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CHARLES the Second, by the Grace of GOD, KING of
England, Scotland, France, and Ireland, Defender of the Faith, &c. To
all to whom these Presents shall come, Greeting.
Whereas by the several Navigations, Discoveries,
and Successful Plantations of divers of Our loving Subjects of this Our
Realm of England, several lands, Islands, Places, Colonies, and
Plantations have been obtained and settled in that Part of the Continent
of America called New-England, and thereby the Trade and Commerce there,
hath been of late Years much increased: And whereas We have been
informed by the hirable Petition of our Trusty and Well beloved John
Winthrop, John Mason, Samuel Wyllys, Henry Clarke, Matthew Allyn, John
Tapping, Nathan Gold, Richard Treat, Richard Lord, Henry Wolcott, John
Talcott, Daniel Clarke, John Ogden, Thomas Wells, Obadias Brewen, John
Clerke, Anthony Hawkins, John Deming, and Matthew Camfeild, being
Persons principally interested in Our Colony or Plantation of
Connecticut, in NewEngland, that the same Colony, or the greatest part
thereof, was Purchased and obtained for great and valuable
Considerations, and some other Part thereof gained by Conquest, and with
touch difficulty, and at the only Endeavors, Cadence, and Charges of
theirs and their Associates, arced those under whom they Claim, Subdued,
and Improved, and thereby become a considerable Enlargement and Addition
of Our Dominions and Interest there. Now Know YE, That in consideration
thereof, and in Regard the said Colony is remote from other the English
Plantations in the places aforesaid, and to the End the Affairs and
Business which shall from Time to Time happen or arise concerning the
same, may be duly Ordered and Managed, we have thought fit, and at the
humble Petition of the Persons aforesaid, and are graciously Pleased to
create and make them a Body Politicly and Corporate, with the Powers and
Privileges herein after mentioned; and accordingly Our Will and Pleasure
is, and of our especial Grace, certain Knowledge, and meer Motion, We
have ordained, constituted and declared, and by these presents, for Us,
Our Heirs and Successors, Do ordain, constitute and declare, that they
the said John Winthrop, John Mason, Samuel Wyllys, Henry Clarke, Matthew
Allyn, John Tapping, Nathan Gold, Richard Treat, Richard lord, Henry
Wolcott, John Talcott, Daniel Clarke, John Ogden, Thomas Wells, Obadiah
Bowed, John Clerke, Anthony Hawkins, John Deming, and Matthew Camfeild,
and all such others as now are, or hereafter shall be admitted and made
free of the Company and Society of Our Colony of Connecticut, in
America, shall from Time to Time, and for ever hereafter, be One Body
Corporate and politique, in Fact and Name, by the Name of, Governor and
Company of the English colony of Connecticut in New-England, in America;
And that by the same Name they and their
Successors shall and may have perpetual Succession, and shall and may be
Persons able and capable in the Law, to plead and be impleaded, to
answer and to be answered unto, to defend and be defended in all and
singular Suits, Causes, Quarrels, Matters, Actions, and Things, of what
Kind or Nature soever; and also to have, take, possess, acquire, and
purchase Lands, Tenements, or Hereditaments, or any Goods or Chattels,
and the same to lease, grant, demise, alien, bargain, sell, and dispose
of, as other Our liege People of this Our Realm of England, or any other
Corporation or Body Politique within the same may lawfully do. And
further, That the said Governor and Company, and their Successors shall
and may forever hereafter have a common Seal, to serve and use for all
Causes, Matters, Things, and affairs whatsoever, of them and their
Successors, and the same Seal, to alter, change, break and make new from
Time to Time, at their Wills and Pleasures, as they shall think fit. And
further, We will and ordain, and by these Presents, forms, our Heirs and
Successors, do declare and appoint, that for the better ordering and
managing of the Affairs and Business of the said Company and their
Successors, there shall be One Governor, One Deputy-Governor, and Twelve
Assistants, to be from time to Time constituted, elected and chosen out
of the Freemen of the said Company for the Time being, in such Manner
and Form as hereafter in these Presents is expressed, which said
Officers shall apply themselves to take Care for the best disposing and
ordering of the general Business and all airs of and concerning the Land
and Hereditaments herein after mentioned to- be granted, and the
Plantation thereof, and the Government of the People thereof: And for
the better Execution of Our Royal Pleasure herein, We do for Us, Our
