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  • Edward Randolph condemns the Massachussetts Bay Company

    Edward Randolph condemns the Massachussetts Bay Company 12 June 1683 Articles of high misdemeanour exhibited against the Governor and Company of Massachusetts by Edward Randolph. They execute the powers in their charter otherwise than as directed, and exceed them. They have made laws repugnant to the laws of England, and have not repealed those objected to by Sir William Jones and Sir Francis Winnington as they promised. They continue to raise money from non-freemen, contrary to the opinion of Sir Robert Sawyer. They continue to exact an oath of fidelity to themselves, notwithstanding the King's orders to the contrary, and make such oath essential to the tenure of office and even freedom of the Company. They have refused to the King's subjects the benefit of juries in trial of civil causes, and denied to such as were not of their persuasion copies of records to enable them to appeal to the King. They have obstructed the execution of the Acts of Trade and Navigation, and refused to recognise many of them. They award executions against the King's officers in causes under appeal to the King, obstruct his officers in the discharge of their duty, refuse appeals to the King, and set up their own naval office in opposition to his. They have made in October i68o an arbitrary order compelling the King's officers to deposit security in Court for a special Court, contrary to law and royal order, and have refused to repay such deposits when ordered by the King. They impose customs on goods imported from England, though this was judged by Sir Robert Sawyer to be illegal. They have found against the King in all causes for seizure of ships in the face of clear evidence. They opposed the King's Commissioners in 1664, notwithstanding their protestations of loyalty, prociaimed the General Court the supreme judicature of the Colony, received Goffe and Wha1ley, the regicides, with honour, and protected them. They have not administered the oath of allegiance to the King to the inhabitants, though required by law and by their charter. They have invaded the rights of the Duke of York, Lord High Admiral, by erecting an Admiralty Court of their own. They discountenance and discourage members of the Church of England, forcing them under penalties to attend their meetings, and accounting all others unlawful assemblies. They coin money, which their own Agent admitted to be a high crime, and, though pretending to beg the King's pardon for it, persisted therein. They have committed divers other high crimes in contempt of the King and to the oppression of his subjects. Whereupon their Lordships, finding the Agents not duly impowred by their Commission to consent to such regulation of their Government as shall bee thought fit according to His Majesty's directions, Doe agree to Report that Mr. Attorney bee Ordered to bring a Quo Warranto against the Privileges of their Charter, And that such Papers and Evidencies as shall bee needful in this Case bee sent to Mr. Attorney for his better information therein. Source: http://www.let.rug.nl/usa/documents/1651-1700/edward-randolph-condemns-the-massachussetts-bay-company-12-june-1683.php

  • Frame of Government of Pennsylvania

    Frame of Government of Pennsylvania February 2, 1683 The Frame of the Government of the Province of Pennsylvania and, Territories thereunto annexed, in America. To all persons, to whom these presents may come. Whereas king Charles the Second, by his letters patents, under the great seal of England, bearing date the fourth day of March in the thirty and third year of the lying, for divers considerations therein mentioned, hath been graciously pleased to give and grant unto me William Penn (by the name of William Penn, Esquire, son and heir of Sir William Penn, deceased) and to my heirs and assigns for ever, all that tract of land or province called Pennsylvania, in America, with divers great powers, preheminencies, royalties, jurisdictions and authorities, necessary for the well-being and government thereof. And whereas, the king's dearest brother James, duke of York and Albany,&c., by his deeds of feoffment, under his hand and seal, duly perfected, bearing date the four and twentieth day of August, one thousand six hundred eighty and two, did grant Unto me, my heirs and assigns, all that tract of land, lying and being from twelve miles northward of Newcastle, upon Delaware river, in America, to Cape Hinlopen, upon the said river and bay of Delaware southward, together with all royalties, franchises, duties, jurisdictions, liberties and privileges hereunto belonging. Now know ye, That for the well-being and good government of the said province and territories hereunto annexed, and for the encouragement of all the freemen and planters, that may be therein concerned, in pursuance of the rights and powers aforementioned, I, the said William Penn, have declared, granted, and confirmed, and by these presents, for me, my heirs and assigns, do declare, grant and confirm unto all the freemen, planters and adventurers of, in and to the said province and territories thereof, these liberties, franchises and properties, so far as in me lieth, to be held, enjoyed and kept by the freemen, planters and adventurers of and in the said province of Pennsylvania, and territories thereunto annexed, for ever. Imprimis, That the government of this province and territories thereof, shall, from time to time, according to the powers of the patent and deeds of feoffment aforesaid, consist of the Proprietary and Governor, and freemen of the said province and territories thereof, in form of provincial Council and General Assembly; which provincial Council shall consist of eighteen persons, being three out of each county, and which Assembly shall consist of thirty-six persons, being six out of each county, men of most note for their virtue, wisdom and ability; by whom all laws shall be made, officers chosen, and public affairs transacted, as is hereafter limited and declared. II. There being three persons already chosen for every respective county of this province and territories thereof, to serve in the provincial Council, one of them for three years; one for two years, and one for one year; and one of them to go off yearly, in every county; that on the tenth day of the first month yearly, for ever after, the freemen of the said province and territories thereof, shall meet together, in the most convenient place, in every county of this province and territories thereof, then and there to chuse one person, qualified as aforesaid, in every county, being one-third of the number to serve in provincial Council, for three years; it being intended, that one-third of the whole provincial Council, consisting and to consist of eighteen persons, falling off yearly, it shall be yearly supplied with such yearly elections, as aforesaid; and that one person shall not continue in longer than three years; and in case any member shall decease before the last election, during his time, that then, at the next election ensuing his decease, another shall be chosen to supply his place for the remaining time he was to have served, and no longer. III. That, after the first seven years, every one of the said third parts, that goeth yearly off, shall be incapable of being chosen again for one whole year following, that so all that are capable and qualified, as aforesaid, may be fitted for government, and have a share of the care and burden of it. IV. That the provincial Council in all cases and matters of moment, as their arguing upon bills to be passed into laws, or proceedings about erecting of courts of justice, sitting in judgment upon criminals impeached, and choice of officers, in such manner as is herein after expressed, not less than two-thirds of the whole shall make a quorum; and that the consent and approbation of two-thirds of that quorum shall be had in all such cases, or matters, of moment: and that, in all cases and matters of lesser moment, one-third of the whole shall make a quorum, the majority of which shall and may always determine in such cases and causes of lesser moment. V. That the Governor and provincial Council shall have the power of preparing and proposing to the Assembly, hereafter mentioned, all bills, which they shall see needful, and that shall, at any time, be past into laws, within the said province and territories thereof, which bills shall be published and affixed to the most noted places, in every county of this province and territories thereof, twenty days before the meeting of the Assembly, in order to passing them into laws. VI. That the Governor and provincial Council shall take care that all laws, statutes and ordinances, which shall, at any time, be made within the said province and territories, be duly and diligently executed. VII. That the Governor and provincial Council shall, at all times, have the care of the peace and safety of this province and territories thereof; and that nothing be, by any person, attempted, to the subversion of this frame of government. VIII. That the Governor and provincial Council shall, at all times, settle and order the situation of all cities, and market towns, in every county, modelling therein all public buildings, streets and market places; and shall appoint all necessary roads and highways, in this province and territories thereof. IX. That the Governor and provincial Council shall, at all times, have power to inspect the management of the public treasury, and punish those who shall convert any part thereof to any other use, than what hath been agreed upon by the Governor, provincial Council and Assembly. X. That the Governor and provincial Council shall erect and order all public schools, and encourage and reward the authors of useful sciences and laudable inventions in the said province and territories thereof. XI. That one-third part of the provincial Council, residing with the Governor, from time to time, shall with the Governor have the care of the management of public affairs, relating to the peace, justice, treasury and improvement of the province and territories, and to the good education of youth, and sobriety of the manners of the inhabitants therein, as aforesaid. XII. That the Governor, or his Deputy, shall always preside in the provincial Council, and that he shall,; at no time, therein perform any public act of state whatsoever, that shall, or may, relate unto the justice, trade, treasury, or safety of the province and territories as aforesaid, but by and with the advice and consent of the provincial Council thereof. XIII. And to the end that all bills prepared and agreed by the Governor and provincial Council, as aforesaid may yet have the more full concurrence of the freemen of the province and territories thereof, it is declared, granted and confirmed, that, at the time and place in every county for the choice of one person to serve in provincial Council, as aforesaid, the respective Members thereof, at their said meeting, shall yearly chuse out of themselves six persons of most note, for virtue, wisdom and ability, to serve in Assembly, as their representatives, who shall yearly meet on the tenth day of the third month, in the capital town or city of the said province, unless the Governor and provincial Council shall think fit to appoint another place to meet in, where, during eight days, the several Members may confer freely with one another; and if any of them see meet, with a committee of the provincial Council, which shall be, at that time, purposely appointed, to receive from any of them proposals for the alterations, or amendments, of any of the said proposed and promulgated bills; and on the ninth day from their so meeting, the said Assembly, after their reading over the proposed bills, by the Clerk of the provincial Council, and the occasions and motives for them being opened by the Governor or his Deputy, shall, upon the question by him put, give their affirmative or negative, which to them seemeth best, in such manner as is hereafter expressed: but not less than two-thirds shall make a quorum in the passing of all bills into laws, and choice of such officers as are by them to be chosen. XIV. That the-laws so prepared and proposed, as aforesaid, that are assented to by the Assembly, shall be enrolled as laws of this province and territories thereof, with this stile: By the Governor, with the assent and approbation of the freemen in provincial Council and Assembly met, and from henceforth the meetings, sessions, acts, and proceedings of the Governor, provincial Council and Assembly, shall be stiled and called, The meeting, sessions and proceedings of the General Assembly of the province of Pennsylvania, and the territories thereunto belonging. XV. And that the representatives of the people in provincial Council and Assembly, may, in after ages, bear some proportion with the increase and multiplying of the people, the number of such representatives of the people may be, from time to time, increased and enlarged, so as at no time, the number exceeds seventy-two for the provincial Council, and two hundred for the Assembly; the appointment and proportion of which number, as also the laying and methodizing of the choice of such representatives in future time, most equally to the division of the country, or number of the inhabitants, is left to the Governor and provincial Council to propose, and the Assembly to resolve, so that the order of proportion be strictly observed, both in the choice of the Council and the respective committees thereof, viz.: one third to go off, and come in yearly. XVI. That from and after the death of this present Governor, the provincial Council shall, together with the succeeding Governor, erect, from time to time, standing courts of justice, in such places and number as they shall judge convenient for the good government of the said province and territories thereof; and that the provincial Council shall, on the thirteenth day of the second month then next' ensuing, elect and present to the Governor, or his Deputy, a double number of persons, to serve for Judges, Treasurers, and Masters of the Rolls, within the said province and territories, to continue so long as they shall well behave themselves, in those capacities respectively; and the freemen of the said province, in an Assembly met on the thirteenth day of the third month, yearly, shall elect and then present to the Governor, or his Deputy, a double number of persons to serve for Sheriffs, Justices of the Peace, and Coroners, for the year next ensuing; out of which respective elections and presentments, the Governor, or his Deputy, shall nominate and commissionate the proper number for each office, the third day after the said respective presentments; or else the first named in such presentment, for each office, as aforesaid. shall stand and serve in that office, the time before respectively limited; and in case of death or default, such vacancy shall be supplied by the Governor and provincial Council in manner aforesaid. XVII. That the Assembly shall continue so long as may be needful to impeach criminals, fit to be there impeached, to pass such bills into laws as are proposed to them, which they shall think fit to pass into laws, and till such time as the Governor and provincial Council shall declare, that they have nothing further to propose unto them, for their assent and approbation, and that declaration shall be a dismiss to the assembly, for that time; which Assembly shall be, notwithstanding, capable of assembling together, upon the summons of the Governor and provincial Council, at any time, during that year, if the Governor and provincial Council shall see occasion for their so assembling. XVIII. That all the elections of members, of representatives of the people to serve in provincial Council and Assembly, and all questions to be determined by both or either of them, that relate to choice of officers, and all, or any other personal matters, shall be resolved or determined by the ballot, and all things relating to the preparing and passing of bills into laws, shall be openly declared and resolved by the vote. XIX. That, at all times, when the Proprietary and Governor shall happen to be an infant, and under the age of one and twenty years, and no guardians or commissioners are appointed in writing, by the father of the said infant, or that such guardian shall be deceased, that during such minority, the provincial Council shall, from time to time, as they shall see meet, constitute and appoint guardians and commissioners, not exceeding three, one of which shall preside as deputy, and chief guardian, during such minority, and shall have and execute, with the consent of one of the other two, all the power of a Governor, in all public affairs and concerns of the said province and territories thereof, according to charter; which said guardian so appointed, shall also have the care and oversight of the estate of the said minor, and be yearly accountable and responsible for the same to the provincial Council, and the provincial Council to the minor, when of age, or to the next heir, in case of the minor's death, for the trust before expressed. XX. That as often as any days of the month mentioned in any article of this charter, shall fall upon the first day of the week, commonly called the Lord's day, the business appointed for that day, shall be deferred until the next day, unless in cases of emergency. XXI. And, for the satisfaction and encouragement of all aliens, I do give and grant, that, if any alien, who is, or shall be a purchaser, or who doth, or shall, inhabit in this province or territories thereof, shall decease at any time before he can well be naturalized, his right and interest therein shall notwithstanding descend to his wife and children, or other his relations, be he testate, or intestate, according to the laws of this province or territories thereof, in such cases provided, in as free and ample manner, to all intents and purposes, as if the said alien had been naturalized. XXII. And that the inhabitants of this province and territories thereof may be accommodated with such food and sustenance, as God, in His providence, hath freely afforded, I do also further grant to the inhabitants of this province and territories thereof, liberty to fowl arid hunt upon the lands they hold, and all other lands therein not inclosed; and to fish, in all waters in the said lands, and in all rivers and rivulets in, and belonging to, this province and territories thereof, with liberty to draw his or their fish on shore on any man's lands, so as it be not to the detriment, or annoyance of the owner thereof, except such lands as do lie upon inland rivulets that are not bootable, or which are, or may be hereafter erected into manors. XXIII. And that all the inhabitants of this province and territories thereof, whether purchasers or others, may have the last worldly pledge of my good and kind intentions to them and theirs, I do give, grant and confirm to all and every one of them, full and quiet possession of their respective lands, to which they have any lawful or equitable claim, saving only such rents and services for the same, as are, or customarily ought to be, reserved to me, my heirs or assigns. XXIV. That no act, law, or ordinance whatsoever, shall, at any time hereafter, be made or done by the Proprietary and Governor of this province, and territories "hereunto belonging, his heirs or assigns, or by the freemen in provincial Council or Assembly, to alter, change or diminish the form or effect of this charter, or any part or clause thereof, contrary to the true intent and meaning thereof, without the consent of the Proprietary and Governor, his heirs or assigns, and six parts of seven of the said freemen in provincial Council and Assembly met. XXV. And lastly, I, the said William Penn, Proprietary and Governor of the province of Pennsylvania, and territories thereunto belonging, for me, my heirs and assigns, have solemnly declared, granted and confirmed, and do hereby solmnly declare, grant and confirm, that neither I, my heirs nor assigns, shall procure, or do, any thing or things, whereby the liberties, in this charter contained and expressed, shall be infringed or broken: and if any thing be procured, by any person or persons, contrary to these premises, it shall be held of no force or effect. In witness whereof, I, the said William Penn, at Philadelphia, in Pennsylvania, have unto this present charter of liberties set my hand and broad seal, this second day of the second month, in the year of our Lord one thousand six hundred and eighty and three, being the five and thirtieth year of the king, and the third year of my government. William Penn. This within charter, which we have distinctly heard read and thankfully received, shall be by us inviolably kept, at Philadelphia, the second day of the second month, one thousand six hundred eighty and three. The members of the provincial Council present. William Markham, John Moll, William Haige, Christopher Taylor, John Simcock, William Clayton, Francis Whittwel, Thomas Holme William Clark, William Biles, James Harrison, John Richardson, Philip Thomas Lenman, Secr. Gov. Richard Ingelo, Cl. Coun. The Members of the Assembly present: Casparus Harman, John Darby, Benjamin Williams, William Guest, Valentine Hollingsworth James Boyden, Bennony Bishop, John Beazor, John Harding, Andrews Bringston, Simon Irons, John Wood, John Curtis, Daniel Brown, William Futcher, John Kipshaven, Alexander Molestine, Robert Bracy, senior, Thomas Bracy, William Yardly, John Hastings, Robert Wade Thomas Hassald, John Hart, Robert Hall, Robert Bedwell, William Simsmore, Samuel Darke, Robert Lucas, James Williams, John Blunston, John Songhurst, John Hill, Nicholas Waln, Thomas Fitzwater, John Clows, Luke Watson, Joseph Phipps, Dennis Rotchford, John Brinklair, Henry Bowman, Cornelius Verhoofe, John Southworth, Cl. Synod. Some of the inhabitants of Philadelphia present: William Howell, Edmund Warner, Henry Lewis, Samuel Miles. Source: https://avalon.law.yale.edu/17th_century/pa05.asp

  • Concessions to the Province of Pennsylvania

    Concessions to the Province of Pennsylvania July 11, 1681 Certain conditions, or concessions, agreed upon by William Penn, Proprietary and Governor of the province of Pennsylvania, find those who are the adventurers and purchasers in the same province, the eleventh of July, one thousand six hundred and eighty-one. FIRST That so soon as it pleaseth God that the abovesaid persons arrive there, a certain quantity of land, or ground plat, shall be laid out, for a large town or city, in the most convenient place, upon the river, for health and navigation; and every purchaser and adventurer shall, by lot, have so much land therein as will answer to the proportion, which he hath bought, or taken up, upon rent: but it is to be noted, that the surveyors shall consider what roads or high-ways will be necessary to the cities, towns, or through the lands. Great roads from city to city not to contain less than forty foot, in breadth, shall be first laid out and declared to be for high-ways, before the dividend of acres be laid out for the purchaser, and the like observation to be had for the streets in the towns and cities, that there may be convenient roads and streets preserved, not to be encroached upon by any planter or builder, that none may build irregularly to the damage of another. In this, custom governs. II. That the land in the town be laid out together after the proportion of ten thousand acres of the whole country, that is, two hundred acres, if the place will bear it: however, that the proportion be by lot, and entire, so as those that desire to be together, especially those that are, by the catalogue, laid together, may be so laid together both in the town and country. III. That, when the country lots are laid out, every purchaser, from one thousand, to ten thousand acres, or more, not to have above one thousand acres together, unless in three years they plant a family upon every thousand acres; but that all such as purchase together, lie together; and, if as many as comply with this condition, that the whole be laid out together. IV. That, where any number of purchasers, more or less, whose number of acres amounts to five or ten thousand acres, desire to sit together in a lot, or township, they shall have their lot, or township, cast together, in such places as have convenient harbours, or navigable rivers attending it, if such can be found; and in case any one or more purchasers plant not according to agreement, in this concession, to the prejudice of others of the same township, upon complaint thereof made to the Governor, or his Deputy, with assistance, they may award (if they see cause) that the complaining purchaser may, paying the survey money. and purchase money, and interest thereof, be entitled, enrolled and lawfully invested, in the lands so not seated. V. That the proportion of lands, that shall be laid out in the first great town, or city, for every purchaser, shall be after the proportion of ten acres for every five hundred acres purchased, if the place will allow it. VI. That notwithstanding there be no mention made, in the several deeds made to the purchasers; yet the said William Penn does accord and declare, that all rivers, rivulets, woods, and underwoods, waters, watercourses, quarries, mines, and minerals, (except mines royal) shall be freely and fully enjoyed, and wholly by the purchasers, into whose lot they fall. VII. That, for every fifty acres, that shall be allotted to a servant, at the end of his service, his quit-rent shall be two shillings per annum, and the master, or owner of the servant, when he shall take up the other fifty acres, his quit-rent, shall be four shillings by the year, or, if the master of the servant (by reason in the indentures he is so obliged to do) allot out to the servant fifty acres in his own division, the said master shall have, on demand, allotted him, from the governor, the one hundred acres, at the chief rent of six shillings per annum. VIII. And, for the encouragement of such as are ingenious and willing to search out gold and silver mines in this province, it is hereby agreed, that they have liberty to bore and dig in any man's property, fully paying the damages done; and in case a discovery should be made, that the discoverer have one-fifth, the owner of the soil (if not the discoverer) a tenth part, the Governor two-fifths, and the rest to the public treasury, saving to the king the share reserved by patent. IX. In every hundred thousand acres, the Governor and Proprietary, by lot, reserveth ten to himself, what shall lie but in one place. X. That every man shall be bound to plant, or man, so much of his share of land as shall be set out and surveyed, within three years after it is so set out and surveyed, or else it shall be lawful for new comers to be settled thereupon, paying to them their survey money, and they go up higher for their shares. XI. There shall be no buying and selling, be it with an Indian, or one among another, of any goods to be exported, but what shall be performed in public market, when such places shall be set apart, or erected, where they shall pass the public stamp, or mark. If bad ware, and prized as good, or deceitful in proportion or weight, to forfeit the value, as if good and full weight and proportion, to the public treasury of this province, whether it be the merchandise of the Indian, or that of the planters. XII. And forasmuch, as it is usual with the planters to over-reach the poor natives of the country, in trade, by goods not being good of the kind, or debased with mixtures, with which they are sensibly aggrieved, it is agreed, whatever is sold to the Indians, in consideration of their furs, shall be sold in the market place, and there suffer the test, whether good or bad; if good, to pass; if not good, not to be sold for good, that the natives may not be abused, nor provoked. XIII. That no man shall, by any ways or means, in word, or deed, affront, or wrong any Indian, but he shall incur the same penalty of the law, as if he had committed it against his fellow planter, and if any Indian shall abuse, in word, or deed, any planter of this province, that he shall not be his own judge upon the Indian, but he shall make his complaint to the governor of the province, or his lieutenant, or deputy, or some inferior magistrate near him, who shall, to the utmost of his power, take care with the king of the said Indian, that all reasonable satisfaction be made to the said injured planter. XIV. That all differences, between the planters and the natives, shall also be ended by twelve men, that is, by six planters and six natives; that so we may live friendly together as much as in us lieth, preventing all occasions of heart-burnings and mischief. XV. That the Indians shall have liberty to do all things relating to improvement of their ground, and providing sustenance for their families, that any of the planters shall enjoy. XVI. That the laws, as to slanders, drunkenness, swearing, cursing, pride in apparel, trespasses, distriesses, replevins, weights, and measures, shall be the same as in England, till altered by law in this province. XVII. That all shall mark their hogs, sheep and other cattle, and what are not marked within three months after it is in their possession, be it young or old, it shall be forfeited to the governor, that so people may be compelled to avoid the occasions of much strife between planters. XVIII. That, in clearing the ground, care be taken to leave one acre of trees for every five acres cleared, especially to preserve oak and mulberries, for silk and shipping. XIX. That all ship-masters shall give an account of their countries, names, ships, owners, freights and passengers, to an officer to be appointed for that purpose, which shall be registered within two days after their arrival, and if they shall refuse so to do, that then none presume to trade with them, upon forfeiture thereof; and that such masters be looked upon as having an evil intention to the province. XX. That no person leave the province, without publication being made thereof, in the market place, three weeks before? and a certificate from some justice of the peace, of his clearness with his neighbours and those he dealt withal, so far as such an assurance can be attained and given: and if any master of a ship shall, contrary hereunto, receive and carry away any person, that hath not given that public notice, the said master shall be liable to all debts owing by the said person, so secretly transported from the province. Lastly, That these are to be added to, or corrected, by and with the consent of the parties hereunto subscribed. WILLIAM PENN. Sealed and delivered In the presence of- WILLIAM BOELHAM HARBERT SPRINGET, THOMAS PRUDYARD. Sealed and delivered in the presence of all of the proprietors, who have hereunto subscribed, except Thomas Farrinborrough and John Goodson, in presence of- HUGH CHAMBERLEN, R. MURRAY, HARBERT SPRINGET, HUMPHREY SOUTH, THOMAS BARKER, SAMUEL JOBSON, JOHN JOSEPH MOORE, WILLIAM POWEL, RICHARD DAVIE, GRIFFITH JONES, HUGH LAMBE, THOMAS FARRINBORROUGH, JOHN GOODSON. Source: https://avalon.law.yale.edu/17th_century/pa02.asp

