History of Middlesex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. I, Part 2

Author: Hurd, D. Hamilton (Duane Hamilton), ed
Publication date: 1890
Publisher: Philadelphia, J. W. Lewis & co
Number of Pages: 1034

USA > Massachusetts > Middlesex County > History of Middlesex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. I > Part 2

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HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

Prince or State or being within the bonnders aforesaid shalbe utterly voyd, their prescats or any thinge therein contoyned to the contrarie notwithstanding. To Have and to hould, possesse and enjoy the saide partes of Newe England in America which lye, extend and are abutted as aforesaide and every parte and parcell therof ; And all the islandes, rivers, portes, havens, waters, fishings, fishes, mynes, mineralls, juris- diccoos, franchises, royalties, liberties, priviledges, comodities and prem- ises whatsoover with the appurtenances_unto the said Sir Henry Rose- well, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Endecott, Simon Whetcombe, Isnack Johnson, Samuell Aldersey, Jolın Ven, Mathewe Cradock, George Harwood, Increase Nowell, Richard Perry, Richard Bellingham, Nathaniel Wright, Sam- nel Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, Joho Browne, Samnell Browne, Thomas Hutchoos, William Vassall, William Pincheoo and George Foxcroft, their heires and assignes forever to the oulie proper and absolute nse and behonfe of the said Sir Henry Rosewell, Sir John Youage, Sir Richard Saltonstall, Thomas Sonthcott, Joho Humphrey, John Eodecott, Simon Whetcombe, Isaac Johnson, Samuell Aldersey, John Ven, Mathewe Cradocke, George Harwood, In- crease Nowell, Richard Pery, Richard Bellingham, Nathaniell Wright, Samuel Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, Joho Browoe, Samuell Browne, Thomas Hutchens, William Vassall, William Piocheon aod George Foxcroft, their heires and assigues forevermore. To be holden of ns, our heires and successors as of our madoor of East- greenewich, in our Countie of Kent, within our realme of England, iu free and comoo socage, and not in capite oor by Knight's service; and also yeildiog and payeing therefore to ns, our heires aud successors the fifte parte onlic of all oare of gonld and silver which from tyme to tyme, and at all times hereafter, shalbe there gotten, had or obteyned for all services, exaccons and demanndes whatsoever, Provided alwaies and our expresse will and meanenge is That onlie one-fifte parte of the gonld and silver oare abovemencoed iu the whole and noe more be reserved or payeable unto us, onr beires and successors hy collour or vertne of their presents. The double reservacoos or recitals aforesaid or any thage herein conteyaed