Massachusetts Bay Charter


by King Charles I
Colony charter
1629


And further, That the said Governour and Companye, and their Successors, maie have forever one comon Seale, to be used in all Causes and Occasions of the said Company, and the same Seale may alter, chaunge, breake, and newe make, from tyme to tyme, at their pleasures. And our Will and Pleasure is, and Wee doe hereby for Us, our Heires and Successors, ordeyne and graunte, That from henceforth for ever, there shalbe one Governor, one Deputy Governor, and eighteene Assistants of the same Company, to be from tyme to tyme constituted, elected and chosen out of the Freemen of the saide Company, for the twyme being, in such Manner and Forme as hereafter in theis Presents is expressed, which said Officers shall applie themselves to take Care for the best disposeing and ordering of the generall buysines and Affaires of, for, and concerning the said Landes and Premisses hereby mentioned, to be graunted, and the Plantation thereof, and the Government of the People there. And for the better Execution of our Royall Pleasure and Graunte in this Behalf, Wee doe, by theis presents, for Us, our Heires and Successors, nominate, ordeyne, make, and constitute; our welbeloved the saide Mathewe Cradocke, to be the first and present Governor of the said Company, and the saide Thomas Goffe, to be Deputy Governor of the saide Company, and the saide Sir Richard Saltonstall, Isaack Johnson, Samuell Aldersey, John Ven, John Humfrey, John Endecott, Simon Whetcombe, Increase Noell, Richard Pery, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Adams, Thomas Hutchins, John Browne, George Foxcrofte, William Vassall, and William Pinchion, to be the present Assistants of the saide Company, to continue in the saide several Offices respectivelie for such tyme, and in such manner, as in and by theis Presents is hereafter declared and appointed.

And further, Wee will, and by theis Presents, for Us, our Heires and Successors, doe ordeyne and graunte, That the Governor of the saide Company for the tyme being, or in his Absence by Occasion of Sicknes or otherwise, the Deputie Governor for the tyme being, shall have Authoritie from tyme to tyme upon all Occasions, to give order for the assembling of the saide Company, and calling them together to consult and advise of the Bussinesses and Affaires of the saide Company, and that the said Governor, Deputie Governor, and Assistants of the saide Company, for the tyme being, shall or maie once every Moneth, or oftener at their Pleasures, assemble and houlde and keepe a Courte or Assemblie of themselves, for the better ordering and directing of their Affaires, and that any seaven or more persons of the Assistants, togither with the Governor, or Deputie Governor soe assembled, shalbe saide, taken, held, and reputed to be, and shalbe a full and sufficient Courte or Assemblie of the said Company, for the handling, ordering, and dispatching of all such Buysinesses and Occurrents as shall from tyme to tyme happen, touching or concerning the. said Company or Plantation; and that there shall or maie be held and kept by the Governor, or Deputie Governor of the said Company, and seaven or more of the said Assistants for the tyme being, upon every last Wednesday in Hillary, Easter, Trinity, and Michas Termes respectivelie forever, one greate generall and solemne assemblie, which foure generall assemblies shalbe stiled and called the foure greate and generall Courts of the saide Company.

In all and every, or any of which saide greate and generall Courts soe assembled, Wee doe for Us, our Heires and Successors, give and graunte to the said Governor and Company, and their Successors, That the Governor, or in his absence, the Deputie Governor of the saide Company for the tyme being, and such of the Assistants and Freeman of the saide Company as shalbe present, or the greater nomber of them so assembled, whereof the Governor or Deputie Governor and six of the Assistants at the least to be seaven, shall have full Power and authoritie to choose, nominate, and appointe, such and soe many others as they shall thinke fitt, and that shall be willing to accept the same, to be free of the said Company and Body, and them into the same to admitt; and to elect and constitute such officers as they shall thinke fill and requisite, for the ordering, mannaging, and dispatching of the Affaires of the saide Governor and Company, and their Successors; And to make Lawes and Ordinances for the Good and Welfare of the saide Company, and for the Government and ordering of the saide Landes and Plantation, and the People inhabiting and to inhabite the same, as to them from tyme to tyme shalbe thought meete, soe as such Lawes and Ordinances be not contrarie or repugnant to the Lawes and Statuts of this our Realme of England.