  • Nathaniel Bacon's Declaration of Rebellion

    Bacon’s Rebellion: The Declaration (1676) by Nathaniel Bacon 1. For having, upon specious pretenses of public works, raised great unjust taxes upon the commonalty for the advancement of private favorites and other sinister ends, but no visible effects in any measure adequate; for not having, during this long time of his government, in any measure advanced this hopeful colony either by fortifications, towns, or trade. 2. For having abused and rendered contemptible the magistrates of justice by advancing to places of judicature scandalous and ignorant favorites. 3. For having wronged his Majesty’s prerogative and interest by assuming monopoly of the beaver trade and for having in it unjust gain betrayed and sold his Majesty’s country and the lives of his loyal subjects to the barbarous heathen. 4. For having protected, favored, and emboldened the Indians against his Majesty’s loyal subjects, never contriving, requiring, or appointing any due or proper means of satisfaction for their many invasions, robberies, and murders committed upon us. 5. For having, when the army of English was just upon the track of those Indians, who now in all places burn, spoil, murder and when we might with ease have destroyed them who then were in open hostility, for then having expressly countermanded and sent back our army by passing his word for the peaceable demeanor of the said Indians, who immediately prosecuted their evil intentions, committing horrid murders and robberies in all places, being protected by the said engagement and word past of him the said Sir William Berkeley, having ruined and laid desolate a great part of his Majesty’s country, and have now drawn themselves into such obscure and remote places and are by their success so emboldened and confirmed by their confederacy so strengthened that the cries of blood are in all places, and the terror and consternation of the people so great, are now become not only difficult but a very formidable enemy who might at first with ease have been destroyed. 6. And lately, when, upon the loud outcries of blood, the assembly had, with all care, raised and framed an army for the preventing of further mischief and safeguard of this his Majesty’s colony. 7. For having, with only the privacy of some few favorites without acquainting the people, only by the alteration of a figure, forged a commission, by we know not what hand, not only without but even against the consent of the people, for the raising and effecting civil war and destruction, which being happily and without bloodshed prevented; for having the second time attempted the same, thereby calling down our forces from the defense of the frontiers and most weakly exposed places. 8. For the prevention of civil mischief and ruin amongst ourselves while the barbarous enemy in all places did invade, murder, and spoil us, his Majesty’s most faithful subjects. Of this and the aforesaid articles we accuse Sir William Berkeley as guilty of each and every one of the same, and as one who has traitorously attempted, violated, and injured his Majesty’s interest here by a loss of a great part of this his colony and many of his faithful loyal subjects by him betrayed and in a barbarous and shameful manner exposed to the incursions and murder of the heathen. And we do further declare these the ensuing persons in this list to have been his wicked and pernicious councilors, confederates, aiders, and assisters against the commonalty in these our civil commotions. Sir Henry Chichley                                   William Claiburne Junior Lieut. Coll. Christopher Wormeley           Thomas Hawkins William Sherwood                                    Phillip Ludwell John Page Clerke                                     Robert Beverley John Cluffe Clerke                                    Richard Lee John West                                                Thomas Ballard Hubert Farrell                                          William Cole Thomas Reade                                         Richard Whitacre Matthew Kempe                                      Nicholas Spencer Joseph Bridger John West, Hubert Farrell, Thomas Reade, Math. Kempe And we do further demand that the said Sir William Berkeley with all the persons in this list be forthwith delivered up or surrender themselves within four days after the notice hereof, or otherwise we declare as follows. That in whatsoever place, house, or ship, any of the said persons shall reside, be hid, or protected, we declare the owners, masters, or inhabitants of the said places to be confederates and traitors to the people and the estates of them is also of all the aforesaid persons to be confiscated. And this we, the commons of Virginia, do declare, desiring a firm union amongst ourselves that we may jointly and with one accord defend ourselves against the common enemy. And let not the faults of the guilty be the reproach of the innocent, or the faults or crimes of the oppressors divide and separate us who have suffered by their oppressions. These are, therefore, in his Majesty’s name, to command you forthwith to seize the persons above mentioned as traitors to the King and country and them to bring to Middle Plantation and there to secure them until further order, and, in case of opposition, if you want any further assistance you are forthwith to demand it in the name of the people in all the counties of Virginia. Nathaniel Bacon General by Consent of the people. Source: http://historymatters.gmu.edu/d/5800/

  • Sir William Berkeley's Declaration Against Bacon

    His Declaration against the Proceedings of Nathaniel Bacon, 1676 THE DECLARATION and remonstrance of Sir William Berkeley, his most sacred Majesty’s Governor and Captain-General of Virginia, Sheweth: That about the year 1660, Col. Mathews the then Governor died, and then in consideration of the service I had done the country, in defending them from and destroying great numbers of the Indians, without the loss of three men in all the time that war lasted, and in contemplation of the equal and uncorrupt justice I had distributed to all men, not only the Assembly, but the unanimous votes of all the country concurred to make me Governor in a time when, if the rebels in England had prevailed, I had certainly died for accepting it. ’T was, Gentlemen, an unfortunate love showed to me, for, to show myself grateful for this, I was willing to accept of this government again, when by my gracious King’s favor I might have had other places much more profitable and less toilsome than this hath been. Since that time that I returned into the country, I call the great God, Judge of all things in heaven and earth, to witness, that I do not know of any thing relative to this country, wherein I have acted unjustly, corruptly, or negligently, in distributing equal justice to all men, and taking all possible care to preserve their proprieties and defend them from their barbarous enemies. But, for all this, perhaps I have erred in things I know not of. If I have, I am so conscious of human frailty and my own defects, that I will not only acknowledge them, but repent of and amend them, and not, like the rebel Bacon, persist in an error only because I have committed it; and tells me in divers of his letters that it is not for his honor to confess a fault, but I am of opinion that it is only for devils to be incorrigible, and men of principles like the worst of devils; and these he hath, if truth be reported to me of divers of his expressions of atheism, tending to take away all religion and laws. And now I will state the Question betwixt me as a Governor and Mr. Bacon, and say that if any enemies should invade England, any counsellor, justice of peace, or other inferior officer might raise what forces they could to protect his Majesty’s subjects. But I say again, if, after the King’s knowledge of this invasion, any the greatest peer of England should raise forces against the King’s prohibition, this would be now—and ever was in all ages and nations—accounted treason. Nay, I will go further,—that though this peer was truly zealous for the preservation of his King and subjects, and had better and greater abilities than all the rest of his fellow-subjects to do his King and Country service, yet if the King (though by false information) should suspect the contrary, it were treason in this noble peer to proceed after the King’s prohibition: and for the truth of this I appeal to all the laws of England, and the laws and constitutions of all other nations in the world. And yet further, it is declared by this Parliament that the taking up arms for the King and Parliament is treason; for the event showed that whatever the pretence was to seduce ignorant and well-affected people, yet the end was ruinous both to King and people,—as this will be if not prevented. I do therefore again declare that Bacon, proceeding against all laws of all nations modern and ancient, is rebel to his sacred Majesty and this country; nor will I insist upon the swearing of men to live and die together, which is treason by the very words of the law. Now, my friends, I have lived thirty-four years amongst you, as uncorrupt and diligent as ever Governor was; Bacon is a man of two years amongst you, his person and qualities unknown to most of you, and to all men else, by any virtuous action that ever I heard of. And that very action which he boasts of was sickly and foolishly, and, as I am informed, treacherously carried to the dishonor of the English nation; yet in it he lost more men than I did in three years’ war; and by the grace of God will put myself to the same dangers and troubles again when I have brought Bacon to acknowledge the laws are above him, and I doubt not but by God’s assistance to have better success than Bacon hath had. The reason of my hopes are, that I will take counsel of wiser men than myself; but Mr. Bacon hath none about him but the lowest of the people. Yet I must further enlarge, that I cannot without your help do any thing in this but die in defence of my King, his laws, and subjects, which I will cheerfully do, though alone I do it; and, considering my poor fortunes, I cannot leave my poor wife and friends a better legacy than by dying for my King and you: for his sacred Majesty will easily distinguish between Mr. Bacon’s actions and mine, and kings have long arms either to reward or punish. Now, after all this, if Mr. Bacon can show one precedent or example where such actings in any nation whatever was approved of, I will mediate with the King and you for a pardon and excuse for him; but I can show him an hundred examples where brave and great men have been put to death for gaining victories against the command of their superiors. Lastly, my most assured friends, I would have preserved those Indians that I knew were hourly at our mercy, to have been our spies and intelligence, to find out our bloody enemies; but as soon as I had the least intelligence that they also were treacherous enemies, I gave out commissions to destroy them all, as the commissions themselves will speak it. To conclude, I have done what was possible both to friend and enemy; have granted Mr. Bacon three pardons, which he hath scornfully rejected, supposing himself stronger to subvert than I and you to maintain the laws, by which only, and God’s assisting grace and mercy, all men must hope for peace and safety. I will add no more, though much more is still remaining to justify me and condemn Mr. Bacon, but to desire that this declaration may be read in every county court in the country, and that a court be presently called to do it before the Assembly meet, that your approbation or dissatisfaction of this declaration may be known to all the country, and the King’s Council, to whose most revered judgments it is submitted. Given the 29th day of May, a happy day in the 28th year of his most sacred Majesty’s reign, Charles the Second, who God grant long and prosperously to reign, and let all his good subjects say Amen. Source: https://www.bartleby.com/400/prose/157.html