notwithstanding. And foreasmuch as the good and prosperous successe of the plantacon of the saide partes of Newe England aforesaide intended by the said Sir Henry Rosewell, Sir John Younge, Sir Richard Saltoustall, Thomas Sonthicott, John Humphrey, Joha Endecott, Sinion Whetcombe, Isaack Johnson, Samnell Aldersey, John Ven, Mathewe Cradock, George Harwood, Increase Noell, Richard Perry, Richard Bellingham, Nathaniell Wright, Samuell Vassal, The- ophilns Eaton, Thomas Goffe, Thomas Adams, John Browne, Samnell Browne, Thomas Hutchens, William Vassall, William Pincheon and George Foxcrofte to be speedily set upon, cannot but chiefly depend next under the blessing of Almiightie God and the support of our royal authoritie upon the good government of the same, To the ende that the affaires, buyssioesses which from tyme to tyme shall happen and arise concerning the said landes and the plantation of the same maie be the better managed and ordered. Wee have further, hereby, of onr especiall grace, certen kuowledge and meere mocon given, graunted and confirmed And for us, onr heires and successors doe give, grannt and confirme unto the saide trustee and welbeloved subjects, Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas Sonthcott, John Humphrey, Joha Endecott, Simon Whetcombe, Isaack Johnson, Simon Aldersey, John Ven, Msthewe Cradock, George Harwood, Increase Nowell, Rich- ard Pery, Richard Bellingham, Nathaniell Wright, Samuel Vassal, The- ophilus Eatoo, Thomas Goffe, Thomas Adams, John Browne, Samnell Browne, Thomas Hutchens, William Vassall, William Pincheon aud George Foxcrofte : And for ns, our heires and successors wee will and ordeyoe That the saide Sir Henry Rosewell, Sir John Young, Sir Richard Saltonstall, Thomas Southcott, Joho Humphrey, John Endecott, Symon Whetcomhe, Isaack Johnson, Samuel Aldersey, John Vea, Mathewe Cradock, George Harwood, Increase Noell, Richard Pery, Richard Bell- ingham, Nathaniell Wright, Samnel Vassall, Theophilns Eaton, Thomas Goffe, Thomas Adams, John Browne, Samnell Browne, Thomas Hutch- ens, William Vassall, William Procheon and George Foxcrofte and all such others as shall hereafter be admitted and made freo of the Com- pauy and Society hereafter mencoed shall from tyme to tyme and at all tymes for over hereafter be by vertno of theis presente one body cor- porate and politique, in fact and name, by the name of the Governor and Company of the Mattachusette Bay, in Newe England : And them by the game of the Governor and Company of the Mattachusetts Bay in Newo England, one bodie politique aod corporato in deede, fact and name, Wee doe for us, our heires and successore make, orileyne, consti- tute and confirme by theis presents, and thint hy that came they shall have perpetuall snecessioo, And that by the same name they and their