Heirs, and Successors, assign, name, constitute and appoint the
aforesaid John Winthrop to be the first and present Governor of the said
Company, and the said John Mason, to be the Deputy-Governor, and the
said Samuel Wyllys, Matthew Allyn, Nathan Gold, Henry Clerke, Richard
Treat, John Ogden, John Tapping, John Talcott, Thomas Wells, Henry
Wolcott, Richard Lord, and Daniel Clerke, to be the Twelve present
assistants of the said Company, to continue in the said several Offices
respectively, until the second Thursday which shall be in the Month of
October now next coming. And further we Will, and by these Presents for
Us, Our Heirs, and Successors, Do ordain and grant, That the Governor of
the said Company for the Time being, or in his Absence by occasion of
Sickness, or otherwise by his Leave or Permission, the Deputy-Governor
for the Time being, shall and may from Time to Time upon all Occasions,
give Order for the assembling of the said Company, and calling them
together to consult and advise of the Business and Affairs of the said
Company, and that for ever hereafter, twice in every Year, That is to
say, On every Second Thursday in October, and on every Second Thursday
in May, or oftener in case it shall be requisite; the Assistants, and
Freemen of the said Company, or such of them (not exceeding Two Persons
from each Place, Town, or City) who shall be from Time to Time "hereunto
elected or deputed by the major Part of the Freemen of the respective
Towns, Cities, and Places for which they shall be elected or deputed,
shall have a General Meeting or Assembly, then and there to consult and
advise in and about the Affairs and Business of the said Company: and
that the Governor, or in his Absence the Deputy-Governor of the said
Company for the Time being, and such of the Assistants and Freemen of
the said Company as shall be so elected or deputed, and be present at
such Meeting or Assembly, or the greatest Number of them, whereof the
Governor of Deputy-Governor, and Six of the Assistants at least, to be
Seven, shall be called the General Assembly, and shall have full Popover
and authority to alter-and change their Days and Times of Meeting, or
General-Assemblies, for electing the Governor, Deputy-Governor, and
Assistants, other Officers or any other Courts, Assemblies or Meetings,
and to choose, nominate and appoint such and so many other Persons as
they shall; and shall be willing to accept the same, to be Free of the
said Company and Body Politique, and them into the same to admit; And to
elect and constitute such Officers as they shall think fit and requisite
for the ordering, managing and disposing of the Affairs of the said
Governor and Company, and their Successors:
And we do hereby for Us, Our Heirs and Successors,
establish and ordain, That once in the Year for ever hereafter, Namely,
the said Second Thursday in May, the Governor, Deputy-Governor, and
Assistants of the said Company, and other Officers of the said Company,
or such of them as the said General Assembly shall thinly fit, shall be
in the said General Court and Assembly to be held from that Day or Time,
newly chosen for the Year ensuing, by such greater Part of the said
Company for the Time being, then and there present; and if the Governor,
Deputy-Governor, and Assistants by these Presents appointed, or such as
hereafter be newly chosen into their Rooms, or any of them, or any other
the Officers to be appointed for the said Company shall die, or be
removed from his or their several Offices or Places before the said
general Day of Election, whom We do hereby declare for any Misdemeanor
or Default, to be removable by the Governor, Assistants, and Company, or
such greater Part of them in any of the said public Courts to be
assembled, as is aforesaid, that then and in every such Case, it shall
and may be lawful to and for the Governor, Deputy-Governor, and
Assistants, and Company aforesaid, or such greater Part of them so to be
assembled, as is aforesaid, in any of their Assemblies, to proceed to a
new Election of one or more of their Company, in the Room or Place,
Rooms or Places of such Governor, Deputy-Governor, Assistant, or other
Officer or Officers so dying or removed, according to their Discretions,
and immediately upon and after such Election or Elections made of such
Governor, Deputy-Governor, Assistant or Assistants,- or any other
Officer of the said Company, in Manner and Form aforesaid, the
Authority, Office and Power before given to the former Governor,
Deputy-Governor, or other Officer and Officers so removed, in whose
Stead and Place new shall be chosen, shall as to him and them, and every
of them respectively, cease and determine.