  • The Fundamental Constitutions of Carolina

    The Fundamental Constitutions of Carolina : March 1, 1669 Our sovereign lord the King having, out of his royal grace and bounty, granted unto us the province of Carolina, with all the royalties, properties, jurisdictions, and privileges of a county palatine, as large and ample as the county palatine of Durham, with other great privileges; for the better settlement of the government of the said place, and establishing the interest of the lords proprietors with equality and without confusion; and that the government of this province may be made most agreeable to the monarchy under which we live and of which this province is a part; and that we may avoid erecting a numerous democracy, we, the lords and proprietors of the province aforesaid, have agreed to this following form of government, to be perpetually established amongst us, unto which we do oblige ourselves, our heirs and successors, In the most binding ways that can be devised. One. The eldest of the lords proprietors shall be palatine; and, upon the decease of the palatine, the eldest of the seven surviving proprietors shall always succeed him. Two. There shall be seven other chief offices erected, viz: the admirals, chamberlains, chancellors, constables, chief justices, high stewards, and treasurers; which places shall be enjoyed by none but the lords proprietors, to be assigned at first by lot, and, upon the vacancy of any one of the seven great offices, by death or otherwise, the eldest proprietor shall have his choice of the said place. Three. The whole province shall be divided into counties; each county shall consist of eight signiories, eight baronies, and four precincts; each precinct shall consist of six colonies. Four. Each signiory, barony, and colony shall consist of twelve thousand acres; the eight signiories being the share of the eight proprietors, and the eight baronies of the nobility; both which shares, being each of them one-fifth of the whole, are to be perpetually annexed, the one to the proprietors, the other to the hereditary nobility, leaving the colonies, being three-fifths, amongst the people; so that in setting out and planting the lands, the balance of the government may be preserved. Five. At any time before the year one thousand seven hundred and one, any of the lords proprietors shall have power to relinquish, alienate, and dispose to any other person his proprietorship, and all the signiories, powers, and interest thereunto belonging, wholly anti entirely together, and not otherwise. But after the year one thousand seven hundred, those who are then lords proprietors shall not have power to alienate or make over their proprietorship, with the signiories and privileges thereunto belonging, or any part thereof, to any person whatsoever, otherwise than in section eighteen; but it shall all descend unto their heirs male, and for want of heirs male, it shall all descend on that landgrave or cazique of Carolina who is descended of the next heirs female of the proprietor; and, for want of such heirs, it shall descend on the next heir general; and, for want of such heirs, the remaining seven proprietors shall, upon the vacancy, choose a landgrave to succeed the deceased proprietors, who, being chosen by the majority of the seven surviving proprietors, he and his heirs. successively shall be proprietors, as fully to all intents and purposes as any of the rest. Six. That the number of eight proprietors may be constantly kept, if, upon the vacancy of any proprietorship, the seven surviving proprietors shall not choose a landgrave to be a proprietor before the second biennial parliament after the vacancy, then the next biennial parliament but one, after such vacancy, shall have power to choose any landgrave to be a proprietor. Seven. Whosoever, after the year one thousand seven hundred, either by inheritance or choice, shall succeed any proprietor in his proprietorship, and signories thereunto belonging; shall be obliged to take the name and arms of that proprietor whom he succeeds; which from thenceforth shall be the name and arms of his family and their posterity. Eight. Whatsoever landgrave or cazique shall any way come to be a proprietor, shall take the signiories annexed to the said proprietorship; but his former dignity, with the baronies annexed, shall devolve into the hands of the lords proprietors. Nine. There shall be just as many landgraves as there are counties, and twice as many caziques, and no more. These shall be the hereditary nobility of the province, and by right of their dignity be members of parliament. Each landscape shall have four baronies, and each cazique two baronies, hereditarily and unalterably annexed to and settled upon the said dignity. Ten. The first landgrave and caziques of the twelve first counties to be planted shall be nominated thus, that is to say: of the twelve landgraves, the lords proprietors shall each of them, separately for himself, nominate and choose one; and the remaining four landgraves of the first twelve shall be nominated and chosen by the palatine's court. In like manner, of the twenty-four first caziques, each proprietor for himself shall nominate and choose two, and the remaining eight shall be nominated and chosen by the palatine's court; and w hen the twelve first counties shall be planted, the lords proprietors shall again in the same manner nominate and choose twelve more landgraves and twenty-four more caziques, for the next twelve counties to be planted; that is to say, two-thirds of each number by the single nomination of each proprietor for himself, and the remaining third by the joint election of the palatine's court, and so proceed in the same manner till the whole province of Carolina be set out and planted, according to the proportions in these fundamental constitntions. Eleven. Any landgrave or cazique, at any time before the year one thousand seven hundred and one, shall have power to alienate, sell, or make over, to any other person, his dignity, with the baronies thereunto belonging, all entirely together. But after the year one thousand seven hundred, no landgrave or cazique shall have power to alienate, sell, make over, or let the hereditary baronies of his dignity, or any part thereof, otherwise than as in section eighteen; but they shall all entirely, with the dignity thereunto belonging, descend unto his heirs male; and for want of heirs male, all entirely and undivided to the next heir general; and for want of such heirs, shall devolve into the hands of the lords proprietors. Twelve. That the due number of landgraves and caziques may be always kept up, if, upon the devolution of any landgraveship or caziqueship, the palatine's court shall not settle the devolved dignity with the baronies thereunto annexed, before the second biennial parliament after such devolution, the next biennial parliament but one after such devolution shall have power to make any one landgrave or cazique in the room of him who dying without heirs, his dignity and baronies devolved. Thirteen. No one person shall have more than one dignity, with the signiories or baronies thereunto belonging. But whensoever it shall happen that any one who is already proprietor, landgrave, or cazique shall have any of these dignities descend to him by inheritance, it shall be at his choice to keep which of the dignities, with the lands annexed, he shall like best; but shall leave the other, with the lands annexed, to be enjoyed by him who, not being his heir apparent and certain successor to his present dignity, is next of blood. Fourteen. Whosoever, by right of inheritance, shall come to be landgrave or cazique, shall take the name and arms of his predecessor in that dignity, to be from thenceforth the name and arms of his family and their posterity. Fifteen. Since the dignity of proprietor, landgrave, or cazique cannot be divided, and the signiories or baronies thereunto annexed must forever all entirely descend with and accompany that dignity, whensoever, for want of heirs male, it shall descend on the issue female, the eldest daughter and her heirs shall be preferred, and in the inheritance of those dignities, and in the signiories or baronies annexed, there shall be no coheirs. Sixteen. In every signiory, barony, and manor, the respective lord shall have power, in his own name, to hold court-leet there, for trying of all causes, both civil and criminal; but where it shall concern any person being no inhabitant, vassal, or leet-man of the said signiory, barony, or manor, he, upon paying down of forty shillings to the lords proprietors' use, shall have an appeal from the signiory or barony court to the county court, and from the manor court to the precinct court. Seventeen. Every manor shall consist of not less than three thousand acres, and not above twelve thousand acres, in one entire piece and colony, but any three thousand acres or more in one piece, and the possession of one man shall not be a manor, unles it be constituted a manor by the grant of the palatine's court. Eighteen. The lords of signiories and baronies shall have power only of granting estates not exceeding three lives, or twenty-one years, in two-thirds of said signiories or baronies, and the remaining third shall be always demesne. Nineteen. Any lord of a manor may alienate, sell, or dispose to any other person and his heirs forever, his manor, all entirely together with all the privileges and leet-men thereunto belonging, so far forth as any colony lands; but no grant of any part thereof, either in fee, or for any longer term than three lives, or one-and-twenty years, shall stand good against the next heir. Twenty. No manor, for want of issue male, shall be divided amongst coheirs; but the manor, if there be but one, shall all entirely descend the eldest daughter and her heirs. If there be more minors than one, the eldest daughter first shall have her choice, the second next, and so on, beginning again at the eldest, until all the manors be taken up; that so the privileges which belong to manors being indivisible, the lands of the manors, to which they are annexed, may be kept entire and the manor not lose those privileges which, upon parcelling out to several owners, must necessarily cease. Twenty-one. Every lord of a manor, within his own manor, shall have all the rights, powers, jurisdictions, and privileges which a landgrave or cazique hath in his baronies. Twenty-two. In every signiory, barony, and manor, all the leet-men shall be under the jurisdiction of the respective lords of the said signiory, barony, or manor, without appeal from him. Nor shall any leet-man or leet-woman have liberty to go off from the land of their particular lord and live anywhere else, without license obtained from their said lord, under hand and seal. Twenty-three. All the children of leet-men shall be leet-men, and so to all generations. Twenty-four. No man shall be capable of having a court-leet or leet-men but a proprietor, landgrave, cazique, or lord of a manor. Twenty-five. Whoever shall voluntarily enter himself a leet-man in the registry of the county court, shall be a leet-man. Twenty-six. Whoever is lord of leet-men, shall, upon the marriage of a leet-man or leet-woman of his, give them ten acres of land for their lives; they paying to him therefor not more than one-eighth part of all the yearly produce and growth of the said ten acres. Twenty-seven. No landgrave or cazique shall be tried for any criminal cause in any but the chief justice's court, and that by a jury of his peers. Twenty-eight. There shall be eight supreme courts. The first called the palatine's court, consisting of the palatine and the other seven proprietors. The other seven courts of the other seven great officers, shall consist each of them of a proprietor, and six councillors added to him. Under each of these latter seven courts shall be a college of twelve assistants. The twelve assistants of the several colleges shall be chosen, two out of the landgraves, caziques, or eldest sons of the proprietors, by the palatine's court; two out of the landgraves by the landgraves' chamber; two out of the caziques by the caziques' chamber; four more of the twelve shall be chosen by the commons' chamber, out of such as have been or are members of parliament, sheriffs, or justices of the county court, or the younger sons of proprietors, or the eldest sons of landgraves or caziques; the two others shall be chosen by the palatine's court, out of the same sort of persons out of which the commons' chamber is to choose. Twenty-nine. Out of these colleges shall be chosen at first, by the palatine's court, six councillors, to be joined with each proprietor in his court; of which six one shall be of those who were chosen into any of the colleges by the palatine's court, out of the landgraves, caziques, or eldest sons of proprietors; one out of those who were chosen by the landgraves' chamber; one out of those who were chosen by the caziques' chamber; two out of those who were chosen by the commons' chamber; and one out of those who were chosen by the palatine's court, out of the proprietors' younger sons, or eldest sorts of landgraves, caziques, or commons, qualified as aforesaid. Thirty. When it shall happen that any councillor dies, and thereby there is a vacancy, the grand council shall have power to remove any councillor that is willing to be removed out of any of the proprietors' courts, to fill up the vacancy; provided they take a man of the same degree and choice the other was of, whose place is to be filled up. But if no councillor consent to be removed, or upon such remove, the last remaining vacant place, in any of the proprietors' courts, shall be filled up by the choice of the grand council, who shall have power to remove out of any of the colleges any assistant, who is of the same degree and choice tliat that councillor was of into whose vacant place he is to succeed. The grand council also have power to remove any assistant, that is willing, out of one college into another, provided he be of the same degree and choice. But the last remaining vacant place in any college shall be filled up by the same choice, and out of the same degree of persons the assistant was of who is dead or removed. No place shall be vacant in any proprietor's court above six months. No place shall be vacant in any college longer than the next session of parliament. Thirty-one. No man, being a member of the grand council, or of any of the seven colleges, shall be turned out but for misdemeanor, of which the grand council shall be judge; and the vacancy of the person so put out shall be filled, not by the election of the grand council, but by those who first chose him, and out of the same degree he was of who is expelled. But it is not hereby to be understood that the grand council hath any power to turn out any one of the lords proprietors or their deputies, the lords proprietors having in themselves an inherent original right. Thirty-two. All elections in the parliament, in the several chambers of the parliament, and in the grand council, shall be passed by balloting. Thirty-three. The palatine's court shall consist of the palatine and seven proprietors, wherein nothing shall be acted without the presence and consent of the palatine or his deputy, and three other of the proprietors or their deputies. This court shall have power to call parliaments, to pardon all offences, to make elections of all officers in the proprietor's dispose, and to nominate and appoint port towns; and also shall have power by their order to the treasurer to dispose of all public treasure, excepting money granted by the parliament, and by them directed to some particular public use; and also shall have a negative upon all acts, orders, votes, and judgments of the grand council and the parliament, except only as in sections six and twelve; and shall have all the powers granted to the lords proprietors, by their patent from our sovereign lord the King, except in such things as are limited by these fundamental constitutions. Thirty-four. The palatine himself, when he in person shall be either in the army or any of the proprietors' courts, shall then have the power of general or of that proprietor in whose court he is then present, and the proprietor, in whose court the palatine then presides, shall, during his presence there, be but as one of the council. Thirty-five. The councillor's court, consisting of one of the proprietors, and his six councillors, who shall be called vice-chancellors' shall have the custody of the seal of the palatine, under which charters of lands, or otherwise, commissions and grants of the palatine's court shall pass. And it shall not be lawful to put the seal of the palatinate to any writing which is not signed by the palatine or his deputy and three other proprietors or their deputies. To this court also belong all state matters, despatches, and treaties with the neighbor Indians. To this court also belong all invasions of the law, of liberty of conscience, and all invasions of the public peace, upon presence of religion, as also the license of printing. The twelve assistants belonging to this court shall be called recorders. Thirty-six. Whatever passes under the seal of the palatinate, shall be registered in the proprietor's court to which the matter therein contained belongs. Thirty-seven. The chancellor or his deputy shall be always speaker in parliament, and president of the grand council, and, in his and his deputy's absence, one of the vice-chancellors. Thirty-eight. The chief justice's court, consisting of one of the proprietors and his six councillors, who shall be called justices of the bench, shall judge all appeals in cases both civil and criminal, except all such cases as shall be under the jurisdiction and cognizance of any other of the proprietor's courts, which shall be tried in those courts respectively. The government and regulation of registries of writings and contracts shall belong to the jurisdiction of this court. The twelve assistants of this court shall be called masters. Thirty-nine. The constable's court, consisting of one of the proprietors and his six councillors, who shall be called marshals, shall order and determine of all military affairs by land, and all landforces, arms, ammunition, artillery, garrisons, forts, &c., and whatever belongs unto war. His twelve assistants shall be called lieutenant-generals. Forty. In time of actual war the constable, while he is in the army, shall be general of the army, and the six councillors, or such of them as the palatine's court shall for that time or service appoint, shall be the immediate great officers under him, and the lieutenant-generals next to them. Forty-one. The admiral's court, consisting of one of the proprietors and his six councillors, called consuls, shall have the care and inspection over all ports, moles, and navigable rivers, so far as the tide flows, and also all the public shipping of Carolina, and stores thereunto belonging, and all maritime affairs. This court also shall have the power of the court of admiralty; and shall have power to constitute judges in port-towns to try cases belonging to law-merchant, as shall be most convenient for trade. The twelve assistants belonging to this court shall be called proconsuls. Forty-two. In time of actual war, the admiral, whilst he is at sea shall command in chief, and his six councillors, or such of them as the palatine's court shall for that time or service appoint, shall be the immediate great officers under him, and the proconsuls next to them. Forty-three. The treasurer's court, consisting of a proprietor and his six councillors, called under-treasurers, shall take care of all matters that concern the public revenue and treasury. The twelve assistants shall be called auditors. Forty-four. The high steward's court, consisting of a proprietor and his six councillors, called comptrollers, shall have the care of all foreign and domestic trade, manufactures, public buildings, workhouses, highways, passages by water above the flood of the tide, drains, sewers, and banks against inundation, bridges, posts, carriers, fairs, markets, corruption or infection of the common air or water, and all things in order to the public commerce and health; also setting out and surveying of lands; and also setting out and appointing places for towns to be built on in the precincts, and the prescribing and determining the figure and bigness of the said towns, according to such models as the said court shall order; contrary or differing from which models it shall not be lawful for any one to build in any town. This court shall have power also to make any public building, or any new highway, or enlarge any old highway, upon any man's land whatsoever; as also to make cuts, channels, banks, locks, and bridges, for making rivers navigable, or for draining fens, or any other public use. The damage the owner of such lands (on or through which any such public things shall be made) shall receive thereby shall be valued, and satisfaction made by such ways as the grand council shall appoint. The twelve assistants belonging to this court shall be called surveyors. Forty-five. The chamberlain's court, consisting of a proprietor and six councillors, called vice-chamberlains, shall have the care of all ceremonies, precedency, heraldry, reception of public messengers, pedigrees, the registry of all births, burials, and marriages, legitimation, and all cases concerning matrimony, or arising from it; and shall also have power to regulate all fashions, habits, badges, games, and sports. To this court it shall also belong to convocate the grand council. The twelve assistants belonging to this court shall be called provosts. Forty-six. All causes belonging to or under the jurisdiction of any of the proprietors' courts, shall in them respectively be tried, and ultimately determined, without any further appeal. Fortv-seven. The proprietors' courts have a power to mitigate all fines and suspend all execution in criminal causes, either before or after sentence, in any of the other inferior courts respectively. Forty-eight. In all debates, hearings, or trials, in any of the proprietors' courts, the twelve assistants belonging to the said courts, respectively, shall have liberty to be present, but shall not interpose, unless their opinions be required, nor have any vote at all; but their business shall be, by the direction of the respective courts, to prepare such business as shall be committed to them; as also to bear such offices, and despatch such affairs, either where the court is kept or elsewhere, as the court shall think fit. Forty-nine. In all the proprietors' courts, the proprietor, and any three of his councillors, shall make a quorum: Provided, always, That for the better despatch of business, it shall be in the power of the palatine's court to direct what sort of causes shall be heard and determined by a quorum of any three. Fifty. The grand council shall consist of the palatine and seven proprietors, and the forty-two councillors of the several proprietors' courts, who shall have power to determine any controversy that may arise between any of the proprietors' courts, about their respective jurisdictions, or between the members of the same court, about their manner and methods of proceedings; to make peace and war, leagues, treaties, &c., with any of the neighbor Indians; to issue out their general orders to the constable's and admiral's courts, for the raising, disposing, or disbanding the forces, by land or by sea. Fifty-one. The grand council shall prepare all matters to be proposed in parliament. Nor shall any matter whatsoever be proposed in parliament, but what has first passed the grand council; which, after having been read three several days in the parliament, shall by majority oft votes be passed or rejected; Fifty-two. The grand council shall always be