And, our Will and Pleasure is, and Wee doe hereby for Us, our Heires and Successors, establish and ordeyne, That yearely once in the yeare, for ever hereafter, namely, the last Wednesday in Easter Tearme, yearely, the Governor, Deputy-Governor, and Assistants of the saide Company and all other officers of the saide Company shalbe in the Generall Court or Assembly to be held for that Day or Tyme, newly chosen for the Yeare ensueing by such greater parte of the said Company, for the Tyme being, then and there present, as is aforesaide. And, if it shall happen the present governor, Deputy Governor, and assistants, by theis presents appointed, or such as shall hereafter be newly chosen into their Roomes, or any of them, or any other of the officers to be appointed for the said Company, to dye, or to be removed from his or their severall Offices or Places before the saide generall Day of Election (whome Wee doe hereby declare for any Misdemeanor or Defect to be removeable by the Governor, Deputie Governor, Assistants, and Company, or such greater Parte of them in any of the publique Courts to be assembled as is aforesaid) That then, and in every such Case, it shall and maie be lawfull, to and for the Governor, Deputie Governor, Assistants, and Company aforesaide, or such greater Parte of them soe to be assembled as is aforesaide, in any of their Assemblies, to proceade to a new Election of one or more others of their Company in the Roome or Place, Roomes or Places of such Officer or Officers soe dyeing or removed according to their Discretions, And, immediately upon and after such Election and Elections made of such Governor, Deputie Governor, Assistant or Assistants, or any other officer of the saide Company, in Manner and Forme aforesaid, the Authoritie, Office, and Power, before given to the former Governor, Deputie Governor, or other Officer and Officers soe removed, in whose Steade and Place newe shalbe soe chosen, shall as to him and them, and everie of them, cease and determine

Provided alsoe, and our Will and Pleasure is, That aswell such as are by theis Presents appointed to be the present Governor, Deputie 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 saide Offices and Places respectivelie, take their Corporal Oathes for the due and faithfull Performance of their Duties in their severall Offices and Places, before such Person or Persons as are by theis Presents hereunder appointed to take and receive the same...

And, further our Will and Pleasure is, and Wee doe hereby for Us, our Heires and Successors, ordeyne and declare, and graunte to the saide Governor and Company and their Successors, That all and every the Subjects of Us, our Heires or Successors, which shall goe to and inhabite within the saide Landes and Premisses hereby mentioned to be graunted, and every of their Children which shall happen to be borne there, or on the Seas in goeing thither, or retorning from thence, shall have and enjoy all liberties and Immunities of free and naturall Subjects within any of the Domynions of Us, our Heires or Successors, to all Intents, Constructions, and Purposes whatsoever, as if they and everie of them were borne within the Realme of England. And that the Governor and Deputie Governor of the said Company for the Tyme being, or either of them, and any two or more of such of the saide Assistants as shalbe thereunto appointed by the saide Governor and Company at any of their Courts or Assemblies to be held as aforesaide, shall and maie at all Tymes, and from tyme to tyme hereafter, have full Power and Authoritie to minister and give the Oathe and Oathes of Supremacie and Allegiance, or either of them, to all and everie Person and Persons, which shall at any Tyme or Tymes hereafter goe or passe to the Landes and Premisses hereby mentioned to be graunted to inhabite in the same.

And, Wee doe of our further Grace, certen Knowledg and meere Motion, give and graunte to the saide Governor and Company, and their Successors, That it shall and maie be lawfull, to and for the Governor or Deputie Governor, and such of the Assistants and Freemen of the said Company for the Tyme being as shalbe assembled in any of their generall Courts aforesaide, or in any other Courtes to be specially sumoned and assembled for that Purpose, or the greater Parte of them (whereof the Governor or Deputie Governor, and six of the Assistants to be alwaies seaven) from tyme to tyme, to make, ordeine, and establishe all Manner of wholesome and reasonable Orders, Lawes, Statutes, and Ordinances, Directions, and Instructions, not contrairie to the Lawes of this our Realme of England, aswell for setling of the Formes and Ceremonies of Government and Magistracy, fitt and necessary for the said Plantation, and the Inhabitants there, and for nameing and setting of all sorts of Officers, both superior and inferior, which they shall finde needefull for that Governement and Plantation, and the distinguishing and setting forth of the severall duties, Powers, and Lymytts of every such Office and Place, and the Formes of such Oathes warrantable by the Lawes and Statutes of this our Realme of England, as shalbe respectivelie ministred unto them for the Execution of the said severall Offices and Places; as also, for the disposing and ordering of the Elections of such of the said Officers as shalbe annuall, and of such others as shalbe to succeede in Case of Death or Removeall, and ministring the said Oathes to the newe elected Officers, and for Impositions of lawfull Fynes, Mulcts, Imprisonment, or other lawfull Correction, according to the Course of other Corporations in this our Realme of England, and for the directing, ruling, and disposeing of all other Matters and Thinges, whereby our said People, Inhabitants there, may be soe religiously, peaceablie, and civilly governed, as their good Life and orderlie Conversation, maie wynn and incite the Natives of Country, to the Knowledg and Obedience of the onlie true God and Savior of Mankinde, and the Christian Fayth, which in our Royall Intention, and the Adventurers free Profession, is the principall Ende of this Plantation.

