enjoy them as our leiges borne or to be borne within our Kingdom of England, without impediment, molestation or vexation, claime or grievance from us our Heires & successors whatsoever; any statute, act Ordinance or provision here upon to the contrary notwithstanding: furthermore that our subjects may be incited with a ready & cheerful mind, to undertake this expedition with the hope of gaine & the meeknesse of priviledges. Know that we out of our especiall favour, certain knowledge & meere motion doe give license & grant free power, as well to the said S Robert Heath Knight his Heires & assignes as to all others who shall goe from time to time to inhabite in Carolana aforesaid, all & singular their goods as well moveable as immoveable wares, merchandize alsoe weapons & warlicke instruments offensive & defensive in any ports of ours, our Heires & successors to be laded in shippes, for to be transported into the province of Corolana, by him or his, or their assignes & this without molestation by us our Heires & successors or any officers of us our Heires or successors, or farmers to us, our Heires & successors: paying notwithstanding to us, our Heires & successors all & all manner of impositions, subsidyes, customes & other Dues for the sayd things wares & merchandises soe exported as are usuall & accustomed, any statute act Ordinance or other thing whatsoever to the contrary notwithstanding. Alwaies provided that before the sayd Goodes, things & merchandises are carried to & loaded in the shippes that licence for them be desired & obtained from the High Treasurer of the Kingdome of England to us, our heires & successors, or the commissioners for our Treasurye or from six or more of the Privy Councell, of us our Heires & successors inscribed under their hands To which Treasurer Commissioners & privy Councell of us our heirs & successors or to any sixe or more of them; we for ourselves our Heires & successors have given & granted as by these presents we doe give & grant power to grant licence in the form aforesayd. And because in soe remote a Region, seated among so many barbarous nations it is probable that the incursions as well of those Barbarous as of other enemyes Pirates & Robbers may cause feare. Therefore we for ourselves our Heires & successors have given to the foresayd Sr Robert Heath Knight his heires & assignes by himself his Captains or other his officers, that all men of whatever condition, or wherever borne, being at that time in the Province of Carolana power to call to their colours, to cause Musters to make warre, to pursue enemyes & Robbers aforesaid by land & sea, even beyond the bounds of his province, and then (with Gods blessing) to overcome & to take, & being taken by right of warre to slay, or according to his pleasure to preserve, & all & every thing which doe appertaine to the right & office of a Captaine Generall or have been used to appertaine to be done & by these presents doe give full & free power as any Captaine Generall ever had. Will will also & by this our charter doe give power, liberty and Authority to the foresayd Sr Robert Heath Knight his heires & assignes that in case of Rebellion sudden tumult or sedition, if any such shall chance to be which (God forbid) either upon the land within this Province aforesayd, or upon the wide Ocean, either makeing a journey towards Carolana aforesayd or returning from thence, we by these presents for us our heires & successors doe give & grant power and authoritye most ample to himself or by Captaines Deputyes or other their officers authorised to this purpose under their seales, against all authors of innovations, seditions against the Government of him or them, withdrawing themselves speakers evill of the militia, renegadors, deserters or any others whatsoever offending against the matter manner & disciplíne military shall by them be punished by law militarye soe freely and in such ample manner & forme as any Captaine Generall by the vertue of his office may or could doe. Furthermore least the way to Honours & Dignityes may seem to be shutt & altogether barr'd up to men honestly borne, & are willing to undertake this present expedition & are desirous in soe remote and far distant a Region to deserve well of us & of our kingdomes in peace & warre for that doe for ourselves our heires & successors give full & free power to the foresayd S Robert Heath Knight his heires & assignes to confere favours graces & honours upon those well deserveing citizens that inhabit within the foresayd province & the same with whatever Titles & dignityes (provided they be not the same as are now used in England) to adorne at his pleasure alsoe to erect villages into Borowes & Borowes into Cittyes for the meritts of the inhabitants and conveniency of the places with priviledges & befitting immunityes to be erected & incorporated, & to doe all other & singular upon the premises which shall seem most convenient to him or them, although they be such which of their owne natures doe require mandates or warrant more especiall then is expressed in these presents. And because the beginnings of Colonys & all publicke goods & affayres doe want to labour under divers inconveniences & difficutyes, therefore wee favoring the beginning of this present Colonye, & that those that are molested in one thing may be relieved in another providing by our kingly care, out of our espetiall grace, certaine knowledge & moor motion, by this our charter do give and grant licence to the foresayd Sr Robert Heath his heires & assignes & to all the Dwellers & inhabits of Carolana aforesayd whatsoever both present & to come: That whatsoever wares and merchandises out of the growth & increase of the sayd Province by land or sea, freely to bring by himselfe or his factors or assignes into whatever port of us, our heires & successors of our kingdomes of England or Ireland & them to unlode and otherwise thereof to dispose, or if need be continually to keep for a whole yeare the sayd merchandises from being unloaded, or them againe into the same or other shippes to lode, & to export them into what Regions soever they please whither ours or others strangers. Alwayes provided that soe many & such customes impositions subsidyes & Toles & other dutyes which they are bound to pay to us, our heires and successors & onely such & the like as our other subjects for the time beeing are bound to pay, beyond what & which by noe meanes we will that the inhabitants of the aforesayd Carolana be molested or grieved. And furthermore of our more ample & espetial favour & out of our certaine knowledge & meer motion we for ourselves our heires & successors doe grant to the foresayd S Robert