USA > Massachusetts > Suffolk County > Professional and industrial history of Suffolk County, Massachusetts, Volume I > Part 2
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HISTORY OF THE BENCH AND BAR.
Samuell Browne Thomas Hutchins William Vassall William Pincheon and George Fox- crofte; And for us our heires and successors wee will and ordeyne That the saide Sir Henry Rosewell Sir John Younge Sir Richard Saltonstall Thomas Southcott John Humfrey John Endecott Simon Whetcombe Isaack Johnson Samuell Aldersey John Ven Mathew Cradock George Harwood Increase Nowell Richard Perry Richard Bell- ingham Nathaniell Wright Samuell Vassall Theophilus Eaton Thomas Goffe Thomas Adams John Browne Samuell Browne Thomas Hutchins William Vassall William Pincheon and George Foxcrofte and all such others as shall hereafter be admitted and made free of the Company and Society hereafter menconed shall from tyme to tyme and at all tymes for ever hereafter be by vertue of these presents one body corporate and politque, in fact and name by the name of the Governor and Company of the Matta- chusetts Bay in Newe England : And them by the name of the Governor and Com_ pany of the Mattachusetts Bay in Newe England, one bodie politique and corporate in deede fact and name, We doe for us our heires and successors make ordeyne consti- tute and confirme by these presents and that by that name they shall have perpetuall succession, and that by the same name they and their successors shall and maie be ca- peable and enabled as well to implead and to be impleaded and to prosecute demaund and aunswere and be aunswered unto on all and singular suites causes quarrels and ac- cons of what kind or nature soever, And also to have take possesse acquire and pur- chase any landes tenements or hereditaments or any goods or chattells, and the same to lease graunt demise alien bargaine sell 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 snc- cessors maie have forever one comon seale to be used in all causes and occasions of the said Company and the same seale maie alter change breake and newe make from tyme to tyme at their pleasures, And our will and pleasure is, And we do hereby for us our heires and successors ordeyne and graunte That from henceforth for ever there shalbe one Governor, one Deputy Governor and eighteen Assistants of the same Company to be from tyme to tyme constituted elected and chosen out of the freemen of the saide Com- pany for the tyme being in such manner and forme as hereafter in these presents is ex- pressed. Which said officers shall applie themselves to take care for the best dispose- ing and ordering of the generall buysines and affaires of for and concerning the saide landes and premises hereby menconed to be grannted and the plantation thereof and the government of the people there, And for the better execucon of our royal pleasure and graunt in their behalf wee doe by these presents for us our heirs and successors nominate ordeyne make and constitute our welbeloved the saide Mathewe Cradock to be the first and present Governor of the saide Company and the said Thomas Goffe to be Deputy Governor of the saide Company and the said Sir Richard Saltonstall Isaack Johnson, Samuell Aldersey John Ven John Humpfrey John Endecott Simon Whet- combe Increase Nowell Richard Perry Nathaniell Wright Samuell Vassall Theophilus Eaton Thomas Adams Thomas Hutchins John Browne George Foxcrofte William Vas- sall and William Pincheon to be the present assistants of the saide Company to con- tinue in the saide severall offices respectivelie for such tyme and in such manner as in and by these presents is hereafter declared and appointed, And further we will and by
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INTRODUCTORY CHAPTER.
these presents for us our heires and successors doe ordayne and graunt, That the Gov- ernor of the said Company for the tyme being or in his absence by occasion of sickness or otherwise the Deputie Governor for the tyme being shall have authoritie from tyme to tyme and upon all occasions to give orders 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 for the tyme being shall or maie once every moneth or oftener at their pleasure assemble and honlde and keep a Courte or As- semblie of themselves for the better ordering and directing of their affaires, And that any seaven or more persons of the Assistants together with the Governor or Deputie Governor soe assembled shalbe saide taken held and reputed to be and shalbe a full and sufficient Courte or Assemblie of the saide Company for the handling ordering and dis- patching of all such buysinesses and occurants as shall from tyme to tyme happen touch- ing or concerning the said Company or plantacon and that there shall or maie be held and kept by the Governor or Deputie Governor 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 solembe Assemblie which four Generall Assemblies shalbe stiled and called the Foure Greate and Generall Courts of the saide Company : In all and every or any of which said Greate and Generall Courts soe assembled wee doe for us our heires and successors give and graunte 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 freemen of the saide Company as shalbe present or the greater number of them soe assembled whereof the Governor or Deputie Governor and six of the Assistants at the least to be seaven shall have full power and authoritie to choose nome- nate and appointe such and soe many others as they shall thinke fitt, and that shall be willing to accept the same to be free of the said Company and Body and them into the same to admitt and to elect and constitute such officers as they shall think fitt and requisite for the ordering managing and dispatching of the affaires of the saide Gov- ernor and Company and their successors, And to make lawes and ordinances for the good and welfare of the saide Company, and for the government and ordering of the said landes and plantacon and the people inhabiting and to inhabite the same as to them from tyme to tyme shalbe thought meet, soe as such laws and ordinances be not con- trarie or repugnant to the lawes and statuts of this our realme of England; And our will and pleasure is And we do hereby for us our heires and successors establish and ordeyne that yearely once in the yeare for ever hereafter namely : the last Wednesday in Eas- ter 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 ensueing 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 these pres- ents appointed or such as shall hereafter be newly chosen into their roomes or any of them or any other of the officers to be appointed for the said Company to dye or be re- moved from his or their severall offices or places before the saide generall day of elecon (whome we doe hereby declare for any misdemeanor or defect to be removeable by the
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HISTORY OF THE BENCH AND BAR.