successors shall and maie be capable and enabled, as well, to implead and to be impleaded, and to prosecuto, demaund and aunswere nud be aunsweared unto on all and singular suites, causes, quarrels and accons, of what kind or nature soever. And also to have, take, possesso, acquire and purchase any landes, tenements or heriditaments or any goods or chattells, aod the same to leave, graunt, demene, alien, bargaine, cell and dispose of as other our liege people of this our realme of England or any other corporacon or body politique of the same maie lawfullie doe : And further that the said Governor and Companye and their successors naie have forever one comon seale, to be used in all causes and occa- sione of the said Company, and the same seale maie alter, change, breake and nowe make from tyme to tyme at thelr pleasures, And our will and pleasure is, And we do hereby, for us, our heires and successors, ordeyue and granate That from henceforth, for ever, there shalbe one Governor, one Deputy Governor and eighteene assistants of the same Company to be from tyme to tyme constituted, elected and chosen out of the freebien of the saide Company for the tyme being ju such manner and forme as hereafter in theis presente is expressed, Which said offi- cers shall applie themselves to take care for the best disposeing and or- dering of the generall buysines and affaires of, for and concerning the saide lands and premisses hereby mencoed to be grauoted, and the plan- tacion thereof, and the government of the people there, And for the better execucoo of our royal pleasure, and granot in their behalf, wee doe, by theis presents, for ns, our leires and successors, nominate, or- deyne, make and constitnte our welbeloved, the saide Mathewe Crad- ock, to be the first and present Governor of the said Company, and the said Thomas Goffe to be Deputy Governor of the saide Company, and the said Sir Richard Saltoustall, Issack Johnson, Samuell Aldersey, John Ven, John Humphrey, Joho Eudecott, Simon Whetcombe, Increase Noell, Richard Pery, Nathaniell Wright, Sammell Vassall, Theophilus Eatou, Thomas Adams, Thomas Hutchens, John Browne, George Fox- crofte, William Vassall and William Piocheon to be the present Assist- ants of the saide Company, to continue in the saide severall offices ro- spectivelie for such tyme and in such manner as in and by theis pres- ents is hereafter declared and appointed. And further we will and by theis presents for us, onr heires and successors, doc ordayne and graunt, That the Governor of the saide Company, for the tyme being, or, in his absence, by occasion of sickues, or otherwise, the Deputie Governor, for the tyme being, shall have authoritie, from tyme to tynie, upon all occa- sions, to give order for the assembling of the saide Company and calling them together to consult and advise of the businesses and affaires of the saide Company ; And that the said Governor, Deputie Goveroor and As- sistante of the saide Company, for the tyme being, shall or maie, once every monetli, or oftener, at their pleasures assemblo and houlde and keepe a Courte or Assemblie of themselves for the better ordering and direct- ing of their affaires, And that any seaven or more persons of the Assist- note, together with the Governor or Deputie Governor, soe assembled, shalbe saide, taken, held and reputed to be and shallbe a full and suf- ficient Courte or Assemblie of the saide Company for the handling, or- deriog sod dispatching of all such buysinesses and occurants as shall, from tyme, to tyme happen, touching or concerning the said Company or plantacon, and that there shall or maie be held and kept by the Gov- ernor or Deputie Goveroor of the said Company, and seaven or more of the said Assistants, for the tyme being, upon every last Wednesday in Hillary, Easter, Trinity and Michas terms respectivelie, for ever, one greate generall and solempe Assemblie, which four Generall Assemblies shalbe stiled and called the Foure Greate and Generall Courts of the saide Company : Io all and every or any of which said Greate and Generall Courts soe assembled We doe for us, onr heires and successors, give and grannte to the said Governor and Company and their successors That the Governor, or, in his absence, the Deputie Governor of the saide Company, for the tyme being, and such of the Assistants and frecusen of the saide Company as shalhe present or the greater number of them soe assobibled, whereof the Governor or Deputie Governor and six of the Assistants at the least, to be seaven shall have full power aod authoritie to choose, aomiuate and appointe such, and soe many others as they shall thinke fitt, and that shall be willing to accept the samo to be free of tho said Company and Body and them into the samo to admitt and to elect and constitute such officers ns they shall think fitt and requisito for the ordering, mannaging and dispatching of the affaires of the saide Gover- nor and Company and their successors, And to make lawce and ordinn- ces for the good and welfare of the saide Company, and for the govern- ment and ordering of the said lauds and plantacon, and the people in- habiting and to inhabite the same as to them from tyme to tyme shalbe thought meet, Soo as such lawes and ordinances be not contrarie or re- pugnant to the lawes and statuts of this our realme of England; And

