WILLIAM and MARY, by the Grace of God of England, Scotland, France, and Ireland, King and Queen, D [...]fenders of the Faith, &c. To all to whom these Present. [...]all come Greeting. Whereas his late Majesty King James the First, Our Royal Predecessor, by his Letters Patents under the Great Seal of England, bearing Date at Westminster the Third day of November, in the Eighteenth Year of his Reign, did give and grant unto the Council Established at Plymouth in the County of Devon, for the Planting, Ruling, Ordering and Governing of New-England in America, and to their Successors and Assigns, all that part of America lying and being in breadth from forty Degrees of Northerly Latitude from the Equinoctial Line to the for­ty eighth Degree of the said Northerly Latitude, inclusively, and in length of and within all the breadth aforesaid throughout all the main Lands, from Sea to Sea, together also with all the firm Lands, Soils, Grounds, Ha [...]ens, Ports, Rivers, Waters, Fishings, Mines and Minerals, as well Royal Mines of Gold and Silver, as other Mines and Minerals, Pretious Stones, Quarries, and all and singular other Commodities, Jurisdictions, Royalties, Priviledges, Franchises and Preheminences, both within the said Tract of Land upon the Main, and al­so within the Islands and Seas adjoyning: Provided always that the said Lands, Islands, or any the Premises by the said Letters Patents intended and meant to be granted, were not then actually possessed or inhabited by any other Christi­an Prince or State, or within the Bounds, Limits or Territories of the Southern Collony, then before granted by the said late King James the first, to be plant­ed by divers of his Subjects in the South parts: To have and to hold, possess and enjoy, all and singular the aforesaid Continent Lands, Territories, Islands, He­reditaments and Precincts, Seas, Waters, Fishings withall; and all manner of their Commodities, Royalties, Liberties, Preheminencies and Profits that should from thenceforth arise from thence, with all and singular their Appurtenances, and every part and parcel thereof, unto the said Council, and their Successors and Assigns for ever, to the sole and proper Use and Benefit of the said Council, and their Successors and Assigns for ever: To be holden of his said late Majesty King James the first, his Heirs and Successors, as of his Mannor of East Greenwich in the County of Kent, in free and Common Sockage, and not in Capite, nor by Knights Service: Yielding and Paying therefore to the said late King, his Heirs and Successors, the fifth part of the Oar of Gold and Silver, which should from time to time, and at all times then after happen to be found, gotten, had and obtained, in, at, or within any of the said Lands, Limits, Territories or Pre­cincts, or in, or within any part or parcel thereof, for or in respect of all and all manner of Duties, Demands and Services whatsoever, to be done, made or paid to the said late King James the first, his Heirs and Successors (as in and by the said Letters Pattents, amongst sundry other Clauses, Powers, Priviledges and Grants therein contained, more at large appeareth:) and whereas the said Council Established at Plymouth in the County of Devon, for the Planting, Ruling, Ordering and Governing of New-England in America, did by their Deed indented under their Common Seal, bearing date the Nineteenth Day of March, in the Third Year of the Reign of Our Royal Grandfather King Charles the First, of ever Blessed Memory, Give, Grant, Bargain, Sell, Infeoff, Alien and Confirm to Sir Henry Rosewell, Sir John Young, Knights, Thomas Southcott, John Humphreys, John Endicott and Symond Whetcombe, their Heirs and Assigns, and their Associates, for ever, all that part of New-England in America aforesaid, which lyes and extends between a great River there, commonly called Mono­mack alias Merinnack, and a certain other River there called Charles River, be­ing [Page 2] in a bottom of a certain Bay there commonly called Massachuset [...], alias Mat­tachusetts, alias Massatusetts Bay, and also all and singular those Lands and He­reditaments whatsoever, lying within the space of three English Miles, on the South part of the said Charles River, or of any and every part thereof; and also all and singular the Lands and Hereditaments whatsoever, lying and being within the space of three English Miles to the Southward of the southermost part of the said Bay called Massachusets, alias Mattachusetts, alias Massatusets Bay; and also all those Lands and Hereditaments whatsoever which lye and be with­in the space of three English Miles to the Northward of the said River called Monomack alias Merinack, or to the Northward of any and every part thereof, and all Lands and Hereditaments whatsoever lying within the Limits afore­said, North and South in Latitude, and in Breadth, and in Length, and Longi­tude, of and within all the breadth aforesaid throughout the Main Lands there, from the Atlantick and Western Sea and Ocean on the East part to the South Sea on the West part, and all Lands and Grounds, Place and Places, Soil, Woods and Wood-grounds, Havens, Ports, Rivers, Waters, Fishings and He­reditaments whatsoever, lying within the said bounds and limits, and every part and parcel thereof; and also all Islands lying in America aforesaid, in the said Seas, or either of them on the Western or Eastern Coasts or Parts of the said Tracts of Land, by the said Indenture mentioned to be given and granted, bargained, sold, enfeoffed, alien'd and confirmed, or any of them; and also all Mines and Minerals, as well Royal Mines of Gold and Silver as other Mines and Minerals whatsoever in the said Lands and Premises, or any part there­of, and all Jurisdictions, Rights, Royalties, Liberties, Freedoms, Immunities, Priviledges, Franchises, Preheminencies and Comodities whatsoever, which they the said Council Established at Plymouth in the County of Devon, for the Planting, Ruling, Ordering and Governing of New-England in America, then had, or might use, exercise or enjoy, in or within the said Lands or Premises, by the same Indenture mentioned to be given, granted, bargained, sold, enfe­offed and confirmed, in or within any part or parcel thereof: To have and to hold the said part of New-England in America, which lyes and extends, and is ahutted as aforesaid, and every part and parcel thereof; and all the said Islands, Rivers, Ports, Havens, Waters, Fishings, Mines, Minerals, Jurisdictions, Franchises, Royalties, Liberties, Priviledges, Commodities, Hereditaments and Premises whatsoever, with the Appurtenances, unto the said Sir Henry Roswell, Sir John Young, Thomas Southcott, John Humphrey, John Endicot and Simon Whet­combe, their Heirs and Assigns, and their Associates for ever, to the only proper and absolute use and behoof of the said Sir Henry Roswell, Sir John Young, Thomas Southcott, John Humphreys, John Endicott and Symond Whetcombe, their Heirs and Assigns and their Associates for evermore: To be holden of our said Royal Grandfather King Charles the First, his Heirs and Successors, as of his Man­nor of East-Greenwich in the County of Kent, in free and common Sockage, and not in Capite nor by Knights Service, yielding and paying therefore unto our said Royal Grandfather, his Heirs and Successors, the fifth part of the Oar of Gold and Silver which should from time to time, and at all times hereafter happen to be found, gotten, had