Governor or Deputie Governor Assistants and Company or such greater parte of them in any of the publique Courts to be assembled as aforesaid) That then and in every such case it shall and maie be lawfull to and for the Governor Deputy Governor Assistants and Company aforesaide or such greater parte of them soe to be assembled as is afore- said 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 officers soe dyeing or re- moved according to their discrecons, And ymediately upon and after such eleccon and eleccons made of such Governor Deputy Governor Assistant or Assistants or any other officers of the saide Company in manner and forme aforesaid the authoritie office and power aforesaid given to the former Governor Deputy Governor or other officer or officers soe removed in whose steade and place newe shalbe soe chosen shall as to him and them and everie of them 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 Gov- ernor Deputy Governor and Assistants of the said Company as them that shall succeed them, and all other officers to be appointed and chosen as aforesaid-shall before they undertake the execucon of their saide offices and places respectivelie take their corporall oathes for the due and faithfull performance of their duties in their severall offices and places before such person or persons as are by these presents hereunder appointed to take and receive the same: That is to saie the said Mathewe Cradock-who is hereby nom- enated and appointed the present Governor of the said Company -- shall take the saide oathes before one or more of the Masters of our Courts of Chauncery for the tyme be- ing, unto which Master or Masters of the Chauncery Wee doe by these 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 these presents nominated and appointed shall take the said severall oathes to their offices and places respectivelie belonging before the said Mathewe Cradock the present Governor soe formerlie sworne as aforesaide. And every such person as shalbe at the tyme of the annuall eleccon or otherwise upon death or re- movall be appointed to be the newe Governor of the said Company shall take the oathes to that place belonging before the Deputy Governor or two of the Assistants of the said Company at the least for the tyme being, And the newe elected Deputy Governor and Assistants and all other officers to be hereafter chosen as aforesaide, from tyme to tyme to take the oathes to their places respectively belonging before the Governor of the said Company for the tyme being, Unto which said Governor Deputy Governor and Assistants Wee doe by these presents give full power and authoritie to give and administer the said oathes respectively according to any true meaning herein before de- clared without any omission or further warrant to be had and obteyned of us our heires or successors in that behalf, And wee doe further of our especiall grace certen knowl- edge and meere mocon for us our heires and successors give and graunt the said Gov- ernor and Company and their successors forever by these presents That it shalbe law- full and free from them and their assigns at all and every tyme and tymes hereafter out of any our realmes or domynions whatsoever to take leade cary and transport for and into their voyages and from and towards the said plantacon in New England all such and soe many of our loving subjects or any other strangers that will becom
19
INTRODUCTORY CHAFTER.
our loveing subjects and live under our allegiance as shall willinghe accompanie them in the same voyages and plantacon, and also shipping armour weapons orde- nance municon powder shott corne victualls and all manner of clothing implements furniture beastes cattle horses mares merchandizes and all other thinges necessarie for the saide plantacon and for their use and defence, and for trade with the people there and in passing and returning to and fro, any law or statute to the conrtarie hereof in any wise notwithstanding and without payeing or yeild- ing any custome, on subsedie either inward or outward to as our heires or successors for the same by the space of seaven yeares from the day of the date of these presents, Provided that none of the saide persons be such as shalbe hereafter by especiall name restrayned by us our heires and successors, And for their further encourage- ment of our especiall grace and favor wee doe by these presents for us our heires and successors yield and graunt to the saide Governor and Company and their successors and every of them their factors and assignes, That they and every of them shalbe free and quitt from all taxes subsidies and customes in Newe England for the like space of seven yeares and from all taxes and imposicons for the space of twenty and one yeares upon all goodes and merchandises at any tyme or tymes hereafter, either upon importacon thither or exportacon from thence into our realm of England or into any other our domynions by the saide Governor and Company and their successors their deputies factors and assignes or any of them except only the five pounds per centum due for custome upon all such goodes and merchandises as after the saide seven yeares shalbe expired shalbe brought or imported into our realme of England or any of our do- mynions according to the ancient trade of merchants which five pounds per centum onlie being paide it shall be thenceforth lawful and free for the said adventurers the same goods and merchandises to export and carry out of our said domynions into forrane parts without any custome, tax or other duties to be paid to us our heires 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 moneths after their first landing within any parte of the saide domynions, And wee doe for us our heires and successors give and graunte unto the saide Governor and Company and their successors That whensoever or soe often as any custome or subsidie shall growe due or payeable unto us our heires or successors according to the lymittacon and appointment aforesaide by reason of any goodes wares or merchandises to be shipped out or any returne to be made of any goodes, wares or merchandises unto or from the said portes of Newe England hereby menconed to be graunted as aforesaide or any the lands or territoreries afore- saide, That then and soe 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 said 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 said Governor and Company and their successors and to all and everie person and per- sons free of that Company as aforesaide six monethes tyme for the payment of the one half of all such custome and subsidy as shalbe due and payeable unto us our heires and successors for the same. For which these our letters patents or the duplicate in the enrollment thereof shalbe unto our saide officers a sufficient warrant and discharge.