MIDDLESEX COUNTY.

our will and pleasure is And we do hereby for us, our heires and suc- cessors, establish and ordoyne That yearely once in the yeare for ever hereafter, namely : the last Wednesday in Easter tearme yearely the Governor, Deputy Governor and Assistants of the said Company, and all other officers of the saide Company shalbe in the Generall Court or Assembly, to be held for that day or tyme newly chosen for the yeare ensneing by such greater parte of the said Company, for the tyme being, then and there present as is aforesaide ; And yf it shall happen the present Governor, Deputy Governor and Assistants by theis presents appointed, or such as shall hereafter be newly chosen into their roomes or ar y of them or any other of the officers to be appointed for the said Con. muy to dye or to be remouved from his or their severall offices or places before the saide generall day of elecon (whome we doe hereby de- clare for any misdemeanor or defect to be removeable by the Governor, Deputie Governor, Assistants and Company, or such greater parte of them in any of the publique Courts to be assembled as aforesaid), That then aod in every such case it shall and maie he lawfull to and for the Gov- ernor, Deputie Governor, Assistants and Company aforesaide or such greater parte of them soe to be assembled, as is aforesaid, in any of their assemblies to proceade to a new eleccon of one or more others of their Company in the roome or place, roomes or places of such officer or offi- cers soe dying or removed according to their discrecons. And ymediately upon and after such eleccon and eleccons made of such Governor, Dep- utie Governor, Assistant or Assistants, or any other officers of the saide Company in manoer and forme aforesaid, the authoritie, office and power before given to the former Governor, Deputie Governor, or other officer and officers sve removed in whose steede and place newe shalbe soe chosen, shall as to him and them and everie of them, ceass and de- termine. Provided also-and our will and pleasure is That as well sach as are by theis presents appointed to be the present Governor, Deputie Governor and Assistants of the said Company as them that shall succesd them, and all other officers to be appointed and chosen as aforesaid, --- shall, It fore they undertake the exaccon of their saide offices and places respectivelie, take their corporall oathes for the due and faithfull per- formance of their duties in their severall offices and places before such person or persons as are by theispresents hereunder appointed to take and rec. ive the same ; That is to saie, the said Mathewe Cradock-whoe is here v nominated and appointed the present Governor of the saide Company-shall take the saide oathes before one or more of the Masters of our Courte of Chauncery, for the tyme being, unto which Master or Masters of the Chauncery Wee doe by theis presents give full power and authoritie to take and administer the said oathe to the said Governor accordingly. And after the saide Governor shalbe soe sworne, then the said Deputy Governor and Assistants-before by theis presents nomi- nated and appointed-shall take the said severall oathes to their offices and places respectivelie belonging, before the said Mathew Cradock, the preseot Governor, soe formerlie sworne, as aforesaide. And every such person as shalbe at the tyme of the annuall eleccon, or otherwise, upon death or removeall, be appointed to be the newe Governor of the said Company, shall take the oathes to that place belonging, before the Dep- uty Governor or two of the Assistants of the said Company, at the least, for the tyme being. And the newe elected Deputie Governor and Assist- auts, and all other officers to be hereafter chosen, as aforesaide, from tyme to tyme, to take the oathes to their places respectivelie belonging, before the Governor of the said Company, for the tyme being, Unto which said Governor, Deputie Governor and Assistants Wee doe by theis presents give full power and authoritie to give and administer the said oaths respectively, according to our true meaning, herein before de- clared, without any comission or further warrant, to be bad and oh- teyned of us, our beires or successors, in that behalf, And Wee doe fur- ther, of our especiall grace, certain knowledge and meere mocon, for us, our heires and successors, give and grannt to the said Governor and Company and their successors forever by theis presents That it shalbe lawfull and free for them and their assignes at all and every tyme and tymes hereafter, out of any our realmes or domynions whatsoever to take, Iende, cary and transport for and into their voyages, and for and towards the said plantacon in Newe England, all such and sos many of our loving subjects or any other strangers that will become our loving subjects aod live under our allegiance, as shall willinglle accompanie them in the same voyages and plantacon, and also shipping armonr, weapons, ordenance, municon, powder, shott, corDe, victualls and all manner of clothing, implements, furniture, beastes, cattle, horses, Inares, merchandizes and all other thinges necessarie for the saide plan- tacon, and for their nse and defence, and for trade with the people there, and in passing and returning to and fro, any lawe or statute to thio con- trarie hereof in any wise notwithstanding, and without payeing or yield-