and obteined in any of the said Lands, with­in the said Limits, or in or within any part thereof, for and in satisfaction of all manner of Duties, Demands and Services whatsoever, to be done, made or paid to Our said Royal Grandfather, his Heirs or Successors (as in and by the said recited Indenture may more at large appear.) And Whereas Our said Royal Grandfather in and by his Letters Pattents under the Great Seal of England, bearing date at Westminster the fourth day of March, in the fourth Year of his Reign, for the Consideration therein mentioned, did grant and confirm unto the said Sir Henry Roswell, Sir John Young, Thomas Southcott, John Humphreys, John Endicott and Symond Whetcomb, and to their Associates after named, viz. Sir Ralph Saltenstall Knight, Isaac Johnson, Samuel Aldersey, John Ven, Matthew Craddock, George Harwood, Increase Nowell, Richard Perry, Richard Bellingham, Nathanael Wright, Samuel Vassall, Theophilus Eaton, Thomas Golfe, Thomas Adams, John [...], Samuel Brown, Thomas Hutchins, William Vassall, William Pincheon and George Foxcroft, their Heirs and Assigns, all the said part of New-England in America, lying and extending between the Bounds and [Page 3] Limits in the said Indenture expressed, and all Lands and Grounds, Place and Places, Soils, Woods and Wood-grounds, Havens, Ports, Rivers, Waters, Mines, Minerals, Jurisdictions, Rights, Royalties, Liberties, Freedoms, Immu­nities, Priviledges, Franchises, Preheminencies and Hereditaments whatsoever; bargained, sold, enfeoffed and confirmed, or mentioned or intended to be giv­en, granted, bargained, sold, enfeoffed, aliened and confirmed to them the said Sir Henry Roswell, Sir John Young, Thomas Southcott, John Humphreys, John Endicott and Symond Whetcombe, their Heirs and Assigns, and to their Associ­ates for ever, by the said recited Indenture: To have and to hold the said part of New-England in America, and other the Premises thereby mentioned to be granted and confirmed, and every part and parcel thereof, with the ap­purtenances, to the said Sir Henry Roswell, Sir John Young, Sir Richard Saltenstall, Thomas Southcott, John Humphrys, John Endicott, Symond Whetcombe, Isaac Johnson, Samuel Aldersey, John Ven, Matthew Craddock, George Harwood, Increase Nowell, Richard Perry, Richard Bellingham, Nathaniel Wright, Samuel Vassall, Theophilus Eaton, Thomas Golfe, Thomas Adams, John Brown, Samuel Brown, Thomas Hutch­ins, William Vassall, William Pincheon and George Foxcroft, their Heirs and Assigns for ever, to their only proper and absolute use and behoof for evermore: To be hol­den of our said Royal Grandfather, his Heirs and Successors, as of his Mannor of East-Greenwich aforesaid, in free and common Sockage, and not in Capite nor by Knights Service; and also yielding and paying therefore to Our said Roy­al Grandfather, his Heirs and Successors, the fifth part only of all the Oar of Gold and Silver which from time to time, and at all times after should be there gotten, had or obtained, for all Services, Exactions and Demands whatsoever, according to the Tenor and Reservation in the said recited Indenture express­ed. And further, Our said Royal Grandfather by the said Letters Pattents did give and grant unto the said Sir Henry Roswell, Sir John Young, Sir Richard Saltenstall, Thomas Southcott, John Humphreys, John Endicott, Symond Whetcomb, Isaac Johnson, Samuel Aldersey, John Ven, Matthew Craddock, George Harwood, Increase Nowell, Richard Perry, Richard Bellingham, Nathanael Wright, Samuel Vassall, William Pincheon and George Foxcroft, their Heirs and Assigns, all that said part of New-England in America, which lyes and extends between a great River there, commonly called Monomack, alias Merinack River, and a certain other River there called Charles River, being in the bottom of a certain Bay there commonly called Massachusets, alias Mattachusetts, alias Massatusetts Bay; and also all and singular those Lands and Hereditaments whatsoever, lying within the space of three English Miles, on the South part of the said River, called Charles River, or of any or every part thereof; and also all and singular the Lands and Hereditaments whatsoever, lying and being within the space of three English Miles to the Southward of the southermost part of the said Bay called Massa­chusets, alias Massaachusetts, alias Massatusets Bay; and also all those Lands and Hereditaments whatsoever which lye and be within the space of three English Miles to the Northward of the said River called Monomack alias Merinack, or to the Northward of any and every part thereof, and all Lands and Heredita­ments whatsoever lying within the Limits aforesaid, North and South in La­titude, and in Breadth, and in Length and Longitude, of and within all the breadth aforesaid throughout the Main Lands there, from the Atlantick or Western Sea and Ocean on the East part, to the South Sea on the West part; and all Lands, Grounds, Place and Places, Soils, Woods and Wood-lands, Havens, Ports, Rivers, Waters and Hereditaments whatsoever, lying within the said Bounds and Limits, and every part and parcel thereof; and also all Islands in America aforesaid, in the said Seas, or either of them on the Western or Eastern Coasts or Parts of the said Tracts of Lands, thereby mentioned to be given and granted, or any of them; and all Mines and Minerals, as well Royal Mines of Gold and Silver as other Mines and Minerals whatsoever in the said Lands and Premises, or any part thereof; and free Liberty of Fishing in or with­in any of the Rivers or Waters within the bounds and limits aforesaid, and the Seas thereunto adjoyning; and all Fishes, Royal Fishes, Whales, Balene, Sturge­on, and other Fishes of what kind or Nature soever, that should at any time thereafter be taken in or within the said Seas or Waters, or any of them, by the said Sir Henry Roswell, Sir John Young, Sir Richard Saltenstall, Thomas Southcott, [Page 4] John Humphreys, John Endicott, Symon Whetcombe, Isaac Johnson, Samuel Aldersey, John Ven, Matthew Craddock, George Harwood, Increase Nowell, Richard Perry, Rich­ard Bellingham, Nathaniel Wright, Samuel Vassall, Theophilus Eaton, Thomas Golfe, Thomas Adams, John Brown, Samuel Brown, Thomas Hutchins, William Vassall, Willi­am Pincheon and George Foxcroft, their Heirs or Assigns, or by any other Person or Persons whatsoever here inhabiting, by them or any of them to be appointed to Fish therein. Provided alwayes, that if the said Lands, Islands, or any the Pre­mises before mentioned, and by the said Letters Patents last mentioned, intended and meant to be granted, were at the time of the granting of the said former Letters Pattents, Dated the third day of November, in the Eighteenth Year of the Reign of his late Majesty King James the First, actually possessed or inhabit­ed by any other Christian Prince or State, or were within the Bounds, Limits or Territories of the said Southern Collony then before granted by the said King, to be Planted by divers of his loving Subjects in the South parts of Ame­rica, That then the said Grant of our said Royal Grandfather should not ex­tend to any such parts or parcels thereof so formerly inhabited, or lying with­in the bounds of the Southern Plantation as aforesaid. But as to those Parts or Parcels so possessed or inhabited by any such Christian Prince or State, or being within the boundaries aforesaid, should be utterly void: To have and to hold, possess and