Provided also, And Our Will and Pleasure is, That
as well such as are by these Presents appointed to be the present
Governor, Deputy-Governor, and Assistants of the said Company, as those
that shall succeed them, and all other Officers to be appointed and
chosen, as aforesaid, shall before they undertake the Execution of their
said Offices and Places respectively, take their several and respective
corporal Oaths for the due and faithful Performance of their Duties, in
their several Offices and Places, before such Person or Persons as are
by these Presents hereafter appointed to take and receive the same; That
is to say, The said John Winthrop, who is herein before nominated and
appointed the present Governor of the said Company, shall take the said
Oath before One or more of the Masters of Our Court of Chancery for the
Time being, unto which Master of Chancery, We do by these Presents give
full Power and Authority to administer the Oath to the said John
Winthrop accordingly: And the said John Mason, who is herein before
nominated and appointed the present Deputy-Governor of the said Company,
shall take Math before the said John Winthrop, or any Two of the
Assistants of the said Company, unto whom We do by these Presents give
full Power and Authority to administer the said Oath to the said John
Mason accordingly: And the said Saqnnel Wyllys, Henry Clerice, Matthew
Allyn, John Tapping, Nathan Cold, Richard Treat, Richard Lord, Henry
Wolcott, John Talcott, Daniel Clerke, John Ogden, and Thomas Wells, who
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 whom We do hereby give full Power and
Authority to administer the same accordingly.
And Our further Will and Pleasure is, that all and
every Governor, or Deputy-Governor to be elected and chosen by Virtue of
these Presents, shall take the said Oath before Two or more of the
Assistants of the said Company for the Time being, unto whom We do by
these 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 be here after chosen from
Time to Time, to take the said Oath before the Governor, or
Deputy-Governor for the Time being, unto which Governor, or
Deputy-Governor, We do by these Presents give full Power and Authority
to administer the same accordingly. And further, Of Our more ample
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 the said Governor 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 be Free of the said Colony, full
Power and Authority from Time to Time, and at all Times hereafter, to
take Ship, Transport and carry away for and towards the Plantation and
Defence of the said Colony, such of Our loving Subjects and Strangers,
as shall or will willingly accompany them in, and to their said Colony
and Plantation, except such Person and Persons as are or shall be
therein restrained by Us, Our Heirs and Successors; and also to ship and
transport all, and all Manner of Goods, Chattels, Merchandises, and
other Things whatsoever that are or shall be useful or necessary for the
Inhabitants of the said Colony, and may lawfully be transported thither;
Nevertheless, not to be discharged of Payment to Us, our Heirs and
Successors, of the Duties, Customs and Subsidies which are or ought to
be paid or payable for the same.
And further, Our Will and Pleasure is, and We do
for Us, Our Heirs and Successors, ordain, declare, and grant unto the
said Governor and Company, and their Successors, That all, and every the
Subjects of Us, Our Heirs, or Successors, which shall go to inhabit
within the said Colony, 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 Did
natural Subjects within any the Dominions of US, Our Heirs or
Successors, to all Intents, Constructions and Purposes whatsoever, as if
the they and every of them were born within the realm of England; And We
do authorize and impower the Governor or in his Absence the Deputy
governor for the Time being, to appoint Two or more of the said
Assistants at any of their Courts or Assemblies to be held as aforesaid,
to have Power and Authority to administer the Oath of Supremacy and
Obedience to all and every Person or Persons which shall at any Time or
Times hereafter go or pass into the said Colony of Connecticut, unto
which said Assistants so to be appointed as aforesaid We do by these
Presents give full Power and Authority to administer the said Oath
accordingly. And We do further of Our especial Grace, certain Knowledge:
and meer Motion, give, and grant unto the said Governor and Company of
the English Colony of Connecticut, in New-England, in America, and their
Successors, That it shall and may be lawful to and for the Governor, or
Deputy-Governor, and such of the Assistants of the said Company for the
Time being as shall be assembled in any of the General Courts aforesaid,
or in any Courts to be especially summoned or assembled for that
Purpose, or the greater part of them, whereof the Governor, or
Deputy-Governor, and Six of the Assistants to be always Seven, to erect
and make such Judicatories, for the hearing, and determining of all
Actions, Causes, Matters, and Things happening within the said Colony,
or Plantation, and which shall be in Dispute, and Depending there, as
they shall think Fit, and Convenient, and also from Time to Time to
Make, Ordain, and Establish all manner of wholesome, and reasonable Laws
Statutes, Ordinances, Directions, and Instructions, not Contrary to the
Laws of this Realm of England, as well for settling the Forms, and
Ceremonies of Government, and Magistracy, fit and necessary for the said