Willing, commaunding, and requiring, and by theis Presents for Us, our Heires, and Successors, ordeyning and appointing, that all such Orders, Lawes, Statuts and Ordinances, Instructions and Directions, as shalbe soe made by the Governor, or Deputie Governor of the said Company, and such of the Assistants and Freemen as aforesaide, and published in Writing, under their common Seale, shalbe carefullie and dulie observed, kept, performed, and putt in Execution, according to the true Intent and Meaning of the same; and theis our Letters- patents, or the Duplicate or exemplification thereof, shalbe to all and everie such Officers, superior and inferior, from Tyme to Tyme, for the putting of the same Orders, Lawes, Statutes, and Ordinances, Instructions, and Directions, in due Execution against Us, our Heires and Successors, a sufficient Warrant and Discharge.

And Wee doe further, for Us, our Heires and Successors, give and graunt to the said Governor and Company, and their Successors by theis Presents, that all and everie such Chiefe Comaunders, Captaines, Governors, and other Officers and Ministers, as by the said Orders, Lawes, Statuts, Ordinances, Instructions, or Directions of the said Governor and Company for the Tyme being, shalbe from Tyme to Tyme hereafter imploied either in the Government of the saide Inhabitants and Plantation, or in the Waye by Sea thither, or from thence, according to the Natures and Lymitts of their Offices and Places respectively, shall from Tyme to Tyme hereafter for ever, within the Precincts and Partes of Newe England hereby mentioned to be graunted and confirmed, or in the Waie by Sea thither, or from thence, have full and Absolute Power and Authoritie to correct, punishe, pardon, governe, and rule all such the Subjects of Us, our Heires and Successors, as shall from Tyme to Tyme adventure themselves in any Voyadge thither or from thence, or that shall at any Tyme hereafter, inhabite within the Precincts and Partes of Newe England aforasaid, according to the Orders, Lawes, Ordinances, Instructions, and Directions aforesaid, not being repugnant to the Lawes and Statutes of our Realme of England as aforesaid...

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ery+one+must+confess+needs+a+remedy%3B+though+most%0D%0Athink+it+hard+to+find+one%2C+because+the+constitution+of+the+legislative+being+the+original+and+supreme%0D%0Aact+of+the+society%2C+antecedent+to+all+positive+laws+in+it%2C+and+depending+wholly+on+the+people%2C+no%0D%0Ainferior+power+can+alter+it...%3Cbr%3E%0D%0A%3Cp%3E%0D%0A158.+...If%2C+therefore%2C+the+executive+who+has+the+power+of+convoking+the+legislative%2C+observing%0D%0Arather+the+true+proportion+than+fashion+of+representation%2C+regulates+not+by+old+custom%2C+but+true%0D%0Areason%2C+the+number+of+members+in+all+places%2C+that+have+a+right+to+be+distinctly+represented%2C+which%0D%0Ano+part+of+the+people%2C+however+incorporated%2C+can+pretend+to%2C+but+in+proportion+to+the+assistance%0D%0Awhich+it+affords+to+the+public%2C+it+cannot+be+judged+to+have+set+up+a+new+legislative%2C+but+to+have%0D%0Arestored+the+old+and+true+one%2C+and+to+have+rectified+the+disorders+which+succession+of+time+had%0D%0Ainsensibly+as+well+as+inevitably+introduced%3B+for+it+being+the+interest+as+well+as+intention+of+the%0D%0Apeople+to+have+a+fair+and+equal+representative%2C+whoever+brings+it+nearest+to+that+is+an+undoubted%0D%0Afriend+to+and+establisher+of+the+government%2C+and+cannot+miss+the+consent+and+approbation+of+the%0D%0Acommunity%3B+prerogative+being+nothing+but+a+power+in+the+hands+of+the+prince+to+provide+for+the%0D%0Apublic+good+in+such+cases+which%2C+depending+upon+unforeseen+and+uncertain+occurrences%2C+certain%0D%0Aand+unalterable+laws+could+not+safely+direct...+The+power+of+erecting+new+corporations%2C+and%0D%0Atherewith+new+representatives%2C+carries+with+it+a+supposition+that+in+time+the+measures+of%0D%0Arepresentation+might+vary%2C+and+those+have+a+just+right+to+be+represented+which+before+had+none%3B%0D%0Aand+by+the+same+reason%2C+those+cease+to+have+a+right%2C+and+be+too+inconsiderable+for+such+a%0D%0Aprivilege%2C+which+before+had+it.+It+is+not+a+change+from+the+present+sccons and Instruccons, not contrary to the laws of this Realme of England, as well for setling the formes and Ceremonies of Government and Magestracy fitt and necessary for the said Plantacon and the Inhabitants there as for naming and Stileing all sorts of Officers, both superior and inferior, which they shall find needfull for the Government and Plantacon of the said Colony, and the distinguishing and setting forth of the severall Dutyes, Powers and Lymitts of every such Office and Place, and the formes of such Oaths, not being contrary to the Laws and Statutes of this our Realme of England, to bee administered for the Execucon of the said severall Offices and Places; As alsoe for the disposeing and Ordering of the Eleccon of such of the said Officers as are to bee Annually Chosen, and of such others as shall succeed in case of death or removall, and Administering the said Oath to the new Elected Officers, and Graunting necessary Comissions, and for imposicon of lawfull Fines, Mulcts, Imprisonment or other Punishment vpon Offenders and Delinquents, according to the Course of other Corporacons within this our Kingdome of England, and the same Lawes, fines, Mulcts and Execucons to alter, change, revoke, adnull, release or Pardon, vnder their Comon Seale, As by the said Generall Assembly or the major part of them shall be thought fitt; And for the directing, ruleing and disposing of all other matters and things whereby our said people, Inhabitants there, may bee soe religiously, peaceably and civilly Governed as their good life and orderly Conversacon may wynn and invite the Natives of the Country to the knowledge and obedience of the onely true God and Saviour of mankind, and the Christian faith, which in our Royall intencons and the Adventurers free profession is the onely and principall end of this Plantacon; WILLING, Commanding and requireing, and by these presents, for vs, our heires and Successors, Ordaineing and appointeing. That all such Lawes, Statutes and Ordinances, Instruccons, Imposicons, and Direccons as shall bee soe made by the Governour, Deputy Governour, and Assistants, as aforesaid, and published in writeing vnder their Comon Seale, shall carefully and duely bee observed, kept, performed and putt in execucion, according to the true intent and meaning of the same.