enjoy the said parts of New-England in America, which lye, extend, and are abutted as aforesaid, and every part and parcel thereof; and all the Islands, Rivers, Ports, Havens, Waters, Fishings, Fishes, Mines, Mi­nerals, Jurisdictions, Franchises, Royalties, Liberties, Priviledges, Commodities and Premises whatsoever, with the Appurtenances, unto the said Sir Henry Roswell, Sir John Young, Sir Richard Saltenstall, Thomas Southcott, John Humphrys, John Endicott, Symond Whetcombe, Isaac Johnson, Samuel Aldersey, John Ven, Mat­thew Craddock, George Harwood, Increase Nowell, Richard Perry, Richard Belling­ham, Nathanael Wright, Samuel Vassall, Theophilus Eaton, Thomas Golfe, Thomas Adams, John Brown, Samuel Brown, Thomas Hutchins, William Vassall, William Pincheon and George Foxcroft, their Heirs and Assigns, for ever: To the only proper and absolute use and behoof of the said Sir Henry Roswell, Sir John Young, Sir Richard Saltenstall, Thomas Southcott, John Humphrys, John Endicott, Symond Whetcomb, Isaac Johnson, Samuel Aldersey, John Ven, Matthew Craddock, George Harwood, Increase Nowell, Richard Perry, Richard Bellingham, Nathaniel Wright, Samuel Vassall, Theophilus Eaton, Thomas Golfe, Thomas Adams, John Brown, Sa­muel Brown, Thomas Hutchins, William Vassall, William Pincheon and George Fox­croft, their Heirs and Assigns for evermore: To be holden of Our said Royal Grandfather, his Heirs and Successors, as of his Mannor of East-Greenwich in the County of Kent, within the Realm of England, in free and common Sockage, and not in Capite nor by Knights Service: And also yielding and paying there­fore to Our said Royal Grandfather, his Heirs and Successors, the fifth part only of all the Oar of Gold and Silver which from time to time, and at all times hereafter, should be gotten, had or obtained for all Services, Exactions and Demands whatsoever. Provided alwayes, and his Majesties express Will and meaning was, that only one fifth part of all the Gold and Silver Oar above mentioned in the whole, and no more should be answered, reserved or payable unto our said Royal Grandfather, his Heirs and Successors, by Colour or Ver­tue of the said last mentioned Letters Pattents, the double Reservations or Re­citals aforesaid, any thing therein contained notwithstanding. And to the end that the Affairs and Business which from time to time should happen and arise concerning the said Lands, and the Plantations of the same, might be the better Managed and Ordered, and for the good Government thereof, our said Royal Grandfather King Charles the First, did by his said Letters Pattents Create and make the said Sir Henry Roswell, Sir John Young, Sir Richard Saltenstall, Tho­mas Southcott, John Humphrys, John Endicott, Symond Whetcombe, Isaac Johnson, Samuel Aldersey, John Ven, Matthew Craddock, George Harwood, Increase Nowell, Richard Perry, Richard Bellingham, Nathanael Wright, Samuel Vassall and Theophi­lus Eaton, Thomas Golfe, Thomas Adams, John Brown, Samuel Brown, Thomas Hutch­ins, William Vassall, William Pincheon and George Foxcroft, and all such others as should thereafter be admitted and made free of the Company and Society there­in after mentioned, one Body Corporate and Politique in Fact and Name, by [Page 5] the Name of the Governour and Company of Massachusets-Bay in New-England, and did grant unto them and their Successors divers Powers, Liberties and Pri­viledges, as in and by the said Letters Pattents may more fully and at large ap­pear. And Whereas the said Governour and Society of the Massachusets-Bay in New-England, by Vertue of the said Letters Pattents did settle a Collony of the English in the said parts of America, and divers good Subjects of this King­dom, incouraged and invited by the said Letters Pattents did Transport themselves and their Effects into the same, whereby the said Plantation did become very populous, and divert Counties, Towns and Places, were Created, Erected, Named and set forth, or designed within the said parts of America, by the said Governour and Company for the time being: And Whereas in the Term of the Holy Trinity, in the thirty sixth Year of the Reign of our Dearest Unkle King Charles the Second, a Judgment was given in Our Court of Chancery then sitting at Westminster, upon a Writ of Scire facias, The first Char­ter vacated by a Judgment in Chancery, Anno 1684. brought and prosecuted in the said Court against the Governour and Company of the Massachusetts Bay in New-England, that the said Letters Pat­tents of our said Royal Grandfather King Charles the First, bearing date at Westminster the 4 th. day of March, in the fourth Year of his Reign, made and granted to the said Governour and Company of the Massachusetts Bay in New-England, and the Enrollment of the same should be cancelled, vacated and annihilated, and should be brought into the said Court to be cancelled, (as in and by the said Judgment remaining upon Record in the said Court doth more at large appear:) And whereas several Persons employed as Agents in behalf of our said Colony of the Massachusetts Bay in New-England, have made their humble Application unto us, That we would be graciously pleased by our Royal Charter to Incorporate our Subjects in our said Colo­ny, and to grant and confirm unto them such powers, The Agents of that Colony Petitioned to be reincorpo­rated as for­merly. priviledges and Fran­chizes as in our Royal Wisdom should be thought most Conducing to our Inte­rest and Service, and to the [...]lfare and happy State of our Subjects in New-England: And We being graciously pleased to gratifie our said Subjects, and also to the end our good Subjects within our Colony of New-Plymouth in New-England aforesaid, may be brought under such a form of Government, as may put them in a better [...]ondition of Defence, and considering as well the Granting unto them as unto our Subjects in the said Colony of the Massachu­setts Bay our Royal Charter, with reasonable Powers and Priviledges, will much tend not only to the safety, but to the flourishing Estate of our Subjects in the said pa [...]ts of New-England, and also to the advancing of the Ends for which the said Plantation were at first Encouraged; of our Special Grace, certain Knowledge, and meer Motion, have Willed and Ordained, and We do by these presents for us, our Heirs and Successors will and Ordain, That the Territories and Colonies commonly called or known by the Names of the Colony of the Massachusetts Bay, and Colony of New Plymouth, the Province of Main, the Territory called Accada, or Nova Scotia; And all that Tract of Land lying between the said Territories of Nova Scotia, The Massachu­sets, Plymouth, and the Pro­vince of Main, Nova Scotia, be united and made one Pro­vince. and the said Province of Main, be united, Erected and Incorporated: And we do by these presents unite, Erect and Incorporate the same into one Real Province by the Name of Our Province of the Massachusetts Bay in New-England, and of our Espe­cial Grace, certain knowledge, and meer motion, we have given and granted, and by these presents, for Us, our Heirs and Successors, do give and grant un­to our good Subjects, the Inhabitants of our said Province or Territory of the Massachusetts Bay, and their Successors, all that part of New-England in Ame­rica, lying and extending from the great River commonly called Monomack, alias Merrimack, on the North part, and from three miles Northward of the said