tober. The charter of this province is as compleat fett bay and countries and parts adjacent, bounded on the weft, or wefterly, to the middle or channel of a river there, commonly called and known by the name of Pawcatuck alias Pawcawtuck river, and fo along the faid river, as the greater or middle ftream thereof reacheth or lies up into the north country, northward unto the head there. of, and from thence by a ftrait line drawn due north, until it meet with the youth line of the Maffachusetts colony, and on the north or northerly, by the aforefaid fouth or foutherly line of the Maffachusetts colony or plantation, and extending towards the eaft or eaftwardly three English miles, to the eaft and north-eaft of the most eaftern and north-eastern parts of the aforefaid Narragansett bay, as the faid bay lieth or extendeth itfelf from the ocean on the fouth or fouthwardly unto the mouth of the river which runneth towards the town of Providence, and from thence along the eastwardly fide or bank of the faid river (higher called by the name of Seacunk river) up to the falls called Patucket falls, being the moft weftwardly line of Plymouth colony; and fo from the faid falls, in a ftrait line due north, until it meet with the aforefaid line of the Maffachufetts colony, and bounded on the fouth by the ocean, and in particular the lands belonging to the town of Providence, Patuxet, Warwick, Mifquammacock alias Pawcatuck, and the reft upon the main land, in the tract aforefaid, toge ther with Rhode-Ifland, Blocke Ifland, and all the reft of the iflands and banks in the Narragansett bay, and bordering upon the coaft of the tract aforefaid, (Fisher's-lfland only excepted) together with all firm lands, foils, grounds, havens, ports, rivers, waters, fifhings, mines as royal, and all other mines, minerals, precious ftones, quarries, woods, wood-grounds, rocks, flates, and all and fingular other comunodities, jurifdictions, royalties, privileges, franchifes, preminences and hereditaments whatfoever, within the faid tract, bounds, lands and iflands aforefaid, to them or any of them belonging, or in any-wife appertaining. To have and to hold the fame, unto the faid governor and company, and their fucceflors for ever, upon truft, for the ufe and benefit of themfelves, and their affociates, freemen of the faid colony, their heirs and affigns. To be holden of us, our heirs and fucceflors as of the manor of Eaft-Greenwich, in our county of Kent, in free and common focage, and not in capite, nor by Knight's fervice. Yielding and paying therefore to us, our heirs and fucceffors, only the fifth part of all the ore of gold and filver, which from time to time, and at all times hereafter, fhall be there gotten, had or obtained, in lieu and fatisfaction of all fervices, duties, fines, forfeitures made or to be made, claims and demands whatsoever, to be to us, our heirs or fucceffors, therefore or thereout rendered, made or paid; any grant or claufe in a late grant to the governor and company of Connecticut colony in America, to the contrary thereof in any wife notwithstanding: the aforefaid Pawcatuck river having been yielded after much debate, for the fixed and certain bounds between thefe our faid colonies, by the agents thereof, who have alfo agreed, that the faid Pawcatuck river fhall be alfo called alias Narragancett or Narragansett river, and to prevent future difputes that otherwife might arife thereby, for ever hereafter, fhall be conftrued, deemed and taken to be the Narragancett river, in our late grant to as it is poffible for any royal charter to be, and if the fovereigns of England had ever any power to grant franchises of that fort, this is undoubtedly as good a fecurity for the liberties of that province, as reafon would defire*. In reading the annals of nations, men who have no other object in view except truth, would be ready to conclude from this and the following charter, that these two provinces were to all intents and purposes as free as any of the freeholders in Great Britain, and had as good a right to be their own legiflatures, as either the freemen of counties or towns in England. But cafuifts who have a mind to difpute every thing, and can, for particular ends and reafons, affirm what no man of common fenfe is able to give his affent to, think no fhame to deny the very immediate fignifica to Connecticut colony, mentioned as the easterly bounds of that colony. And further, our will and pleasure is, that in all matters of public controverfies, which may fall out between our colony of Providence plantation, to make their appeal therein to us, our heirs and fucceflors, for redrefs in fuch cafes, within this our realm of England; and that it fhall be lawful to and for the inhabitants of the faid colony of Providence plantation, without lett or moleftation, to pafs and repafs with freedom into and through the rest of the English colonies, upon their lawful and civil