanus Davis Esq the first and present Councellors or Assistants of our said Province to continue in their said respective Offices or Trusts of Councellors or Assistants until the last Wednesday in May To continue until May 1693. and until others are chosen by the Assembly which shall be in the Year of our Lord 1693 and until other Councellors or Assistants shall be chosen and appointed in their stead in such manner as in these Presents is expressed And we do further by these Presents constitute and appoint our trusty and Well beloved Isaac Addington Esq to be our first and present Secretary of our said Province during our pleasure And our Will and Pleasure is That the Governour of our said Province for the time being shall have Authority from time to time at his Discretion The Governour with seven Assistants to be a Council to assemble and call together the Councellors or Assistants of our said Province for the time being And that the said Governour with the said Assistants or Councellours or seven of them at the least shall and may from time to time hold and keep a Council for the ordering and directing the Affairs of our said Province And further We Will and by these Presents for Us our Heirs and Successors do Ordain and Grant that there shall and may be convened A general Court or Assembly to be held the last Wednesday in May or oftener every Year held and kept by the Governour for the time being upon every last Wednesday in the Month of May every Year for ever and at all such other times as the Governour of our said Province shall think sit appoint a Great and General Court or Assembly which said Great General Court or Assembly shall consist of the Governour and Council or Assistants for the time being and of such Free-holders of our said Province or Territory as shall be from time to time elected or deputed by the major part of the Freeholders and other Inhabitants of the respective Towns or Places who shall be present at such Elections each of the said Towns and Places being hereby impowred to elect and depute Two Persons and no more to serve for and represent them respectively in the said Great and General Court or Assembly Two Assembly-men to be Chosen by the Freeholders in every Town To which Great and General Court or Assembly to be held as aforesaid We do hereby for Us our Heirs and Successors give and grant full Power and Authority from time to time to direct appoint and declare what number each County Town and Place shall elect and depute to serve for and represent them respectively in the said Great and General Court or Assembly Provided always that no Free holder or other person shall have a Vote in the Election of Members to Serve in any Great and General Court or Assembly to be held as aforesaid who at the time of such Election shall not have an Estate of Free hold in Land within our said Province or Territory to the value of Forty Shillings per Ann. at the least or other Estate to the value of Fifty Pounds sterling And that every Person who shall be so elected shall before he Sit or Act in the said Great and General Court or Assembly take the Oaths mentioned in an Act of Parliament made in the First Year of our Reign entituled An Act for Abrogating of the Oaths of Allegiance and Supremacy and appointing other Oaths and thereby appointed 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 or Deputy-Governour or any Two of the Assistants for the time being who shall be thereunto authorized and appointed by our said Governour The Governour has Power to Adjourn Prorogue and Dissolve the Assembly And that the Governour for the time being shall have full Power and Authority from time to time as he shall judge necessary to Adjourn Prorogue and Dissolve all Great and General Courts or Assemblies met and conven'd as aforesaid And our Will and Pleasure is and we do hereby for Us our Heirs and Successors grant establish and ordain That yearly once in every Year for ever hereafter the aforesaid number of Eight and twenty Councellors or Assistants shall be by the General Court or Assembly newly Chosen that is to say Eighteen at least of the Inhabitants of or Proprietors of Lands within the Territory formerly called the Colony of the Massachusetts-Bay and Four at the least of the Inhabitants of or Proprietors of Lands within the Territory formerly called New-Plymouth and Three at the least of the Inhabitants of The Governours Councellors to be Inhabitants or Proprietors of Land in New England or Proprietors of Lands within the Territory formerly called the Province of Maine and one at the least of the Inhabitants of or Proprietors of Land within the Territory lying between the River of Sagadahock and Nova Scotia And that the said Councellors or Assistants or any of them shall or may at any time hereafter be removed or displaced from their respective Places or Trust of Councellors or Assistants by any Great or General Court or Assembly and that if any of the said Councellors or Assistants shall happen to die or be removed as aforesaid before the General Day of Election that then and in every such Case the Great and General Court or Assembly at their first sitting may proceed to a New Election of one or more Councellors or Assistants in the room or place of such Councellors and Assistants so dying or removed And We do further grant and ordain Judges Sheriffs Justices c. to be appointed with the Consent of the Governours Council That it shall and may be lawful for the said Governour with the Advice and Consent of the Council or Asistants from time to time to nominate and appoint Judges Commissioners of Oyer and Terminer Sheriffs Provosts Marshals Justices of the Peace and other Officers to our Council and Courts of Justice belonging Provided alwayes that no such Nomination or Appointment of Officers be made without Notice first given or Summons issued out seven days before such Nomination or Appointment unto such of the said Councellors or Assistants as shall be at that time residing within our said Province And our Will and Pleasure is That the Governour and Lieutenant or Deputy-Governour and Councellors or Assistants for the time being and all other Officers to be Appointed or Chosen as aforesaid shall before the undertaking the Execution of their Offices