Tercentenary pamphlet series, v. 1 Connecticut and the British Government, Part 6

Author: Tercentenary Commission of the State of Connecticut. Committee on Historical Publications
Publication date: 1933
Publisher: New Haven] Published for the Tercentenary Commission by the Yale University Press
Number of Pages: 700


USA > Connecticut > Tercentenary pamphlet series, v. 1 Connecticut and the British Government > Part 6


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CHARLES M. ANDREWS


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C HARLES the Second By the grace of God King of England Scotland France and Ireland defender of the Faith &c To all to whome theis prefents shall come Greetinge Whereas by the severall Navigacons, difcoveryes and succefffull Plantacons of diverfe of our loveing Subiects of this our Realmes of England Severall Lands Iflands Places Colo- nies and Plantacons have byn obtained and setled in that parte of the Continent of America called New England and thereby the Trade and Comerce there hath byn of late yeares much increafed And Whereas wee have byn informed by the humble Peticon of our Trufty and welbeloved John Winthrop John Mafon Samuell Willis Henry Clerke Mathew Allen John Tappen Nathan Gold Richard Treate Richard Lord Henry Woolicott John Talcott Daniell Clerke John Ogden Thomas Wells Obedias Brewen John Clerke Anthony Haukins John Deming and Mathew Camfeild being Perfons Principally intereffed in our Colony or Plantacon of Conecticutt in New England that the same Colony or the greateft parte thereof was purchafed and obteyned for greate and valu- able Confideracons And some other part thereof gained by Conqueft and with much difficulty and att the onely endeavours expence and Charge of them and their Affo- ciats and thofe vnder whome they Clayme Subdued and inproved and thereby become a confiderable enlargement and addicon of our Dominions and intereft there Now know yea that in confideracon thereof and in regard the said Colony is remote from other the Englifh Plantacons in the Places aforefaid And to the end the Affaires and Bufines which shall from tyme to tyme happen or arife concerning the same may bee duely Ordered and man- naged Wee have thought fitt and att the humble Peticon of the Perfons aforefaid and are gracioufly pleafed to


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Create and Make them a Body Pollitique and Corporate with the powers and Priviledges herein after menconed And accordingly Our will and pleafure is and of our efpeciall grace certeine knowledge and meere mocon Wee have Ordeyned Conftituted and Declared And by theis prefents for vs our heires and Succeffors Doe Ordeine Conftitute and Declare That they the said John Win- throp John Mafon Samuell Willis Henry Clerke Mathew Allen John Tappen Nathan Gold Richard Treate Richard Lord Henry Woollcot John Talcot Daniell Clerke John Ogden Thomas Wells Obadiah Brewen John Clerke Anthony Hawkins John Deming and Mathew Camfeild and all such others as now are or hereafter shall bee Admitted and made free of the Company and Society of our Collony of Connecticut in America shall from tyme to tyme and for ever hereafter bee one Body Corporate and Pollitique in fact and name by the Name of Gover- nour and Company of the Englifh Collony of Conecticut in New England in America And that by the same name they and their Succeffors shall and may have perpetuall Succeffion and shall and may bee Perfons able and Capable in the law to Plead and bee Impleaded to Anfwere and to bee Anfwered vnto to Defend and bee Defended in all and singuler Suits Caufes quarrelles Matters, Accons and things of what kind or nature soever And alfoe to have take poffeffe acquire and purchafe lands Tenements or hereditaments or any goods or Chattells and the same to Leafe Graunt Demife Alien bargaine Sell and difpofe of as other our leige People of this our Realme of England or any other Corporacon or Body Pollitique within the same may lawfully doe And further that the said Governour and Company and their Succeffors shall and may for ever hereafter have a Coñon Seale to serve and vfe for all Caufes matters, things and


