Abbildungen der Seite
PDF
EPUB

fome of their fubjects, when fcampering round the globe, fhould chance to fee their country as they are paffing along. With as much juftice might fome other nations grant charters to their fubjects, of pofleffions in England and France, because fome adventurers of their nations happened to fail along their coafts, as the people in England and France grant charters to their fubjects in America. It was a fair acknowledgment of thofe fettlers, that they did not believe their charters gave them a lawful title, when they purchased their lands from the natives of the country; and it is certainly no more than an act of justice, which all nations fhould obferve towards those that are giving them no trouble, to purchase what they mean to poffefs in their country. If, after they have made their purchase, they intend to hold of their native country as fubjects for protection, they ought undoubtedly to pay the ordinary refpects due to its government, and enjoy the common rights of others of the community. A charter can never lawfully proceed any farther than a promife of protection of thofe lawful poffeffions which the fubjects of a government have acquired: for no government can give a right to a foil which does not belong thereto. It is plain from this obfervation, that this Maffachusetts colony did not derive their right of manorship from any fovereign, but from purchafe; for at no time. can it be faid, that ever the lands of the Indians be. longed to either king or parliament of any nation in Europe. Their charter affirms that they were to hold their title to the foil in common, and free foccage, as of the manor of Eaft-Greenwich in Kent*,

but

* MASSACHUSETS COLONY CHARTER. Whereas our moft deare and roy- mory, by his Highness's letters paal Father King James of blefied me- tent beareing date at Weltminiter

the

but how a title could be given to a foil by thofe to whom it did not belong, appears rather whimsical and abfurd. It may be an amusement for lawyers to trifle with, but juftice and equity will remove all fuch ideas. One would think the colonists, though they were flying from oppreffion, had at this time very mean ideas of justice and liberty, to folicit a patent to carry in their pockets, to a foreign country, to claim a right to other people's lawful poffeffions, It would appear they faw the inconfiftency, and claim,

the third day of November, in the eighteenth year of his reign, hath given and granted unto the Councel eftablished at Plymouth in the county of Devon, for the planting, ruling, ordering, and governing of New-England in America, and to their heirs, fucceffours, and affignes for ever: All that part of America lying and being in breadth from forty degrees of northerly latitude from the equinoxtiall line to fourty eight degrees of the faid northerly latitude inclufively, and in length of and within all the breadth aforefaid throughout the maine lands fom fea to fea, together alfo with all the firme lands, foyles, grounds, havens, ports, rivers, waters, filhing, mines and mineralls, as well royall mines of gould and filver, as other mines and mineralls, precious ftones, quarries, and all and fingular other commodities, jurifdictions, privileges, franchifes and preheminences both within the faid tract of Land upon the maine, and alfo within the iflands and feas adjoining. Provided always that the faid iflands or any the premiffes by the faid letters patent intended and meant to be granted were not then actually poffeffed or inhabited by any other chriftian prince, or ftate, nor within the bounds limits or territories of

ed

the fouthern colonies then before granted by our faid deare father to be planted by fuch of his loving fubjects in the fouthern parts. To have and to hold, poffefs and enjoy all and fingular the aforefaid continent, lands, territories, islands, hereditaments and precincts, feas, waters,fifhings, with all and all manner their commodities, royalties, liberties, preheminences, and profits that should from thenceforth arise from thence with all and fingular their appurtenances, and every part and parcel thereof, unto the faid Coun cel, and their fucceffors and affignes for ever, to the fole and proper ufe, benefit and behoof of them the faid Councel and their fucceffors and affignes for ever: To be houlden of our faid most dear and royal Father, his heirs and fucceffors, as of his manor of Eaft-Greenwich in the county of Kent, in free and common foccage, and not in Capite nor by knights fervice. Yielding and paying therefore to the faid late King, his heirs and fucceflors the fifth part of the ore of gould and filver which fhould from time to time and at all times thenafter happen to be found, got, ten, had and obtained in, at, or within any of the faid lands, limits, territories and precincts, or in or within any part or parcel thereof, for or in respect of all and all man

дет

ed no right till they had firft made a bargain, and paid the purchase. Those who at prefent debate concerning these old parchments on either fide of the queftion, will never be able to draw an honourable conclufion from them, worthy of the true friends of liberty. In the hiftory of human nature, it is difficult to find confiftency, when men's interefts and paffions become counfellors for their actions.