Plantation, and the Inhabitants there, as for Naming, and Stiling all
Sorts of Officers, both Superior and Inferior, which they shall find
Needful for the Government, and Plantation of the said Colony, and the
distinguishing and setting forth of the several Duties, Powers, and
Limits of every such Office and Place, and the Forms of such Oaths not
being contrary to the Laws and Statutes of this Our Realm of England, to
be administered for the Execution of the said several Offices and Places
as also for the disposing and ordering of the Election of such of the
said Officers as are to be annually chosen, and of such others as shall
succeed in case of Death or Removal, and administring the said Oath to
the newly-elected Officers, and granting necessary Commissions, and for
Imposition of lawful Fines, Mulcts. Imprisonment or other Punishment
upon Offenders and Delinquents according to the Curse of other
Corporations within this our Kingdom of England, and the same Laws,
Fines, Mulcts and Executions, to alter, change, revoke, annul, release,
or pardon under their Common Seal, as by the said General Assembly, or
the major Part of them shall be thought fit, and for the directing,
ruling and disposing of all other Matters and things, whereby Our said
People Inhabitants there, may be so religiously, peaceably and civilly
governed, as their good Life and orderly Conversation may win and invite
the Natives of the Country to the Knowledge and Obedience of the only
true GOD, and He Saviour of Mankind, and the Christian Faith, which in
Our Royal Intentions, and the adventurers free Possession, is the only
and principal End of this Plantation; willing, commanding and requiring,
and by these Presents for Us, Our Heirs and Successors, ordaining and
appointing, that all such Laws, Statutes and Ordinances, Instructions,
Impositions and Directions as shall be so made by the Governor,
Deputy-Governor, and Assistants as aforesaid, and published in Writing
under their Common Seal, shall carefully and duly be observed, kept,
performed, and put in Execution, according to the true Intent and
Meaning of The same, and these Our Letters Patents, or the Duplicate, or
Exemplification thereof, shall be to all and every such Officers,
Superiors and Inferiors from Time to Time, for the putting of the same
Orders, Laws, Statutes, Ordinances, Instructions, and Directions in due
Execution, against Us, Our Heirs and Successors, a sufficient Warrant
and Discharge.
And We do further for US, Our Heirs and
Successors, give and grant unto the said Governor and Company, and their
Successors, by these Presents, That it shall and may be lawful to, and
for the Chief Commanders, Governors and Officers of the said Company for
the Time being, who shall be resident in the Parts of New-England
hereafter mentioned, and others inhabiting there, by their Leave,
Admittance Appointment, or Direction, from Time to Time, and at Al Times
hereafter, for their special Defence and Safety, to Assemble,
Martial-Array, and put in warlike Posture the Inhabitants of the said
Colony, and to Commissionate, Impower, and Authorize such Person or
Persons as they shall think fit, to lead and conduct the said
Inhabitants, and to encounter, expulse, repel and resist by Force of
Arms, as well by Sea as by Land, and also to kill, slay, and destroy by
all fitting Ways Enterprises, and Means whatsoever, all and every such
Person or Persons as shall at any Time hereafter attempt or enterprise
the Destruction, Invasion, Detriment, or Annoyance of the said
Inhabitants or Plantation, and to use and exercise the Law Martial in
such Cases only as Occasion shall require; and to take or surprize by
all Ways and Means whatsoever, all and every such Person and Persons,
with their Ships' Armour, Ammunition and other Goods of such as shall in
such hostile Manner invade or attempt the defeating of the said
Plantation, or the hurt of the said Company and Inhabitants, and upon
just Causes to invade and destroy the Natives, or other Enemies of the
said Colony. Nevertheless; Our Will and Pleasure is, and We do hereby
declare unto all Christian Icings, Princes, and States, that if any
Persons which shall hereafter lie of the said Company or Plantation, or
any other by Appointment of the said Governor and Company for the Time
being, shall at anv Time or Times hereafter rob or spoil by Sea or by
Land, and do any Hurt, Violence, or unlawful Hostility to any of the
Subjects of Us, Our Heirs or Successors, or any of the Subjects of any
Prince or State, being then in League with Us, Our Heirs or Successors,
upon Complaint of such Injury done to any such Prince or State, or their
Subjects, We, Our Heirs and Successors will make open Proclamation
within any Parts of Our Realm of England fit for that Purpose, thin the
Person or Persons committing any such Robbery or Spoil, shall within the
Time limited by such Proclamation, make full Restitution or Satisfaction
of all such Injuries Lone or committed, so as the Said Prince, or others
so complaining may be fully satisfied and contented; and if the said
Person or Persons who shall commit any such Robbery or Spoil shall not
make Satisfaction accordingly, within such Time so to be limited, that
then it shall and may be lawful for Us, Our Heirs and Successors, to put
such Person or Persons out of (whir Allegiance and Protection; and that
it shall and may be lawful and free for all Princes or others to
prosecute with Hostility such Offenders, and every of them, their, and
every of their Procurers, Aiders, Abettors and Counsellors in that
Behalf.