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affaires whatfoever of them and their Succeffors and the same Seale to alter change breake and make new from tyme to tyme att their wills and pleafures as they shall thinke fitt And further wee will and Ordeine and by theis prefents for vs our heires and Succeffors Doe Declare and appoint that for the better ordering and manageing of the affaires and bufineffe of the said Com- pany and their Succeffors there shall bee one Governour one Deputy Governour and Twelve Affiftants to bee from tyme to tyme Conftituted Elected and Chofen out of the Freemen of the said Company for the tyme being in such manner and forme as hereafter in thefe prefents is expreffed which said Officers shall apply themfelves to take care for the beft difpofeing and Ordering of the Generall bufines and affaires of and concerning the lands and hereditaments herein after menconed to bee graunted and the Plantacon thereof and the Government of the People thereof And for the better execucon of our Royall Pleafure herein Wee doe for vs our heires and Succeffors Affigne name Conftitute and appoint the aforefaid John Winthrop to bee the firft and prefent Governour of the said Company And the said John Mafon to bee the Deputy Governour And the said Samuell Willis Mathew Allen Nathan Gold Henry Clerke Richard Treat John Ogden Thomas Tappen John Talcott Thomas Wells Henry Woolcot Richard Lord and Daniell Clerke to bee the Twelve prefent Affiftants of the said Company to contynue in the said severall Offices refpectively vntill the second Thurfday which shall bee in the Moneth of October now next comeing And further wee will and by theis prefents for vs our heires and Succeffors Doe Ordaine and Graunt that the Governour of the said Company for the tyme being or in his abfence by occafion of sicknes or otherwife by his leave or permiffion the


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Deputy Governour for the tyme being shall and may from tyme to tyme upon all occafions give Order for the affembling of the said Company and calling them to- gether to Confult and advife of the bufineffe and Affaires of the said Company And that for ever hereafter Twice in every yeare That is to say on every Second Thurfday in October and on every Second Thurfday in May or oftner in Cafe it shall bee requifite The Affiftants and freemen of the said Company or such of them not exceed- ing twoe Perfons from each Place Towne or Citty whoe shall bee from tyme to tyme therevnto Elected or Deput- ed by the maior parte of the freemen of the refpective Townes Cittyes and Places for which they shall bee soe elected or Deputed shall have a generall meeting or Affembly then and their to Confult and advife in and about the Affaires and bufineffe of the said Company And that the Governour or in his abfence the Deputy Governour of the said Company for the tyme being and such of the Affiftants and freemen of the said Company as shall be soe Elected or Deputed and bee prefent att such meeting or Affembly or the greateft Number of them whereof the Governour or Deputy Governour and Six of the Affiftants at leaft to bee Seaven shall bee called the Generall Affembly and shall have full power and authority to alter and change their dayes and tymes of meeting or Generall Affemblies for Electing the Gover- nour Deputy Governour and Affiftants or other Officers or any other Courts Affemblies or meetings and to Choofe Nominate and appoint such and soe many other Perfons as they shall thinke fitt and shall bee willing to accept the same to be free of the said Company and Body Politique and them into the same to Admitt and to Elect and Conftitute such Officers as they shall thinke fitt and requifite for the Ordering mannageing and dif-


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pofeing of the Affaires of the said Governour and Com- pany and their Succeffors And Wee doe hereby for vs our heires and Succeffors Eftablifh and Ordeine that once in the yeare for ever hereafter namely, the said Second Thurfday in May the Governour Deputy Gover- nour and Affiftants of the said Company and other Officers of the said Company or such of them as the said Generall Affembly shall thinke fitt shall bee in the said Generall Court and Affembly to bee held from that day or tyme newly Chofen for the yeare unfuing, by such greater part of the said Company for the tyme being then and there prefent And if the Governour Deputy Governour and Affiftants by thefe prefents appointed or fuch as hereafter bee newly Chofen into their Roomes or any of them or any other the Officers to bee appointed for the said Company shall dye or bee removed from his or their several Offices or Places before the said Generall day of Eleccon whome wee doe hereby Declare for any mif- demeanour or default to bee removeable by the Gover- nour Affiftants and Company or such greater part of them in any of the said publique Courts to bee Affembled as is aforefaid That then and in every such Cafe itt shall and may bee lawfull to and for the Governour Deputy Governour and Affiftants and Company aforefaid or such greater parte of them soe to bee Affembled as is aforefaid in any of their Affemblies to Proceede to a New Eleccon of one or more of their Company in the Roome or Place Roomes or Places of such Governour Deputy Gov- ernour Affiftant or other Officer or Officers soe dyeing or re- moved according to their difcretions and imediately vpon and after such Eleccon or Eleccons made of such Governour Deputy Governour Affiftant or Affiftants or any other Officer of the said Company in manner and forme afore- faid The Authority Office and Power before given to the