judges of all causes and appeals that concern the palatine, or any of the lords proprietors, or any councillor of any proprietor's court, in any cause, which should otherwise have been tried in the court of which the said councillor is judge himself. Fifty-three. The grand council, by their warrants to the treasurer's court, shall dispose of all the money given by the parliament, and by them directed to any particular public use. Fifty-four. The quorum of the grand council shall be thirteen, whereof a proprietor or his deputy shall be always one. Fifty-five. The grand council shall meet the first Tuesday in every month, and as much oftener as either they shall think fit, or they shall be convocated by the chamberlain's court. Fifty-six. The palatine, or any of the lords proprietors, shall have power, under hand and seal, to be registered in the grand council, to make a deputy, who shall have the same power to all intents and purposes as he himself who deputes him; except in confirming acts of parliament, as in section seventy-six, and except also in nominating and choosing landgraves and caziques, as in section ten. All such deputations shall cease and determine at the end of four years, and at any time shall be revocable at the pleasure of the deputator. Fifty-seven. No deputy of any proprietor shall have any power whilst the deputator is in any part of Carolina, except the proprietor whose deputy he Is be a minor. Fifty-eight. During the minority of any proprietor, his guardian shall have power to constitute and appoint his deputy. Fifty-nine. The eldest of the lords proprietors, who shall be personally in Carolina, shall of course be the palatine's deputy, and if no proprietor be in Carolina, he shall choose his deputy out of the heirs apparent of any of the proprietors, if any such be there; and if there be no heir apparent of any of the lords proprietors above one-and-twenty years old in Carolina, then he shall choose for deputy any one of the landgraves of the grand council; till he have by deputation under hand and seal chosen any one of the forementioned heirs apparent or landgraves to be his deputy, the eldest man of the landgraves, and, for want of a landgrave, the eldest man of the caziques, who shall be personally in Carolina, shall of course be his deputy. Sixtv. Each proprietor's deputy shall be always one of his six councillors, respectively; and in case any of the proprietors hath not, in his absence out of Carolina, a deputy, commissioned under his hand and seal, the eldest nobleman of his court shall of course be his deputy. Sixty-one. In every county there shall be a court, consisting of a sheriff, and four justices of the county, for every precinct one. The sheriff shall be an inhabitant of the county, and have at least five hundred acres of freehold within the said county; and the justices shall be inhabitants, and have each of them five hundred acres apiece freehold within the precinct for which they serve respectively. These five shall be chosen from time to time and commissioned by the palatine's court. Sixty-two. For any personal causes exceeding the value of two hundred pounds sterling, or in title of land, or in any criminal cause, either party upon paying twenty pounds sterling to the lords proprietors' use, shall have liberty of appeal from the county court unto the respective proprietor's court. Sixty-three. In every precinct there shall be a court, consisting of a steward and four justices of the precinct, being inhabitants and having three hundred acres of freehold within the said precinct, who shall judge all criminal causes; except for treason, murder, and any other offences punishable with death, and except all criminal causes of the nobility; and shall judge also all civil causes whatsoever; and in all personal actions not exceeding fifty pounds sterling, without appeal; but where the cause shall exceed that value, or concern a title of land, and in all criminal causes, there either party, upon paying five pounds sterling to the lords proprietors' use, shall have liberty of appeal to the county court. Sixty-four. No cause shall be twice tried in any one court, upon any reason or presence whatsoever. Sixty-five. For treason, murder, and all other offences punishable with death, there shall be a commission, twice a year at least, granted onto one or more members of the grand council or colleges; who shall come as itinerant judges to the several counties, and with the sheriff and four justices shall hold assizes to judge all such causes; but, upon paying of fifty pounds sterling to the lords proprietors' use, there shall be liberty of appeal to the respective proprietor's court. Sixty-six. The grand jury at the several assizes shall, upon their oaths, and under their hands and seals, deliver in to their itinerant judges a presentment of such grievances, misdemeanors, exigencies, or defects, which they think necessary for the public good of the country; which presentments shall, by the itinerant judges, at the end of their circuit, be delivered in to the grand council at their next sitting. And whatsoever therein concerns the execution of laws already made, the several proprietors' courts, in the matters belonging to each of them, respectively, shall take cognizance of it, and give such order about it as shall be effectual for the due execution of the laws. But whatever concerns the making of any new law, shall be referred to the several respective courts to which that matter belongs, and be by them prepared and brought to the grand council. Sixtv-seven. For terms, there shall be quarterly such a certain number of days, not exceeding one-and-twenty at any one time, as the several respective courts shall appoint. The time for the beginning of the term, in the precinct court, shall be the first Monday in January, April, July, and October; in the county court, the first Monday in February, May, August, and November; and in the proprietors' courts the first Monday in March, June, September, and December. Sixty-eight. In the precinct court no man shall be a juryman under fifty acres of freehold. In the county court, or at the assizes, no man shall be a grand-juryman under three hundred acres of freehold; and no man shall be a petty-juryman under two hundred acres of freehold. In the proprietors' courts no man shall be a juryman under five hundred acres of freehold. Sixty-nine. Every jury shall consist of twelve men; and it shall not be necessary they should all agree, but the verdict shall be according to the consent of the majority. Seventy. It shall be a base and vile thing to plead for money or reward; nor shall any one (except he be a near kinsman, not farther off than cousin-german to the party concerned) be permitted to plead another-man's cause, till, before the judge in open court, he hath taken an oath that he doth not plead for money or reward, nor hath nor will receive, nor directly nor indirectly bargained with the party whose cause he is going to plead, for money or any other reward for pleading his cause. Seventy-one. There shall be a parliament, consisting of the proprietors or their deputies, the landgraves, and caziques, and one freeholder out of every precinct, to be chosen by the freeholders of the said precinct, respectively. They shall sit all together in one room, and have every member one vote. Seventy-two. No man shall be chosen a member of parliament who has less than five hundred acres of freehold within the precinct for which he is chosen; nor shall any have a vote in choosing the said member that hath less than fifty acres of freehold within the said precinct. Seventy-three. A new parliament shall be assembled the first Monday of the month of November every second year, and shall meet and sit in the town they last sat in, without any summons, unless by the palatine's court they be summoned to meet at any other place. And if there shall be any occasion of a parliament in these intervals, it shall be in the power of the palatine's court to assemble them in forty days' notice, and at such time and place as the said court shall think fit; and the palatine's court shall have power to dissolve the said parliament when they shall think fit. Seventy-four. At the opening of every parliament, the first thing that shall be done shall be the reading of these fundamental constitutions, which the palatine and proprietors, and the rest of the members then present, shall subscribe. Nor shall any person whatsoever sit or vote in the parliament till he hath that session subscribed these fundamental constitutions, in a book kept for that purpose by the clerk of the parliament. Seventy-five. In order to the due election of members for the biennial parliament, it shall be lawful for the freeholders of the respective precincts to meet the first Tuesday in September every two years in the same town or place that they last met in, to choose parliament men; and there choose those members that are to sit the next November following, unless the steward of the precinct shall, by sufficient notice thirty days before, appoint some other place for their meeting in order to the election. Seventy-six. No act or order of parliament shall be of any force, unless it be ratified in open parliament, during the same session, by the palatine or his deputy, and three more of the lords proprietors or their deputies; and then not to continue longer in force but until the next biennial parliament, unless in the mean time it be ratified under the hands and seals of the palatine himself, and three more of the lords proprietors themselves, and by their order published at the next biennial parliament. Seventy-seven. Any proprietor or his deputy may enter his protestation against any act of the parliament, before the palatine or his deputy's consent be given as aforesaid, if he shall conceive the said act to be contrary to this establishment, or any of these fundamental constitutions of the Government. And in such case, after full and free debate, the several estates shall retire into four several chambers; the palatine and proprietors into one; the landgraves into another; the caziques into another; and those chosen by the precincts into a fourth; and if the major part of any of the four estates shall vote that the law is not agreeable to this establishment, and these fundamental constitutions of the government, then it shall pass no farther, but be as if it had never been proposed. Seventy-eight. The quorum of the parliament shall be one-half of those who are members and capable of sitting in the house that present session of parliament. The quorum of each of the chambers of parliament shall be one-half of the members of that chamber. Seventy-nine. To avoid multiplicity of laws, which by degrees always change the right foundations of the original government, all acts of parliament whatsoever, in whatsoever form passed or enacted, shall, at the end of a hundred years after their enacting, respectively cease and determine of themselves, and without any repeal become null and void, as if no such acts or laws had ever been made. Eighty. Since multiplicity of comments, as well as of laws, have great inconveniencies, and serve only to obscure and perplex, all manner of comments and expositions on any part of these fundamental constitutions, or on any part of the common or statute laws of Carolina, are absolutely prohibited. Eighty-one. There shall be a registry in every precinct, wherein shall be enrolled all deeds, leases, judgments, mortgages, and other conveyances, which may concern any of the lands within the said precinct; and all such conveyances not so entered and registered shall not be of force against any person or party to the said contract or conveyance. Eighty-two. No man shall be register of any precinct who hath not at least three hundred acres of freehold within the said precinct. Eighty-three. The freeholders of every precinct shall nominate three men; out of which three the chief justice's court shall choose and commission one to be register of the said precinct, whilst he shall well behave himself. Eighty-four. There shall be a registry in every signiory, barony, and colony, wherein shall be recorded all the births, marriages, and deaths that shall happen within the respective signiories, baronies, and colonies. Eighty-five. No man shall be register of a colony that hath not above fifty acres of freehold within the said colony. Eighty-six. The time of every one's age, that is born in Carolina, shall be reckoned from the day that his birth is entered in the registry, and not before. Eighty-seven. No marriage shall be lawful, whatever contract and ceremony they have used, till both the parties mutually own it before the register of the place where they were married, and he register it, with the names of the father and mother of each party. Eighty-eight. No man shall administer to the goods, or have a right to them, or enter upon the estate of any person deceased, till his death be registered in the respective registry. Eighty-nine. He that doth not enter in the respective registry the birth or death of any person that is born or dies in his house or ground, shall pay to the said register one shilling per week for each such neglect, reckoning from the time of each birth or death, respectively, to the time of entering it in the register. Ninety. In like manner, the births, marriages, and deaths of the lords proprietors, landgraves, and caziques shall be registered in the chamberlain's court. Ninety-one. There shall be in every colony one constable, to be chosen annually, by the freeholders of the colony; his estate shall be above a hundred acres of freehold within the said colony, and such subordinate officers appointed for his assistance as the county court shall find requisite, and shall be established by the said county court. The election of the subordinate annual officers shall be also in the freeholders of the colony. Ninety-two. All towns incorporate shall be governed by a mayor, twelve aldermen, and twenty-four of the common council. The said common council shall be chosen by the present householders of the said town; the aldermen shall be chosen out of the common council; and the mayor out of the aldermen, by the palatine's court. Ninety-three. It being of great consequence to the plantation that port-towns should be built and preserved; therefore, whosoever shall lade or unlace any commodity at any other place than a port-town, shall forfeit to the lords proprietors, for each ton so laden or unladen, the sum of ten pounds sterling; except only such goods as the palatine's court shall license to be laden or unladen elsewhere. Ninety-four. The first port-town upon every river shall be in a colony, and be a port-town forever. Ninety-five. No man shall be permitted to be a freeman of Carolina, or to have any estate or habitation within it, that doth not acknowledge a (lod, and that God is publicly and solemnly to be worshipped. Ninety-six. [As the country comes to be sufficiently planted and distributed into fit divisions, it shall belong to the parliament to take care for the building of churches, and the public maintenance of divines, to be employed in the exercise of religion, according to the Church of England; which being the only true and orthodox and the national religion of all the King's dominions, is so also of Carolina; and, therefore, it alone shall be allowed to receive public maintenance, by grant of parliament.] Ninety-seven. But since the natives of that place, who will be concerned in our plantation, are utterly strangers to Christianity, whose idolatry, ignorance, or mistake gives us no right to expel or use them ill; and those who remove from other parts to plant there will unavoidably be of different opinions concerning matters of religion, the liberty whereof they will expect to have allowed them, and it will not be reasonable for us, on this account, to keep them out, that civil peace may be maintained amidst diversity of opinions, and our agreement and compact with all men may be duly and faithfully observed; the violation whereof, upon what presence soever, cannot be without great offence to Almighty God, and great scandal to the true religion which we profess; and also that Jews, heathens, and other dissenters from the purity of Christian religion may not be scared and kept at a distance from it, but, by having an opportunity of acquainting themselves with the truth and reasonableness of its doctrines, and the peaceableness and inoffensiveness of its professors, may, by good usage and persuasion, and all those convincing methods of gentleness and meekness, suitable to the rules and design of the gospel, be won ever to embrace and unfeignedly receive the truth; therefore, any seven or more persons agreeing in any religion, shall constitute a church or profession, to which they shall give some name, to distinguish it from others. Ninety-eight. The terms of admittance and communion with any church or profession shall be written in a book, and therein be subscribed by all the members of the said church or profession; which book shall be kept by the public register of the precinct wherein they reside. Ninety-nine. The time of every one's subscription and admittance shall be dated in the said book or religious record. One hundred. In the terms of communion of every church or profession, these following shall be three; without which no agreement or assembly of men, upon presence of religion, shall be accounted a church or profession within these rules: 1st. "That there is a God." II. "That God is publicly to be worshipped." III. "That it is lawful and the duty of every man, being thereunto called by those that govern, to bear witness to truth; and that every church or profession shall, in their terms of communion, set down the external way whereby they witness a truth as in the presence of God, whether it be by laying hands on or kissing the bible, as in the Church of England, or by holding up the hand, or any other sensible way." One hundred and one. No person above seventeen years of age shall have any benefit or protection of the law, or be capable of any place of profit or honor, who is not a member of some church or profession, having his name recorded in some one, and but one religious record at once. One hundred and two. No person of any other church or profession shall disturb or molest any religious assembly. One hundred and three. No person whatsoever shall speak anything in their religious assembly irreverently or seditiously of the government or governors, or of state matters. One hundred and four. Any person subscribing the terms of communion, in the record of the said church or profession, before the precinct register, and any five members of the said church or profession, shall be thereby made a member of the said church or profession. One hundred and five. Any person striking out his own name out of any religious record, or his name being struck out by any officer "hereunto authorized by each church or profession respectively, shall cease to be a member of that church or profession. One hundred and six. No man shall use any reproachful, reviling, or abusive language against any religion of any church or profession; that being the certain way of disturbing the peace, and of hindering the conversion of any to the truth, by them in quarrels and animosities, to the hatred of the professors and that profession which otherwise they might be brought to assent to. One hundred and seven. Since charity obliges us to wish well to the souls of all men, and religion ought to alter nothing in any man's civil estate or right, it shall be lawful for slaves, as well as others, to enter themselves, and be of what church or profession any of them shall think best, and, therefore, be as fully members as any freeman. But yet no slave shall hereby be exempted from that civil dominion his master hath over him, but be in all things in the same state and condition he was In before. One hundred and eight. Assemblies, upon what presence soever of religion, not observing and performing the above said rules, shall not be esteemed as churches, but unlawful meetings, and be punished as other riots. One hundred and nine. No person whatsover shall disturb, molest, or persecute another for his speculative opinions in religion, or his way of worship. One hundred and ten. Every freeman of Carolina shall have absolute power and authority over his negro slaves, of what opinion or religion soever. One hundred and eleven. No cause, whether civil or criminal, of any freeman, shall be tried in any court of judicature, without a jury of his peers. One hundred and twelve. No person whatever shall hold or claim any land in Carolina by purchase or gift, or otherwise, from the natives, or any other whatsoever, but merely from and under the lords proprietors, upon pain of forfeiture of all his estate, movable or immovable, and perpetual banishment. One hundred and thirteen. Whosoever shall possess any freehold in Carolina, upon what title or grant soever, shall, at the farthest, from and after the year one thousand six hundred and eighty-nine, pay yearly unto the lords proprietors, for each acre of land, English measure, as much fine silver as is at this present time in one English penny, or the value thereof, to be as a chief rent and acknowledgment to the lords proprietors, their heirs and successors, forever. And it shall be lawful for the palatine's court, by their officers, at any time to take a new survey of any man's land, not to oust him of any part of his possession, but that by such a survey the just number of acres he possesseth may be known, and the rent thereon due may be paid by him. One hundred and fourteen. All wrecks, mines, minerals, quarries of gems, and precious stones, with pearl-fishing, whale-fishing, and one-half of all ambergris, by whomsoever found, shall wholly belong to the lords proprietors. One hundred and fifteen. All revenues and profits belonging to the lords proprietors in common shall be divided into ten parts, whereof the palatine shall have three, and each proprietor one; but if the palatine shall govern by a deputy, the deputy shall have one of those three-tenths, and the palatine the other two-tenths. One hundred and sixteen. All inhabitants and freemen of ()arolina above seventeen years of age, and under sixty, shall be bound to bear arms and serve as soldiers, whenever the grand council shall find it necessary. One hundred and seventeen. A true copy of these fundamental constitutions shall be kept in a great book by the register of every precinct, to be subscribed before the said register. Nor shall any person, of what degree or condition soever, above seventeen years old, have any estate or possession in Carolina, or protection or benefit of the law there, who hath not, before a precinct register, subscribed these fundamental constitutions in this form: " I, A. B., do promise to bear faith and true allegiance to our sovereign lord King Charles II, his heirs and successors; and will be true and faithful to the palatine and lords proprietors of Carolina, their heirs and successors; and with my utmost power will defend them, and maintain the government according to this establishment in these fundamental constitutions." One hundred and eighteen. VVhatsoever alien shall, in this form, before any precinct register, subscribe these fundamental constitutions, shall be thereby naturalized. One hundred and nineteen. In the same manner shall every person, at his admittance into any office, subscribe these flmdamental constitutions. One hundred and twenty. These fundamental constitutions, in number a hundred and twenty, and every part thereof, shall be and remain the sacred and unalterable form and rule of government of Carolina forever. Witness our hands and seals, the first day of March, sixteen hundred and sixty-nine. Source: https://avalon.law.yale.edu/17th_century/nc05.asp