The charms of a charter under the great feal of England wrought powerfully upon perfons of feveral

per of duties, demands aud fervices whatsoever to he done made or paid to our faid dear Father the late King his heirs and fucceffors; as in and by the faid letters patent (amongst fundry other claufes, powers, privileges and grants therein contained) more at large appeareth.

And whereas the faid Councel eftablished at Plymouth in the county of Devon, for the planting, ruling, ordering and governing of New England in America, have by their deed indented under their common feal bearing date the nineteenth day of March laft paft, in the third year of our reign, given, granted, bargained, fold, enfeoffed, aliened and confirmed to Sir Henry Rosewell, Sir John Young, knights, Thomas Southcott, John Humfrey, John Endicott and Symon Whetcomb, their heirs and affociates forever, all that part of New England in America aforefaid which lieth and extendeth between a great river there called Monomack, alias Merrimack, and a certain other river there called Charles river, being the bottom of a certain bay there commonly called Maffachusetts, alias Mattachusetts, alias Mattatufets bay, and alfo all and fingular thofe lands and hereditaments whatsoever lying and being within the space of

degrees;

three Englifh miles on the fouth part of the faid Charles river, or of any or every part thereof, and alfo all and fingular the lands and hereditaments whatfoever, lying and being within the pace of three Englith miles to the fouthward of the fouthermoft part of the faid bay called Maffachusetts, alias Mattachufetts. alias Mattatufetts bay, and alfo all thofe lands and hereditaments which lye and be within the fpace of three English miles to the northward of the faid river called Monomack, alias Merrimack, or to the northward of any and every part thereof, and all lands and hereditaments whatsoever, lyeing within the limits aforefaid, north and fouth, in latitude and breadth, and in length and longitude, of and within all the breadth aforefaid, throughout the main lands, there from the Atlantic and western fea and ocean on the east part to the fouth fea on the weft part, and all lands and grounds, place and places, foils woods and wood grounds, havens, ports, rivers, waters, fifhings and hereditaments whatfoever, lying within the faid bounds, and limits, and every part and parcel thereof, and also all'islands in America aforefaid in the faid feas or either of them on the weftern or eaftern coafts or parts of the faid tracts of lands by the faid indenture

mentioned

degrees; the diftreffed, the religious, and the avari| cious, from different motives, flocked to New-England. Perfons defcended of ancient families, miniffters of the Gofpel, merchants, husbandmen, artificers, during the fpace of twelve years, went over in large bodies to fettle in America. The expence of thofe migrations was truly extraordinary; it was computed that the paffage of the emigrants coft at least ninety thousand pounds; the tranfportation of the first small cattle, befides their price, coft twelve thou

mentioned to be given, granted, bargained, fold, enfeoffed, alieaed and confirmed or any of them: And alfo all mines and mineralls, as well royall mines of gould and filver, as other mines and mineralls whatfoever in the faid lands and premiffes or any part thereof, and all jurifdictions, rights, royalties, liberties, freedoms, immunities, priviledges, franchises, preheminences and commodities whatfoever, which they the faid Councel eftablished at Plymouth in the county of Devon for the planting ruling ordering and governing of NewEngland in America then had or might ufe exercife or enjoy, in and within the faid lands and premiffes by the faid indenture mentioned to be given, granted, bargained, fould, enfeoffed and confirmed, or in or within any part or parcel thereof. To have and to hould the faid part of New England in America which lyeth and extends and is abutted as aforefaid, and every part and parcel thereof; And all the faid iflands, rivers, ports, havens, waters, fiflings, mines and mineralls, jurifdictions, franchises, royalties, liberties, privileges, commodities, hereditaments and premiffes whatsoever, with the appurtenances, unto the faid Sir Henry Rofewell, Sir John Younge, Thomas Southcott, John Humfrey,