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former Governour Deputy Governour or other Officer and Officers soe removed in whofe stead and Place new shall bee chofen shall as to him and them and every of them refpectively ceafe and determine Provided alfoe and our will and pleafure is That as well such as are by theis prefents appointed to bee the prefent Governour Deputy Governour and Affiftants of the said Company as thofe that shall succeed them and all other Officers to bee appointed and Chofen as aforefaid shall, before they vndertake the Execucon of their said Offices and Places refpectively take their severall and refpective Corporall Oathes for the due and faithfull performance of their dutyes in their severall Offices and Places before such Perfon or Perfons as are by thefe Prefents hereafter appoynted to take and receive the same That is to say the said John Winthrop whoe is herein before nominated and appointed the prefent Governour of the said Com- pany shall take the said Oath before one or more of the Mafters of our Court of Chancery for the tyme being vnto which Mafter of Chancery Wee doe by theis prefents give full power and authority to Adminifter the said Oath to the said John Winthrop accordingly. And the said John Mafon whoe is herein before nominated and duely appointed the prefent Deputy Governour of the said Company shall take the said Oath before the said John Winthrop or any twoe of the Affistants of the said Com- pany vnto whome Wee doe by thefe prefents give full power and authority to Adminifter the said Oath to the said John Mafon accordingly. And the said Samuell Willis Henry Clerke Mathew Allen John Tappen Nathan Gold, Richard Treate, Richard Lord, Henry Woolcott John Talcott Daniell Clerke John Ogden and Thomas Welles whoe are here in before Nominated and appointed the prefent Affiftants of the said Company shall take the


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Oath before the said John Winthrop and John Mafon or one of them to whome Wee doe hereby give full power and authority to Adminifter the same accordingly And our further will and pleafure is that all and every Gover- nour or Deputy Governour to bee Elected and Chofen by vertue of theis prefents shall take the said Oath before two or more of the Affiftants of the said Company for the tyme being vnto whom Wee doe by theis prefents give full power and authority to give and Adminifter the said Oath accordingly And the said Affiftants and every of them and all and every other Officer or Officers to bee hereafter Chofen from tyme to tyme to take the said Oath before the Governour or Deputy Gov- ernour for the tyme being vnto which said Governour or Deputy Governour wee doe by theis prefents give full power and authority to Adminifter the same ac- cordingly And further of our more ample grace certeine knowledge and meere moçon Wee have given and Graunted and by theis prefents for vs our heires and Succeffors Doe give and Graunt vnto the said Governour and Company of the English Colony of Conecticut in New England in America and to every Inhabitant there, and to every Perfon and Persons Trading thither And to every such Perfon and Perfons as are or shall bee free of the said Collony full power and authority from tyme to tyme and att all tymes hereafter to take Ship Tranfport and Carry away for and towards the Plantation and defence of the said Collony such of our loveing Subjects and Strangers as shall or will willingly accompany them in and to their said Collony and Plantaton (Except such Perfon and Perfons as are or shall bee there in reftrayned by vs our heires and Succeffors) And alfoe to Ship and Tranfport all and all manner of goods Chattells Merchandizes and other things whatfoever that are or


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shall bee vfefull or neceffary for the Inhabitants of the said Collony and may lawfully bee Tranfported thither Nevertheleffe not to bee difcharged of payment to vs our heires and Succeffors of the Dutyes Cuftomes and Sub- fidies which are or ought to bee paid or payable for the same And further Our will and pleafure is And Wee doe for vs our heires and Succeffors Ordeyne Declare and Graunt vnto the said Governor and Company and their Succeffors That all and every the Subjects of vs our heires or Succeffors which shall goe to Inhabite within the said Colony and every of their Children which shall happen to bee borne there or on the Sea in goeing thither or returneing from thence shall have and enjoye all liberties and Immunities of free and naturall Subjects within any the Dominions of vs our heires or Succeffors to all intents Conftruccons and purpofes watfoever as if they and every of them were borne within the Realme of England And Wee doe authorife and impower the Gover- nour or in his abfence the Deputy Governor for the tyme being to appointe two or more of the said affiftants att any of their Courts or Affemblyes to bee held as aforefaid to have power and authority to Adminifter the Oath of Supremacy and obedience to all and every Perfon and Perfons which shall att any tyme or tymes hereafter goe or paffe into the said Colony of Conecticut vnto which said Affiftants foe to bee appointed as aforefaid Wee doe by thefe prefents give full power and authority to Adminifter the said Oath accordingly. And wee doe further of our especiall grace certeine knowledge and meere mocon give and Graunt vnto the said Governor and Company of the English Colony of Conecticutt in New England in America and their Succeffors that itt shall and may bee lawfull to and for the Governor or Deputy Governor and such of the Affiftants of the said


