CHARLES the Second by the Grace of God King of England France and Ireland Defender of the Faith &c. To all to whom these presents shall come Greeting: Know yee that wee for divers good causes and consideracons have of our especiall grace certaine knowledge and meer motion given and granted and by these presents for us our heirs and successors do give and graunt unto our dearest brother James Duke of Yorke his heires and assigns All that part of the main land of New England, beginning at a certaine place called or known by the name of St. Croix nexe adjoining to New Scotland in America and from thence extending along the seacoast unto a certaine place called Petuaquine or Pemaquid and so up the river thereof to the furthest head of the same as it windeth northward and extending from the river of Kinebeque and so upwards by the shortest course to the river Canada northwards: And all that Island or Islands commonly called by the severall name or names of Matowacks or Long Islands scituate and being towards the west of Cape Cod and the narrow Higansetts abutting upon the main land between the two rivers there called or known by the severall names of Connecticutt and Hudson's River together also with the said river called Hudson's River and all the lands from the west side of Connecticutt river to the east side of Delaware Bay: And also all those severall Islands called or known by the names of Martin Vin Yards and Nantukes otherwise Nantuckett: Together with all the lands Islands soiles rivers harbors Mines Mineralls Quarries woods marshes waters Lakes dishings Hawking hunting and fl owling and all other royalties profits Commodities and Hereditaments to the said severall Islands Lands and premises belonging and appertaining with their and every of their appurtenants: And all our Estate right title and interest benefit and advantage claime and demand of in or to the said lands or premises or any part or parcell thereof and the revercon and revercons remainder and remainders together with the yearly and other rents revenues and profits of the premises and of every part and parcell thereof
To have and to hold all and singular the said lands and premises with their and every of their appurtents hereby given and graunted or herein before mentioned to be given and graunted unto our said dearest brother James Duke of Yorke his-hers and assigns forever To bee holden of us our heirs and successors as of our Manor of East Greenwich, in our county of Kent in free and common soccage and not in capite nor by Knight service yielding and rendering: And the said James Duke of Yorke for himself his heirs and assignee doth covenant and promise to yield and render unto Us our heirs and successors of and for the same yearly and every year fforty Beaver Skins when they shall bee demanded or within ninety days after such demand made and wee do further, of our speciall grace certaine knowledge and meer motion for Us Our heirs and successors give and graunt unto our said Dearest brother James Duke of Yorke his heirs Deputyes Agents Commissioners and assignee by these presents full and absolute power and authority to correct punish pardon govern and rule all such the subjects of us our heirs and successors or any other person or persons as shall from time to time adventure themselves into any of the parts or places aforesaid or that shall or do at any time hereafter inhabit within the same according to such Lawes orders ordinances directions and instructions as by our said dearest brother or his assignee shall bee established and in defect thereof in cases of necessity according to the good discretions of his Deputves Commissioners Office or Agents respectively as well in all cases and matters capitall and criminall as Civill Marine and Others so allwayes as the said Statutes ordinances and proceedings bee not contrary to but as neare as may bee agreeable to the Lawes Statutes and Government of this our realm of England and saving and reserving to Us our heirs and successors the receiving hearing and determining of the appeal and appeals of all or any person or persons of in or belonging to the Territoryes or Islands aforesaid or touching any Judgment or sentence to bee there made or given
And further that it shall and may bee lawfull to and for our said dearest brother his heirs and assigns by these presents from time to time to nominate make constitute ordaine and confirme such Lawes as aforesaid by such name or names stile or stiles as to him or them shall seem good And likewise to revoke discharge change and alter as well all and singular Governors officers and ministers which hereafter shall be by him or them thought fit and needful to be made or used within the aforesaid Islands and parts: And also to make ordaine and establish all maner of lawes orders direccons instructions formes and ceremonyes of Government and Magistracy fit and necessary for and concerning the Government of the Territoryes and Islands aforesaid so always as the same bee not contrary to the Lawes and Statutes of this our realme of England, but as neare as may bee agreeable thereunto and the same at all times hereafter to put in execution abrogate revoke or change not onely within the precincts of the said Territoryes or Islands but also upon the seas in going and coming to and from the same as tree or they in their good discretions shall think fittest for the good of the adventurers and inhabitants