  • Dutch Surrender of New Netherlands to the British

    Dutch Surrender of New Netherlands to the British l. September 29, 1664. Whereupon the Citty and Fort Amsterdam and Province of the New Netherlands were surrendered under His Most Exct. Mat’s. Obedience, made and concluded the 27th. day of September 1664. by the underwritten Commrs. of Richard Nichols Esqr Deputy Gov.r of His Royal Highness the Duke of York and Peter Stuyvesant in the name of the Estates Generalls of the United Belgick Provinces and West India Company Govern.r of the sd Town and ffort and Generall of that Province and in that quality ratified, and by their subscription confirmed the 29th day of the above Month and year. Wee consent that the States Generall, or the West India Company shall freely enjoy all ffarms & Houses (except such as are in the fforts) and that within six months they shall have free Liberty to transport, all such arms and ammunition as now do belong to them, or else they shall be payd for them. 2. All publick Houses shall continue for the uses, wch. now they are for. 3. All people shall continue free Denizons and enjoy their Lands, Houses, Goods, Ships, wherever they are within this Country, and dispose of them as they please. 4. If any Inhabitant have a mind to remove himself he shall have a year and six weeks from this day to remove himself, Wife, Children, Servts. Goods and to dispose of his Land here. 5. If any officer of State of publick Minister of State have a mind to go for England they shall be transported fraught free in His Ma.t’s ffriggatts, when those ffriggats shall returne thither. 6. It is consented to, that any people may freely come from the Netherlands and plant in this Country; and that Dutch Vessells may freely come hither, and any of the Dutch may freely return home, or send any sort of Netherlanders home in Vessells of their own Country. 7. All ships from the Netherlands or any other places, and goods therin, shall be received here & sent hence, after the manner, wch. Formerly they were before our coming hither for six months next ensuing. 8. The Dutch here shall enjoy their Liberty of their Consciences in Divine Worship and Church Dissipline. 9. No Dutchman here or Dutch Ships here shall upon any occasion be prest to serve in Warr against any Nation whatsoever. 10. That the Townesman of the Manhattan shall not have any Soldiers quartered upon them wth.out being satisfied and payd for them, by their officers, and that at this present, if the ffort be not capable of lodging all the Soldiers, then the Burge Master by His officers shall appoint some House capable to [reward] them. 11. The Dutch here shall enjoy their own Customs concerning their Inheritances. 12. All publick writings and Records wch. Concerns the Inheritances of any people, or the Regulment of the Church or Poor or Orphans shall bee carefully kept by them in whose hands now they are, and such writings as particularly concern the states generall all may att any time be sent to them. 13. No Judgement that hath passed any Judicature here shall be called in question, but if any conceive that he hath not had Justice done him, if hee apply himself to the states Generall, the other party shall bee bound to answer for the supposed Injury. 14. If any Dutch living here shall att any time desire to travell or traffique into England or any place or Plantation in obedience to His Maty of England, or with the Indians he shall have (upon his Request to the Govr.) a Certificate that he is a free Denizon of this Place, and Liberty to do so. 15. If itt do appear that there is a publick ingagement of Debt by the Town of Manhatons, and a way agreed on for the satisfying of gt engagement. It is agreed that the same proposed shall goon and that the engagement shall bee satisfied. 16. All inferior Civill officers and Magistrated shall contrive as now they are (if they please) till the customary time of new Elections; and then new ones to be chosen by themselves Provided that such new ones Magistrates shall take the Oath of Allegiance to His Maty of England before they enter upon their Office. 17. All Differences of Contracts and Bargains made before this day by any in this Country shall bee determined according to the manner of the Dutch. 18. If it do appear that the west India Company of Amsterdam do really ow any Summs of mony to any persons here, itt is agreed that Recognition and other Duties payable by Ships going for the Motherlands, bee continued for six months longer. 19. The officers Military & Soldiers shall march out with their Armes, Drums Bating and Colours flying, and lighted matches; and if any of them will plant they shall have fifty acres of land sett out for them; if any of them will serve any as Servants they shall continue with all safety and become free Denizons afterwards. 20. If at any time hereafter the King of Great Britaine and the States of the Motherlands do agree that this place and Country be redelivered into the hands of the said States whensoever His Maty will send His Commands to redeliver itt, itt shall immediately be done. 21. That the Town of Manhatons shall choose Deputies and those Deputies shall have free vogues in all publick affairs as much as any other Deputies. 22. Those who have any propriety in any Houses in the ffort of [aurania] shall (if they please) slight the ffortifications there, and then enjoy all their houses as all people do where there is no ffort. 23. If there be any Soldiers that will go into Holland and if the Company of West India in Amsterdam, or any private persons here will transport them into Holland, then they shall have a sage Passport from Coll Richard Nicholls Deputy Governr. under His Royall Highness, and the other Comm.rs to defend the ship that shall transport such Soldiers, and all the goods in them from any surprizall or Acts of Hostility to be done by any of His Ma.t’s Ships or Subjects. That the Coppy of the Kings grant to His Royall Highness, and the Coppy of His Royall Highness Commission to Coll Nicholls testified by two Comm.rs now and Mr. Winthrop to be true Coppies shall be delivered to the Honble Mr. Stuyvesant the present Governr. on Munday next by sight of the Clock in the morning at the old Milne and these Articles consented to, and signed by Coll Richd. Nicholls Depty Governr. to His Royall Highness, and that within two hours after the ffort and Town called New Amsterdam upon the Isle of Manhatons, shall be delivered into the hands of the sd Coll Richard Nicholls by the Service of such as shall be by him thereunto deputed by his hand and seal. I give my consent to those articles Richard Nicholls. Robt. Carr. George Cartwright John Winthrop Samll. Willis Tho: Clarke John Pricham Johan d dechere Nicholas barlett Samll. Mogapolonsio Cornelis Sternnych Oloft Stopons Van Cortland Jacquies Coussuan Source:https://www.thirteen.org/dutchny/interactives/document-dutch-articles-of-surrender/#articles

  • The Concession and Agreement of New Caesarea

    The Concession and Agreement of the Lords Proprietors of the Province of New Caesarea, or New Jersey, to and With All and Every the Adventurers and All Such as Shall Settle or Plant There February 10, 1664 IMPRIMUS. We do consent and agree, that the Governor of the said Province hath power, by the advice of his Council, to depute one in his place and authority, in case of death or removal, to continue until our further order, unless we have commissionated one before. ITEM. That he hath likewise power to make choice of and to take to him six councellors at least, or twelve at most, or any even number between six and twelve, with whose advice and consent, or with at least three of the six, or four of a greater number (all being summon'd) he is to govern according to the limitations and instructions following, during our pleasure. ITEM. That the chief Secretary or register which we have chosen, or shall choose, (we failing) that he shall choose, shall keep exact entries in fair books of all publick affairs: and to avoid deceits and lawsuits, shall record and enter all grants of land from the lords to the planters; and all conveyances of land, house or houses from man to man, as Also all leases for land, house or houses, made or to be made by the landlord to any tenant for more than one year; which conveyance or lease shall be first acknowledged by the grantor or leaver, or proved by the oath of two witnesses to the lease or conveyance, before the Governor or some chief judge of a court for the time being, who shall under his hand on the backside of the said deed or lease, attest the acknowledgment or proof as aforesaid; which shall be a warrant for the register to record the same: which conveyance so recorded shall be good and effectual in law, notwithstanding any other conveyance, deed or lease for the said land, house or houses, or for any part thereof, altho' dated before the conveyance, deed or lease, recorded as aforesaid: And the said register shall do all other thing or things that we by our instructions shall direct, and the Governor, Council and General Assembly shall ordain for the good and welfare of the said Province. ITEM. That the Surveyor General, that we have chosen or shall choose, (we failing that the Governor shall choose) shall have power by himself or deputy, to survey, lay out and bound all such lands as shall be granted from the lords to the planters; and all other lands within the said Province which may concern particular men as he shall be desired to do, and a particular thereof certify to the register to be recorded as aforesaid. Provided, that if the said register awl surveyor, or either of them, shall misbehave themselves, as that the Governor and Council or Deputy Governor and Council, or the major part of them, shall find it reasonable to suspend their actings in their respective employments, it shall be lawful for them so to do, until further orders from us. ITEM. That the Governor, Councellors, Assembly Men, Secretary, Surveyor, and all other officers of trust, shall swear or subscribe (in a book to be provided for that purpose) that they will bear true allegiance to the King of England, his heirs and successors; and that they will be faithful to the interests of the Lords Proprietors of the said Province and their heirs, executors and assigns; and endeavour the peace and welfare of the said Province; and that they will truly and faithfully discharge their respective trust in their respective offices, and do equal justice to all men, according to their best skill and judgment, without corruption, favour or affection; and the names of all that have sworn or subscribed, to be entered in a book. And whosoever shall subscribe and not swear, and shall violate his promise in that subscription, shall be liable to the same punishment that the persons are or may be that have sworn and broken their oaths. ITEM. That all persons that are or shall become subjects of the King of England, and swear, or subscribe allegiance to the King, and faithfulness to the lords, shall be admitted to plant and become freemen of the said Province, and enjoy the freedoms and immunities hereafter express'd, until some stop or contradiction be made by us the lords, or else the Governor, Council and Assembly, which shall be in force until the lords see cause to the contrary: provided that such stop shall not any ways prejudice the right or continuance of any person that have been receiv'd before such stop or orders come from the General Assembly. ITEM. That no person qualified as aforesaid within the said Province, at any time shall be any ways molested, punished, disquieted or called in question for any difference in opinion or practice in matte of religious concernments, who do not actually disturb the civil peace of the said Province; but that all and every such person and persons may from time to time, and at all times, freely and fully have an' enjoy his and their judgments and consciences in' masters of religion throughout the said Province they behaving themselves peaceably ant quietly, and not using this liberty to licentiousness, nor to the civil injury or outward disturbance of others; any law, statute or clause contained, or to be contained, usuage or custom of this realm o England, to the contrary thereof in any wise notwithstanding. ITEM. That no presence may be taken by our heirs or assigns for or by reason of our right of patronage and power of advouson granted by his Majesty's Letter's Patents, unto his Royal Highness James Duke of York, and by his said Royal Highness unto us thereby to infringe the general clause of liberty of conscience, afore mentioned: we do hereby grant unto the General Assembly of the said Province, power by act to constitute and appoint such and so many ministers or preachers as they shall think fit, and to establish their maintenance, giving liberty beside to any person or persons to keep and maintain what preachers or ministers they please. ITEM. That the inhabitants being freemen, or chief agents to others of the Province aforesaid; do as soon as this our commission shall arrive, by virtue of a writ in our names by the Governor to be for the present (until our seal comes) sealed and signed, make choice of twelve deputies or representatives from amongst themselves; who being chosen are to join with the said Governor and council for the making of such laws, ordinances and constitution as shall be necessary for the present good and welfare of the said Province. But so soon as parishes, divisions, tribes and other distinctions are made, that then the inhabitants or freeholders of the several respective parishes, tribes, divisions and distinctions aforesaid, do by our wrists, under our seals, (which we ingage, shall be in due time issued) annually meet on the first day of January, and choose freeholders for each respective division, tribe or parish to be the deputies or representatives of the same: which body of representatives or the major part of them, shall, with the Governor and council aforesaid, be the General Assembly of the said Province, the Governor or his deputy being present, unless they shall wilfully refuse, in which case they may appoint themselves a president, during the absence of the Governor or the deputy Governor. WHICH ASSEMBLY'S ARE TO HAVE POWER First. To appoint their own time of meeting and to adjourn their sessions from time to time to such times and places as they shall think convenient; as also to ascertain the number of their quorum; provided that such numbers be not less than the third part of the whole in whom (or more) shall be the full power of the General 'Assembly. II. To enact and make all such laws, acts and constitutions as shall be necessary for the well government of the said Province, and them to repeal: provided, that the same be consonant to reason, and as near as may be conveniently agreeable to the laws and customs of his majesty's kingdom of England: provided also, that they be not against the interest of us the Lords Proprietors, our heirs or assigns, nor any of those our concessions, especially that they be not repugnant to the article for liberty of conscience above-mentioned: which laws so made shall receive publication from the Governor and council (but as the laws of us and our General Assembly) and be in force for the space of one year and no more, unless contradicted by the Lords Proprietors, within which time they are to be presented to us, our heirs, &c. for our ratification; and being confirmed by us, they shall be in continual force till expired by their own limitation, or by act of repeal in like manner to be passed (as aforesaid) and confirmed. III. By act as aforesaid, to constitute all courts, together with the limits, powers and jurisdictions of the same; as also the several offices and number of officers belonging to each court, with their respective salaries, fees and perquisites; their appellations and dignities, with the penalties that shall be due to them, for the breach of their several and respective duties and trusts. IV. By act as aforesaid, to lay equal taxes and assessments, equally to raise moneys or goods upon all lands (excepting the lands of us the Lords Proprietors before settling) or persons within the several precincts, hundreds, parishes, manors, or whatsoever other divisions shall hereafter be made and established in the said Province, as oft as necessity shall require, and in such manner as to them shall seem most equal and easy for the said inhabitants; in order to the better supporting of the publick charge of the said Government, and for the mutual safety, defence and security of the said Province. V. By act as aforesaid, to erect within the said Province, such and so many manors, with their necessary courts, jurisdictions, freedoms, and privileges, as to them shall seem meet and convenient: As also to divide the said Province into hundreds, parishes, tribes or such other divisions and districtions, as they shall think fit; and the said divisions to distinguish by what names we shall order or direct; and in default thereof, by such names as they please: As also in the said Province to create and appoint such and so many ports, harbours, creeks, and other places for the convenient lading and unloading of goods and merchandises, out of ships, boats, and other vessels, as shall be expedient; with such jurisdictions, privileges and franchises to such ports, &c. belonging, as they shall Judge most conducing to the general good of the said Plantation or Province. VI. By their enacting to be confirm'd as aforesaid, to erect, raise and build within the said Province or any part thereof, such and so many forts, fortresses, castles, cities, corporations, boroughs, towns, villages, and other places of strength and defence; and them or any of them, to incorporate with such charters and privileges, as to them shall seem good, and the grant made unto us will permit; and the same or any of them to fortify and furnish with such provisions and proportion of ordnance, powder, shot, armour, and all other weapons, ammunition and abiliments of war, both offensive and defensive, as shall be thought necessary and convenient for the safety and welfare of the said Province. But they may not at any time demolish, dismantle or disfurnish the same, without the consent of the Governor and the major part of the council of the said Province. VII. By act (as aforesaid) to constitute train'd bands and companies, with the number of soldiers, for the safety, strength and defence of the said Province; and of the forts, castles, cities, &c. To suppress all mutinies and rebellions; to make war offensive and defensive with all Indians, strangers and foreigners, as they shall see cause; and to pursue an enemy as well by sea as by land, if need be, out of the limits and jurisdictions of the said Province, with the particular consent of the Governor, and under his conduct, or of our commander in chief, or whom he shall appoint. VIII. By act (as aforesaid) to give to all strangers, as to them shall seem meet, a naturalization, and all such freedoms, and privileges within the said Province as to his majesty's subjects do of right belong, they swearing or subscribing as aforesaid; which said strangers, so naturalized and privileged, shall be in all respects accounted in the said Province, as the King's natural subjects. IX. By act (as aforesaid) to prescribe the quantity of land which shall be from time to time, allotted to every head, free or servant, male or female, and to make and ordain rules for the casting of lots for land and the laying out of the same; provided, that they do not in their prescriptions exceed the several proportions which are hereby granted by us to all persons arriving in the said Province or adventuring thither. X. The General Assembly by act, as aforesaid, shall make provision for the maintenance and support of the Governor, and for the defraying of all necessary charges for the government; as also that the constables of the said Province shall collect the Lord's rent, and shall pay the same to the receiver that the Lords shall appoint to receive the same; unless the General Assembly shall prescribe some other way whereby the Lords may have their rents duly collected, without charge or trouble to them. XI. Lastly, to enact, constitute and ordain all such other laws and constitutions as shall or may be necessary for the good, prosperity and settlement of the said Province, excepting what by these presents is excepted, and conforming to the limitations herein expressed. THE GOVERNOR IS WITH HIS COUNCIL BEFORE EXPRESS'D First. To see that all courts establish'd by the laws of the General Assembly, and all ministers and officers, civil and military, do and execute their several duties and offices respectively, according to the laws in force; and to punish them for swerving from the laws, or acting contrary to their trust, as the nature of their offences shall require. II. According to the constitution of the General Assembly, to nominate and commissionate, the several judges, members and officers of the courts, whether magistratical or ministerial and all other civil officers, coroners, &c. and their commissions, powers, and authority to revoke at pleasure: provided, that they appoint none but such as are freeholders in the Province aforesaid, unless the General Assembly consent. III. According to the constitution of the General Assembly, to appoint courts and officers in cases criminal; and to impower them to inflict penalties upon offenders against any of the laws in force in the said Province, as the said laws shall ordain; whether by fine, imprisonment, banishment, corporal punishment, or to the taking away of member or life itself if there be cause for it. IV. To place officers and soldiers for the safety, strength and defence of the forts, castles, cities &c. according to the number appointed by the General Assembly, to nominate, place and commissionate all military officers under the dignity of the said Governor, who is commissionated by us over the several train'd bands and companies, constituted by the General Assembly, as colonels, captains, &c. and their commissions to revoke at pleasure. The Governor with the advice of his Council, unless some present danger will not permit him, to advise to muster and train all forces within the said Province, to prosecute war, pursue an enemy, suppress all rebellions, and mutinies, as well by sea as land; and to exercise the whole militia, as fully as we by the grant from his Royal Highness can impower them to do: Provided, that they appoint no military forces but what are freeholders in the said Province, unless the General Assembly shall consent. V. Where they see cause, after condemnation, to repreive until the case be presented, with a copy of the whole tryal, proceedings and proofs to the Lords, who will accordingly pardon or command execution of the sentence of the offender; who is in mean time to be kept in safe custody till the pleasure of the Lords be known. VI. In case of death or other removal of any of the Representatives within the year, to issue summons by writ to the respective division or divisions, for which he or they were chosen, commanding the freeholders of the same to choose others in their stead. VII. To make warrants and seal grants of lands, according to those our concessions and the prescriptions, by the advice of the General Assembly in such form as shall be at large set down in our instructions to the Governor in his commission, and which are hereafter express'd. VIII. To act and do all other things that may conduce to the safety, peace and well-government of the said Province, as they shall see fit; so as they be not contrary to the laws of the said Province. FOR THE BETTER SECURITY OF THE PROPRIETIES OF ALL THE INHABITAN'TS First. They are not to impose nor suffer to be imposed, any tax' custom, subsidy, tallage, assessment, or any other duty whatsoever upon any colour or presence, upon the said Province and inhabitants thereof, other than what shall be imposed by the authority and consent of the General Assembly, and then only in manner as aforesaid. II. They are to take care, that lands quietly held, planted and possessed seven years, after its being duly survey'd by the Surveyor General, or his order, shall not be subject to any review, re-survey or alteration of bouncers, on what presence soever by any of us, or by any officer or minister under us. III. They are to take care, that no man, if his cattle stray, range or graze on any ground within the said Province, not actually appropriated or set out to particular persons, shall be lyable to pay any trespass for the same, to us, our heirs or executors: Provided that custom of commons be not thereby pretended to, nor any person hindered from taking up, and appropriating any lands so grazed upon: And that no person doth purposely suffer his cattle to graze on such lands. AND THAT THE PLANTING OF THE SAID PROVINCE MAY BE THE MORE SPEEDILY PROMOTED I. We do hereby grant unto all persons who have already adventured to the said Province of New Caesarea or New Jersey, or shall transport themselves, or servants, before the first day of January, which shall be in the year of our Lord one thousand six-hundred sixty-five, these following proportions, viz: To every freeman that shall go with the first Governor, from the port where he embarques, or shall meet him at the rendezvous he appoints, for the settlement of a plantation there, arm'd with a good musket, bore twelve bullets to the pound, with ten pounds of powder, and twenty pounds of bullets, with bandiliers and match convenient, and with six months provision for his own person arriving there, one hundred and fifty acres of land English measure; and for every able servant that he shall carry with him, arm'd and provided as aforesaid, and arriving there, the like quantity of one hundred and fifty acres English measure: And whosoever shall send servants at that time, shall have for every man servant he or she shall send, armed and provided as aforesaid, and arrive there, the like quantity of one hundred and fifty acres: And for every weaker servant. or slave, male or female, exceeding the age of fourteen years, which any one shall send or carry, arriving there, seventy-five acres of land: And for every Christian servant, exceeding the age aforesaid, after the expiration of their time of service, seventy-five acres of land for their own use. II. ITEM. To every master or mistress that shall go before the first day of January, which shall be in the year one thousand six hundred sixty-five; one hundred and twenty acres of land. And for every able man servant, that he or she shall carry or send, arm'd and provided as aforesaid, and arriving within the time aforesaid, the like quantity of one hundred and twenty acres of land: And for every weaker servant or slave, male or female, exceeding the age of fourteen years, arriving there, sixty acres of land: And to every Christian servant to their own use and behoof sixty acres of land. III. ITEM. To every free man and free woman that shall arrive in the said Province, arm'd and provided as aforesaid, within the second year, from the first day of January 1665 to the first day of January one thousand six hundred sixty-six, with an intention to plant, ninety acres of land English measure: And for every man servant that he or she shall carry or send, armed and provided as aforesaid, ninety acres of land of like measure. IV. ITEM. For every weaker servant or slave, aged as aforesaid, that shall be so carried or sent thither within the second year, as aforesaid, forty-five acres of land of like measure: And to every Christian servant that shall arrive the second year, forty-five acres of land of like after the expiration of his or their time of service, for their own use and behoof. V. ITEM. TO every free man and free woman, armed and provided as aforesaid, that shall go and arrive with an intention to plant, within the third year from January 1666 to January 1667, armed and provided as aforesaid, threescore acres of land of like measure: And for every able man servant, that he or she shall carry or send within the said time, armed and provided as aforesaid, the like quantity of threescore acres of land. And for every weaker servant or slave, aged as aforesaid, that he or she shall carry or send within the third year, thirty acres of land: And to every Christian servant so carried or sent in the third year, thirty acres of land of like measure, after the expiration of their time of service. All which land, and all other that shall be possessed in the said Province, are to be held on the same terms and conditions as is before mentioned, and as hereafter in the following paragraphs is more at large express'd. Provided always, that the before mentioned land and all other whatsoever, that shall be taken up and so settled in the said Province, shall afterward from time to time for the space of thirteen years from the date hereof, be held upon the conditions aforesaid, continuing one able man servant or two such weaker servants as aforesaid, on every hundred acres a master or mistress shall possess, besides what was granted for his or her own person: In failure of which upon other disposure to the present occupant, or his assigns, there shall be three years given to such for their compleating the said number of persons, or for their sale or dispositions of such part of their lands as are not so people'd within such time of three years. If any such person holding any land shall fail by himself his agents, executors or assigns, or some other way to provide such number of persons, unless the General Assembly shall without respect to poverty, judge it was impossible for the party so failing, to keep or procure his or her member of servants to be provided as aforesaid; in such case we the Lords to have power of disposing of so much of such land as shall not he planted with its due number of persons as aforesaid, to some others that will plant the same. Provided always, That no person arriving in the said Province, with purpose to settle (they being subjects or naturalized as aforesaid) be denied a grant of such proportions of land as at the time of their arrival that are due to themselves or servants, by concession from us as aforesaid; but have full licence to take up and settle the same, in such order and manner as is granted or prescrib'd. All lands (notwithstanding the Lowers in the Assembly aforesaid) shall be taken up by warrant from the Governor and confirm'd by the Governor and Council, under a seal to be provided for that purpose, in such order and method as shall be set down in this declaration, and more at large in the instruction to the Governors, and Council. AND THAT THE LANDS MAY BE THE MORE REGULARLY LAID OUT AND ALL PERSONS THE BETTER ASCERTAIN'D OF THEIR TITLE AND POSSESSION I. The Governor and Council and General Assembly (if any be) are to take care and direct, that all lands be divided by general lots, none less than two thousand one hundred acres, nor more than twenty one thousand acres in each lot, excepting cities, towns, &c. and the near lots of townships; and that the same be divided into seven parts, one seventh part to us, our heirs and assigns; the remainder to persons as they come to plant the same, in such proportions as is allowed. II. ITEM. That the Governor, or whom he shall depute, in case of death or absence, if some be not before commissionated by us as aforesaid, do give to every person to whom land is due, a warrant sign'd and seal'd by himself, and the major part of his Council, and directed to the Surveyor General, or his deputy, commanding him to lay out, limit and bound acres of land, as his due proportion, is for such a person, in such allotment, according to the warrant; the Register having first recorded the same, and attested the record upon warrant; The Surveyor General, or his deputy, shall proceed and certify to the chief Secretary or Register, the name of the person for whom he hath laid out land, by virtue of what authority, the date of the authority or warrant, the number of acres, the bounds, and on what point of the compass the several limits thereof lye; which certificate the Register is likewise to enter in a book to be prepared for that purpose, with an alphebettical table, referring to the book, that so the certificate may be the easier found; and then to file the certificates, and the same to keep safely: The certificate being entered, a warrant comprehending all the particulars of land mentioned in the certificate aforesaid, is to be signed and sealed by him and his Council, or the major part of them as aforesaid, they having seen the entry and directed to the Register or chief Secretary for his preparing a grant of the land to the party for whom it is laid out, which grant shall be in the form following, viz. The Lords proprietors of the Province of New Caesarea or New Jersey, do hereby grant unto A. B. of the in the Province aforesaid, a plantation containing acres English measure, bounded (as in the certificate) to hold to him or her, his or her heirs or assigns for ever, yielding and paying yearly to the said Lords Proprietors, their heirs or assigns, every fifth and twentieth day of March, according to the English account, one halfpenny of lawful money of England, for every of the said acres, to be holden of the manner of East-Greenwich, in free and common soccage; the first payment of which rent to begin the five and twentieth day of March, which shall be. in the year of our Lord one thousand six hundred and seventy, according to the English account. Given under the seal of the said province the day of _____________ In the year of our lord 166__ To which instrument the Governor or his deputy hath hereby full power to put the seal of the said Province, and to subscribe his name, as also the Council, or the major part of them, are to subscribe their names; and then the instrument or grant is to be by the Register recorded in a book of records for that purpose; all which being done according to those instructions we hereby declare, that the same shall be effectual in law for the enjoyment of the said plantation, and all the benefits and profits and in the same (except the half part of mines of gold and silver) paying the rents as aforesaid: Provided, that if any plantation so granted, shall by the space of three years be neglected to be planted with a sufficient number of servants, as is before mentioned, that then it shall be lawful for us otherwise to dispose thereof, in whole or in part, this grant notwithstanding. III. ITEM. We do also grant convenient proportions of land for highways and for streets, not exceeding one hundred foot in breadth in cities, towns and vilages, &c. and for churches, forts, wharfs, keys, harbours and for publick houses; and to each parish for the use of their ministers two hundred acres, in such places as the General Assembly shall appoint. IV. ITEM. The Governor is to take notice, that all such lands laid out for the uses and purposes aforesaid, in the next proceeding article, shall be free and exempt from all rents, taxes and other charges and duties whatsoever, payable to us, our heirs or assigns. V. ITEM. That in laying out lands for cities, towns, vilages, boroughs, or other hamblets, the said lands be divided into seven parts; one seventh part whereof to be by lot laid out for us, and the rest divided to such as shall be willing to build thereon, they paying after the rate of one penny or half-penny per acre (according to the value of the land) yearly to us, as for their other lands as aforesaid; which said lands in cities, towns, &c. is to be assured to each possessor by the same way and instrument as is before mentioned. VI. ITEM. That all rules relating to the building of each street, or quantity of ground to be allotted to each house within the said respective cities, boroughs and towns, be wholly left by act as aforesaid, to the wisdom and discretion of the General Assembly. VII. ITEM. That the inhabitants of the said Province have free passage thro' or by any seas, bounds, creeks, rivers or rivelets, tic. in the said Province, thro' or by which they must necessarily pass to come from the main ocean to any part of the Province aforesaid. VIII. Lastly. It shall be lawful for the representatives of the Freeholders, to make any address to the Lords touching the Governor and Council, or any of them, or concerning any grievances whatsoever, or for any other thing they shall desire, without the consent of the Governor and Council, or any of them. Given under our seal of our said Province the tenth day of February in the year of our Lord one thousand six hundred sixty and four. JOHN BERKELEY G. CARTERET Source: https://avalon.law.yale.edu/17th_century/nj02.asp