Heath King his Heires & Assignes full & absolute power and authority of makeing erecting & constituting within the foresayd province of Carolana & the Isles aforesayd soe many or such sea-ports stations of shippes creeks & other places of lodeing for shippes boats & other vessels & in soe many & in such like places & with such rights jurisdictions libertyes & priviledges belonging to the like ports as to him or them shall seeme most expedient & that all & singular shippes boates & other vessells whatsoever, for whatever cause of merchandising comeing to or goeing from the sayd Province shall be loded & unloded only at such ports as shall be erected & appointed soe by the sayd S Robert Heath his Heires or assignes any use or custome or any other thing notwithstanding. Alwaies saveing & reserveing to all our subjects of our Kingdom of England our Heires & successors liberty of fishing as well in the sea as in the creeks of the foresayd Province & priveledge to salt harden & drye fishes upon the shores of the said province; as it hath been reasonably used & enjoyed heretofore anything in these presents to the contrary notwithstanding. All which libertyes & priveledges the subjects of us our heires & successors as is afores shall enjoy yer without doeing any notable hurt or injury in any way to the afores Sr Robert Heath his heires & assignes or to the Dwellers or inhabitants on the ports, creeks & shores aforesayd of the same Province; & more especiall in their Trees there growing; And if any one committe any such harme or injury he shall undergoe the peril & danger of the highest displeasure of us our heires & successors & the due chastisem of the Law. And if by chance hereafter some doubts & questions may be framed about the true sence & meaning of any word clause or sentence contain'd in this our present charter we will, enjoyne & comand that alwaies & in all things that interpretation be used & shall be received in all our Courtes which shall be judged more benigne profitable & favourable to the foresayd Sr Robert Heath Knight his Heires & assignes & to the Dwellers & inhabitants of the foresayd Province, provided alwaies that noe interpretation be made by which the religion of the holy God & true christian, or the Allegiance due to us our heires & successors may suffer in the least any lessening prejudice or losse. Neverthelesse we will & our trust in the aforesayd S Robert Heath Knight his heires & assignes is & the aforesaid S Robert Heath Knight for himselfe, his heires executors & assignes doth agree & grant to & with us our heires & successors that the sayd S Robert Heath Knight his heires & assignes in the Province & foresayd Isles to be planted & inhabited shall soe behave themselves in all things as we by our instructions and directions signed with our Royall hand as aforesaid most espetially to instruct & direct them, shall thinke most convenient and necessary for our honour & service. Neverthelesse alwaies provided that it shall happen the River or Rivelett or Isles aforesayd or other the premises or any part or parcell of the same to be now granted to any person or persons by us or by our deare father King James, or is now actually possessed or inhabited by any of our subjects or by the subjects of any other Christian Prince or State, that then those our letters patents & all in them conteined, soe farre as the conteine soe much of the premises soe granted, and are now so actually possessed & inhabited as is aforesayd shall be void & of noe effect. These our letters patents or anything in them conteined to the contrary in any wise notwithstanding. And that expresse mention &c.; In witnesse whereof &c: Witnesse the King at Westminster the thirtyeth day of Oct: & yre de privato sigillo And we have thought fit by these presents to exemplifye the Tenour and inrollment of our foresayd letters patents, at the request of the foresayd S Robert Heath Knight. In Testimony whereof we have caused these our letters to be made patents witnesse our selfe at Canbury the fourth day of August in the seventh year of our Reign. THE ARTICLES OF CONFEDERATION OF THE UNITED COLONIES OF NEW ENGLAND-1643-1684* The Articles of Confederation between the Plantations under the Government of the Massachusetts, the Plantations under the Government of New Plymouth, the Plantations under the Government of Connecticut, and the Government of New Haven with the Plantations in Combination therewith: Whereas we all came into these parts of America with one and the same end and aim, namely, to advance the Kingdom of our Lord Jesus Christ and to enjoy the liberties of the Gospel in purity with peace; and whereas in our settling (by a wise providence of God) we are further dispersed upon the sea coasts and rivers than was at first intended, so that we can not according to our desire with convenience communicate in one government and jurisdiction; and whereas we live encompassed with people of several nations and strange languages which hereafter may prove injurious to us or our posterity. And forasmuch as the natives have formerly committed sundry insolence and outrages upon several Plantations of the English and have of late combined themselves against us: and seeing by reason of those sad distractions in England which they have heard of, and by which they know we are hindered from that humble way of seeking advice, or reaping those comfortable fruits of protection, which at other times we might well expect. We therefore do conceive it our bounden duty, without delay to enter into a present Consociation amongst ourselves, for mutual help and strength in all our future concernments: That, as in nation and religion, so in other respects, we be and continue one according to the tenor and true meaning of the ensuing articles: Wherefore it is fully agreed and concluded by and between the parties or Jurisdictions above named, and they jointly and severally do by these presents agree and conclude that they all be and henceforth be called by the name of the United Colonies of New England. 2. The said United Colonies for themselves and their posterities do jointly and severally hereby enter into a firm and perpetual league of friendship and amity for offence and defence, mutual advice and succor upon all just occasions both for preserving and propagating the truth and liberties of the Gospel and for their own mutual safety and welfare. 3. It is further agreed that the Plantations which at present are or hereafter shall be settled within the limits of the Massachusetts shall be forever under the Massachusetts and shall have peculiar * Plymouth Colony Records, IX, X; Bradford's, New Plymouth Plantation. 7251-VOL 1-07-8 77 |