River to the Atlantick or Western Sea or Ocean on the South part, The Extent and Bounds of that Province. and all the Lands and Hereditaments whatsoever lying within the Limits aforesaid, and Extending as far a [...] the outermost points or Promontories of Land called Cape-Cod, and Cape-Ma [...]l [...]bar North and South, and in Latitude, breadth, and in length and Longitude, of and within all the breadth and Compass aforesaid throughout the main Land there, from the said Atlantick or Western Sea and Ocean on the East part towards the South Sea, or Westward as far as our Colonies of Rhode Island, Connecticot, and the Narragansett Countrey: And also [Page 6] all that part and portion of main Land, beginning at the entrance of Piscata­way Harbour, and so to pass up the same into the River of Newickwannock, and through the same into the furthest head thereof, and from thence North­westward, till one hundred and twenty miles be finished, and from Piscataway Harbour mouth aforesaid Northeastward along the Sea Coast to Sagadahock, and from the period of one hundred and twenty miles aforesaid to cross-over land to the one hundred and twenty miles before reckoned up into the land from Piscataway Harbour through Newickwannock River, and also the North-half of the Isles of Shoals, together with the Isles of Capawock and Nantukett near Cape-Cod aforesaid, and also the Lands and Hereditaments lying and be­ing in the Countrey or Territory commonly called Accada, or Nova Scotia, and all those Lands and Hereditaments lying and extending between the said Countrey or Territory of Nova Scotia, and the said River of Sagadahock, or any part thereof; and all Lands, Grounds, Places, Soyls, Woods and Wood­grounds, Havens, Ports, Rivers, Waters, and other Hereditaments and Pre­misses whatsoever lying within the said Bounds and Limits aforesaid, and every part and parcel thereof: And also all Islands and Islets lying within Ten Leagues directly opposite to the Main-Land within the said Bounds: And all Mines and Minerals, All Mines and Minerals grant­ed to the In­habitants and their Success­ors. as well Royal Mines of Gold and Silver, as other Mines and Minerals whatsoever in the said Lands and Premisses, or any part thereof. To have and to hold, the said Territories, Tracts, Countreys▪ Lands, Hereditaments; and all and singular other the Premises, with their and every of their Appurtenants to our said Subjects the Inhabitants of our said Province of the Massachusets Bay in New-England, and their Successors, to their only proper Use and Behoof for evermore, To be holden of Us, our Heirs and Successors, as of our Mannour of East-Greenwich, in the County of Kent, by Fealty only in free and common Soccage: Yielding and paying therefore yearly to Us, our Heirs and Succes­sors, the Fifth part of all Gold and Silver Oar, and Precious-Stones which shall from time to time, and at all times hereafter, happen to be found, gotten, had and obtained in any of the said Lands and Premisses, or within any part thereof. Provided nevertheless, and we do for Us, our Heirs and Successors, grant and ordain, that all and every such Lands, Tenements and Hereditaments, and other Estates, which any Person or Persons, or Bodies Politick, or Corpo­rate, Towns, Villages, Colledges or Schools, do hold and enjoy, or ought to have, All Lands, He­reditaments, &c. formerly granted to any Town, Colledg, or School of Learning, con­firm'd. hold and enjoy, within the Bounds aforesaid, by or under any Grant or Estate duely made or granted by any General Court formerly held, or by virtue of the Letters Patents herein before recited, or by any other Lawful Right or Title whatsoever, shall be by such Person or Persons, Bodies Politick and and Corporate, Towns, Villages, Colledges, or Schools, their respective Heirs, Successors and Assigns for ever, hereafter held and enjoyed, according to the purport and intent of such respective Grant, under and subject nevertheless to the Rents and Services thereby reserved or made payable, any matter or thing whatsoever to the contrary notwithstanding. And provided also, That nothing herein contained shall extend, or be understood or taken, to impeach or preju­dice any Right, Title, Interest or Demand, which Samuel Allen of London, Merchant, from and under John Mason, Esq deceased, or any other Person or Persons, hath or have, or claimeth, or claim to have, hold or enjoy, of, into, or out of any part or parts of the Premisses scituate within the Limits above-mentioned: But that the said Samuel Allen, and all and every such per­son and persons, may and shall have, hold and enjoy the same in such manner, (and no other than) as if these Presents had not been had or made. It being our further Will and Pleasure, That no Grants, or Conveyances of any Lands, Tenements or Hereditaments to any Towns, Colledges, Schools of Learning, or to any private Person or Persons, shall be judged or taken, to be avoided or prejudiced, for, or by reason of any want or defect of Form, but that the same stand and remain in force, and be maintained and adjudged, and have effect in such manner as the same should or ought before the time of the said recited Judgment, according to the Laws and Rules then and there usually practised and allowed. The Gover­nours Council to Consist of 28 Assistants. And we do further, for Us, our Heirs and Successors, Will, Establish and Ordain, That from thenceforth for ever there shall be One Governour; One Lieutenant, or Deputy-Governour; and One Secretary of [Page 7] our said Province or Territory, to be from time to time appointed and com­missionated by Us, our Heirs and Successors; and Eight and twenty Assistants, or Councellors, to be advising and assisting to the Governour of our said Pro­vince or Territory for the time being, as by these Presents is hereafter directed and appointed: Which said Councellors or Assistants are to be constituted, elected and chosen in such form and manner as hereafter in these Presents is expressed. And for the better Execution of our Royal Pleasure and Grant in this behalf, We do by these Presents, for Us, our Heirs and Successors, no­minate, ordain, make and constitute our Trusty and Well-beloved Simon Broad­street, John Richards, Nathanael Saltenstall, Watt Winthrop, John Philips, James Russel, The Names of the first As­sistants. Samuel Sewall, Samuel Appleton, Bartholomew Gedney, John Hauthorn, Elisha Hutchinson, Robert Pike, Jonathan Curwin, John Jolliffe, Adam Winthrop, Richard Middlecot, John Fo­ster, Peter Serjeant, Joseph Lynd, Samuel Heyman, Stephen Mason, Thomas Hinkley, Wil­iam Bradford, John Walley, Barnabas Lothrop, Job Alcot, Samuel Daniel, and Silvanus Davis, Esq the first and present Councellors or Assistants of our said Province, to continue in their said respective Offices or Trusts of Councellors or Assistants until the last Wednesday in May, which shall be in the Year of our Lord, To continue until May, 1693. and un­til others are chosen by the Assembly. 