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
Presents shall come, Greeting.
Whereas by the several Navigations, Discoveries, and Successful Plantations
of divers of Our loving Subjects of this Our Realm of England, several
lands, Islands, Places, Colonies, and Plantations have been obtained and
settled in that Part of the Continent of America called New-England, and
thereby the Trade and Commerce there, bath been of late Years much increased:
And whereas We have been informed by the hirable Petition of our Trusty
and Well beloved John Winthrop, John Mason, Samuel Wyllys, Henry Clarke,
Matthew Allyn, John Tapping, Nathan Gold, Richard Treat, Richard Lord,
Henry Wolcott, John Talcott, Daniel Clarke, John Ogden, Thomas Wells, Obadias
Brewen, John Clerke, Anthony Hawkins, John Deming, and Matthew Camfeild,
being Persons principally interested in Our Colony or Plantation of Connecticut,
in NewEngland, that the same Colony, or the greatest part thereof, was
Purchased and obtained for great and valuable Considerations, and some
other Part thereof gained by Conquest, and with touch difficulty, and at
the only Endeavors, Cadence, and Charges of theirs and their Associates,
arced those under whom they Claim, Subdued, and Improved, and thereby become
a considerable Enlargement and Addition of Our Dominions and Interest there.
Now Know YE, That in consideration thereof, and in Regard the said Colony
is remote from other the English Plantations in the places aforesaid, and
to the End the Affairs and Business which shall from Time to Time happen
or arise concerning the same, may be duly Ordered and Managed, we have
thought fit, and at the humble Petition of the Persons aforesaid, and are
graciously Pleased to create and make them a Body Politicly and Corporate,
with the Powers and Privileges herein after mentioned; and accordingly
Our Will and Pleasure is, and of our especial Grace, certain Knowledge,
and meer Motion, We have ordained, constituted and declared, and by these
presents, for Us, Our Heirs and Successors, Do ordain, constitute and declare,
that they the said John Winthrop, John Mason, Samuel Wyllys, Henry Clarke,
Matthew Allyn, John Tapping, Nathan Gold, Richard Treat, Richard lord,
Henry Wolcott, John Talcott, Daniel Clarke, John Ogden, Thomas Wells, Obadiah
Bowed, John Clerke, Anthony Hawkins, John Deming, and Matthew Camfeild,
and all such others as now are, or hereafter shall be admitted and made
free of the Company and Society of Our Colony of Connecticut, in America,
shall from Time to Time, and for ever hereafter, be One Body Corporate
and politique, in Fact and Name, by the Name of, Governor and Company of
the English colony of Connecticut in New-England, in America;
And that by the same Name they and their Successors shall and may have
perpetual Succession, and shall and may be Persons able and capable in
the Law, to plead and be impleaded, to answer and to be answered unto,
to defend and be defended in all and singular Suits, Causes, Quarrels,
Matters, Actions, and Things, of what Kind or Nature soever; and also to
have, take, possess, acquire, and purchase Lands, Tenements, or Hereditaments,
or any Goods or Chattels, and the same to lease, grant, demise, alien,
bargain, sell, and dispose of, as other Our liege People of this Our Realm
of England, or any other Corporation or Body Politique within the same
may lawfully do. And further, That the said Governor and Company, and their
Successors shall and may forever hereafter have a common Seal, to serve
and use for all Causes, Matters, Things, and affairs whatsoever, of them
and their Successors, and the same Seal, to alter, change, break and make
new from Time to Time, at their Wills and Pleasures, as they shall think
fit. And further, We will and ordain, and by these Presents, forms, our
Heirs and Successors, do declare and appoint, that for the better ordering
and managing of the Affairs and Business of the said Company and their
Successors, there shall be One Governor, One Deputy-Governor, and Twelve
Assistants, to be from time to Time constituted, elected and chosen out
of the Freemen of the said Company for the Time being, in such Manner and
Form as hereafter in these Presents is expressed, which said Officers shall
apply themselves to take Care for the best disposing and ordering of the
general Business and all airs of and concerning the Land and Hereditaments
herein after mentioned to-be granted, and the Plantation thereof, and the
Government of the People thereof: And for the better Execution of Our Royal
Pleasure herein, We do for Us, Our Heirs, and Successors, assign, name,
constitute and appoint the aforesaid John Winthrop to be the first and
present Governor of the said Company, and the said John Mason, to be the
Deputy-Governor, and the said Samuel Wyllys, Matthew Allyn, Nathan Gold,
Henry Clerke, Richard Treat, John Ogden, John Tapping, John Talcott, Thomas
Wells, Henry Wolcott, Richard Lord, and Daniel Clerke, to be the Twelve
present assistants of the said Company, to continue in the said several
Offices respectively, until the second Thursday which shall be in the Month
of October now next coming. And further we Will, and by these Presents
for Us, Our Heirs, and Successors, Do ordain and grant, That the Governor
of the said Company for the Time being, or in his Absence by occasion of
Sickness, or otherwise by his Leave or Permission, the Deputy-Governor