ing any customs, or subsedie, either inward or outward, to us, our heires or successors for the same by the space of seaven yeares from the day of tho date of theis presents, Provided that none of the suide persons be such as shutbe hereafter by especiall name restrained by us, our beires or succes- sors. And for their further encouragement of our especiall graco and favor wee doe by theis presents for as, our heirs and successors, yield and graunt to the saide Governor and Company and their successors and every of them their factors and assignes, That they und every of them shulbe free and quitt from all taxes, subsidies and customes in New England for the like space of seaven years, and from all taxes and imposicons for the space of twenty and one yeares upon nil goodes and merchandises at any tyme or tymes hereafter, either npon importacon thither or exportacon from thence into our realme of England, or into any other our domy neons by the saide Governor nod Company and their successors, their deputies, factors and assignes or any of them except onlie the five poundes per centom due for custome npon all such goodes and merchandises as after the saide seaven yeares shalbe expired shalbe brought or imported into our realme of England or any of ohr dominions according to the aun- cient trade of merchants, which five poundes per centnm onlie being paide it shall be thenceforth lawfull and free for the said adventurers the same goods and merchandises to export and carry out of our said domin- ions into forrane partes without any custome, tax or other dutie to be paid to us, our heirs or successors, or to any other officers or ministers of us our heires and successors. Provided that the said goodes and merchandises be shipped out within thirteene monethes after their first landing within any parte of the saide domynions, And wee doe for ns, onr heirs and suc- cessors, give and graunte unto the saide Governor and Company and their successors That whensoever or sos often as any custome or subsidie sball growe due or payiable unto us, our heirs or successors, according to the lymittacon and appointment aforesaide by reason of any goodes, wares, or merchandises to be shipped out or any retorne to be made of any goodes, wares or merchandise uoto or from the said partes of Newe England hereby mencoed to be graunted as aforesaide or any the lands or terri- tories aforesaide, That then and sve often and in such case the farmers, customers and officers of our customes of England and Ireland and everie of them for the tyme being, upon request made to them by the saide Governor and Company or their successors, factors or assignes, and upon convenient security to be given in that behalf, shall give and allowe unto the suid Governor and Company and their successors and to all and everie person and persons free of that company as aforesaide six monethes tyme for the payement of the one half of all such custome and subsidy as shalbe due and payeable unto us, our heirs and successors, for the same, For which theis our letters patents or the duplicate or the enrollmit thereof shalhe unto our saide officers a sufficient warrant and discharge. Nevertheless our will and pleasure is That if any of the saide goodes, wares and merchandise which he or shalbe at any tyme hereafter landed or exported out of any of onr realmes aforesaide and shalbe shipped with a purpose not to be carried to the partes of Newe England atoresaid, but to some other place, That then such payment, dutie, custome, imposicon or forfyture shalbe paid or belonge to us, our beires and successors, for the said goodes, wares and merchandise soe frandulently sought to be trans- ported,as yf this our graunte had not been made nor grannted. And Wee doe further will, And by theis presents our heirs and successors firmely eDioine and comaunde as well the Treasurer, Chauncellor and Barons of the Exchequer of us, onr heires and successors, as also all and singular the customers, farmers, and collectors of the customes, subsidies and imports and other the officers and ministers of us, our heirs and successors, what - svever for the tyme helng, That they and every of them upon the shew- ing forth unto them of these letters patents or the duplicate or exempit- licacon of the same, without any other writt of warrent whatsoever from ns, onr heirs or successors, to be obtoyned on said faith, doe and shall make full, whole, entire and ilne allowance and cleare discharge unto tho saide Governor and Company and their sucerasors of all customes, subsidies, imposicons, taxes and duties whatsoever that shall or maje be claymed by us, our heirs and successors, of or from the said Governor aml Company and their successors, for or by reason of the said guodes, chat . tells, wares, merchandiscs and premises to be exported out of our suide domynions or any of them into any parte of the suide landes or premises hereby mencoed to be given, graunted and conferred or for or by renson of any of the saide goodes, chattells, wuresor merchandisen to be import- od from the said landes and premises hereby mencoed to be given, granuted or conferred into any of our saide dominions or any parte thereof as aforesaide, exopting onlie the saide tive pounden per centum hereby reserved and payeable after the expiracon of the snide terme of seaven years as aforesaid and not before. And thels our letters patents or the enrollment, 'Implicate or exemplificacon of the same shalbe fur