1693. and until other Councillors or Assistants shall be chosen and appointed in their stead, in such manner as in these Presents is expressed And we do further by these Presents con­stitute and appoint our trusty and well-beloved Isaac Addington, Esq to be our first and present Secretary of our said Province, during our pleasure. And our Will and Pleasure is, That the Governour of our said Province for the time being, shall have Authority, from time to time, at his Discretion, The Gover­nour with se­ven Assistants to be a Coun­cil. to assemble and call together the Councellors or Assistants of our said Province for the time being: And that the said Governour, with the said Assistants or Councellors, or seven of them at the least, shall, and may from time to time hold and keep a Council [...] the order­ing and directing the Affairs of our said Province. And further, We [...] by these Presents for Us, our Heirs and Successors, do Ordain and Grant, that there shall and may be convened, A general Court of As­sembly to be held the last Wednesday in May, or oftener every Year. held and kept by the Governour for the time being, upon every last Wednesday in the Month of May, every Year, for ever, and at such other times as the Governour of our said Province shall think fit, and appoint, a Great and General Court or Assembly; which said Great General Court or Assembly shall consist of the Governour and Council or Assistants for the time being, and of such Free-holders of our said Province or Territory, as shall be from time to time elected or deputed by the major part of the Free-holders, and other Inhabitants of the respective Towns or Places who shall be present at such Elections, each of the said Towns and Places being hereby im­powered to elect and depute Two Persons and no more to serve for and repre­sent them respectively in the said Great and General Court or Assembly. Two Assem­bly-Men to be Chosen by the Freeholders in every Town. To which Great and General Court or Assembly to be held as aforesaid, We do hereby, for Us▪ our Heirs and Successors, give and grant full Power and Au­thority from time to time to direct, appoint and declare what number each County, Town and Place shall elect and depute to serve for, and represent them respectively in the said Great and General Court or Assembly. Provided always, that no Free-holder, or other person, shall have a Vote in the Election of Mem­bers to serve in any Great and General Court or Assembly to be held as afore­said, who at the time of such Election shall not have an Estate of Free-hold in Land within our said Province or Territory, to the value of Forty Shillings per Ann [...] [...]t the least; or other Estate to the value of Fifty Pounds sterling: And that every Person who shall be so elected, shall, before he Sit or Act in the said Great and General Court or Assembly, take the Oaths mentioned in an Act of Parliament made in the First Year of our Reign, entituled, An Act for the Abro­gating the Oaths of Allegiance and Supremacy, and appointing other Oaths: And there­by appointed to be taken instead of the Oaths of Allegiance and Supremacy: And shall make, repeat and subscribe the Declaration mentioned in the said Act, before the Governour, or Lieutenant or Deputy-Governour, or any Two of the Assistants for the time being, The Gover­nour has Pow­er to Adjourn, Prorogue and Dissolve the Assembly. who shall be thereunto authorized and appointed by our said Governour. And that the Governour for the time being shall have full Power and Authority from time to time, as he shall judge necessary, to Ad­journ, Prorogue and Dissolve all Great and General Courts or Assemblies met and conven'd as aforesaid. And our Will and Pleasure is, and we do hereby, for Us, our Heirs and Successors, grant, establish and ordain, That yearly, once in every Year for ever hereafter, the aforesaid number of Eight and twenty Coun­cellors [Page 8] or Assistants shall be by the General Court or Assembly newly chosen; that is to say, Eighteen at least of the Inhabitants of, or Proprietors of Lands within the Territory formerly called the Colony of the Massachusets-Bay; and Four at the least of the Inhabitants of, or Proprietors of Lands within the Ter­ritory formerly called New-Plimouth; and Three at the least of the Inhabi­tants of, The Gover­nours Councel­lors to be In­habitants or Proprietors of Land in New-England. or Proprietors of Lands within the Territory formerly called the Pro­vince of Maine; and one at the least of the Inhabitants of, or Proprietors of Land within the Territory lying between the River of Sagadahock and Nova Sco­tia. And that the said Councellors or Assistants, or any of them, shall or may at any time hereafter be removed or displaced from their respective Places or Trust of Councellors or Assistants, by any Great or General Court of Assembly; and that if any of the said Councellors or Assistants shall happen to die, or be removed, as aforesaid, before the General Day of Election, that then, and in every such Case, the Great and General Court or Assembly, at their first sitting, may proceed to a New Election of one or more Councellors or Assistants, in the room or place of such Councellors and Assistants so dying or removed. And we do further grant and ordain, That it shall and may be lawful for the said Governour, Judges, Sheriffs Justices, &c. to be appoint­ed with the Consent of the Governours Council. with the Advice and Consent of the Council or Assistants, from time to time, to nominate and appoint Judges, Commissioners of Oyer and Termaner, Sheriffs, Provosts, Marshals, Justices of the Peace, and other Officers, to our Council and Courts of Justice belonging. Provided always, that no such Nomination or Appointment of Officers be made without Notice first given, or Summons issued out seven days before such Nomination or Ap­pointment, unto such of the said Councellors or Assistants as shall be at that time residing within our said Province. And our Will and Pleasure is, That the Governour, Lieutenant or Deputy-Governour and Councellors, or Assistants for the time being, and all other Officers to be appointed or chosen, as aforesaid, shall, before the undertaking the Execution of their Offi­ces and Places respectively, What Oaths are to be taken. take their several and respective Oaths for the due and faithful performance of their Duties in their several and respective Of­fices and Places; and also the Oaths appointed by the said Act of Parliament made in the First Year of our Reign, to be taken instead of the Oaths of Alle­giance and Supremacy; and shall make, repeat and subscribe the said Declara­tion mentioned in the said Act, before such Person or Persons as are by these Prsesents herein after appointed: (That is to say,) The Governour of our said Province or Territory, for the time being, shall take the said Oaths, and make, repeat and subscribe the said Declaration before the Lieutenant, Deputy-Go­vernour; or, in his Absence, before any two or more of the said Persons hereby nominated and appointed the present Councellors or Assistants of our said Pro­vince or Territory, to whom we do by these Presents give full Power and Authority to give and administer the same to our said Governour accordingly. And after our said Governour shall be sworn, and shall have subscribed the said Declaration, that then our Lieutenant, or Deputy-Governour for the time being, and the Councellors or Assistants before by these Presents nominated and appointed, shall take the said Oaths, and make, repeat and subscribe the said Declaration before our said Governour: And that every such Person or Persons as shall (at any time of the Annual Elections, or otherwise, upon Death or Removal) be appointed to be the New Councellors or Assistants, and all other Officers to be hereafter chosen from time to time, shall take the Oaths to their