for the Time being, shall and may from Time to Time upon all Occasions,
give Order for the assembling of the said Company, and calling them together
to consult and advise of the Business and Affairs of the said Company,
and that for ever hereafter, twice in every Year, That is to say, On every
Second Thursday in October, and on every Second Thursday in May, or oftener
in case it shall be requisite; the Assistants, and Freemen of the said
Company, or such of them (not exceeding Two Persons from each Place, Town,
or City) who shall be from Time to Time "hereunto elected or deputed by
the major Part of the Freemen of the respective Towns, Cities, and Places
for which they shall be elected or deputed, shall have a General Meeting
or Assembly, then and there to consult and advise in and about the Affairs
and Business of the said Company: and that the Governor, or in his Absence
the Deputy-Governor of the said Company for the Time being, and such of
the Assistants and Freemen of the said Company as shall be so elected or
deputed, and be present at such Meeting or Assembly, or the greatest Number
of them, whereof the Governor of Deputy-Governor, and Six of the Assistants
at least, to be Seven, shall be called the General Assembly, and shall
have full Power and authority to alter-and change their Days and Times
of Meeting, or General-Assemblies, for electing the Governor, Deputy-Governor,
and Assistants, other Officers or any other Courts, Assemblies or Meetings,
and to choose, nominate and appoint such and so many other Persons as they
shall; and shall be willing to accept the same, to be Free of the said
Company and Body Politique, and them into the same to admit; And to elect
and constitute such Officers as they shall think fit and requisite for
the ordering, managing and disposing of the Affairs of the said Governor
and Company, and their Successors:
And we do hereby for Us, Our Heirs and Successors, establish and ordain,
That once in the Year for ever hereafter, Namely, the said Second Thursday
in May, the Governor, Deputy-Governor, and Assistants of the said Company,
and other Officers of the said Company, or such of them as the said General
Assembly shall thinly fit, shall be in the said General Court and Assembly
to be held from that Day or Time, newly chosen for the Year ensuing, by
such greater Part of the said Company for the Time being, then and there
present; and if the Governor, Deputy-Governor, and Assistants by these
Presents appointed, or such as hereafter be newly chosen into their Rooms,
or any of them, or any other the Officers to be appointed for the said
Company shall die, or be removed from his or their several Offices or Places
before the said general Day of Election, whom We do hereby declare for
any Misdemeanor or Default, to be removable by the Governor, Assistants,
and Company, or such greater Part of them in any of the said public Courts
to be assembled, as is aforesaid, that then and in every such Case, it
shall and may be lawful to and for the Governor, Deputy-Governor, and Assistants,
and Company aforesaid, or such greater Part of them so to be assembled,
as is aforesaid, in any of their Assemblies, to proceed to a new Election
of one or more of their Company, in the Room or Place, Rooms or Places
of such Governor, Deputy-Governor, Assistant, or other Officer or Officers
so dying or removed, according to their Discretions, and immediately upon
and after such Election or Elections made of such Governor, Deputy-Governor,
Assistant or Assistants,- or any other Officer of the said Company, in
Manner and Form aforesaid, the Authority, Office and Power before given
to the former Governor, Deputy-Governor, or other Officer and Officers
so 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 also, And Our Will and Pleasure is, That as well such as are
by these Presents appointed to be the present Governor, Deputy-Governor,
and Assistants of the said Company, as those that shall succeed them, and
all other Officers to be appointed and chosen, as aforesaid, shall before
they undertake the Execution of their said Offices and Places respectively,
take their several and respective corporal Oaths for the due and faithful
Performance of their Duties, in their several Offices and Places, before
such Person or Persons as are by these Presents hereafter appointed to
take and receive the same; That is to say, The said John Winthrop, who
is herein before nominated and appointed the present Governor of the said
Company, shall take the said Oath before One or more of the Masters of
Our Court of Chancery for the Time being, unto which Master of Chancery,
We do by these Presents give full Power and Authority to administer the
Oath to the said John Winthrop accordingly: And the said John Mason, who
is herein before nominated and appointed the present Deputy-Governor of
the said Company, shall take Math before the said John Winthrop, or any
Two of the Assistants of the said Company, unto whom We do by these Presents
give full Power and Authority to administer the said Oath to the said John
Mason accordingly: And the said Saqnnel Wyllys, Henry Clerice, Matthew
Allyn, John Tapping, Nathan Cold, Richard Treat, Richard Lord, Henry Wolcott,
John Talcott, Daniel Clerke, John Ogden, and Thomas Wells, who 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 whom We do hereby give full Power and Authority to administer
the same accordingly.