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HISTORY OF THE BENCH AND BAR.
Nevertheless our will and pleasure is That if any of the saide goods wares and mer- chandise which be or shalbe at any tyme hereafter landed or exported out of any of our realmes aforesaide and shalbe shipped with a purpose not to be carried to the portes of Newe England aforesaide but to some other place, That then such payment duty custom imposicon or forfyture shalbe paid or belonge to us our heires and successors for the said goodes wares and merchandises soe fraudulently sought to be transported as yf this our graunte had not been made nor graunted. And Wee doe further will And by these presents our heires and successors firmely enjoine and comaunde as well the Treasurer Chauncellor and Barons of the Exchequer of us our heires and successors, as also all and singular the customers farmers and collectors of the customes subsidies and imports and the other officers and ministers of us our heires and successors what- soever for the tyme being, That they and every of them upon the showing forth unto them of these letters patents or the duplicate or exemplificacon of the same without any other writt or warrant whatsoever from us our heires or successors to be obteyned on said faith doe and shall make full whole entire and due allow- ance and cleare discharge unto the saide Governor and Company and their suc- cessors of all customes subsidies imposicons taxes and duties whatsoever that shall or maie be clayined by us our heires and successors of or from the said Governor and Company and their successors for or by reason of the said goodes chattells wares mer- chandises and premises to be exported out of our saide domynions or any of them into any parte of the saide landes or premises hereby menconed to be given graunted and conferred on for or by reason of any of the saide goodes chattells wares or merchan- dises to be imported from the saide landes and premises hereby menconed to be given graunted or conferred into any of our saide domynions or any parte thereof as aforesaide excepting onlie the saide five poundes per centum hereby reserved and payeable after the expiracon of the saide terme of seaven yeares as aforesaide and not before. And these our letters patents or the enrollment duplicate or exemplificacon of the same shalbe forever hereafter from tyme to tyme as well to the Treasurer Chancellor and Barons of the Exchequer of us our heires and successors as to all and singular the cus- tomers farmers and collectors of the customes subsidies and imports of us our heires and successors and all searchers and others the officers and ministers whatsoever of us our heires and successors for the tyme being a sufficient warrant and discharge in this be- half. And further our will and pleasure is, and wee doe hereby for us our heires and successors ordayne declare and graunt to the saide Governor and Company and their successors That all and every of the subjects of us our heires or successors which shall goe to and inhabite within the saide landes and premises hereby menconed to be graunted and every of their children which shall happen to be born 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 domynions of us our heires or successors to all intents construccons and purposes whatsoever as if they and every of them were born within the realme of England. And that the Governor and Deputy Governor of the saide Company for the tyme being or either of them and any two or more of such of the saide assistants as shalbe thereunto appointed by the said Governor and Company at any of their courts or assemblies to be held as aforesaide shall and maie at all tymes
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INTRODUCTORY CHAPTER.