vì

HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

ever hereafter from time to tyme as well to the Treasurer, Chancellor and Barone of the Exchequer, of us, our heires and successors, ae to all and singular the customers, farmers and collectors of the customes, sub- sidies and importe of ue, our heirs and successors, and all searchers and others, the officere and ministers whatsoever of us, our heirs and euccee- gore, for the time being a sufficient warrant and discharge in this behalf, And further our will and pleasure is, And Wee doe hereby for us, our heirs and enccessors, ordayoe, declare and graunt to the eaide Governor and Company and their successors, That all and every of the subjecte of us, our heire or successors, which shall goe to and iohabite within the eaidee laveds and premises hereby mencoed to be granted and every of their children which shall happen to be borne there on the seas in going thither or- retorneing from thence shall have and enjoy all liberties and immunities of free and naturall subjects within any of the domynione of us, our beiers or successors, to all intents, construccons and purposes whatsoever as yf they and everie of them were borne within the realme of England. And that the Governor and Depntie Governor of the said Company for the tyme being or either of them and any two or more of anch of the saide Assistante as sbalbe thereunto appointed by the said Governor and Com- pany at any of their courts or assemblies to be held as aforesaide shall aod maie at all tymes, and from tyme to tyme hereafter, have full power aod authoritie to minister and give the oathe and oathes of supremacie and allegiance or either of them to all and everie person and persons which shall at any tyme or tymes hereafter goe or passe to the landes and premises hereby mencoed to be graunted to inhabite the same. And wee doe, of our further grace, certen knowledg and meere mocon, give and grant to the saide Governor and Company and their successors, Thatit shall and maie be lawfull to and for the Governor or Depntie Governor aud such of the Assistants and Freemen of the said Company, for the tyme being, asshalbe assembled in any of their General Courts aforesaide, or in any other Courte to be specially sumoned and assemi- hled for that purpose or the greater parte of them (whereof the Governor or Deputie Governor and six of the Assistants to be alwaies seaven) from tyme to tyme to make, ordaine and establish all manner of wholesome and reasonable ordere, lawes, statutes and ordiunces, direccons and in- struccon not contrarie to the laws of this our realme of England, as well for setling of the formes and ceremonies of governoit, and magistracy fitt and necessery for the said plantacon and the inhabitants there, and for nameing and stiling of all sortes of officers both superior and inferior which they shall find needeful for that government and plantacon, and the distinguishing and setting forth of the severall duties, powers and lymitts of every such office and place and the formes of such oathes war- rantable by the laws and statutes of this our realme of England, as shalbe respectivelie ministered unto them for the execucon of the said severall offices and places, as also for the disposing and ordering of the eleccons of Buch of the said officers as ehalbe annuall and of such othere as shalbe to succede in case of death or removeall, and ministring the said oathes to the newe elected officers and for imposicone of lawfull fynes, mulcte, imprisonment or other lawfull correction according to the course of otber corporacous in this our realme of England, and for the direct- ing, ruling and disposeing of all other matters and thinges whereby our said people inhabitants there maie be so religiously, peaceablie and civilly governed as their good life and orderlie conversacon maie wyun, and incite the natives of country to the knowledge and obedience of the onlie true God and Saviour of mankinde and the Christian fayth, which in our royal intencon and the adventurers free profession is the peacefull ende of this plantacon. Willing, comaunding and requireing and by their preseute for us, our beire or successore, ordeyning and appointing, That ull such orders, lawes, statuts and ordinnces, instruccons and direc- con as shalbe soe made by the Governor and Deputie Governor of the said company and such of the Assistants and Freeman as aforesaide and published in writing under their comon seale shalbe carefullie and dulie observed, kept, pformed and putt in execucon according to the true in- tent and meaning of the same, And theis our letters patents, or the du- plicate or exemplicacon thereof, shalbe to all and everie such officer super ior and inferior, from tyme to tyme, for the putting of the same orders, Inwes, statutes and ordinaces, instruccon and direccons in due execucon against us, our heires and successors, a sufficient wurrant and discharge, And wee doe further, for us, our heires and successors, give aud graunt to the said Governor and Company and their successors by theis presents, That all and everie anch chiefe communders, captaines, guver- nors and other officers aud ministers na, by the said orders, Inws, statuts, ordinnces, instruccon or direccons of the said Governor and Company for the tyme being, shalbe from tyme to tyme herenfter ymploied either in the government of the said iubabitauts and plantacon or lu the waye by sen thither or from thence according to the natures and lymytte of

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History of Middlesex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. I, Part 2

Author: Hurd, D. Hamilton (Duane Hamilton), ed Publication date: 1890 Publisher: Philadelphia, J. W. Lewis & co Number of Pages: 1034

Author: Hurd, D. Hamilton (Duane Hamilton), ed
Publication date: 1890
Publisher: Philadelphia, J. W. Lewis & co
Number of Pages: 1034