fand

John Endecott and Symon Whetcomb, their heirs and aflignes, and their affociates, to the only proper and abfolute ufe and behoof of the faid Sir Henry Rosewell, Sir John Younge, Thomas Southcott, John Humfrey, John Endecott and Symon Whetcomb, their heirs and affignes, and aflociates forevermore. To be houlden of us, our heirs and fucceffors, as of our manor of EaftGreenwich in the County of Kent, in free and common foccage, and not in Capite, nor by knights fervice, yielding and paying therefore unto us, our heirs and fucceffors,' the fifth part of the care of gould and filver which shall from time to time and at all times hereafter happen to be found, gotten, had and obtained, in any of the faid lands within the faid limits, or in or with in any part thereof, for and in fatisfaction of all manner of duties, demands and fervices whatsoever, to be done, made or paid to us, our heirs or fucceffors, as in and by the faid recited indenture more at large may appear.

Now know ye, that we, at the humble fuite and petition of the faid Sir Henry Rofewell, Sir John Younge, Thomas Southcott, John Humfrey, John Endecott and Symon Whetcomb, and of others whom they have affociated unto them. Have, for divers good caufes

and

[ocr errors]

fand pounds: the provisions laid in, till more could
be provided, cost forty-five thousand pounds; the
materials for building their firft cottages, coft eigh-
teen thousand pounds: their arms and ammunition,
including their artillery, twenty-two thoufand pounds.
Besides these vaft fums, the adventurers laid out many
other confiderable ones; and no fewer than an hun-
dred and ninety-eight fhips were employed in carry-
ing men, women, children, cattle, and other com-
modities to this new fettlement.

and confiderations us moving grant-
ed and confirmed, and by thefe pre-
fents of our especiall grace, certain
knowledge, and mere motion do
grant and confirm unto the faid
Sir Henry Rosewell, Sir John
Younge, Thomas Southcott, John
Humtrey, John Endecott, and Sy-
mon Whetcomb, and to their af
fociates hereafter named (videlicet)
Sir Richard Saltonftall, Knt. Ifaac
Johnfon, Samuel Alderfey, John
Ven, Matthew Craddock, George
Harwood, Increafe Nowell, Rich-
ard Bellingham, Nathaniel Wright,
Samuel Vaffall, Theophilus Eaton,
Thomas Goffe, Thomas Adams,
John Browne, Samuel Browne,
Thomas Hutchins, William Vaf
fall, William Pinchon, and George
Foxcroft their heirs and allignes,
all the faid part of New England in
America, lyeing and extending be-
tweene the bounds and limits in the
faid recited indenture expreffed,
and all lands and grounds, place
and places, foyles, wood and wood
grounds, havens, ports, rivers,
waters, mines, mineralls, jurifdic-
tions, rights, royalties, liberties,
freedoms, immunities, priviledges
franchises, preheminences, heredi-
taments and commodities whatfo-
ver to them the faid Sir Henry
Rofwell, Sir John Younge, Tho-
mas Southcott, John Humfrey,
John Endecott and Symon Whet

It must have been

an

combe, their heirs and affignes,
and to their affociates by the faid
recited indenture given, granted,
bargained, fould, enfeoffed, anen-
ed, or confirmed, or mentioned,
or intended thereby to be given,
granted, bargained, fould, enfeof-
fed, aliened, and confirmed. To
have and to hould the faid part of
New England in America and o-
ther the premiffes hereby mention-
ed to be granted and confirmed
and every part or parcell thereof
with the appurtenances unto the
faid Sir Henry Rofewell, Sir Jolm
Younge, Sir Richard Saltonftall,
Thomas Southcott, John Hum-
frey, John Endecott, Symon Wher-
comb, Ifaac Johnton, Samuel Al-
derfey, John Ven, Matthew Crad-
dock, George Harwood, Increase
Nowell, Richard Perry, Richard
Bellingham, Nathaniel Wright, Sa-
muel Vaffall, Theophilus Eaton,
Thomas Goffe, Thomas Adams,
John Browne, Samuel Browne,
Thomas Hutchins, William Vaffall,
William Pinchon, and George Fox-
croft, their heirs and affignes for e-
ver, to their only proper and abso-
lute ufe and behoof for evermore.
To be houlden of us our heirs and
fucceffors as of our mannor of
East Greenwich aforefaid in free
and common foccage, and not in
Capite nor by knights fervice, and
alfo yielding and paying therefore

to

« ZurückWeiter »