occafions, and to converfe, and hold commerce, and trade with fuch of the inhabitants of our other English colonies as fhall be willing to admit them thereunto, they behaving themselves peaceably among them; 1 tion any act, claufe or fentence, in any of the faid colonies provided, or that fhall be provided, to the con trary in any wife notwithstanding. And laftly, we do for us, our heirs and fucceffors ordain and grant unto the faid governor and company, and their fucceffors, by these prefents, that these our letters patents fhall be firm, good, effectual and available, in all things in the law, to all intents, conftructions and purpofes whatfoever, according to our true intent and meaning herein before declared; and fhall be conftrued, reputed and adjudged, in all cafes, moft favourably, on the behalf, and for the best benefit and be hoof of the faid governor and company, any their fucceffors, although exprefs mention, &c. In witness, &c. witness, &c. Per im Regem. * CONNECTICUT CHARTER. Charles the Second, by the grace prefents fhall come, greeting. of God, &c. to all to whom thefe Whereas by the feveral navigations, difcoveries, VI tion of this charter. As if words either had no meaning, or were liable to change their fignification at the nod of politicians, they boldly affirm that thefe colo nies never had a right to be their own legiflature., It would be accounted a very hard cafe in England, for no juft reafon, to take away the charters of all cor porations in the nation, many of which have no other fecurity than the grants of princes, and the prefcription of time. If these focieties were refufed the privilege of reprefentation, according to the laws of the land, N n difcoveries, and fuccefsful planta tions of divers of our loving fubjects of this our realm of England, feveral lands, islands, places, colonies and plantations, have been ordained and fettled in that part of the continent of America called New England, and thereby the trade and commerce there hath been of late years much increafed; and whereas we have been informed by the humble petition of our trufty and well-beloved John Win throp, John Mafon, Samuel Wills, Henry Clarke, Matthew Allen John Tappan, Nathan Gould, Richard Treate, Richard Lord, Henry Woolcot, John Talcott, Daniel Clarke, John Ogden, Tho mas Wells, Obadiah Brewton, John Clarke, Anthony Hawkins, John Deming, and Matthew Camfield, being perfons principally intereft ed in our colony or plantations of Connecticut in New England, that the fame colony, or the greateft part thereof, was purchafed and obtained for great and valuable considerations, and fome other part thereof gained by conqueft and with much difficulty, and at the only endeavours, expence and charge of them and their affociates, and thofe under whom they claim, fubdued and improved, and thereby become a confiderable enlargeHient and addition of our domini ons and intereft there: now know ye, that in confideration thereof, and in regard the faid colony is remote from other of the English lantations in the places aforefaid, and to the end the anairs and bufinefs, which fhall from time to time hap pen or arife concerning the fame, may be duly ordered and managed, we have thought fit, at the hum ble petition of the perfons afore faid, and are graciously pleased to create and make them a body po litic and coroporate, with the powers and privileges herein after! mentioned; and according our will and pleafure is, and of our eípecial grace, certain knowledge, and mere motion, we have ordained, conftuted and declared, and by thefe prefents, for us, our heir and fucceffors, do ordain, conftitute and declare, that they the faid John Winthorp, John Mafon Samuel Willis, Henry Clerke Matthew Allen, Thos. T'apen, Nathan Gould, Richard Treate, Richard Lord, Heury Woolcot, John Talcott, Danial Clarke, John Ogden, Tho mas Wells, Obadiah Brewton, John Clarke, Antony Hawkins, John Deming, and Mathew Camfield, and all fuch others, as now are or hereafter fhall be admitted and made free of the company and society ofour colany o Connecticut, in America, fhail, from time to land, they could not be justly obliged to pay any revenue to the government. If the cafe of the colonists be different from this, they are only flaves, and not free fubjects of the British empire. Virginia, which first had a very large fignification, though granted to a company then refident in London, is held by much the fame tenure as the other colonies, with this difference, that the council has, by the charter, a power to make laws for the good of the colony, according to their own difcretion; whereas time, and for ever hereafter be one body corporate politic, 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 fame name they, and their fucceffors fhall and may have perpetual fucceffion, and fall and may be perfons able and capable in the law to plead and be inpleaded, to answer and to be anfwered unto, to