AND these our letters Patents, or the Duplicate or Exemplification thereof, shall bee to all and every such Officers, Superiors and inferiors, from tyme to tyme, for the Putting of the same Orders, Lawes, Statutes, Ordinances, Instruccons and Direccons in due Execucon, against vs, our heires and Successors, a sufficient warrant and discharge.

AND WEE DOE FURTHER, for vs, our heires and Successors, give and Graunt vnto the said Governor and Company and their Successors, by these presents, That itt shall and may bee lawfull to and for the chiefe Commanders, Governours and Officers of the said Company for the tyme being whoe shall bee resident in the parts of New England hereafter menconed, and others inhabitating there by their leave, admittance, appointment or direccon, from tyme to tyme and att all tymes hereafter, for their speciall defence and safety, to Assemble, Martiall, Array, and putt in Warlike posture the Inhabitants of the said Colony, and to; Commissionate, Impower and authorize such Person or Persons as they shall thinke fitt to lead and Conduct the said Inhabitants, and to encounter, expulse, repell and resist by force of Armes, as well by Sea as by land, And alsoe to kill, Slay and destroy, by all fitting wayes, enterprizes and meanes whatsoever, all and every such Person or Persons as shall at any tyme hereafter Attempt or enterprize the destruccon, Invasion, detriment or annoyance of the said Inhabitants or Plantacon, And to vse and exercise the law Martiall, in such Cases onely as occasion shall require, And to take or surprize by all wayes and meanes whatsoever, all and every such Person and Persons, with their Shipps, Armour, Ammunicon, and other goods of such as shall in such hostile manner invade or attempt the defeating of the said Plantacon or the hurt of the said Company and Inhabitants; and vpon just Causes to invade and destroy the Natives or other Enemyes of the said Colony.