respective Offices and Places belonging; and also the said Oaths appointed by the said Act of Parliament, to be taken instead of the Oaths of Allegiance and Supremacy; and shall make, repeat and subscribe the Declaration mentioned in the said Act, before the Governour, or Lieute­nant-Governour, or any two or more Councellors or Assistants, or such other Person or Persons as shall be appointed thereunto by the Governour for the time being: To whom We do therefore by these Presents give full Power and Authority, from time to time, to give and administer the same respectively, according to our true meaning herein before declared, without any Commis­sion, or further Warrant to be had and obtained from Us, our Heirs and Suc­cessors in that behalf. And our Will and Pleasure is, and we do hereby Require and Command, That all and every Person and Persons hereafter by Us, our [Page 9] Heirs and Successors, Nominated and Appointed to the respective Offices of Governour, or Lieutenant, or Deputy Governour, and Secretary of our said Province or Territory (which said Governour, or Lieutenant, The King re­serves to him self Power to appoint the Governour, Deputy Go­vernour, and Secretary or Deputy Go­vernour, and Secretary of our said Province or Territory for the time being, We do hereby Reserve full Power and Authority to Us, our Heirs and Suc­cessors, to Nominate and Appoint accordingly) shall before he or they be [...] to the Execution of their respective Offices, take as well the Oath for [...] and faithful Performance of the said Offices respectively, as also the Oaths appointed by the said Act of Parliament made in the said first Year of our Reign, to be taken instead of the said Oaths of Allegiance and Supre­macy, and shall also make, repeat and subscribe the Declaration appoint­ed by the said Act in such Manner, and before such Persons as aforesaid. And further Our Will and Pleasure is, and We do hereby for Us, Our Heirs and Successors, grant, establish and ordain, that all and every of the Subjects of Us, our Heirs and Successors, which shall go to and inhabit with­in our said Province and Territory, Persons born in New-Eng­land to have the Priviledg­es of Natural Subjects of England. and every of their Children which shall happen to be born there, or on the Seas in going thither, or returning from thence, shall have and enjoy all Liberties and Immunities of Free and Natural Subjects within any of the Dominions of Us, our Heirs and Suc­cessors, to all intents, constructions and purposes whatsoever, as if they and every of them were born within this our Realm of England: And for the greater Ease and Encouragement of our loving Subjects, inhabiting our said Province or Territory of the Massachusetts-Bay, and of such as shall come to inhabit there, We do by these Presents, for Us, our Heirs and Successors, grant, establish and ordain, Liberty of Conscience to be granted to all Christi­ans except Papists. that for ever hereafter there shall be a Liberty of Conscience allow'd in the Worship of God to all Christians (Except Pa­pists) inhabiting or which shall inhabit or be resident within our said Pro­vince or Territory. And we do hereby Grant and Ordain, That the Go­vernour, or Lieutenant or Deputy Governour of our said Province or Ter­ritory for the time being, or either of them, or any two or more of the Council o [...] Assistants for the time being, as shall be thereunto appointed by the said Governour, shall and may at all times, and from time to time here­after, have full Power and Authority to administer and give the Oaths ap­pointed by the said Act of Parliament, made in the first Year of Our Reign, to be taken instead of the Oaths of Allegiance and Supremacy, to all and eve­ry Person and Persons which are now inhabiting or residing within our said Province or Territory, or which shall at any time or times hereafter go or pass thither. And we do of our further Grace, certain Knowledge and meer Motion, Grant, Establish and Ordain, for Us, our Heirs and Successors, that the great and general Court or Assembly of our said Province or Territory for the time being, Conven'd as aforesaid, shall for ever have full Power and Authority to Erect and Constitute Judicatories and Courts of Record, and other Courts, to be held in the Name of Us, our Heirs and Successors, The general Court has Power to erect Judica­tories▪ to hear and determine concerning all manner of Crimes, capi­tal or not capi­tal, and Pleas, whether real, personal or mixt. for the Hearing, Trying and Determining of all and all manner of Crimes, Offences, Pleas, Processes, Plaints, Actions, Matters, Causes, and things whatsoever, ari­sing or happening within our said Province or Territory, or between persons inhabiting or residing there, whether the same be Criminal or Civil, and whe­ther the said Crimes be Capital or not Capital, and whether the said Pleas be real, personal or mixt, and for the awarding and making out of Execution there­upon: To which Courts and Judicatories, We do hereby, for Us, our Heirs and Successors, give and grant full Power and Authority from time to time to admi­nister Oaths for the better discovery of Truth in any matter in Controversie, or depending before them. And We do for Us, our Heirs and Successors, Grant, Establish and Ordain, that the Governour of our said Province or Ter­ritory for the time being, with the Council or Assistants, may do, execute or perform all that is necessary for the Probate of Wills, and granting Admini­strations for, touching or concerning, any Interest or Estate which any Person or Persons shall have within our said Province or Territory. And whereas we judge it necessary that all our Subjects should have Liberty to Appeal to Us, our Heirs and Successors in Cases that may deserve the same, We do by these Presents Ordain, that in Case either Party shall not rest satisfied with [Page 10] the Judgment or Sentence of any Judicatories or Courts within our said Province or Territory in any personal Action, Appeals to the King in some Personal Acti­ons. wherein the Matter in De­fence doth exceed the Value of three hundred pounds Sterling, that then he or they may Appeal to Us, our Heirs and Successors, in our or their Privy Council, Provided that such Appeal be made within fourteen dayes after the Sentence or Judgment given; and that before such Appeal be allowed, securi­ty be given by the Party▪ or Parties appealing, in the value of the matter in difference, to pay or answer the Debt or Damages for the which Judgment or Sentence is given, with such Costs and Damages as shall be awarded by Us, our Heirs or Successors, in Case the Judgment or Sentence be affirmed: And Pro­vided also that no Execution shall be staid or suspended by reason of such Ap­peal unto Us, our Heirs and Successors, in Our or their Privy Council, so as the Party suing or taking out Execution, do in like manner give security to the Value of the matter in Difference, to make Restitution in Case the said Judgment or Sentence be Reversed or Annulled upon the said Appeal. And We do further, for Us, our Heirs and Successors, Give and Grant to the said Governour, and the great and general Court or Assembly of our said Province or Territory for the time being, full Power and Authority, from time to time, to Make, The general Court has Power to make Laws, not repugnant to the Laws of England. Ordain and Establish all manner of wholsome and reasonable