  • Charter of Rhode Island and Providence Plantations

    Charter of Rhode Island and Providence Plantations July 15, 1663 CHARLES THE SECOND, by the grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, &c., to all to whome these presents shall come, greeting: Whereas wee have been informed, by the humble petition of our trustie and well beloved subject, John Clarke, on the behalf of Benjamine Arnold, William Brenton, William Codington, Nicholas Easton, William Boulston, John Porter, John Smith, Samuell Gorton, John Weeks, Roger Williams, Thomas Olnie, Gregorie Dexter, John Cogeshall, Joseph Clarke, Randall Holden, John Greene, John Roome, Samuell Wildbore, William Ffield, James Barker, Richard Tew, Thomas Harris, and William Dyre, and the rest of the purchasers and ffree inhabitants of our island, called Rhode-Island, and the rest of the colonie of Providence Plantations, in the Narragansett Bay, in New-England, in America, that they, pursueing, with peaceable and loyall minces, their sober, serious and religious intentions, of goalie edifieing themselves, and one another, in the holie Christian ffaith and worshipp as they were perswaded; together with the gaineing over and conversione of the poore ignorant Indian natives, in those partes of America, to the sincere professione and obedienc of the same ffaith and worship, did, not onlie by the consent and good encouragement of our royall progenitors, transport themselves out of this kingdome of England into America, but alsoe, since their arrivall there, after their first settlement amongst other our subjects in those parts, Nor the avoideing of discorde, and those manic evills which were likely to ensue upon some of those oure subjects not beinge able to beare, in these remote parties, theire different apprehensiones in religious concernements, and in pursueance of the afforesayd ends, did once againe leave theire desireable stationies and habitationes, and with excessive labour and travell, hazard and charge, did transplant themselves into the middest of the Indian natives, who, as wee are informed, are the most potent princes and people of all that country; where, by the good Providence of God, from whome the Plantationes have taken their name, upon theire labour and industrie, they have not onlie byn preserved to admiration, but have increased and prospered, and are seized and possessed, by purchase and consent of the said natives, to their ffull content, of such lands, islands, rivers, harbours and roades, as are verie convenient, both for plantationes and alsoe for buildings of shipps, suplye of pypestaves, and other merchandise; and which lyes verie commodious, in manic respects, for commerce, and to accommodate oure southern plantationes, and may much advance the trade of this oure realme, and greatlie enlarge the territories thereof; they haveinge, by neare neighbourhoode to and friendlie societie with the greate bodie of the Narragansett Indians, given them encouragement, of theire owne accorde, to subject themselves, theire people and lances, unto us; whereby, as is hoped, there may, in due tyme, by the blessing of God upon theire endeavours, bee layd a sure ffoundation of happinesse to all America: And whereas, in theire humble addresse, they have ffreely declared, that it is much on their hearts (if they may be permitted), to hold forth a livlie experiment, that a most flourishing civill state may stand and best bee maintained, and that among our English subjects. with a full libertie in religious concernements; and that true pietye rightly grounded upon gospell principles, will give the best and greatest security to sovereignetye, and will lay in the hearts of men the strongest obligations to true loyaltye: Now know bee, that wee beinge willinge to encourage the hopefull undertakeinge of oure sayd lovall and loveinge subjects, and to secure them in the free exercise and enjovment of all theire civill and religious rights, appertaining to them, as our loveing subjects; and to preserve unto them that libertye, in the true Christian ffaith and worshipp of God, which they have sought with soe much travaill, and with peaceable myndes, and lovall subjectione to our royall progenitors and ourselves, to enjoye; and because some of the people and inhabitants of the same colonie cannot, in theire private opinions, conforms to the publique exercise of religion, according to the litturgy, formes and ceremonyes of the Church of England, or take or subscribe the oaths and articles made and established in that behalfe; and for that the same, by reason of the remote distances of those places, will (as wee hope) bee noe breach of the unitie and unifformitie established in this nation: Have therefore thought ffit, and doe hereby publish, graunt, ordeyne and declare, That our royall will and pleasure is, that noe person within the sayd colonye, at any tyme hereafter, shall bee any wise molested, punished, disquieted, or called in question, for any differences in opinione in matters of religion, and doe not actually disturb the civill peace of our sayd colony; but that all and everye person and persons may, from tyme to tyme, and at all tymes hereafter, freelye and fullye have and enjoye his and theire owne judgments and consciences, in matters of religious concernments, throughout the tract of lance hereafter mentioned; they behaving themselves peaceablie and quietlie, and not useing this libertie to lycentiousnesse and profanenesse, nor to the civill injurye or outward disturbeance of others; any lawe, statute, or clause, therein contayned, or to bee contayned, usage or custome of this realme, to the contrary hereof, in any wise, notwithstanding. And that they may bee in the better capacity to defend themselves, in theire just rights and libertyes against all the enemies of the Christian ffaith, and others, in all respects, wee have further thought fit, and at the humble petition of the persons aforesayd are gratiously pleased to declare, That they shall have and enjoye the benefist of our late act of indempnity and ffree pardon, as the rest of our subjects in other our dominions and territoryes have; and to create and make them a bodye politique or corporate, with the powers and priviledges hereinafter mentioned. And accordingely our will and pleasure is, and of our especiall grace, certaine knowledge, and meere motion, wee have ordeyned, constituted and declared, and by these presents, for us, our heires and successors, doe ordeyne, constitute and declare, That they, the sayd William Brenton, William Codington, Nicholas Easton, Benedict Arnold, William Boulston, John Porter, Samuell Gorton, John Smith, John Weekes, Roger Williams, Thomas Olneye, Gregorie Dexter, John Cogeshall, Joseph Clarke, Randall Holden, John Greene, John Roome, William Dyre, Samuell Wildbore, Richard Tew, William Ffeild, Thomas Harris, James Barker, Rainsborrow,- Williams, and John Nicksonj and all such others as now are, or hereafter shall bee admitted and made ffree of the companv and societie of our collonie of Providence Plantations, in the Narragansett Bay, in New England, shall bee, from tyme to tyme, and forever hereafter, a bodie corporate and politique, in fact and name, by the name of The Governor and Company of the English Colony of Rhode-Island and Providence Plantations, in New-England, in America; and that, by the same name, they and their successors shall and may have perpetuall succession, and shall and may bee persons able and capable, in the lawe, to sue and bee sued, to pleade and be impleaded, to answeare and bee answeared unto, to defend and to be defended, in all and singular suites, causes, quarrels, matters, actions and thinges, of what kind or nature soever; and alsoe to have, take, possessej acquire and purchase lands, tenements or hereditaments, or any goods or chattels, and the same to lease, graunt, demise, aliene, bargaine, sell and dispose of, at their owne will and pleasure, as other our liege people of this our realme of England, or anie corporation or bodie politique within the same, may be lawefully doe: And further, that they the sayd Governor and Company, and theire successors, shall and may, forever hereafter, have a common scale, to serve and use for all matters, causes, thinges and affaires, whatsoever, of them and their successors; and the same scale to alter, change, breake, and make new, from tyme to tyme, at their will and pleasure, as they shall thinke bitt. And farther, wee will and ordeyne, and by these presents, for us, oure heires and successours, doe declare and apoynt that, for the better ordering and managing of the adaires and business of the sayd Company, and theire successours, there shall bee one Governour, one Deputie-Governour and ten Assistants, to bee from tyme to tyme, constituted, elected and chosen, out of the freemen of the sayd Company, for the tyme beinge, in such manner and fforme as is hereafter in these presents expressed; which sayd officers shall aplye themselves to take care for the best disposeinge and orderings of the generall businesse and adaires of, and concerneinge the lances and hereditaments hereinafter mentioned, to be graunted, and the plantation thereof' and the government of the people there. And for the better execution of oure royall pleasure herein, wee doe, for us, oure heires and successours, assign, name, constitute and apoynt the aforesayd Benedict Arnold to bee the first and present Governor of the sayd Company, and the sayd William Brenton, to bee the Deputy-Governor, and the sayd William Boulston, John Porter, Roger Williams, Thomas Olnie, John Smith, John Greene, John Cogeshall, James Barker, William Ffeild, and Joseph Clarke, to bee the tenn present Assistants of the sayd Companye, to continue in the sayd severall offices, respectively, untill the first Wednesday which shall bee in the month of May now next comeing. And farther, wee will, and by these presents, for us, our heires and successessours, doe ordeyne and graunt, that the Governor of the sayd Company, for the tyme being, or, in his absence, by occasion of sicknesse, or otherwise, by his leave and permission, the Deputy-Governor, Ror the tyme being, shall and may, ffrom tyme to tyme, upon all occasions, give order Ror the assemblinge of the sayd Company and callinge them together, to consult and advise of the businesse and affaires of the sayd Company. And that forever hereafter, twice in every year, that is to say, on every first Wednesday in the month of May, and on every last Wednesday in October, or oftener, in case it shall bee requisite, the Assistants, and such of the ffreemen of the Company, not exceedings six persons For Newport, doure persons ffor each of the respective townes of Providence, Portsmouth and Warwicke, and two persons for each other place, towne or city, whoe shall bee, from tyme to tyme, thereunto elected or deputed by the majour parte of the ffreemen of the respective townes or places For which they shall bee so elected or deputed, shall have a generall meetings or Assembly then and there to consult, advise and determine, in and about the affaires and businesse of the said Company and Plantations. And farther, wee doe, of our especiall grace, certayne knowledge, and meere motion, give and graunt unto the sayd Governour and Company of the English Colonie of Rhode-lsland and Providence Plantations, in New-England, in America, and theire successours, that the Governour, or, in his absence, or, by his permission, the Deputy-Governour of the sayd Company, for the tyme beinge, the Assistants, and such of the Freemen of the sayd Company as shall bee soe as aforesayd elected or deputed, or soe many of them as shall bee present aft such meetinge or assemblye, as aBoresayde, shall bee called the Generall Assemblye; and that they, or the greatest parte of them present, whereof the Governour or Deputy-Governour, and sixe of the Assistants, at least to bee seven, shall have, and have hereby given and graunted unto them, ffull power authority, Prom tyme tyme, and at all tymes hereafter, to apoynt, alter and change, such dayes, tymes and places of meetinge and Generall Assemblye, as theye shall thinke ffitt; and to choose, nominate, and apoynt, such and soe manye other persons as they shall thinke ffitt, and shall be willing to accept the same, to bee Free of the sayd Company and body politique, and them into the same to admits; and to elect and constitute such offices and officers, and to graunt such needfull commissions, as they shall thinke Ott and requisite, ffor the ordering, managing and dispatching of the affaires of the sayd Governour and Company, and their successours; and from tyme to tyme, to make, ordeyne, constitute or repeal, such lawes statutes, orders and ordinances, fformes and ceremonies of government and magistracye as to them shall seeme meete for the good nad wellfare of the sayd Company, and ffor the government and ordering of the lances and hereditaments, hereinafter mentioned to be graunted, and of the people that doe, or aft any tyme hereafter shall, inhabitt or bee within the same; soe as such lawes, ordinances and constitutiones, soe made, bee not contrary and repugnant unto, butt, as neare as may bee, agreeable to the lawes of this our realme of England, considering the nature and constitutions of the place and people there; and alsoe to apoynt, order and direct, erect and settle, such places and courts of jurisdiction, ffor the heareinge and determillinge of all actions, cases, matters and things, happening within the sayd collonie and plantations, and which shall be in dispute, and depending there, as they shall thinke ffit; and alsoe to distinguish and sett forth the severall names and titles, duties, powers and limitts, of each court, office and officer, superior and inferior; and alsoe to contrive and apoynt such formes of oaths and attestations, not repugnant, but, as neare as may bee, agreeable, as aforesayd, to the lawes and statutes of this oure realme, as are conveniente and requisite, with respect to the due administration of justice, and due execution and discharge of all offices and places of trust by the persons that shall bee therein concerned; and alsoe to regulate and order the wave and manner of all elections to offices and places of trust, and to prescribe, limits and distinguish the numbers and bounces of all places, townes or cityes, within the limitts and bounds herein after mentioned, and not herein particularlie named, who have, and shall have, the power of electing and sending of ffreemen to the sayd Generall Assembly; and alsoe to order, direct and authorize the imposing of lawfull and reasonable Dynes, mulcts, imprisonments, and executing other punishments pecuniary and corporal, upon offenders and delinquents, according to the course of other corporations within this oure kingdom of England; and agayne to alter, revoke, annull or pardon, under their common scale or otherwyse, such Dynes, mulcts, imprisonments, sentences, judgments and condemnations, as shall bee thought Bitt; and to direct, rule, order and dispose of, all other matters and things, and particularly that which relates to the makinge of purchases of the native Indians, as to them shall seeme meete; wherebv oure sayd people and inhabitants, in the sayd Plantationes, may be soe religiously, peaceably and civilly governed, as that, by theire good life and orderlie conversations, they may win and invite the native Indians of the countrie to the knowledge and obedience of the onlie true God, and Saviour of mankinde; willing, commanding and requireing, and by these presents, for us, oure heires and successours, ordeyneing and apoynting, that all such [awes, statutes, orders and ordinances, instructions, impositions and directiones, as shall bee soe made by the Governour, deputye-Governour, Assistants and Freemen. Or such number of them as aforesayd, and published in writinge, under theire common scale, shall bee carefully and duely observed, kept, performed and putt in execution, accordinge to the true intent and meaning of the same. And these our letters patent, or the duplicate or exemplificationon thereof, shall bee to all and everie such officer, superiour or inferiour, From tyme to tyme, for the putting of the same orders, lawes, statutes, ordinances, instructions and directions, in due execution, against us, oure heires and successours, a sufficient warrant and discharge. And further, our will and pleasure is, and wee doe hereby, for US, oure heires and successours, establish and ordeyne, that yearelie, once in the yeare, forever hereafter, namely, the aforesayd Wednesday in May, and at the towne of Newport, or elsewhere, if urgent occasion doe require, the Governour, Deputy-Governour and Assistants of the sayd Company, and other officers of the sayd Company, or such of them as the Generall Assemblye shall thinke Bitt, shall bee, in the sayd Generall Court or Assembly to bee held from that daye or tyme, newely chosen for the year ensuring, by such greater part of the sayd Company, for the tyme beinge, as shall bee then and there present; and if itt shall happen that the present Governour, Deputy-Governour and Assistants, bv these presents apoynted, or any such as shall hereafter be newly chosen into their roomes, or any of them, or any other the officers of the sayd Company, shall die or bee removed From his or their severall offices or places, before the sayd generall day of election, (whom wee doe hereby declare, for any misdemeanour or default, to be removeable by the Governour, Assistants and Company, or such greater parte of them, in any of the sayd publique courts, to bee assembled as aforesayd), that then, and in every such case, it shall and may bee lawfull to and ffor the sayd Governour, Deputy-Governour, Assistants and Company aforesayde, or such greater parte of them, soe to bee assembled as is aforesayde, in any theire assemblyes, to proceede to a new election of one or more of their Company, in the roome or place, roomes or places, of such officer or officers, soe dyeinge or removed, according to theire discretiones; and immediately upon and after such elections or elections made of such Governour, Deputy-Governour or Assistants, or any other officer of the sayd Company, in manner and forme aforesayde, the authoritie, office and power, before given to the fformer Governour, Deputy-Governour, and other officer and officers, soe removed, in whose steade and place new shall be chosen, shall, as to him and them, and every of them, respectively, cease and determine: Provided, allwayes, and our will and pleasure is, that as well such as are by these presents apoynted to bee the present Governour, Deputy-Governour and Assistants, of the sayd Company, as those that shall succeede them, and all other officers to bee apoynted and chosen as aforesayde, shall, before the undertakeinge the execution of the sayd offices and places respectively, give theire solemn engagement, by oath, or otherwyse, for the due and faythfull perfonnance of theire duties in their severall offices and places, before such person or persons as are by these presents hereafter apoynted to take and receive the same, that is to say: the sayd Benedict Arnold, whoa is hereinbefore nominated and apoynted the present Governour of the sayd Company, shall give the aforesayd engagement before William Brenton, or any two of the sayd Assistants of the sayd Company; unto whome, wee doe by these presenter give Bull power and authority to require and receive the same; and the sayd William Brenton, whoe is hereby before nominated and apoynted the present DeputyGovernour of the sayd Company, shall give the aforesaved engagement before the sayd Benedict Arnold, or any two of the Assistants of the sayd Company; unto whome wee doe by these presents give ffull power and authority to require and receive the same; and the sayd William Boulston, John Porter, Roger Williams, Thomas Olneye, John Smith, John Greene, John Cogeshall, James Barker, William Ffeild, and Joseph Clarke, whoe are hereinbefore nominated apoynted the present Assistants of the sayd Company, shall give the sayd engagement to theire offices and places respectively belongeing, before the sayd Benedict Arnold and William Brenton, or one of them; to whome, respectively wee doe hereby give dull power and authority to require, administer or receive the same: and further, our will and pleasure is. that all and every other future Governour or Deputy-Governour, to bee elected and chosen by vertue of these presents, shall give the sayd engagement before two or more of the sayd Assistants of the sayd Company ffor the tyme beinge; unto whome wee doe by these presents give full power and authority to require, administer or receive the same; and the sayd Assistants, and every of them, and all and every other officer or officers to bee hereafter elected and chosen by vertue of these presents, from tyme to tyme, shall give the like engagements, to their offices and places respectively belonging bofere the Governour or Deputy-Governour for the tyme being; unto which sayd Governour, or Deputy-Governour, wee doe by these presents give full power and authority to require, administer or receive the same accordingly. And wee doe likewise, for vs, oure heires and successours, give and graunt vnto the sayd Governour and Company and theire successours by these presents, that, for the more peaceable and orderly Government of the sayd Plantations, it shall and may bee lawfull ffor the Governour, Deputy-Governor, Assistants, and all other officers and ministers of the sayd Company, in the administration of justice, and exercise of government, in the sayd Plantations, to vse, exercise, and putt in execution, such methods, rules, orders and directions, not being contrary or repugnant to the laws and statutes of this oure realme, as have byn heretofore given, vsed and accustomed, in such cases respectively, to be putt in practice, untill att the next or some other Generall Assembly, special provision shall be made and ordeyned in the cases aforesayd. And wee doe further, for vs. oure heroes and successours, give and graunt vnto the sayd Governour and Company, and theire successours, by these presents, that itt shall and may bee lawfull to and for the sayd Governour, or in his absence, the Deputy-Governour, and majour parte of the sayd Assistants, for the tyme being, aft any tyme when the sayd Generall Assembly is not sitting, to nominate, apoynt and constitute, such and soe many commanders, governours, and military officers, as to them shall seeme requisite, for the leading, conductinge and travneing vpp the inhabitants of the sayd Plantations in martiall afiaires, and for the defence and safeguard of the sayd Plantations; and that itt shall and may bee lawfull to and for all and every such commander, governour and military officer, that shall bee soe as aforesayd, or by the Governour. or, in his absence, the Deputy-Governour, and six of the sayd Assistants, and majour parte of the Freemen of the sayd Company present att any Generall Assemblies, nominated, apoynted and constituted accordinge to the tenor of his and theire respective commissions and directions, to assemble, exercise in arms, martiall array, and putt in warlyke posture, the inhabitants of the sayd collonie, For theire speciall defence and safety; and to lead and conduct the sayd inhabitants, and to encounter, expulse, expell and resist, by force of armes, as well by sea as by lance; and alsoe to kill, slay and destroy, by all fitting wayes, enterprises and meaner, whatsoever, all and every such person or persons as shall, aft any tyme hereafter, attempt or enterprize the destruction, invasion, detriment or annoyance of the sayd inhabitants or Plantations; and to vse and exercise the lawe martialI in such cases only as occasion shall necessarily require; and to take or surprise, by all wayes and meanes whatsoever, all and every such person and persons, with theire shipp or shipps, armor, ammunition or other goods of such persons, as shall, in hostile manner, invade or attempt the defeating of the sayd Plantations, or the hurt of the sand Company and inhabitants; and vpon just causes, to invade and destroy the native Indians, or other enemyes of the sayd Collony. Neverthelesse, our will and pleasure is, and wee doe hereby declare to the rest of oure Collonies in New England, that itt shall not bee lawefull ffor this our sayd Collony of Rhode-Island and Providence Plantations, in America, in New-England, to invade the natives inhabiting within the bounces and limitts of theire sayd Collonies without the knowledge and consent of the sand other Collonies. And itt is hereby declared, that itt shall not bee lawfull to or ffor the rest of the Collonies to invade or molest the native Indians, or any other inhabittants, inhabiting within the bounds and lymitts hereafter mentioned (they having subjected themselves vnto vs. and being by vs taken into our speciall protection), without the knowledge and consent of the Governour and Company of our Collony of Rhode-Island and Providence Plantations. Alsoe our will and pleasure is, and wee doe hereby declare unto all Christian Kings, Princes and States, that if any person, which shall hereafter bee of the sayd Company or Plantations, or any other, by apoyntment of the sayd Governour and Company for the tyme beinge, shall at any tyme or tymes hereafter, rob or spoyle, by sea or land, or do any hurt, unlawfull hostillity to any of the subjects of vs, oure heires or successours, or any of the subjects of any Prince or State, beinge then in league with vs, oure heires, or successours, vpon complaint of such injury done to any such Prince or State, or theire subjects, wee, our hearer and successours, will make open proclamation within any parts of oure realme of England, ffitt ffor that purpose, that the person or persons committing any such robbery or spoyle shall, within the tyme 1ymitted by such proclamation, make full restitution or satisfaction of all such injuries, done or committed, soe as the sayd Prince, or others soe complaineinge, may bee fully satisfyed and contented; and if the sayd person or persons whoe shall commits any such robbery or spoyle shal1 not make satvsfaction, accordingly, within such tyme, soe to bee lymitted, that then wee, oure heires and successours, will putt such person or persons out of oure allegiance and protection; and that then itt shall and may bee lawefull and Tree ffor all Princes or others to prosecute, with hostillity, such offenders, and every of them, theire and every of theire procurers, adders, abettors and counsellors, in that behalfa; Provided alsoe, and oure expresse will and pleasure is, and wee doe, by these presents, For vs. our heirs and successours, ordeyne and apoynt, that these presents shall not, in any manner, hinder any of oure lovinge subjects, whatsoever, ffrom vseing and exercising the trade of ffishing vpon the coast of New-England, in America; butt that they, and every or any of them, shall have ffull and ffree power and liberty to continue and vse the trade of ffishing vpon the sayd coast, in an of the seas thereunto adjoyninge, or-any armes of the seas, or salt water, rivers and creeks, where they have been accustomed to ffish; and to build and to sett upon the waste land, belonginge to the sayd Collony and Plantations, such wharfes, stages and worke-houses as shall be necessary for the salting, drying and keepeing of theire dish, to be taken or gotten upon that coast. And ffurther, for the encouragement of the inhabitants of our sayd Collony of Providence Plantations to sett vpon the businesse of takeing whales, itt shall bee lawefull For them, or any of them, having struck whale, dubertus, or other greate ffish, itt or them, to pursue unto any parte of that coaste, and into any bay, river, cove, creeke or shoare, belonging thereto, and itt or them, vpon sayd coaste, or in the sand bay, river, cove, creeke or shoare, belonging thereto, to kill and order for the best advantage, without molestation, they makeing noe wilfull waste or spoyle, any thinge in these presents conteyned, or any other matter or thing, to the contrary notwithstanding. And further alsoe, wee are gratiously pleased, and doe hereby declare, that if any of the inhabitants of oure sayd Collony doe sett upon the plantings of vineyards (the soyle and clymate both seemeing naturally to coneurr to the production of wynes), or bee industrious in the discovery of ffishing banks, in or about the sayd Collony, wee will, ffrom tyme to tyme, give and allow all due and fitting encouragement therein, as to others in cases of tyke nature. And further, of oure more ample grace, certayne knowledge, and meere motion, wee have given and graunted,. and by these presents, ffor vs. oure heires and successours, doe Five and graunt vnto the sayd Governour and Company of the English Collony of Rhode-Island and Providence Plantations, in the Narragansett Bay, in New-England in America, and to every inhabitant there, and to every person and persons trading thither, and to every such person or persons as are or shall bee Tree of the sayd Collony, full power and authority, from tyme to tyme, and aft all tymes hereafter, to take, shipp, transport and carry away, out of any of our realmes and dominions for and towards the plantation and defence of the sayd Collony, such and soe many of oure loveing subjects and strangers as shalt or will willingly accompany them in and to their sayd Collony and Plantation; except such person or persons as are or shall be therein restrained by vs. oureheires and successours, or any law or statute of this realme: and also to shipp and transport all and all manner of goods, chattels, merchandises, and other things whatsoever, that are or shall bee vsefull or necessary ffor the sayd Plantations, and defence thereof, and vsually transported, and nott prohibited by any lawe or statute of this our realme; yielding and paying vnto vs. our heires and successours, such the rluties, customes and subsidies, as are or ought to bee payd or payable for the same. And ffurther, our will and pleasure is, and wee doe, For us, our heires and successours, ordeyn, declare and graunt, vnto the sayd Governour and Company, and their successours, that all and every the subjects of vs. our heires and successours, which are already planted and settled within our sayd Collony of Providence Plantations, or which shall hereafter Roe to inhabit within the sayd Collony' and all and every of theire children, which have byn borne there, or which shall happen hereafter to bee borne there, or on the sea, goeing thither, or retourneing from thence, shall have and enjoye all libertyes and immunityes of fires and naturall subjects within any the dominions of vs. our heires or successours, to all intents, constructions and purposes, whatsoever, as if they, and every of them, were borne within the realme of England. And ffurther, know ye, that wee, of our more abundant grace, certain knowledge and meere motion, have given, graunted and confirmed, and, by these presents, for vs. our heires and successours, doe give, graunt and confirms, vnto the sayd Governour and Company, and theire successours, all that parte of Our dominiones in New-England, in America, conteyneing the Nahantick and Nanhyganset Bay, and countryes and partes adjacent, bounded on the west, or westerly, to the middle or channel of a river there, commonly called and known by the name of Pawcatuck, alias Pawcawtuck river, and soe along the sayd river, as the greater or middle streame thereof reacheth or lyes vpp into the north countrye, northward, unto the head thereoof, and from thence, by a streight lyne drawn due north, vntill itt meets with the south lyne of the Massachusetts Collonie; and on the north, or northerly, by the aforesayd south or southerly lyne of the Massachusettes Collony or Plantation, and extending towards the east, or eastwardly, three English miles to the east and north-east of the most eastern and north-eastern parts of the aforesayd Narragansett Bay, as the sayd bay lyeth or extendeth itself from the ocean on the south, or southwardly, vnto the mouth of the river which runneth towards the towne of Providence, and from thence along the eastwardly side or banke of the sayd river (higher called by the name of Seacunck river), vp to the ffalls called Patuckett ffalls, being the most westwardly lyne of Plymouth Collony, and soe from the sayd Balls, in a streight lyne, due north, untill itt meete with the aforesayd line of the Massachusetts Collony; and bounded on the south by the ocean: and, in particular, the lands belonging to the townes of Providence, Pawtuxet, Warwicke; Misquammacok, alias Pawcatuck, and the rest vpon the maine land in the tract aforesayd, together with Rhode-Island, Blocke-Island, and all the rest of the islands and banks in the Narragansett Bay, and bordering vpon the coast of the tract aforesayd (Ffisher's Island only excepted), together with all firme lands, soyles, grounds, havens. ports rivers, waters, ffishings, mines royall, and all other mynes, mineralls, precious stones, quarries, woods, wood-grounds, rocks' slates, and all and singular other commodities, jurisdictions, royalties, priviledges, franchises, preheminences and hereditaments, whatsoever, within the sayd tract, bounds, lances, and islands, aforesayd, or to them or any of them belonging, or in any wise appertaining: to have and to hold the same, Into the sayd Governour and Companv, and their successours, forever, vpon trust, for the vse and benefit of themselves and their associates, ffreemen of the sayd Collony, their heires and assignas, to be holden of vs. our heires and successours, as of the Mannor of East-Greenwich, in our county of Kent, in free and comon soccage, and not in capite, nor by knight service; Wilding and paying therefor, to vs. our heires and successours, only the Fifth part of all the oare of Fold and silver which, from tyme to tyme, and att all tymes hereafter, shall bee there gotten, had or obtained, in lieu and satisfaction of all services, duties, Dynes, forfeitures, made or to be made, claimes and demands, whatsoever, to bee to vs. our heires or successours, therefor or thereout rendered, made or paid; any graunt, or clause in a late graunt, to the Governour and Company of Connecticutt Colony, in America, to the contrary thereof in any wise notwithstanding; the aforesavd Pawcatuck river haven byn yielded, after much debate, for the fixed and certain bounces betweene these our sayd Colonies, by the agents thereof; w hoe have alsoe agreed, that the sayd Pawcatuck river shall bee alsoe called alias Norrogansett or Narrogansett river; and to prevent future disputes, that otherwise might arise thereby, forever hereafter shall bee construed, deemed and taken to bee the Narragansett river in our late Irrupt to Connecticutt (colony mentioned as the easterly bounds of that Colony. And further, our will and pleasure is, that in all matters of publique controversy which may fall out betweene our Colonv of Providence Plantations, and the rest of our Colonies in New-England, lit shall and may bee lawfull to and for the Governour and Company of the sayd Colony of Providence Plantations to make their appeales therein to vs. our heirs and successours. for redresse in such cases, within this our realme of England: and that itt shall bee lawfull to and for the inhabitants of the sayd Colony of Providence Plantations, without let or molestation, to passe and repasse with freedome, into and thorough the rest of the English Collonies, vpon their lawfull and civill occasions, and to converse, and hold commerce and trade, wit: such of the inhabitants of our other English Collonies as shall bee willing to admits them thereunto, they behaveing themselves peaceably among them; any act, clause or sentence, in any of the sayd Collonies provided, or that shall bee provided, to the contrary in anywise notwithstanding. And lastly, wee doe, for vs. our heires and successours, ordeyne and graunt vnto the sayd Governor and Company, and their successours, and by these presents, that these our letters patent shall be firme, good, effectuall and available in all things in the lawe, to all intents, constructions and purposes whatsoever, according to our true intent and meaning hereinbefore declared; and shall bee construed, reputed and adjudged in all cases most favorably on the behalfe, and for the benefit and behoofe, of the sayd Governor and Company, and their successours; although empress mention of the true yearly value or certainty of the premises, or any of them, or of any other gifts or graunts by vs. or by any of our progenitors or predecessors, heretofore made to the sayd Governor and Company of the English Colony of Rhode-Island and Providence Plantations, in the Narragansett Bay, New-England, in America, in these presents is not made, or any statute, act, ordinance, provision. proclamation or restriction, heretofore had, made, enacted ordeyned or provided, or any other matter, cause or thing whatsoever, to the contrary thereof in anywise notwithstanding; In witnes whereof, wee have caused these our letters to bee made patent. Witnes our Selfe att Westminster, the eighth day of July, in the Fifteenth yeare of our reigne. By the King: HOWARD. Source: https://avalon.law.yale.edu/17th_century/ri04.asp