and from tyme to tyme hereafter have full power and 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 menconed to be graunted to inhabite the same. And wee doe of our further grace certen knowledge and mere mocon give and graunt to the saide Governor and Company and their successors That it shall and maie be lawfull to and for the Governor and Deputy Governor and such of the Assistants and Freemen of the saide Company for the tyme being as shalbe assembled in any of theire General Courts aforesaid or in any other Courts to be specially sumoned and assembled for that purpose or the greater parte of them (whereof the Governor or Deputy Governor and six of the Assistants to be alwaies seaven) from tyme to tyme to make ordaine and es- tablish all manner of wholesome and reasonable orders lawes statutes and ordenances di- reccons and instruccons not contrarie to the laws of this our realme of England as well for setling of the formes and ceremonies of government and magistracy fitt and necessary 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 needfull for that government and plantacon and the distinguishing and setting forth of the severall duties powers and lymitts of evry such office and place and the formes of such oathes warrantable by the lawes and statutes of this our realme of England as shalbe respectivelie ministered unto them for the execucon of the saide severall offices and places as also for the disposeing and ordering of the eleccons of such of the said officers as shalbe annuall and of such others as shalbe to succede in case of death or removeall and ministering the saide oathes to the newe elected officers and for imposicons of lawfull fynes, mulcts imprisonment or other lawfull correccon according to the course of other corporacons in this our realme of England and for the directing ruleing and disposeing of all other matters and thinges whereby our saide people inhabitants there maie be so religiously peaceablie and civelly governed as their good life and orderlie conversacon maie wynn and incite the natives of the country to the knowledge and obedience of the onlie true God and Saviour of mankinde and the Christian fayth which in our royal intencion and the adventurers free profession is the peacefull ende of this plantacon. Willing commaunding and require- ing and by these presents for us our heires or successors ordayning and appointing That all such orders lawes statutes and ordinances instruccons and direccons as shalbe soe made by the Governor and Deputie Governor of the saide Company and such of the As- sistants and Freemen as aforesaide and published in writeing under their comon seale shalbe carefullie and dulie observed kept pformed and putt in execucon according to the true intent and meaning of the same, And these our letters patents or the duplicate or exemplificacion thereof shalbe to all and every such officer superior and inferior from tyme to tyme for the putting of the same orders lawes statutes and ordinances instruc- cons and direccons in due execucon against us our heires and successors a sufficient war- rant and discharge. And wee doe further for us our heires and successors give and graunt to the saide Governor and Company and their successors by these presents That all and everie such chiefe comaunders captaines governors and other officers and ministers as by the saide orders lawes statutes ordinances instruccons or direccons of the said Governor and Company for the tyme being shalbe from tyme to tyme hereafter
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HISTORY OF THE BENCH AND BAR.
ymployed either in the government of the said inhabitants and plantacon or on the waye by sea thither or from thence according to the natures and lymitts of their offices and places respectivelie shall from tyme to tyme hereafter forever within the precincts and partes of Newe England hereby menconed to be graunted and confermed or on the waie by sea thither or from thence have full and absolute power and authoritie to correct punishe pardon governe and rule all such the subjects of us our heires and successors as shall from tyme to tyme adventur themselves in any voyage thither or from thence or that shall at any tyme hereafter inhabite within the precincts and partes of Newe Eng- land aforesaid according to the orders lawes ordinances instruccons and direccons afore- said not being repugnant to the lawes and statutes of our realme of England as aforesaid, And wee doe further for us our heires and successors give and graunte to the said Gov- ernor and Company and their successors by these presents, That it shall and maie be lawfull to and for the chiefe comaunders governors and officers of said Company for the time being who shalbe resident in the saide parte of Newe England in America by these presents graunted and others there inhabiting by their appointment and direccon from tyme to tyme and at all tymes hereafter for their speciall defence and safety to in- counter expulse repell and resist by force of armes as well by sea as by lande and by all fitting waies and means whatsoever all such person and persons as shall at any tyme here- after attempt or enterprise the destruccon invasion detriment or annoyaunce to the said plantacon or inhabitants; and to take and surprise by all waies and meanes whatsoever all and every such person and persons with their shipps armour municon and other goodes as shall in hostile manner invade or attempt the defeating of the said plantacon or the hurt of the said company and inhabitants. Nevertheles our will and pleasure is and wee doe hereby declare to all Christian Kinges Princes and states that yf any person or per- sons which shall hereafter be of the said company or plantacon or any other by lycense or appointment of the said Governor and Company for the tyme being shall at any tyme or tymes hereafter robb or spoyle by sea or by land or doe any hurt violence or unlawfull hostility to any of the subjects of us our heires or successors or any of the subjects of any Prince or State being then in league and amy tie with us our heires and successors and that upon such injury don and upon just complaint of such Prince or State or their sub- jects, Wee our heires or successors shall make upon proclamacon within any of the partes within our realme of England comodious for that purpose, That the person or persons haveing comitted any such roberie or spoyle shall within the terme lymytted by such a proclamacon make full restitucon or satisfacon of all such injuries don soe as the said Princes or others soe complayning maie hould themselves fullie satisfied and contented. And that yf the said person or persons haveing cometted such rob- berie or spoyle shall not make or cause to be made satisfacon accordinglie within such tyme so to be lymytted, That then it shall be lawfull for us our heires and successors to put the said pson or psons out of our allegeance and protecon : And that it shalbe lawfull and free for all Princes to prosecute with hostilitie the said offenders and every of them, Their and every of their procurers ayders abettors and comforters in that behalf. Provided also and our express will and pleasure is and wee doe by these presents for us our heires and successors ordayne and appoint That these presents shall not in any manner inure or be taken to abridge barr or hinder any of our loveing sub-
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