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Company for the tyme being as shall bee Affembled in any of the General Courts aforefaid or in any Courts to bee efpecially Sumoned or Affembled for that purpofe or the greater parte of them whereof the Governor or Depu- ty Governor and Six of the Affiftants to be all wayes Seaven to Erect and make such Judicatories for the heareing and Determining of all Accons Causes matters and thinges happeing within the said Colony or Plan- tacon and which shall bee in difpute and depending there as they shall thinke fitt and convenient And alfoe from tyme to tyme to Make Ordaine and Eftablifh All manner of wholfome and reafonable Lawes Statutes Ordinances Direccons and Inftruccons not contrary to the lawes of this Realme of England afwell for setling the formes and Ceremonies of Governement and Mageftracy fitt and neceffary for the said Plantacon and the Inhabitants there as for nameing and Stileing all sorts of Officers both superior and inferior which they shall find needfull for the Governement and Plantacon of the said Colony and the diftinguifhing and setting forth of the severall Dutyes Powers and Lymitts of every such Office and Place and the formes of such Oaths not being contrary to the lawes and Statutes of this our Realme of England to bee Adminiftred for the Execucon of the said severall Offices and Places As alfoe for the difpofeing and Ordering of the Eleccon of such of the said Officers as are to bee Annually Chofen and such others as shall succeed in cafe of death or removall and Adminiftring the said Oath to the new Elected Officers and Graunting neceffary Comiffions and for impoficon of lawfull Fines Mulcts Imprifonment or other Punifhment vpon Offenders and Delinquents accord- ing to the Courfe of other Corporacons within this our Kingdome of England and the same lawes fines Mulcts and Execucons to alter change revoke adnull releafe or


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Pardon vnder their Comon Seale As by the said Generall Affembly or the major part of them shall bee thought fitt And for the directing ruleing and difpofeing of all other matters and things whereby our said People Inhabitants there may bee soe religioufly peaceably and civilly Gov- erned as their good life and orderly Converfacon may wynn and invite the Natives of the Country to the knowledge and obedience of the onely true God and Saviour of mankind and the Chriftian faith which in our Royall intencons and the Adventurers free profeffion is the onely and principall end of this Plantacon Willing Commanding and requireing and by thefe prefents for vs our heires and Succeffors Ordaineing and appointeing That all such Lawes Statutes and Ordinances Inftruccons Impoficons and Direccons as shall bee soe made by the Governor Deputy Governor and Affiftants as aforefaid and publifhed in writeing vnder their Comon Seale shall carefully and duely bee obferved kept performed and putt in executon according to the true intent and meaning of the same And thefe our letters Patents or the Duplicate or Exemplificacon thereof shall bee to all and every such Officers Superiors and inferiors from tyme to tyme for the Putting of the same Orders lawes Statutes Ordinances Inftruccons and Direccons in due Execucon againft vs our heires and Succeffors, a sufficient warrant and dif- charge And wee doe further for vs our heires and Succef- fors give and Graunt vnto the said Governor and Com- pany and their Succeffors by thefe prefents That itt shall and may bee lawfull to and for the Cheife Commanders Governors and Officers of the said Company for the tyme being whoe shall bee refident in the parts of New England hereafter menconed and others inhabiting there by their leave admittance appointment or direccon from tyme to tyme and att all tymes hereafter for their speciall defence


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and safety to Affemble Martiall Array and putt in War- like pofture the Inhabitants of the said Colony and to Commiffionate Impower and authorife such Perfon or Perfons as they shall thinke fitt to lead and Conduct the said Inhabitants and to encounter expulfe repell and refift by force of Armes as well by Sea as by land And alfoe to kill Slay and deftroy by all fitting wayes enter- prizes and meanes whatfoever all and every such Perfon or Perfons as shall att any tyme hereafter Attempt or enterprize the deftruccon invafion detriment or annoy- ance of the said Inhabitants or Plantacon And to vfe and exercife the Law Marciall in such Cafes onely as occafion shall require And to take or surprize by all wayes and meanes whatfoever all and every such Perfon and Perfons with their Shipps Armour Ammunicon and other goods of such as shall in such hoftile manner invade or attempt the defeating of the said Plantacon or the hurt of the said Company and Inhabitants and vpon iuft Caufes to invade and deftroy the Natives or other Enemyes of the said Colony Nevertheless Our Will and pleafure is And Wee doe hereby Declare vnto all Chriftian Kings Princes and States That if any Perfons which shall hereafter bee of the said Company or Plantacon or any other by appoint- ment of the said Governor and Company for the tyme being shall att any tyme or tymes hereafter Robb or Spoile by Sea or by land and doe any hurt violence or vnlawfull hoftillity to any of the Subiects of vs our heires or Succeffors or any of the Subiects of any Prince or State beinge then in league with vs our heires or Succeffors vpon Complaint of such iniury done to any such Prince or State or their Subiects Wee our heires and Succeffors will make open Proclamacon within any parts of our Realme of England fitt for that purpofe That the Perfon or Perfons commitinge any such Robbery or Spoile shall