Provided also, and Our express Will and Pleasure
is, and We do by these Presents for Us, Our Heirs; and Successors,
Ordain and Appoint, that these Presents shall not in any Manner hinder
any of Our loving Subjects whatsoever to use and exercise the Trade of
Fishing upon the Coast of New-England, in America, but they and every or
any of them shall have full and free Power and Liberty, to continue, and
use the said Trade of Fishing upon the said Coast, in any of the Seas
thereunto adjoining, or any Arms of the Seas, or Salt Water Rivers where
they have been accustomed to fish, and to build and set up on the. waste
Land belonging to the said Colony of Connecticut, such Wharves, Stages,
and Work-Houses as shall be necessary for the salting, drying, and
keeping of their Fish to be taken, or gotten upon that Coast, any Thing
in these Presents contained to the contrary notwithstanding. And Know Ye
further, That We, of Our abundant Grace, certain Knowledge, and mere
Motion, have given, granted, and confirmed, and by these Presents for
Us, our Heirs and Successors, do give, grant and confirm unto the said
Governor and Company, and their Successors, all that Part of Our
Dominions in New-England in America, bounded on the East by Narraganset-River,
commonly called Narraganset-Bay, where the said River falleth into the
Sea; and on the North by the Line of the If Massachusetts-Plantation;
and on the South by the Sea; and in Longitude as the Line of the
Massachusetts-Colony, running from East to West, That is to say, From
the said Narraganset-Bay on the East, to the South Sea on the West Part,
with the Islands thereunto adjoining, together with all firm Lands,
Soils, Grounds, Havens, Ports, Rivers, Waters, Dishings, Mines,
Minerals, precious Stones, Quarries, and all and singular other
Commodities, Jurisdictions, Royalties, Privileges, Franchises,
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 unto the said Governor and
Company, their Successors and Assigns for ever, upon Trust, and for the
Use and Benefit of Themselves and their Associates, Freemen of the said
Colony, their Heirs and Assigns, to be holden of Its, Our Heirs and
Successors, as of Our Manor of East-Greenwich, in free and common
Soccage, and not in Capite, nor by Knights Service, yielding and paying
therefore to Us, Our Heirs and Successors, only the Fifth Part of all
the Ore of Gold add Silver which from Time to Time, and at all Times
hereafter, shall be there gotten, had, or obtained, in Lieu of all
Services, Duties, and Demands whatsoever, to be to Us, our Heirs, or
Successors therefore, or thereout rendered, made, or paid.
And lastly, We do for Us, our Heirs and
Successors, grant to the said Governor and Company, and their
Successors, by these Presents, That these Our Letters Patents, shall be
firm, good and effectual in the Law, to all Intents, Constructions, and
Purposes whatsoever according to Our true Intent and Meaning herein
before declared, as shall be construed, reputed and adjudged most
favourable on the Behalf, and for the best Benefit, and Behoof of the
said Governor and Company, and their Successors, although express
Mention of the true Yearly Value or Certainty of the Premises, or of any
of them, or of any other Gifts or Grants by Us, 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 these Presents is not made, or any Statute, Act,
Ordinance, Provision, Proclamation, or Restriction heretofore had, made,
enacted, ordained, or provided, or any other Matter, Cause, or Thing
whatsoever, to the contrary thereof, in any wise notwithstanding. In
Witness whereof, We have caused these Our Letters to be made Patents.
Witness Ourself at Westminster, the Three and Twentieth Day of April, in
the Fourteenth Year of our Reign.
By Writ of Privy Seal,
HOWARD
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