  • Charter of Carolina

    Charter of Carolina - March 24, 1663 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 present shall come: Greeting: 1st. Whereas our right trusty, and right well beloved cousins and counsellors, Edward Earl of Clarendon, our high chancellor of England, and George Duke of Albemarle, master of our horse and captain general of all our forces, our right trusty and well beloved William Lord Craven, John Lord Berkley, our right trusty and well beloved counsellor, Anthony Lord Ashley, chancellor of our exchequer, Sir George Carteret, knight and baronet, vice chamberlain of our household, and our trusty and well beloved Sir William Berkley, knight, and Sir John Colleton, knight and baronet, being excited with a laudable and pious zeal for the propagation of the Christian faith, and the enlargement of our empire and dominions, have humbly besought leave of us, by their industry and charge, to transport and make an ample colony of our subjects, natives of our kingdom of England, and elsewhere within our dominions, unto a certain country hereafter described, in the parts of America not yet cultivated or planted, and only inhabited by some barbarous people, who have no knowledge of Almighty God. 2d. And whereas the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton have humbly besought us to give, grant and confirm unto them and their heirs, the said country, with priviledges and jurisdictions requisite for the good government and safety thereof: Know ye, therefore, that we, favouring the pious and noble purpose of the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, of our special grace, certain knowledge and meer motion, have given, granted atoll confirmed, and by this our present charter, for us, our heirs and successors, do give, grant and confirm unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, Atolls Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, all that territory or tract of ground, scituate, lying and being within our dominions of America, extending from the north end of the island called Lucke island, which lieth in the southern Virginia seas, and within six and thirty degrees of the northern latitude, and to the west as far as the south seas, and so southerly as far as the river St. Matthias, which bordereth upon the coast of Florida, and within one and thirty degrees of northern latitude, and so west in a direct line as far as the south seas aforesaid; together with all and singular ports, harbours, bays, rivers, isles and islets belonging to the country aforesaid; and also all the soil, lands, fields, woods, mountlills, fields, lakes, rivers, bays and islets, scituate or being within the bounds or limits aforesaid, with the fishing of all sorts of fish, whales, sturgeons and all other royal fishes in the sea, bays, islets and rivers within the premises, and the fish therein taken; and moreover all veins, mines, quarries, as well discovered as not discovered, of gold, silver, gems, precious stones, and all other whatsoever, be it of stones, metals, or any other thing whatsoever, found or to be found within the countries, isles and limits aforesaid. 3d. And furthermore, the patronage and advowsons of all the churches and chappels, which as Christian religion shall increase within the country, isles, islets and limits aforesaid, shall happen hereafter to be erected, together with license and power to build and found churches, chappels and oratories, in convenient and fit places, within the said bounds and limits, and to cause them to be dedicated and consecrated according to the ecclesiastical laws of our kingdom of England, together with all and singular the like, and as ample rights, jurisdictions, priviledges, prerogatives, royalties, liberties, immunities and franchises of what kind soever, within the countries, isles, islets and limits aforesaid. 4th. To have, use, exercise and enjoy, and in as ample manner as any bishop of Durham in our kingdom of England, ever heretofore have held, used or enjoyed, or of right ought or could have, use, or enjoy. And them, the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, we do by these presents, for us, our heirs and successors, make, create and constitute the true and absolute Lords Proprietors of the country aforesaid, and of all other the premises; saving always the faith, allegiance and sovereign dominion due to us, our heirs and successors, for the same, and saving also the right, title and interest of all and every our subjects of the English nation, which are now planted within the limits and bounds aforesaid (if any be). To have, hold, possess and enjoy the said country, isles, islets, and all and singular other the premises, to them the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, Sir John Colleton, their heirs and assigns forever, to be holden of us, our heirs and successors, as of our manner of East Greenwich in our county of Kent, in free and common soccage, and not in capite, or by knight service; yielding and paying yearly to us, our heirs and successors, for the same, the yearly rent of twenty marks of lawful money of England, at the feast of All Saints, yearly forever, the first payment thereof to begin and to be made on the feast of All Saints, which shall be in the year of our Lord one thousand six hundred and sixty-five, and also the fourth part of all gold or silver ore, which, within the limits aforesaid, shall from time to time happen to be found. 5th. And that the country, thus by us granted and described, may be dignified by us with as large titles and priviledges as any other part of our dominions and territories in that region, Know ye, that we of our further grace, certain knowledge, and meer motion, have thought fit to erect the same tract of ground, county, and island, into a province, and out of the fulness of our royal power and prerogative, we do, for us, our heirs and successors, erect, incorporate and ordain the same into a province, and call it the Province of Carolina, and so from henceforth will have it called; and forasmuch as we have hereby made and ordained the aforesaid Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, the true lords and proprietors of all the province aforesaid; Know ye, therefore moreover that we, reposing especial trust and confidence in their fidelity, wisdom, justice and provident circumspection, for us, our heirs and successors, do grant full and absolute power, by virtue of these presents, to them the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, and their heirs, for the good and happy government of the said province, to ordain, make, enact, and under their seals to publish any laws whatsoever, either appertaining to the publick state of the said province, or to the private utility of particular persons, according to their best discretion, of and with the advice, assent and approbation of the freemen of the said province, or of the greater part of them, or of their delegates or deputies, whom for enacting of the said laws, when and as often as need shall require, we will that the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, and their heirs, shall from time to time assemble in such manner and form as to them shall seem best, and the same laws duly to execute upon all people within the said province and limits thereof, for the time being, or which shall be constituted under the power and government of them or any of them, either sailing towards the said province of Carolina, or returning from thence towards England, or any other of our, or foreign dominions, by imposition of penalties, imprisonment or any other punishment; yea, if it shall be needful!, and the quality of the oflence requires it, by taking away member and life, either by them, the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, and their heirs, or by them or their deputies, lieutenants, judges, justices, magistrates, officers and members to be ordained or appointed according to the tenor and true intention of these presents; and likewise to appoint and establish any judges or justices, magistrates or officers whatsoever, within the said province, at sea or land, in such manner and form as unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton and their heirs shall seem most convenient; also, to remit, release, pardon and abolish (whether before judgment or after) all crimes and offences whatsoever, against the said laws, and to do all and every other thing and things, which unto the compleat establishment of Justice unto courts, sessions, and forms of judicature and manners of proceedings therein do belong, although in these presents express mention be not made thereof; and by judges and by him or them delegated, to award process, hold pleas, and determine in all the said courts, and places of judicature, all actions, suits and causes whatsoever, as well criminal or civil, real, mixt, personal, or of any other kind or nature whatsoever; which laws, so as aforesaid to be published, our pleasure is, and we do require, enjoin and command, shall be absolute, firm and available in law, and that all the liege people of us, our heirs and successors, within the said province of Carolina, do observe and keep the same inviolably in those parts, so far as they concern them, under the pains and penalties therein expressed, or to be expressed: Provided nevertheless, that the said lavrs be consonant to reason, and as near as may be conveniently, agreeable to the laws and customs of this our kingdom of England. 6th. And because such assemblies of freeholders cannot be so conveniently called, as there may be occasion to require the same, we do, therefore, by these presents, give and grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, by themselves or their magistrates, in that behalf lawfully authorized full power and authority from time to time to make and ordain fit and wholesome orders and ordinances, within the province aforesaid to be kept and observed as well for the keeping of the peace, as for the better government of the people there abiding, and to publish the same to all to whom it may concern; which ordinances, we do by these presents straightly charge and command to be inviolably observed within the said province, under the penalties therein expressed, so as such ordinances be reasonable, and not repugnant or contrary, but as near as may be, agreeable to the laws and statutes of this our kingdom of England, and so as the same ordinances do not extend to the binding, charging, or taking away of the right or interest of any person or persons, in their freehold, goods or chattels whatsoever. 7th. And to the end the said province may be more happily increased, by the multitude of people resorting thither, and may likewise be the more strongly defended from the incursions of salvages and other enemies, pirates and robbers, therefore we, for us, our heirs and successors, do give and grant by these presents, power, license and liberty unto all the liege people of us, our heirs and successors in our kingdom of England or elsewhere, within any other our dominions, islands, colonies or plantations, (excepting those who shall be especially forbidden,) to transport themselves and families unto the said province, with convenient shipping and fitting provisions, and there to settle themselves, dwell and inhabit, any law, statute, act, ordinance, or other thing to the contrary in any wise notwithstanding. And we will also, and of our more special grace, for us, our heirs and successors, do straightly enjoin, ordain, constitute and command, that the said province of Carolina, shall be of our allegiance, and that all and singular the subjects and liege people of us, our heirs and successors, transported or to be transported into the said province, and the children of them and of such as shall descend from them, there born or hereafter to be born, be and shall be denizens and lieges of us, our heirs and successors of this our kingdom of England, and be in all things held, treated, and reputed as the liege faithful people of us, our heirs and successors, born within this our said kingdom, or any other of our dominions, and may inherit or otherwise purchase and receive, take, hold, buy and possess any lands, tenements or hereditaments within the same places, and them may occupy, possess and enjoy, give, sell, aliene and bequeathe; as likewise all liberties. franchises and priviledges of this our kingdom of England, and of other our dominions aforesaid, and may freely and quietly have, possess and enjoy, as our liege people born within the same, without the least molestation, vexation, trouble or grievance of us, our heirs and successors, any statute, act, ordinance, or provision to the contrary notwithstanding. 8th. And furthermore, that our subjects of this our said kingdom of England, and other our dominions, may be the rather encouraged to undertake this expedition with ready and cheerful minds, know ye, that we of our special grace, certain knowledge and meer motion, do give and grant by virtue of these presents, as well to the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, and their heirs, as unto all others as shall from time to time repair unto the said province, with a purpose to inhabit there, or to trade with the natives of the said province, full liberty and license to lade and freight in any port whatsoever, of us, our heirs and successors, and into the said province of Carolina, by them, their servants or assigns, to transport all and singular their goods, wares and merchandises, as likewise all sorts of grain whatsoever, and any other things whatsoever, necessary for the food and clothing, not prohibited by the laws and statutes of our kingdoms and dominions, to be carried out of the same, without any let or molestation of us, our heirs and successors, or of any other of our officers, or ministers whatsoever, saving also to us, our heirs and successors, the customs and other duties and payments, due for the said wares and merchandises, according to the several rates of the places from whence the same shall be transported. We will also, and by these presents, for us, our heirs and successors, do give and grant license by this our charter, unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, and to all the inhabitants and dwellers in the province aforesaid, both present and to come, full power and absolute authority to import or unlace by themselves or their servants, factors or assigns, all merchandises and goods whatsoever, that shall arise of the fruits and commodities of the said province, either by land or by sea, into any of the ports of us, our heirs and successors, in our kingdom of England, Scotland or Ireland, or otherwise to dispose of the said goods, in the said ports; and if need be, within one year next after the unfading, to lade the said merchandises and goods again into the same or other ships, and to export the same into any other countries either of our dominions, or foreign being in amity with us, our heirs and successors, so as they pay such customs, subsidies, and other duties for the same, to us, our heirs and successors, as the rest of our subjects of this our kingdom, for the time being, shall be bound to pay, beyond which we will not, that the inhabitants of the said province of Carolina, shall be any ways charged. 9th. Provided nevertheless, and our will and pleasure is, and we have further for the consideration aforesaid, of our more especial grace, certain knowledge, and meer motion, given and granted, and by these presents, for us, our heirs and successors, do give and grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley and Sir John Colleton, their heirs and assigns, full and free license, liberty and authority, at any time or times, from and after the feast of St. Michael the archangel, which shall be in the year of our Lord Christ, one thousand six hundred sixty and seven, as well to import, and bring into any of our dominions from the said province of Carolina, or any part thereof, the several goods and commodities, hereinafter mentioned, that is to say, silks, wines, currants, raisins, capers, wax, almonds, oyl and olives, without paying or answering to us, our heirs or successors, any custom, import, or other duty, for and in respect thereof, for and during the term and space of seven years, to commence and be accompted, from and after the first importation of four tons of any the said goods, in any one bottom, ship or vessel from the said province, into any of our dominions, as also to export and carry out of any of our dominions, into the said province of Carolina, custom free, all sorts of tools which shall be usefull or necessary for the planters there, in the accommodation and improvement of the premises, any thing before, in these presents contained, or any law, act, statute, prohibition or other matter, or anything heretofore had, made, enacted or provided, or hereafter to be had, made, enacted or provided, to the contrary, in any wise notwithstanding. 10th. And furthermore, of our own ample and especial grace, certain knowledge, and meer motion, we do for us, our heirs and successors, grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley and Sir John Colleton, their heirs and assigns, full and absolute power and authority to make erect and constitute, within the said province of Carolina, and the isles and islets aforesaid, such and so many seaports, harbours, creeks and other places, for discharge and unlading of goods and merchandises, out of ships, boats and other vessels, and for lading of them, in such and so many places, and with such jurisdiction, priviledges and franchises unto the said ports belonging, as to them shall seem most expedient, and that all and singular the ships, boats and other vessels, which shall come for merch an rises and trade into the said province, or shall depart out of the same, shall be laden and unladen at such ports only, as shall be erected and constituted by the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, Jolm Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, and not elsewhere, any use, custom or any other thing to the contrary, in any wise notwithstanding. 11th. And we do furthermore will, appoint and ordain, and by these presents for us, our heirs and successors, do grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley and Sir John Colleton, their heirs and assigns, that they the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley and Sir John Colleton, their heirs and assigns, may from time to time forever, have and enjoy, the customs and subsidies in the ports, harbors, creeks and other places within the province aforesaid, payable for goods, merchandise and wares, there laded or to be laded, or unjaded, the said customs to be reasonably assessed, upon any occasion, by themselves, and by and with the consent of the free people there, or the greater part of them as aforesaid; to whom we give power bv these presents, for us, our heirs and successors, upon just cause and in a due proportion, to assess and impose the same. 12th. And further, of our special grace, certain knowledge, and meer motion, we have given, granted and confirmed, and by these presents, for us, our heirs and successors, do give, grant and confirm unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, full and absolute license, power and authority, that the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, Sir John Colleton, their heirs and assigns, from time to time, hereafter, forever, at his and their will and pleasure, may assign, alien, grant, demise or enfeof the premises, or any part or parcels thereof, to him or them that shall be willing to purchase the same, and to such person or persons as they shall think fit, to have and to hold, to them the said person or persons, their heirs or assigns, in fee simple or fee tayle, or for term for life, or lives, or years, to be held of them, the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley and Sir John Colleton, their heirs and assigns, by such rents, services and customs, as shall seem meet to the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, and not immediately of us, our heirs and successors, and to the same person and persons, and to all and every of them, we do give and grant by these presents, for us, our heirs and successors, license, authority and power, that such person or persons, may have or take the premises, or any parcel thereof, of the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, and the same to hold, to themselves, their heirs or assigns, in what estate of inheritance whatsoever, in fee simple, or fee tayle, or otherwise, as to them and the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, shall seem expedient; the statute made in the parliament of Edward, son of King Henry, heretofore king of England, our predecessor, commonly called the statute of "quia emptores terrarum;" or any other statute, act, ordinance, use, law, custom or any other matter, cause or thing heretofore published, or provided to the contrary, in any wise notwithstanding. 13th. And because many persons born, or inhabiting in the said province, for their deserts and services, may expect and be capable of marks of honor and favor, which, in respect of the great distance, cannot be conveniently conferred by us; our will and pleasure therefore is, and we do by these presents, give and grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, full power and authority, to give and confer, unto and upon, such of the inhabitants of the said province, as they shall think do or shall merit the same, such marks of favour and titles of honour as they shall think fit so as these titles of honour be not the same as ale enjoyed by, or conferred upon any the subjects of this our kingdom of England. 14th. And further also, we do by these presents, for us, our heirs and successors, give and grant license to them, the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, full power, liberty and license to erect, raise and build within the said province and places aforesaid, or any part or parts thereof, such and so many forts, fortresses, castles, cities, boroughs, towns, villages and other fortifications whatsoever, and the same or any of them to fortify and furnish with ordinance, powder, shot, armory, and all other weapons, ammunition, habilements of war, both offensive and defensive, as shall be thought fit and convenient for the safety and welfare of the said province and places, or any part thereof, and the same, or any of them from time to time, as occasion shall require, to dismantle, disfurnish, demolish and pull down, and also to place, constitute and appoint in and over all or any of the castles, forts, fortifications, cities, towns and places aforesaid, governors, deputy governors, magistrates, sheriffs and other officers, civil and military, as to them shall seem meet, and to the said cities, boroughs, towns, villages, or any other place or places within the said province, to grant "letters or charters of incorporation," with all liberties, franchises and priviledges, requisite and usefull, or to or within any corporations, within this our kingdom of England, granted or belonging; and in the same cities, boroughs, towns and other places, to constitute, erect and appoint such and so many markets, marts and fairs, as shall in that behalf be thought fit and necessary; and further also to erect and make in the province aforesaid, or any part thereof, so many mannors as to them shall seem meet and convenient, and in every of the said mannors to have and to hold a court baron, with all things whatsoever which to a court baron do belong, and to have and to hold views of "frank pledge" and "court leet," for the conservation of the peace and better government of those parts within such limits, jurisdictions, and precincts, as by the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley and Sir John Colleton, or their heirs, shall be appointed for that purpose, with all things whatsoever, which to a court leet, or view of frank pledge do belong, the said court to be holden by stewards, to be deputed and authorized by the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, or their heirs, or by the lords of other manners and leets, for the time being, when the same shall be erected. 15th. And because that in so remote a country, and scituate among so many barbarous nations, and the invasions as well of salvages as of other enemies, pirates and robbers, may probably be feared; therefore we have given, and for us, our heirs and successors, do give power, by these presents, unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, by themselves, or their captains, or other their officers, to levy, muster and train all sorts of men, of what condition or wheresoever born, in the said province for the time being, and to make war and pursue the enemies aforesaid, as well by sea as by land, yea, even without the limits of the said province, and by God's assistance to vanquish and take them, and being taken to put them to death by the law of war, or to save them at their pleasure; and to do all and every other thing, which unto the charge of a captain general of an army belongeth, or hath accustomed to belong, as fully and freely as any captain general of an army hath or ever had the same. 16th. Also our will and pleasure is, and by this our charter we give unto the said Edward Earl of Clarendon, George Luke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, full power, liberty and authority, in case of rebellion, tumult or sedition, (if any should happen,) which God forbid, either upon the land within the province aforesaid, or upon the main sea, in making a voyage thither, or returning from thence, by him or themselves, their captains, deputies and officers, to be authorized under his or their seals for that purpose, to whom also, for us, our heirs and successors, we do give and grant by these presents, full power and authority, to exercise martial law against mutinous and seditious persons of those parts, such as shall refuse to submit themselves to their government, or shall refuse to serve in the wars, or shall fly to the enemy, or forsake their colours or ensigns, or be loyterers or straglers, or otherwise howsoever offending against law, custom or discipline military, as freely and in as ample manner and form as any captain general of an army by vertue of his office, might or hath accustomed to use the same. 17th. And our further pleasure is, and by these presents, for us, our heirs and successors, we do grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, and to all the tenants and inhabitants of the said province of Carolina, both present and to come, and to every of them, that the said province and the tenants and inhabitants thereof, shall not from henceforth be held or reputed a member or part of any colony whatsoever in America, or elsewhere, now transported or made, or hereafter to be transported or made; nor shall be depending on, or subject to their government in anything, but be absolutely seperated and divided from the same; and our pleasure is, by these presents, that they be seperated, and that they be subject immediately to our crown of England, as depending thereof forever; and that the inhabitants of the said Province, nor any of them, shall at any time hereafter be compelled or compellable, or be any ways subject or liable to appear or answer to any matter, suit, cause or plaint whatsoever, out of the Province aforesaid, in any other of our islands, colonies, or dominions in America or elsewhere, other than in our realm of England, and dominion of Wales. 18th. And because it may happen that some of the people and inhabitants of the said province, cannot in their private opinions, conform to the publick exercise of religion, according to the liturgy, form and ceremonies of the church of England, or take and subscribe the oaths and articles, made and established in that behalf, and for that the same, by reason of the remote distances of these places, will, we hope be no breach of the unity and uniformity established in this nation; our will and pleasure therefore is, and we do by these presents, for us, our heirs and successors, give and grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, full and free license, liberty and authority, by such legal ways and means as they shall think fit, to give and grant unto such person or persons, inhabiting and being within the said province, or any part thereof, who really in their judgments, and for conscience sake, cannot or shall not conform to the said liturgy and ceremonies, and take and subscribe the oaths and articles aforesaid, or any of them, such indulgencies and dispensations in that behalf, for and during such time and times, and with such limitations and restrictions as they, the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs or assigns, shall in their discretion think fit and reasonable; and with this express proviso, and limitation also, that such person and persons, to whom such indulgencies and dispensations shall be granted as aforesaid, do and shall from time to time declare and continue, all fidelity, lovalty and obedience to us, our heirs and successors, and be subject and obedient to all other the laws, ordinances, and constitutions of the said province, in all matters whatsoever, as well ecclesiastical as civil, and do not in any wise disturb the peace and safety thereof, or scandalize or reproach the said liturgy, forms and ceremonies, or anything relating thereunto, or any person or persons whatsoever, for or in respect of his or their use or exercise thereof, or his or their obedience and conformity, thereunto. 19th. And in case it shall happen, that any doubts or questions should arise, concerning the true sense and understanding of any word, clause or sentence contained in this our present charter, we will, ordain and command, that at all times, and in all things, such interpretation be made thereof, and allowed in all and every of our courts whatsoever, as lawfully may be adjudged most advantageous and favourable to the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, although express mention be not made in these presents, of the true yearly value and certainty of the premises, or any part thereof, or of any other gifts and grants made by us, our ancestors, or predecessors, to them the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, or any other person or persons whatsoever, or any statute, act, ordinance, provision, proclamation or restraint, heretofore had, made, published, ordained or provided, or any other thing, cause or matter, whatsoever, to the contrary thereof, in any wise notwithstanding. In Witness, &c. Witness the King, at Westminster, the four and twentieth day of March, in the fifteenth year of our reign, (1663.) PER IPSUM REGEM. Source: https://avalon.law.yale.edu/17th_century/nc01.asp