Orders, Laws, Statutes and Ordinances, Directions and Instructions, either with Pe­nalties or without (so as the same be not repugnant or contrary to the Laws of this our Realm of England) as they shall judge to be for the good and wel­fare of our said Province or Territory, and for the Government and Ordering thereof, and of the People inhabiting, or who shall inhabit the same, and for the necessary support and defence of the Government thereof. And We do for Us, our Heirs and Successors, give and grant, that the said General Court or Assembly shall have full Power and Authority to Name and settle Annual­ly, To Name and Settle Civil Officers. all Civil Officers within the said Province, such Officers Excepted, the Ele­ction and Constitution of whom We have by these Presents reserved to Us, our Heirs and Successors, or to the Governour of our said Province for the time being; and to set forth the several Duties, Powers and Limits, of every such Officer to be appointed by the said General Court or Assembly, and the Forms of such Oaths not repugnant to the Laws and Statutes of this our Realm of England, as shall be respectively administred unto them for the Execution of their several Offices and Places; and also to impose Fines, Mulcts, Imprisonments, and other Punishments, Power to im­pose Taxes on all the Inhabi­tants, to be dis­posed by War­rant from the Governour and Council, or according to such Acts as shall then be in force. and to impose and levy proportionable and reasona­ble Assessments, Rates and Taxes upon the Estates and Persons of all and eve­ry the Proprietors or Inhabitants of our said Province or Territory, to be issued and disposed of by Warrant under the Hand of the Governour of our said Province for the time being, with the Advice and Consent of the Coun­cil, for our Service in the necessary Defence and Support of our Government of our said Province or Territory, and the Protection and Preservation of the Inhabitants there, according to such Acts as are or shall be in force within our said Province, and to dispose of matters and things, whereby our Subjects, In­habitants of our said Province, may be religiously, peaceably and civilly go­verned, protected and defended, so as their good Life and orderly Conversa­tion may win the Indians, Natives of the Countrey, to the Knowledge and Obedience of the only true God and Saviour of Mankind, The Conversi­on of the Indi­ans to be en­deavoured. and the Christian Faith, which his late Majesty our Royal Grandfather King Charles the First, in his said Letters Patents declared was his Royal Intentions, and the Adven­turers free Profession to be the principal End of the said Plantation. And for the better securing and maintaining Liberty of Conscience hereby granted to all Persons at any time being and residing within our said Province or Ter­ritory as aforesaid, Willing, Commanding and Requiring, and by these Pre­sents, for Us, our Heirs and Successors, ordaining and appointing that all such Orders, Laws, Statutes and Ordinances, Instructions and Directions as shall be so Made and Published under our Seal of our said Province or Territo­ry, shall be carefully and duely observed, kept and performed, and put in Execution according to the true intent and meaning of these Presents. Provided alwayes, and We do by these Presents, for Us, our Heirs and Suc­cessors, Establish and Ordain, that in the framing and passing of all such Or­ders, [Page 11] Laws, Statutes and Ordinances, The Gover­nour to [...] the Assembly. and in all Elections and Acts of Go­vernment whatsoever, to be passed, made or done by the said General Court or Assembly, or in Council, the Governour of our said Province or Territory of the Massachusetts Bay in New-England for the time being, shall have the Ne­gative Voice, and that without his Consent or Approbation signified and de­clared in Writing, no such Orders, Laws, Statutes, Ordinances, Elections, or other Acts of Government whatsoever, so to be made, pass'd or done by the said General Assembly or in Council, shall be of any force, effect or validity, any thing herein contained to the contrary in any wise Notwithstanding. And We do for Us, our Heirs and Successors, Establish and Ordain, that the said Orders, Laws, Statutes and Ordinances, be by the first opportunity after the making thereof, sent or transmitted unto Us, our Heirs and Successors, under the Publick Seal, to be appointed by Us, for Our or their Approbation or Disallowance. And that in Case all or any of them shall at any time within the space of three Years next after the same shall have been presented to Us, our Heirs and Successors, in our or their Privy Council, be disallowed and rejected, and so signified by Us, our Heirs and Successors, under our or their Sign Manual and Signet, or by Order in our or their Privy Council, Laws to be sent to Eng­land for the Royal Appro­bation: If not disallowed within three Years, to be in force until Re­pealed by the Assembly. unto the Governour for the time being, then such and so many of them as shall be so disallowed and rejected, shall thenceforth cease and determine, and become utterly void and of none effect. Provided alwayes, that in Case We, our Heirs or Successors, shall not within the term of three Years after the presenting of such Orders, Laws, Statutes or Ordinances, as aforesaid, signifie our or their Disallowance of the same, then the said Orders, Laws, Statutes or Ordinan­ces, shall be and Continue in full Force and Effect, according to the true in­tent and meaning of the same, until the Expiration thereof, or that the same shall be repealed by the General Assembly of our said Province for the time being. Provided also, that it shall and may be lawfull for the said Governour and general Assembly to make or pass any Grant of Lands lying within the Bounds of the Colonies formerly called the Colonies of the Massachusetts Bay, and New Plymouth, and Province of Main, in such manner as heretofore they might have done by Vertue of any former Charter or Letters Pattents; which Grants of Lands within the Bounds aforesaid, We do hereby Will and Or­dain to be and continue of full Force and Effect, without our further Appro­bation or Consent And so as nevertheless, The general Court has Power to pass any grants of land in [...] the Province of Mayn. and it is our Royal Will and Plea­sure, that no Grant or Grants of any Lands lying or extending from the Ri­ver of Sagadahock, to the Gulph of St. Laurence and Canada Rivers, and to the Main Sea Northward and Eastward, to be made or past by the Governour and general Assembly of our said Province, be of any force, validity or effect, un­til We, our Heirs and Successors, shall have signified our or their Approbati­bation of the same. And We do by these Presents for Us, our Heirs and Suc­cessors, grant, establish and ordain, that the Governour of our Province or Territory for the time being, shall have full power by himself, Grants of Land between Saga­da [...]ock and St. Lawrence to have the Roy­al Approbati­on. or by any chief Commander, or other Officer or Officers, to be appointed from time to time, to Train, Instruct and Govern, and Exercise and Govern the Militia there; and for the special Defence and safety of our said Province or Territory, to Assemble in Martial Array, and put in Warlike Posture the Inhabitants of our said Province or Territory, and to Lead and Conduct them, and with them to