And Our further Will and Pleasure is, that all and every Governor, or
Deputy-Governor to be elected and chosen by Virtue of these Presents, shall
take the said Oath before Two or more of the Assistants of the said Company
for the Time being, unto whom We do by these 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 be here after chosen from Time to Time, to take the said Oath before
the Governor, or Deputy-Governor for the Time being, unto which Governor,
or Deputy-Governor, We do by these Presents give full Power and Authority
to administer the same accordingly. And further, Of Our more ample 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 the said
Governor 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 be
Free of the said Colony, full Power and Authority from Time to Time, and
at all Times hereafter, to take Ship, Transport and carry away for and
towards the Plantation and Defence of the said Colony, such of Our loving
Subjects and Strangers, as shall or will willingly accompany them in, and
to their said Colony and Plantation, except such Person and Persons as
are or shall be therein restrained by Us, Our Heirs and Successors; and
also to ship and transport all, and all Manner of Goods, Chattels, Merchandises,
and other Things whatsoever that are or shall be useful or necessary for
the Inhabitants of the said Colony, and may lawfully be transported thither;
Nevertheless, not to be discharged of Payment to Us, our Heirs and Successors,
of the Duties, Customs and Subsidies which are or ought to be paid or payable
for the same.
And further, Our Will and Pleasure is, and We do for Us, Our Heirs and
Successors, ordain, declare, and grant unto the said Governor and Company,
and their Successors, That all, and every the Subjects of Us, Our Heirs,
or Successors, which shall go to inhabit within the said Colony, 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 Did natural Subjects within any the Dominions of
US, Our Heirs or Successors, to all Intents, Constructions and Purposes
whatsoever, as if the they and every of them were born within the realm
of England; And We do authorize and impower the Governor or in his Absence
the Deputy governor for the Time being, to appoint Two or more of the said
Assistants at any of their Courts or Assemblies to be held as aforesaid,
to have Power and Authority to administer the Oath of Supremacy and Obedience
to all and every Person or Persons which shall at any Time or Times hereafter
go or pass into the said Colony of Connecticut, unto which said Assistants
so to be appointed as aforesaid We do by these Presents give full Power
and Authority to administer the said Oath accordingly. And We do further
of Our especial Grace, certain Knowledge: and meer Motion, give, and grant
unto the said Governor and Company of the English Colony of Connecticut,
in New-England, in America, and their Successors, That it shall and may
be lawful to and for the Governor, or Deputy-Governor, and such of the
Assistants of the said Company for the Time being as shall be assembled
in any of the General Courts aforesaid, or in any Courts to be especially
summoned or assembled for that Purpose, or the greater part of them, whereof
the Governor, or Deputy-Governor, and Six of the Assistants to be always
Seven, to erect and make such Judicatories, for the hearing, and determining
of all Actions, Causes, Matters, and Things happening within the said Colony,
or Plantation, and which shall be in Dispute, and Depending there, as they
shall think Fit, and Convenient, and also from Time to Time to Make, Ordain,
and Establish all manner of wholesome, and reasonable Laws Statutes, Ordinances,
Directions, and Instructions, not Contrary to the Laws of this Realm of
England, as well for settling the Forms, and Ceremonies of Government,
and Magistracy, fit and necessary for the said Plantation, and the Inhabitants
there, as for Naming, and Stiling all Sorts of Officers, both Superior
and Inferior, which they shall find Needful for the Government, and Plantation
of the said Colony, and the distinguishing and setting forth of the several
Duties, Powels, and Limits of every such Office and Place, and the Forms
of such Oaths not being contrary to the Laws and Statutes of this Our Realm
of England, to be administered for the Execution of the said several Offices
and Places as also for the disposing and ordering of the Election of such
of the said Officers as are to be annually chosen, and of such others as
shall succeed in case of Death or Removal, and administring the said Oath
to the newly-elected Officers, and granting necessary Commissions, and
for Imposition of lawful Fines, Mulcts. Imprisonment or other Punishment