defend and be defended in all and fingular fuits, caufes, quarrels, matters, actions and things of what kind or nature foever; and alfo to have, take poffefs, acquire, and purchase lands, tenements, or heredita ments, or any goods or chattels, and the fame to leafe, grant, demife, alien, bargain, fell, and difpofe of, as our other liege people of this our realm of England, or any other corporation or body politic within the fame may lawfully do. And further, That the faid governor and company and their fucceffors fhall and may for ever hereafter, have a common feal to ferve and ufe for all caufes, matters, things, and affairs whatfoever, of them and their fucceffors, and the fame feal to alter, change, break, and make new from time to time, at their wills and pleafures, as they fhall think fit. And further we will and ordain and by these prefents for us our heirs and fucceffors, do declare and appoint, That for the better ordering and managing of the affairs and bufinefs of the faid company and their fucceffors, there fhall be one governor, one deputy-governor, and twelve afliftants to be from time to time, conftructed, elected, and chofen out of the freemen of the faid company for the time being, in fuch manner and form as hearafter, in these prefents is expreffed; which faid officers fhall apply themfelves to take care for the best difpofing and ordering of the general bufinefs and affairs of and concerning the lands 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 pleafure, herein we do for us, our heirs and fucceflors affign, name, conftitute, and appoint the aforefaid John Winthrop to be the first and prefent governor of the faid company, and the faid John Mafon to be the deputy-governor and the faid Samuel Willis, Matthew Allen, Nathan Gould, Henry Clarke, Richard Treate, John Ogden, Thomas Tappen, John Talcott, Thomas Wells, Henry Woolcot, Kichard Lord, and Daniel Clarke, whereas the other colonists are bound to confine all new laws to the fpirit of the conftitution of Great Britain. This is a power granted to perfons living within England, to rule British fubjects at difcretion, which is not confiftent with either the character of Englishmen, nor the conftitution of England. There are three charters which were granted at different times by King James the firft, to the Virginia company, one to Sir Thomas Gates, Sir George Somers, and others, April 10, 1606, and two to the treasurer and com Clerke, to be the twelve prefent afliftants of the faid company, to continue in the faid feveral oceffis respectively until the second Thurf day, which fhall be in the month of October, now next coming. And further, we will, and by thefe prefents, for us, our heirs, and fucceflors, do ordain and grant, That the governor of the faid company, for the time being, or in his abfence, by occafion of fick nefs or otherwife, by his leave or permiffion, the deputy governor for the time being thall and may, from time to time upon all occafions, give order for the ailem bling of the faid company, and calling them together, to confult and advife of the bufinefs and affairs of the faid company, and that for ever hereafter, twice in every year that is to fay, on every fecond Thurfday in October, and on every fecond Thurfday in May, or oftener, in cafe it fhall be requifite, the aflistants and freemen of the faid company, or fuch of them not exceeding two perfons from each place, town, or city, who fhall be from time to time, thereunto elected or deputed by the major part of the freemen of the refpective towns, cities, and places. for which they fhall be fo elected or deputed, fhall have a general meeting or affembly, then and pany there to confult and advife In and about the affairs and bufinefs of the faid company; and that the governor, or in his abfence the deputy-governor of the faid company for the time being, and fuch of the affiftants and freemen of the faid company as fhall be fo elected or deputed, and be prefent at fuch meeting or affembly, or the greateft number of them, whereof the governor or deputy-governor, and fix of the affiftants at least to be feven, fhall be called the general affembly, and fhall have full power and authority to alter and change their days and times of meeting or general affemblies, for the electing the governor, deputy-governor, and affiftants, or other officers, or any other courts, affemblies, or meetings, and to chufe, nominate, and appoint fuch, and fo many other perfons as they fhall think fit, and fhall be willing to accept the fame, to be free of the faid company and body politic, and them into the fame to admit, and to elect and conftitute fuch officers as they fhall think fit and requifite for the ordering, managing, and difpofing of the affairs of the faid governor and company, and their fucceffors. And we do hereby for us, our heirs and fucceffors, establish and ordain, That once in the year, for ever hereafter, namel |