Encounter, Expulse, Repell, Resist and Pursue by Force of Arms, as well by Sea as by Land, The Gover­nour to Com­mand the Militia. within or without the Limits of our said Province or Territory, and also to kill, slay, destroy and conquer, by all fitting wayes, en­terprizes and means whatsoever, all and every such Person and persons as shall at any time hereafter attempt or enterprize the destruction, invasion, detri­ment or annoyance of our said Province or Territory; and to use and exercise the Law Martial in time of actual War, Invasion or Rebellion, [...] occasion shall necessarily require; and also from time to time to erect Forts, and to Forti­fie any Place or Places within our said Province or Territory, and the same to furnish with all necessary Ammunition, Provision and Stores of War, for offence or defence, and to commit from time to time, the Custody and Government of the same, to such person or persons as to him shall seem meet, and the said Forts and Fortifications to demolish at his pleasure, and to take and surprize [Page 12] by all wayes and means whatsoever, all and every such Person or Persons, with their Ships, Arms, Ammunition, and other Goods, as shall in a Hostile manner Invade, or attempt the Invading, Conquering or Annoying of our said Province or Territory. Provided alwayes, and We do by these Presents, for Us, our Heirs and Successors, Grant, Establish and Ordain, That the said Governour shall not at any time hereafter, No Persons to be Transport­ed out of the Province with­out their own Consent. by Vertue of any Power hereby granted, or hereafter to be granted to him, Transport any of the Inhabitants of our said Province or Territory, or Oblige them to March out of the Li­mits of the same, without their free and voluntary Consent, or the Consent of the great and general Court or Assembly of our said Province or Territo­ry; nor grant Commissions for Exercising the Law Martial upon any the In­habitants of our said Province or Territory, The Law-Mar­tial not to be executed on any Inhabi­tant without the Consent of the Council. without the Advice and Consent of the Council or Assistants of the same. Provided in like manner, and We do by these Presents, for Us, our Heirs and Successors, Constitute and Or­dain, That when and as often as the Governour of our said Province for the time being, shall happen to dye, or be displaced by Us, our Heirs or Success­ors, or be absent from his Government, that then and in any of the said Cases, the Lieutenant or Deputy Governour of our said Province for the time being, shall have full Power and Authority, In the absence of the Gover­nour, the De­puty Gover­nour to have the same Pow­er. to do and execute all and every such acts, matters and things, which our Governour of our said Province for the time being, might or could by Vertue of these our Letters Patents lawfully do or execute, if he were personally present, until the return of the Governour so absent, or Arrival or Constitution of such other Governour as shall or may be appointed by Us, our Heirs or Successors in his stead; and that when and as often as the Governour, and Lieutenant or Deputy Governour of our said Province or Territory for the time being, shall happen to dye, or be displa­ced by Us, our Heirs or Successors, or be absent from our said Province; and that there shall be no person within the said Province, Commissionated by Us, In the absence of both the Governour and Deputy Governour, the major part of the Council to have their Power. our Heirs or Successors, to be Governour within the same; then and in every of the said Cases, the Council or Assistants of our said Province shall have full Power and Authority, and We do hereby give and grant unto the said Council or Assistants of our said Province for the time being, or the ma­jor part of them, full Power and Authority to do and execute all and every such acts, matters and things, which the said Governour, or Lieutenant or Deputy Governour of our said Province or Territory for the time being, might or could lawfully do or exercise, if they or either of them were personally present, until the return of the Governour, or Lieutenant or Deputy Gover­nour so absent, or Arrival or Constitution of such other Governour, or Lieu­tenant or Deputy Governour, as shall or may be appointed by Us, our Heirs or Successors from time to time. Provided alwayes, and it is hereby Declared, that nothing herein contained, shall extend or be taken to erect, or grant, or allow the exercise of any Admiral Court, Jurisdiction, Power or Autho­rity, but that the same shall be, and is hereby reserved to Us and our Succes­sors, and shall from time to time be erected, granted and exercised by Ver­tue of Commissions to be issued under the Great Seal of England, or under the Seal of the High Admiral, or the Commissioners for Executing the Office of High Admiral of England. And further, Our express Will and pleasure is, and We do by these presents, for Us, our Heirs and Successors, ordain and appoint that these our Letters Patents shall not in any manner Enure, or be taken to abridge, barr or hinder any of our loving Subjects whatsoever, to use and exercise the Trade of Fishing upon the Coasts of New-England, but that they and every of them shall have full and free Power and Libertie to continue and use their said Trade of Fishings upon the said Coasts, The Trade of Fishing not to be abridg'd. in any of the Seas thereunto adjoyning, or any Arms of the said Seas or Salt-water Rivers where they have been wont to Fish; and to build and set upon the Lands within our said Province or Colony, lying waste, and not then possess'd by particular Proprietors, such Wharfs, Stages and Work-houses, as shall be necessary for the salting, drying, keeping and packing of thei [...] Fish, to be taken or gotten upon that Coast, and to cut down and take such Trees and other Materials there growing, or being upon any parts or places lying waste, and not then in possession of particular Proprietors, as shall be needfull for [Page 13] that purpose, and for all other necessary easements, helps and advantages, concerning the said Trade of Fishing there, in such manner and form as they have been heretofore at any time accustomed to do, without making any wilfull waste or spoil, any thing in these Presents contained to the contra­ry notwithstanding. And Lastly, for the better providing and furnishing of Masts for our Royal Navy, We do hereby reserve to Us, Trees fit for Masts, not growing upon any Soil grant­ed to particu­lar Persons, to be preserved. our Heirs and Successors, all Trees of the Diameter of twenty four Inches, and upwards of twelve Inches from the ground, growing upon any Soil or Tract of Land within our said Province or Territory, not heretofore granted to any pri­vate Persons: And We do restrain and forbid all Persons whatsoever from felling, cutting or destroying any such Trees, without the Royal License of Us, our Heirs and Successors, first had and obtained, upon Penalty of Forfeit­ing One Hundred Pounds Sterling unto Us, our Heirs and Successors, for every such Tree so felled, cut, destroyed, without such License had or ob­tained in that behalf, any thing in these Presents contained to the contrary in any wise Notwithstanding. In Witness whereof, We have caused these our Letters to be made Patents. Witness Our Selves at Westminster, the seventh day of October, in the Third Year of Our Reign.