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within the tyme lymitted by such Proclamacon make full reftitucon or satiffaccon of all such iniuries done or com- mitted Soe as the said Prince or others soe complayneing may bee fully satiffied and contented And if the said Perfon or Perfons whoe shall committ any such Robbery or Spoile shall not make satiffaccon accordingly within such tyme soe to bee lymitted That then itt shall and may bee lawfull for vs our heires and Succeffors to putt such Perfon or Perfons out of our Allegiance and Proteccon And that it shall and may bee lawfull and free for all Princes or others to Profecute with hoftility such Offend- ers and every of them their and every of their Procurers ayders Abettors and Councellors in that behalfe Provided alfoe, and our expreffe will and pleafure is And Wee doe by thefe prefents for vs our heires and Succeffors Ordeyne and appointe that thefe prefents shall not in any manner hinder any of our loveing Subiects whatfoever to vfe and exercife the Trade of Fifhinge vpon the Coaft of New England in America but they and every or any of them shall have full and free power and liberty to contynue and vfe the said Trade of Fifhing vpon the said Coaft in any of the Seas therevnto adioyning or any Armes of the Seas or Salt Water Rivers where they have byn accuf- tomed to Fifh And to build and sett vpon the waft land belonging to the said Colony of Conecticutt such Wharfes Stages and workehoufes as shall bee neceffary for the Salting dryeing and keeping of their Fifh to bee taken or gotten vpon that Coast any thinge in thefe prefents conteyned to the contrary notwithftanding And knowe yee further That Wee of our more abundant grace certaine knowledge and meere mocon have given Graunted and Confirmed And by theis prefents for vs our heires and Succeffors Doe give Graunt and Confirme vnto the said Governor and Company and their Succeffors All that


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parte of our Dominions in Newe England in America bounded on the Eaft by Norrogancett Riuer comonly called Norrogancett Bay where the said Riuer falleth into the Sea, and on the North by the Lyne of the Maffa- chufetts Plantation and on the South by the Sea, and in longitude as the Lyne of the Maffachufetts Colony runinge from Eaft to Weft that is to say, from the said Narrogancett Bay on the Eaft to the South Sea on the Weft parte with the Iflands therevnto adjoyneinge Together with all firme lands Soyles Grounds Havens Ports Rivers Waters Fifhings Mynes Myneralls Precious Stones Quarries and all and singuler other Comodities Jurifdiccons Royalties Priviledges Franchefes Prehemin- ences and hereditaments whatfoever within the said Tract Bounds lands and Iflands aforefaid or to them or any of them belonging To have and to hold the same vnto the said Governor and Company their Succeffors and Affignes, for ever vpon Truft and for the vfe and benefitt of them- felves and their Affociates freemen of the said Colony their heires and Affignes To bee holden of vs our heires and Succeffors, as of our Mannor of East Greenewich in Free and Comon Soccage and not in Capite nor by Knights Service Yeilding and Payinge therefore to vs our heires and Succeffors onely the Fifth parte of all the Oare of Gold and Silver which from tyme to tyme and att all tymes hereafter shall bee there gotten had or obteyned in liew of all Services Dutyes and Demaunds whatfoever to bee to vs our heires or Succeffors therefore or thereout rendered made or paid And laftly Wee doe for vs our heires and Succeffors Graunt to the said Governor and Company and their Succeffors by thefe prefents that thefe our Letters Patent shall bee firme good and effec- tuall in the lawe to all intents Conftruccons and purpofes whatfoever accordinge to our true intent and meaneing


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herein before Declared as shall bee Conftrued reputed and adiudged moft favourable on the behalfe and for the beft benefitt and behoofe of the said Governor and Com- pany and their Succeffors Although Expresse mention of the true yearely value or certeinty of the premiffes or of any of them or of any other Guifts or Graunts by vs or by any of our Progenitors or Predeceffors heretofore made to the said Governor and Company of the Englifh Colony of Conecticutt in New England in America aforefaid in theis prefents is not made or any Statute Act Ordinance Provifion Proclamacon or Reftriccon heretofore had made Enacted Ordeyned or Provided or any other matter Caufe or thinge whatfoever to the contrary thereof in any wife notwithftanding In Witnes whereof wee have caufed thefe our letters to bee made Patent Witnes our Selfe att Weftminfter the Three and Twentieth day of Aprill in the Fowerteenth yeare of our Reigne.




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