And wee do further of our Especiall Grace certaine knowledge and meer motion graunt ordains and declare that such Governors Deputyes Officers and Ministers as from time to time shall bee authorized and appointed in manner and dorme aforesaid shall and may have full power and authority within the Territoryes aforesaid to use and exercise Marshall Lawe in cases of rebellion insurrection and Mutiny in as large and ample manner as our Lieutenants in our Countyes within Our realme of England have or ought to have by force of their Commission of Lieutenancy or any law or Statute of this our realme: And Wee do further by these presents for us our heirs and successors graunt unto Our said dearest brother James Duke of Yorke his heirs and assignee that it shall and may be lawfull to and for the said James Duke of Yorke his heirs and assignee in his or their discrecon from time to time to admit such and so many person and persons to trade and trafficke into and and within ye Territoryes and Islands aforesaid and into every or any of the Territoryes and Islands aforesaid and into every or any part and parcell thereof: And to have possess and enjoy any Lands and hereditaments in the parts and places aforesaid as they shall think fit according to the Lawes orders constitutions and ordinances by our said brother his heirs deputyes Commissioners and assignee from time to time to bee made and established by vertue of and according to the true intent and meaning of these presents and under such condicons preservacons and agreements as our said dearest brother his heirs and assigns shall set downe order direct and appoint and not otherwise as aforesaid
And we do further of our Especiall Grace certaine knowledge and meer motion for us our heires and successors give and graunt unto our said deare brother his heirs and assigns by these presents that it shall and may be lawfull to and for him them or any of them at all and Every time and times hereafter out of any of our realms or dominions whatsoever to take lead carry and transport in and into their voyages for and towards the Plantacons of our said Territoryes and Islands aforesaid all such and so many of our loving subjects or any other strangers being not prohibited or under restraint that will become our loving subjects and live under our allegiance and shall willingly accompany them in the said voyages together with all such cloathing implements fi urniture and other things usually transported and not prohibited as shall be necessary for the inhabitants of the said Islands and territoryes and for their use and defence thereof and managing and carrying on the trade with the people there and in passing and returning to and fro Yielding and paying to us our heirs and successors the customes and dutyes therefore due and payable according to the Lawes and Customes of this our realme And Wee do also for us our heirs and successors graunt unto our said dearest brother James Duke of Yorke his heirs and assignee and to all and every such Governor or Governors Deputyes their Officers or Ministers as by our said brother his heirs or assignee shall bee appointed to have power and authority of government or command in or ON or the inhabitants of the said Territorves or Islands that they of every of them shall and lawfully may from time to time and at all times forever hereafter for their severall defence and safety encounter repulse and Expell and resist by force of armes (as well by sea as by land) and all wayes and means whatsoever all such person and persons as without the speciall licence of our dearest brother his heirs and assignee shall attempt to inhabit within the severall precincts and limits of our said Territoryes and Islands and also all and every such person and persons whatsoever as shall enterprise and attempt at any time hereafter the destruccon invasion detriment or annoyance to the parts places or Islands aforesaid or any part thereof
And lastly our will and pleasure is and We do hereby declare and graunt that these our Letters Patents or the enrolment thereof shall bee good and Effectuall in the Law to all intents and purposes whatsoever notwithstanding the not well and true writing or menconing of the premises or any part thereof or the limits or bounds thereof or of any former or other Letters Patent or graunts whatsoever made or graunted or of any part thereof by us or any of our progenitors unto any person or persons whatsoever bodyes politick or corporate or any law or other restraint incertainty or imperfeccon whatsoever to the contrary in any w ise notwithstaluling although Expresse mention of the true yearly value or certainty of the premises or of any of them or of any other guifts or graunts by us or by any of our progenitors heretofore made to the said James Duke of Yorke in these presents is not made or any statute act ordinance provision proclamation or restriction heretofore had made enacted or provided or any other matter cause or thing whatsoever to the contrary thereof in any wise notwithstanding. In witnesse whereof Wee have caused these our Letters to bee made Patents Witnesse Our Selfe at Westm. the 29th day of June in the 26th yeare of our reigne.
PIGOTT.
Source: The Federal and State Constitutions Colonial Charters, and Other Organic Laws of the States, Territories, and Colonies Now or Heretofore Forming the United States of America Compiled and Edited Under the Act of Congress of June 30, 1906 by Francis Newton Thorpe Washington, DC : Government Printing Office, 1909. |