NEVERTHELESSE, Our Will and pleasure is, AND WEE DOE hereby Declare vnto all Christian Kings, Princes and States, That if any Persons which shall hereafter Bee of the said Company or Plantacon, or any other, by appointment of the said Governor and Company for the tyme being, shall at any tyme or tymes hereafter Robb or Spoile by Sea or by land, and doe any hurt, violence or unlawful hostility to any of the Subjects of vs, our heires or Successors, or any of the Subjects of any Prince or State beinge then in league with vs, our heires or Successors, vpon Complaint of such injury done to any such Prince or State, or their Subjects WEE, our heires and Successors, will make open Proclamacon within any parts of our Realme of England fitt for that purpose, That the Person or Persons committinge any such Robbery or Spoile, shall within the tyme lymitted by such Proclamacon, make full restitucon or satisfaccon of all such injuries done or committed, Soe as the said Prince or others soe complayneing may bee fully satisfied and contented. And if the said Person or Persons whoe shall committ any such Robbery or Spoile shall not make satisfaccon accordingly, within such tyme soe to bee limited, That then itt shall and may bee lawful for vs, our heires and Successors, to put such Person or Persons out of our Allegiance and Proteccon: And that it shall and may bee lawfull and free for all Princes or others to Prosecute with hostility such Offenders and every of them, their and every of their Procurers, ayders, Abettors and Councellors in that behalfe. PULMVIDED, alsoe, and our expresse will and pleasure is, AND WEE DOE by these presents for vs, our heires and Successors, Ordeyne and appointe that these presents shall not in any manner hinder any of our loveing Subjects whatsoever to vse and exercise the Trade of Fishinge vpon the coast of New England in America, but they and every or any of them shall have full and free power and liberty to contynue and vse the said Trade of Fishing upon the said Coast, in any of the Seas therevnto adioyning, or any Armes of the Seas or Salt Water Rivers where they have byn accustomed to Fish, and to build and sett vpon the wast land belonging to the said Colony of Connecticutt, such Wharfes, Stages and workehouses as shall bee necessary for the Salting, dryeing and keeping of their Fish to bee taken or gotten vpon that Coast, any thinge in these presents conteyened to the contrary notwithstanding.

AND KNOWE YEE FURTHER, That Wee, of our more abundant grace, certaine knowledge and meere mocon HAVE given, Graunted and Confirmed, And by theis presents for vs, our heires and Successors, DOE give, Graunt and Confirme vnto the said Governor and Company and their Successors, AULM that parte of our Dominions in Newe England in America bounded on the East by Norrogancett River, commonly called Norrogancett Bay, where the said River falleth into the Sea, and on the North by the lyne of the Massachusetts Plantacon, and on the South by the Sea, and in longitude as the lyne of the Massachusetts Colony, runinge from East to West, (that is to say,) from the Said Norrogancett Bay on the East to the South Sea on the West parte, with the Islands thervnto adioyneinge, Together with all firme lands, Soyles, Grounds, Havens, Ports, Rivers, Waters, Fishings, Mynes, Mynerals, Precious Stones, Quarries, and all and singular other Comodities, Iurisdiccons, Royalties, Priviledges, Francheses, Preheminences, and hereditaments whatsoever within the said Tract, Bounds, lands and Islands aforesaid, or to them or any of them belonging.

TO HAVE AND TO HOLD the same vnto the said Governor and Company, their Successors and Assignes, for ever vpon Trust and for the vse and benefitt of themselves and their Associates, freemen of the said Colony, their heires and Assignes, TO BEE HOLDEN of vs, our heires and Successors, as of our Mannor of East Greenewich, in Free and Common Soccage, and not in Capite nor by Knights Service, YULMLDING AND PAYINGE therefore to vs, our heires and Successors, onely the Fifth parte of all the Oare of Gold and Silver which from tyme to tyme and at all tymes hereafter shall bee there gotten, had or obteyned, in liew of all Services, Dutyes and Demaunds whatsoever, to bee to vs, our heires or Successors, therefore or thereout rendered, made or paid.

AND LASTLY, Wee doe for vs, our heires, and Successors, Graunt to the said Governor and Company and their Successors, by these presents, that these our Letters Patent shall bee firme, good and effectuall in the lawe to all intents, Construccons and purposes whatsoever, accordinge to our true intent and meaneing herein before Declared, as shall be Construed, reputed and adiudged most favourable on the behalfe and for the best benefitt and behoofe of the said Governor and Company and their Successors, ALTHOUGH EXPRESSE MENCON of the true yearely value or certeinty of the premises, or of any of them, or of any other Guifts or Graunts by vs or by any of our Progenitors or Predecessors heretofore made to the said Governor and Company of the English Colony of Connecticut in New England in America aforesaid in theis presents is not made, or any Statute, Act, Ordinance, Provision, Proclamacon or Restriccon heretofore had, made. Enacted, Ordeyned or Provided, or any other matter, Cause or thinge whatsoever to the contrary thereof in any wise notwithstanding.

IN WITNES whereof, we have caused these our Letters to be made Patent; WITNES our Selfe, att Westminister, the three and Twentieth day of Aprill, in the Fowerteenth yeare of our Reigne.

By writt of Privy Seale

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