upon Offenders and Delinquents according to the Curse of other Corporations
within this our Kingdom of England, and the same Laws, Fines, Mulcts and
Executions, to alter, change, revoke, annul, release, or pardon under their
Common Seal, as by the said General Assembly, or the major Part of them
shall be thought fit, and for the directing, ruling and disposing of all
other Matters and things, whereby Our said People Inhabitants there, may
be so religiously, peaceably and civilly governed, as their good Life and
orderly Conversation may win and invite the Natives of the Country to the
Knowledge and Obedience of the only true GOD, and He Saviour of Mankind,
and the Christian Faith, which in Our Royal Intentions, and the adventurers
free Possession, is the only and principal End of this Plantation; willing,
commanding and requiring, and by these Presents for Us, Our Heirs and Successors,
ordaining and appointing, that all such Laws, Statutes and Ordinances,
Instructions, Impositions and Directions as shall be so made by the Governor,
Deputy-Governor, and Assistants as aforesaid, and published in Writing
under their Common Seal, shall carefully and duly be observed, kept, performed,
and put in Execution, according to the true Intent and Meaning of The same,
and these Our Letters Patents, or the Duplicate, or Exemplification thereof,
shall be to all and every such Officers, Superiors and Inferiors from Time
to Time, for the putting of the same Orders, Laws, Statutes, Ordinances,
Instructions, and Directions in due Execution, against Us, Our Heirs and
Successors, a sufficient Warrant and Discharge.
And We do further for US, Our Heirs and Successors, give and grant unto
the said Governor and Company, and their Successors, by these Presents,
That it shall and may be lawful to, and for the Chief Commanders, Governors
and Officers of the said Company for the Time being, who shall be resident
in the Parts of New-England hereafter mentioned, and others inhabiting
there, by their Leave, Admittance Appointment, or Direction, from Time
to Time, and at Al Times hereafter, for their special Defence and Safety,
to Assemble, Martial-Array, and put in warlike Posture the Inhabitants
of the said Colony, and to Commissionate, Impower, and Authorize such Person
or Persons as they shall think fit, to lead and conduct the said Inhabitants,
and to encounter, expulse, repel and resist by Force of Arms, as well by
Sea as by Land, and also to kill, slay, and destroy by all fitting Ways'
Enterprises, and Means whatsoever, all and every such Person or Persons
as shall at any Time hereafter attempt or enterprise the Destruction, Invasion,
Detriment, or Annoyance of the said Inhabitants or Plantation, and to use
and exercise the Law Martial in such Cases only as Occasion shall require;
and to take or surprize by all Ways and Means whatsoever, all and every
such Person and Persons, with their Ships' Armour, Ammunition and other
Goods of such as shall in such hostile Manner invade or attempt the defeating
of the said Plantation, or the hurt of the said Company and Inhabitants,
and upon just Causes to invade and destroy the Natives, or other Enemies
of the said Colony. Nevertheless; Our Will and Pleasure is, and We do hereby
declare unto all Christian Kings, Princes, and States, that if any Persons
which shall hereafter lie of the said Company or Plantation, or any other
by Appointment of the said Governor and Company for the Time being, shall
at anv Time or Times hereafter rob or spoil by Sea or by Land, and do any
Hurt, Violence, or unlawful Hostility to any of the Subjects of Us, Our
Heirs or Successors, or any of the Subjects of any Prince or State, being
then in League with Us, Our Heirs or Successors, upon Complaint of such
Injury done to any such Prince or State, or their Subjects, We, Our Heirs
and Successors will make open Proclamation within any Parts of Our Realm
of England fit for that Purpose, thin the Person or Persons committing
any such Robbery or Spoil, shall within the Time limited by such Proclamation,
make full Restitution or Satisfaction of all such Injuries Lone or committed,
so as the Said Prince, or others so complaining may be fully satisfied
and contented; and if the said Person or Persons who shall commit any such
Robbery or Spoil shall not make Satisfaction accordingly, within such Time
so to be limited, that then it shall and may be lawful for Us, Our Heirs
and Successors, to put such Person or Persons out of (whir Allegiance and
Protection; and that it shall and may be lawful and free for all Princes
or others to prosecute with Hostility such Offenders, and every of them,
their, and every of their Procurers, Aiders, Abettors and Counsellors in
that Behalf.
