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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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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
actually possessed or inhabited by any other Christian Prince or State or were within the Bounds Limits or Territories of the said Southern Colony then before granted by the said King to be Planted by divers of his loving Subjects in the South parts of America That then the said Grant of our said Royal Grandfather should not extend to any such parts or parcels thereof so formerly inhabited or lying within the bounds of the Southern Plantation as aforesaid But as to those Parts or Parcels so possessed or inhabited by any such Christian Prince or State or being within the boundaries aforesaid should be utterly void To have and to hold possess and enjoy the said parts of New England in America which lye extend and are abutted as aforesaid and every part and parcel thereof and all the Islands Rivers Ports Havens Waters Fishings Fishes Mines Minerals Jurisdictions Franchises Royalties Liberties Priviledges Commodities and Premises whatsoever with the Appurtenances unto 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 and Assigns for ever To the only proper and absolute use and behoof of 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 Pencheon and George Foxcroft their Heirs and Assigns for evermore To be holden of Our said Royal Grandfather his Heirs and Successors as of his Mannor of East Greenwich in the County of Kent within the Realm of England 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 hereafter should be gotten had or obtained for all Services Exactions and Demands whatsoever Provided always and his Majesties express Will and meaning was that only one fifth part of all the Gold and Silver Oar above mentioned in the whole and no more should be answered reserved or payable unto our said Royal Grandfather his Heirs and Successors by Colour or Vertue of the said last mentioned Letters Patents the double Reservations or Recitals aforesaid any thing therein contained notwithstanding And to the end that the Affairs and Business which from time to time should happen and arise concerning the said Lands and the Plantations of the same might be the better Managed and Ordered and for the good Government thereof our said Royal Grandfather King Charles the First did by his said Letters Patents Create and make the said Sir Henry Roswell Sir John Young Sir Richard Saltenstal Thomas Southcott John Humphreys John Endicott Symond Whetcombe Isaac Johnson Samuel Aldersey John Ven Matthew Craddock George Harwood Increase Nowell Richard Pe●ry Richard Bellingham Nathanael Wright Samuel Vassall and Theophilus Eaton Thomas Golfe Thomas Adams John Brown Samuel Brown Thomas Hutches William Vassall William Pincheon and George Foxcroft and all such others as should thereafter be admitted and made free of the Company and Society therein after mentioned one Body Corporate and Politique in Fact and Name by the Name of the Governour and Company of the Massachusetts-Bay in New England and did grant unto them and their Successors divers Powers Liberties and Priviledges as in and by the ●aid Letters Patents may more fully and at large appear And Whereas the said Governour and Company of the Massachusetts Bay in New England by Vertue of the aid Letters Patents did settle a Colony of the English in the said parts of America and divers good Subjects of this Kingdom incouraged and invited by the said Letters Patents did Transport themselves and their Effects into the same whereby the said Plantation did become very populous and divers Counties Towns and Places were Created Erected made and set forth or designed within the said parts of America by the said Governour and Company for the time being The first Charter vacated by a Judgment in Chancery Anno 1684. And Whereas in the Term of the Holy Trinity in the thirty sixth Year of the Reign of our Dearest Unkle King Charles the Second a Judgment was given in Our Court of Chancery then sitting at Westminster upon a Writ of Scire facias brought and prosecuted in the said Court against the Governour and Company of the Massachusetts-Bay in New-England that the said Letters Patents of our said Royal Grandfather King Charles the First bearing date at Westminster the 4th day of March in the fourth Year of his Reign made and granted to the said Governour and Company of the Massachusetts Bay in New-England and the Enrollment of the same should be cancelled vacated and annihilated and should be brought into the said Court to be cancelled as in and by the said Judgment remaining upon Record in the said Court doth more at large appear And whereas several Persons employed as Agents in behalf of our said Colony of the Massachusetts Bay in New England have made their humble Application unto us The Agents of that Colony Petitioned to be reincorporated as formerly That we would be graciously pleased by our Royal Charter to Incorporate our Subjects in our said Colony and to grant and confirm unto them such powers priviledges and Franchizes as in our Royal Wisdom should be thought most Conducing to our Interest and Service and to the Welfare and happy State of our Subjects in New-England And We being graciously pleased to gratifie our said Subjects and also to the end our good Subjects within our Colony of New Plymouth in New-England aforesaid may be brought under such a form of Government as may put them in a better Condition of Defence and considering as well the Granting unto them as unto our Subjects in the said Colony of the Massachusetts Bay our Royal Charter with reasonable Powers and Priviledges will much tend not only to the safety but to the flourishing Estate of our Subjects in the said parts of New-England and also to the advancing of the Ends for which the said Plantations were at first Encouraged Of our Special Grace certain Knowledge and meer Motion have Willed and Ordained and We do by these presents for us our Heirs and Successors Will and Ordain That the Territories and Colonies commonly called or known by the Names of the Colony of the Massachusetts Bay and Colony of New-Plymouth the Province of Main the Territory called Accada or Nova Scotia and all that Tract of
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