  • CHARTER OF THE COLONY OF CONNECTICUT

    CHARTER OF THE COLONY OF CONNECTICUT, 1662 CHARLES THE SECOND, BY THE GRACE OF GOD, King of England, Scotland, France and Ireland, defender of the Faith, &c.; To all to whome theis presents shall come Greetinge: WHEREAS, by the severall Navigacons, discoveryes and susccessfull Plantacons of diverse of our loving Subjects of this our Realme of England, Severall Lands, Islands, Places, Colonies and Plantacons have byn obtayned 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 increased, AND WHEREAS, wee have byn informed by the humble Peticon of our Trusty and welbeloved John Winthrop, John Mason, 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 Persons Principally interested in our Colony or Plantacon of Connecticut in New England, that the same Colony or the greatest parte thereof was purchased and obteyned for greate and valuable Consideracons, And some other part thereof gained by Conquest and with much difficulty, and att the onely endeavours, expence and Charge of them and their Associates, and those vnder whome they Clayme, Subdued and improved, and thereby become a considerable enlargement and addicon of our Dominions and interest there. NOW KNOW YEA, that in consideracion thereof, and in regard the said Colony is remote from other the English Plantacons in the Places aforesaid, And to the end the Affaires and Business which shall from tyme to tyme happen or arise concerning the same may be duely Ordered and managed. WEE HAVE thought fitt, and att the humble Peticon of the Persons aforesaid, and are graciously pleased to Create and Make them a Body Pollitique and Corporate, with the powers and Priviliges herein after menconed; And Accordingly Our will and pleasure is, and of our especiall grace, certeine knowledge and meere mocon wee have Ordeyned, Constituted and Declared, And by theis presents, for vs, our heires and Successors, Doe Ordeine, Constitute and Declare That they, the said John Winthrop, John Mason, 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 forever hereafter, bee one Body Corporate and Pollitique in fact and name, by the Name of Governour and Company of the English Collony of Connecticut in New England in America; And that by the same name they and their Successors shall and may have perpetuall Succession, and shall and mey bee Persons able and Capable in the law to Plead and bee Impleaded, to Answere and to be Answered vnto, to Defend and bee Defended in all and Singular, Suits, Causes, quarrelles, Matters, Accons and things of what kind or nature soever, And alsoe to have, take, possesse, acquire and purchase lands Tenements or hereditaments, or any goods or Chattells, and the same to, Lease, Graunt, Demise, Alien, bargaine, Sell and dispose of, as other our leige People of this our Realme of England, or any other Corporacon or Body Politique within the same may lawfully doe. AND FURTHER, that the said Governour and Company, and their Successors shall and may for ever hereafter have a Comon Seale to serve and vse for all Causes, matters, things and affaires, whatsoever of them and their Successors, and the same Seale to alter, change, breake and make new from tyme to tyme att their wills and pleasures, as they shall thinke fitt. And further, wee will and Ordeine, and by theis presents for vs, our heires and Successors Doe Declare and appoint, that for the better ordering and manageing of the affaires and businesse of the said Company and their Successors, there shall be one Governour, one Deputy Governour and Twelve Assistants to bee from tyme to tyme Constituted, Elected and Chosen out of the Freemen of the said Company for the tyme being, in such manner and forme as hereafter in these presents is expressed; which said Officers shall apply themselves to take care for the best disposeing and Ordering of the Generall business 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 Pleasure herein, WEE DOE for vs, our heires and Successors, Assigne, name, Constitute and appoint the aforesaid John Winthrop to bee the first and present Governour of the said Company; And the said John Mason 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 present Assistants of the said Company; to contynue in the said severall Offices respectively, vntill the second Thursday which shall bee in the moneth of October now next comeing. AND further, wee will, and by theis presents for vs, our heires and Successors DOE Ordaine and Graunt that the Governour of the said Company for the tyme being, or, in his absence by occasion of sicknes, or otherwise by his leave or permission, the Deputy Governour for the tyme being, shall and may from tyme to tyme vpon all occasions give Order for the assembling of the said Company and calling them together to Consult and advise of the businesse and Affairs of the said Company, And that for ever hereafter Twice in every yeare, (That is to say,) on every Second Thursday in October and on every Second Thursday in May, or oftener, in Case it shall bee requisite, The Assistants and freemen of the said Company, or such of them, (not exceeding twoe Persons from each Place, Towne or Citty) whoe, shall bee from tyme to tyme therevnto Elected or deputed by the major parte of the freemen of the respective Townes, Cittyes and Places for which they shall bee soe elected or Deputed, shall have a generall meeting or Assembly, then and their to Consult and advise in and about the Affaires And businesse of the said Company; And that the Governour, or in his absence the Deputy Governour of the said Company for the tyme being, and such of the Assistants and freemen of the said Company as shall be soe Elected or Deputed and bee present att such meeting or Assembly, or the greatest number of them, whereof the Governour or Deputy Governour and Six of the Assistants, at least, to bee Seaven, shall be called the Generall Assembly, and shall have full power and authority to alter and change their dayes and tymes of meeting or Generall Assemblies for Electing the Governour, Deputy Governour and Assistants or other Officers or any other Courts, Assemblies or meetings, and to Choose, Nominate and appoint such and soe many other Persons as they shall thinke fitt and shall bee willing to accept the same, to bee free of the said Company and Body Politique, and them into the same to Admitt and to Elect, and Constitute such Officers as they shall thinke fitt and requisite for the Ordering, Manageing and disposeing of the Affaires of the said Governour and Company and their Successors. AND WEE DOE hereby for vs, our heires and Successors, Establish and Ordeine, that once in the yeare for ever hereafter, namely, the said Second Thursday in May, the Governour, Deputy Governour, and Assistants of the said Company and other Officers of the said Company, or such of them as the said Generall Assembly shall thinke fitt, shall bee in the said Generall Court and Assembly to be held from that day or tyme, newly Chosen for the yeare ensuing, by such greater parte of the said Company for the tyme being then and there present. And if the Governour, Deputy Governour and Assistants by these presents appointed, or such as hereafter bee newly Chosen 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 severall Offices or Places before the said Generall day of Eleccon, whome wee doe hereby Declare for any misdemeanour or default to bee removeable by the Governour, Assistants and Company, or such greater part of them in any of the said publique Courts to be Assembled as is aforesaid, That then and in every such Case itt shall and may bee lawfull to and for the Governour, Deputy Governour and Assistants and Company aforesaid, or such greater parte of them soe to bee Assembled as is aforesaid in any of their Assemblies, 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 Governour, Assistant or other Officer or Officers soe dyeing or removed, according to their discretions; and immediately vpon and after such Eleccon or Eleccons made of such Governour, Deputy Governour, Assistant or Assistants, or any other Officer of the said Company in manner and forme, Aforesaid, The Authority Office and Power before given to the former Governour, Deputy Governour or other Officer and Officers soe 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, alsoe, and our will and pleasure is, That as well such as are by theis presents appointed to bee the present Governour, Deputy Governour and Assistants of the said Company as those that shall succeed them, and all other Officers to bee appointed and Chosen as aforesaid, shall, before they vndertake the Execucon of their said Offices and places respectively, take their severall and respective Corporall Oathes for the due and faithfull performance of their dutyes in their severall Offices and Places, before such Person or Persons as are by these Presents hereafter appoynted to take and receive the same; That is to say, the said John Winthrop, whoe is herein before nominated and appointed the present Governour of the said Company, shall take the said Oath before one or more of the Masters of our Court of Chancery for the tyme being, vnto which Master of Chancery WEE DOE, by theis presents, give full power and authority to administer the said Oath to the said John Winthrop accordingly. And the said John Mason, whoe is herein before nominated and appointed the present Deputy Governour of the said Company, shall take the said Oath before the said John Winthrop, or any twoe of the Assistants of the said Company, vnto whome WEE DOE by these presents, give full power and authority to Administer the said Oath to the said John Mason 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 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 whome WEE DOE hereby give full power and authority to Administer the same accordingly. And our further will and pleasure, is that all and every Governour or Deputy Governour to bee Elected and Chosen by vertue of theis presents, shall take the said Oath before two or more of the Assistants of the said Company for the tyme being, vnto whom wee doe, by theis 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 bee hereafter Chosen from tyme to tyme, to take the said Oath before the Governour or Deputy Governour for the tyme being, vnto which said Governour or Deputy Governour wee doe, by theis presents, give full power and authority to Administer the same accordingly. AND FURTHER, of our more ample grace, certeine knowledge and meere mocon WEE HAVE given and Graunted, and by theis presents, for vs, our heires and Successors, ULME give and Graunt vnto the said Governour 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 bee free of the said Collony, full power and authority from tyme to tyme and att all tymes hereafter, to take, Ship, Transport and Carry away, for and towards the Plantacon 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 Plantacon: (Except such Person and Persons as are or shall bee therein restrayned by vs, our heires and Successors:) And alsoe to Ship and Transport all and all manner of goods, Chattells, Merchandizes and other things whatsoever that are or shall be vsefull or necessary for the Inhabitants of the said Collony and may lawfully bee Transported thither; Neverthe lesse, not to bee discharged of payment to vs, our heires and Successors, of the Dutyes, Customes and Subsidies which are or ought to bee paidor payable for the same. AND FURTHER, Our will and pleasure is, and WEE DOE for vs, our heires and Successors, Ordeyne, Declare and Graunt vnto the said Governour and Company and their Successors, That all and every the Subjects of vs, our heires or Successors 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 Successors, to all intents, Construccons and purposes whatsoever, as if they and every of them were borne within the Realme of England, AND WEE DOE authorize and impower the Governour, or in his absence the Deputy Governour for the tyme being, to appointe two or more of the said assistants att any of their Courts or Assemblyes to bee held as aforesaid, to have power and authority to Administer the Oath of Supremacy and obedience to all and every Person and Persons which shall att any tyme or tymes hereafter goe or passe into the said Colony of Connecticutt, vnto which said Assistants soe to bee appointed as aforesaid, WEE DOE, by these presents, give full power and authority to Administer the said Oath accordingly. AND WEE DOE FURTHER, of our especiall grace, certeine knowledge and meere mocon, give and Graunt vnto the said Governour and Company of the English Colony of Connecticutt in New England in America, and their Successors, that itt shall and may bee lawful to and for the Governour or Deputy Governour and such of the Assistants of the said Company for the tyme being as shall bee Assembled in any of the Generall Courts aforesaid, or in any Courts to be especially Sumoned or Assembled for that purpose, or the greater parte of them, whereof the Governour or Deputy Governour and Six of the Assistants, to be all wayes Seaven, to Erect and make such Judicatories for the heareing and Determining of all Accons, Causes, matters and things happening within the said Colony or Plantacon and which shall bee in dispute and depending there, as they shall thinke fitt and convenient; And alsoe from tyme to tyme to Make, Ordaine and Establish All manner of wholesome and reasonable Lawes, Statutes, Ordinances, Direccons and Instruccons, not contrary to the laws of this Realme of England, as well for setling the formes and Ceremonies of Government and Magestracy fitt and necessary for the said Plantacon and the Inhabitants there as for naming and Stileing all sorts of Officers, both superior and inferior, which they shall find needfull for the Government and Plantacon of the said Colony, and the distinguishing 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 Laws and Statutes of this our Realme of England, to bee administered for the Execucon of the said severall Offices and Places; As alsoe for the disposeing and Ordering of the Eleccon of such of the said Officers as are to bee Annually Chosen, and of such others as shall succeed in case of death or removall, and Administering the said Oath to the new Elected Officers, and Graunting necessary Comissions, and for imposicon of lawfull Fines, Mulcts, Imprisonment or other Punishment vpon Offenders and Delinquents, according to the Course of other Corporacons within this our Kingdome of England, and the same Lawes, fines, Mulcts and Execucons to alter, change, revoke, adnull, release or Pardon, vnder their Comon Seale, As by the said Generall Assembly or the major part of them shall be thought fitt; And for the directing, ruleing and disposing of all other matters and things whereby our said people, Inhabitants there, may bee soe religiously, peaceably and civilly Governed as their good life and orderly Conversacon 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 Christian faith, which in our Royall intencons and the Adventurers free profession is the onely and principall end of this Plantacon; WILLING, Commanding and requireing, and by these presents, for vs, our heires and Successors, Ordaineing and appointeing. That all such Lawes, Statutes and Ordinances, Instruccons, Imposicons, and Direccons as shall bee soe made by the Governour, Deputy Governour, and Assistants, as aforesaid, and published in writeing vnder their Comon Seale, shall carefully and duely bee observed, kept, performed and putt in execucion, according to the true intent and meaning of the same. AND these our letters Patents, or the Duplicate or Exemplification 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, Instruccons and Direccons in due Execucon, against vs, our heires and Successors, a sufficient warrant and discharge. AND WEE DOE FURTHER, for vs, our heires and Successors, give and Graunt vnto the said Governor and Company and their Successors, by these presents, That itt shall and may bee lawfull to and for the chiefe Commanders, Governours and Officers of the said Company for the tyme being whoe shall bee resident in the parts of New England hereafter menconed, and others inhabitating there by their leave, admittance, appointment or direccon, from tyme to tyme and att all tymes hereafter, for their speciall defence and safety, to Assemble, Martiall, Array, and putt in Warlike posture the Inhabitants of the said Colony, and to; Commissionate, Impower and authorize such Person or Persons as they shall thinke fitt to lead and Conduct the said Inhabitants, and to encounter, expulse, repell and resist by force of Armes, as well by Sea as by land, And alsoe to kill, Slay and destroy, by all fitting wayes, enterprizes and meanes whatsoever, all and every such Person or Persons as shall at any tyme hereafter Attempt or enterprize the destruccon, Invasion, detriment or annoyance of the said Inhabitants or Plantacon, And to vse and exercise the law Martiall, in such Cases onely as occasion shall require, And to take or surprize by all wayes and meanes whatsoever, all and every such Person and Persons, with their Shipps, Armour, Ammunicon, and other goods of such as shall in such hostile manner invade or attempt the defeating of the said Plantacon or the hurt of the said Company and Inhabitants; and vpon just Causes to invade and destroy the Natives or other Enemyes of the said Colony. NEVERTHELESSE, Our Will and pleasure is, AND WEE DOE hereby Declare vnto all Christian Kings, Princes and States, That if any Persons which shall hereafter Bee of the said Company or Plantacon, or any other, by appointment of the said Governor and Company for the tyme being, shall at any tyme or tymes hereafter Robb or Spoile by Sea or by land, and doe any hurt, violence or unlawful hostility to any of the Subjects of vs, our heires or Successors, or any of the Subjects of any Prince or State beinge then in league with vs, our heires or Successors, vpon Complaint of such injury done to any such Prince or State, or their Subjects WEE, our heires and Successors, will make open Proclamacon within any parts of our Realme of England fitt for that purpose, That the Person or Persons committinge any such Robbery or Spoile, shall within the tyme lymitted by such Proclamacon, make full restitucon or satisfaccon of all such injuries done or committed, Soe as the said Prince or others soe complayneing may bee fully satisfied and contented. And if the said Person or Persons whoe shall committ any such Robbery or Spoile shall not make satisfaccon accordingly, within such tyme soe to bee limited, That then itt shall and may bee lawful for vs, our heires and Successors, to put such Person or Persons out of our Allegiance and Proteccon: And that it shall and may bee lawfull and free for all Princes or others to Prosecute with hostility such Offenders and every of them, their and every of their Procurers, ayders, Abettors and Councellors in that behalfe. PULMVIDED, alsoe, and our expresse will and pleasure is, AND WEE DOE by these presents for vs, our heires and Successors, Ordeyne and appointe that these presents shall not in any manner hinder any of our loveing Subjects whatsoever to vse and exercise the Trade of Fishinge vpon the coast of New England in America, but they and every or any of them shall have full and free power and liberty to contynue and vse the said Trade of Fishing upon the said Coast, in any of the Seas therevnto adioyning, or any Armes of the Seas or Salt Water Rivers where they have byn accustomed to Fish, and to build and sett vpon the wast land belonging to the said Colony of Connecticutt, such Wharfes, Stages and workehouses as shall bee necessary for the Salting, dryeing and keeping of their Fish to bee taken or gotten vpon that Coast, any thinge in these presents conteyened to the contrary notwithstanding. AND KNOWE YEE FURTHER, That Wee, of our more abundant grace, certaine knowledge and meere mocon HAVE given, Graunted and Confirmed, And by theis presents for vs, our heires and Successors, DOE,give, Graunt and Confirme vnto the said Governor and Company and their Successors, AULM that parte of our Dominions in Newe England in America bounded on the East by Norrogancett River, commonly called Norrogancett Bay, where the said River falleth into the Sea, and on the North by the lyne of the Massachusetts Plantacon, and on the South by the Sea, and in longitude as the lyne of the Massachusetts Colony, runinge from East to West, (that is to say,) from the Said Norrogancett Bay on the East to the South Sea on the West parte, with the Islands thervnto adioyneinge, Together with all firme lands, Soyles, Grounds, Havens, Ports, Rivers, Waters, Fishings, Mynes, Mynerals, Precious Stones, Quarries, and all and singular other Comodities, Iurisdiccons, Royalties, Priviledges, Francheses, 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 vnto the said Governor and Company, their Successors and Assignes, for ever vpon Trust and for the vse and benefitt of themselves and their Associates, freemen of the said Colony, their heires and Assignes, TO BEE HOLDEN of vs, our heires and Successors, as of our Mannor of East Greenewich, in Free and Common Soccage, and not in Capite nor by Knights Service, YULMLDING AND PAYINGE therefore to vs, our heires and Successors, onely the Fifth parte of all the Oare of Gold and Silver which from tyme to tyme and at all tymes hereafter shall bee there gotten, had or obteyned, in liew of all Services, Dutyes and Demaunds whatsoever, to bee to vs, our heires or Successors, therefore or thereout rendered, made or paid. AND LASTLY, Wee doe for vs, our heires, and Successors, Graunt to the said Governor and Company and their Successors, by these presents, that these our Letters Patent shall bee firme, good and effectuall in the lawe to all intents, Construccons and purposes whatsoever, accordinge to our true intent and meaneing herein before Declared, as shall be Construed, reputed and adiudged most favourable on the behalfe and for the best benefitt and behoofe of the said Governor and Company and their Successors, ALTHOUGH EXPRESSE MENCON of the true yearely value or certeinty of the premises, or of any of them, or of any other Guifts or Graunts by vs 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 theis presents is not made, or any Statute, Act, Ordinance, Provision, Proclamacon or Restriccon heretofore had, made. Enacted, Ordeyned or Provided, or any other matter, Cause or thinge whatsoever to the contrary thereof in any wise notwithstanding. IN WITNES whereof, we have caused these our Letters to be made Patent; WITNES our Selfe, att Westminister, the three and Twentieth day of Aprill, in the Fowerteenth yeare of our Reigne. By writt of Privy Seale HOWARD Source: https://www.cga.ct.gov/asp/Content/constitutions/DocsOfCTGov.pdf#pagemode=bookmarks&page=51

  • The Barbados “Declaration of Independence”

    The Barbados “Declaration of Independence” 18 February 1651 The Lord Lieutenant-General, together with the Lords of this said Council and Assembly, having carefully read over the said printed Papers [Acts of Parliament], and finding them to oppose the freedom, safety, and well-being of this island, have thought themselves bound to communicate the same to all the inhabitants of this island; FIRST― They allege that this island was first settled and inhabited at the charges, and by the especial order of the people of England, and therefore ought to be subject to the same nation. It is certain, that we all of us know very well, that we, the present inhabitants of this island, were and still be that people of England, who with great danger to our persons, and with great charge and trouble, have settled this island in its condition and inhabited the same, and shall we therefore be subject to the will and command of those that stay at home? Shall we be bound to the Government and Lordship of a Parliament in which we have no Representatives, or persons chosen by us, for there to propound and consent to what might be needful to us, as also to oppose and dispute all what should tend to our disadvantage and harm? In truth, this would be a slavery far exceeding all that the English nation hath yet suffered. And we doubt not but the courage which hath brought us thus far out of our own country, to seek our beings and livelihoods in this wild country, will maintain us in our freedoms; without which our lives will be uncomfortable to us. SECONDLY— It is alleged that the inhabitants of this island have, by cunning and force, usurped a power and Government. If we, the inhabitants of this island, had been heard what we could have said for ourselves, this allegation [would have] never been printed; but those who are destined to be slaves may not enjoy those privileges; otherwise we might have said and testified with a truth, that the Government now used amongst us, is the same that hath always been ratified, and doth every way agree with the first settlement and Government in these places; and was given us by the same power and authority that New England hold theirs; . . . THIRDLY— By the above said Act all outlandish [foreign] nations are forbidden to hold any corres- pondence or traffic with the inhabitants of this island; although all the ancient inhabitants know very well, how greatly they have been obliged to those of the Low Countries for their subsistence, and how difficult it would have been for us, without their assistance, ever to have inhabited these places, or to have brought them into order; and we are yet daily sensible, what necessary comfort they bring to us daily, and that they do sell their commodities a great deal cheaper than our own nation will do; but this comfort must be taken from us by those whose will must be a law to us: but we declare, that we will never be so unthankful to the Netherlanders for their former help and assistance, as to deny or forbid them, or any other nation, the freedom of our harbors, and the protection of our laws, by which they may continue, if they please, all freedom of commerce and traffic with us. FOURTHLY— For to perfect and accomplish our intended slavery, and to make our necks pliable for to undergo the yoke, they got and forbid to our own countrymen to hold any correspondence, commerce, or traffic with us, nor to suffer [allow] any to come at us, but such who have obtained particular licenses from some persons, . . . that no other goods or merchandizes shall be brought hither, than such as the licensed persons shall please and think fit to give way to; and that they are to sell the same at such a price, as they shall please to impose on them; and suffer no other ships to come hither but their own: as likewise that no inhabitants of this island may send home upon their own account any island goods of this place, but shall be as slaves to the Company, who shall have the abovesaid licenses, and submit to them the whole advantage of our labor and industry. HEREFORE— having rightly considered, we declare, that as we would not be wanting to use all honest means for the obtaining of a continuance of commerce, trade, and good correspondence with our country, so we will not alienate ourselves from those old heroic virtues of true Englishmen, to prostitute our freedom and privileges, to which we are born, to the will and opinion of any one; neither do we think our number so contemptible, nor our resolution so weak, to be forced or persuaded to so ignoble a submission, and we cannot think, that there are any amongst us, who are so simple, and so unworthily minded, that they would not rather choose a noble death, than forsake their own liberties and privileges. Source: http://nationalhumanitiescenter.org/pds/amerbegin/power/text5/BarbadosDecIndep.pdf

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