Provided also, and Our express Will and Pleasure is, and We do by these
Presents for Us, Our Heirs; and Successors, Ordain and Appoint, that these
Presents shall not in any Manner hinder any of Our loving Subjects whatsoever
to use and exercise the Trade of Fishing upon the Coast of New-England,
in America, but they and every or any of them shall have full and free
Power and Liberty, to continue, and use the said Trade of Fishing upon
the said Coast, in any of the Seas thereunto adjoining, or any Arms of
the Seas, or Salt Water Rivers where they have been accustomed to fish,
and to build and set up on the. waste Land belonging to the said Colony
of Connecticut, such Wharves, Stages, and Work-Houses as shall be necessary
for the salting, drying, and keeping of their Fish to be taken, or gotten
upon that Coast, any Thing in these Presents contained to the contrary
notwithstanding. And Know Ye further, That We, of Our abundant Grace, certain
Knowledge, and mere Motion, have given, granted, and confirmed, and by
these Presents for Us, our Heirs and Successors, do give, grant and confirm
unto the said Governor and Company, and their Successors, all that Part
of Our Dominions in New-England in America, bounded on the East by Narraganset-River,
commonly called Narraganset-Bay, where the said River falleth into the
Sea; and on the North by the Line of the If Massachusetts-Plantation; and
on the South by the Sea; and in Longitude as the Line of the Massachusetts-Colony,
running from East to West, That is to say, From the said Narraganset-Bay
on the East, to the South Sea on the West Part, with the Islands thereunto
adjoining, together with all firm Lands, Soils, Grounds, Havens, Ports,
Rivers, Waters, Dishings, Mines, Minerals, precious Stones, Quarries, and
all and singular other Commodities, Jurisdictions, Royalties, Privileges,
Franchises, 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 unto the said Governor and Company,
their Successors and Assigns for ever, upon Trust, and for the Use and
Benefit of Themselves and their Associates, Freemen of the said Colony,
their Heirs and Assigns, to be holden of Its, Our Heirs and Successors,
as of Our Manor of East-Greenwich, in free and common Soccage, and not
in Capite, nor by Knights Service, yielding and paying therefore to Us,
Our Heirs and Successors, only the Fifth Part of all the Ore of Gold add
Silver which from Time to Time, and at all Times hereafter, shall be there
gotten, had, or obtained, in Lieu of all Services, Duties, and Demands
whatsoever, to be to Us, our Heirs, or Successors therefore, or thereout
rendered, made, or paid.
And lastly, We do for Us, our Heirs and Successors, grant to the said
Governor and Company, and their Successors, by these Presents, That these
Our Letters Patents, shall be firm, good and effectual in the Law, to all
Intents, Constructions, and Purposes whatsoever according to Our true Intent
and Meaning herein before declared, as shall be construed, reputed and
adjudged most favourable on the Behalf, and for the best Benefit, and Behoof
of the said Governor and Company, and their Successors, although express
Mention of the true Yearly Value or Certainty of the Premises, or of any
of them, or of any other Gifts or Grants by Us, 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
these Presents is not made, or any Statute, Act, Ordinance, Provision,
Proclamation, or Restriction heretofore had, made, enacted, ordained, or
provided, or any other Matter, Cause, or Thing whatsoever, to the contrary
thereof, in any wise notwithstanding. In Witness whereof, We have caused
these Our Letters to be made Patents. Witness Ourself at Westminster, the
Three and Twentieth Day of April, in the Fourteenth Year of our Reign.
By Writ of Privy Seal,
HOWARD
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.