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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
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 Si● 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