A Source Book in American History to 1787

by Unknown

[Recital of the creation of the Plymouth Council in 1620, of the grant by that Council to the Massachusetts Bay Company in 1628, of the royal charter of 1629, and of the vacating of that charter in 1684.]

And Whereas severall persons employed as Agents in behalfe of Our said Collony of the Massachusetts Bay in New England have made their humble application unto Us that Wee would be graciously pleased by Our Royall Charter to Incorporate Our Subjects in Our said Colony and to grant and confirme unto them such powers priviledges and Franchises ... and Wee being graciously pleased to gratifie Our said Subjects. And alsoe to the end Our good Subjects within Our Collony of New Plymouth in New England aforesaid may be brought under such a forme of Government as may put them in a better Condition of defence....

... Wee doe by these presents for Us Our Heirs and Successors Will and Ordeyne that the Territories and Collonyes comonly called or known by the Names of the Collony of the Massachusetts Bay, and Collony of New Plymouth, the Province of Main, the Territorie called Accadia or Nova Scotia, and all that Tract of Land lying betweene the said Territories of Nova Scotia and the said Province of Main be Erected United and Incorporated ... into one reall Province by the Name of Our Province of the Massachusetts Bay in New England And ... [grant of territory]....

Provided ... that all and every such Lands Tenements and Hereditaments and all other estates which any person or persons or Bodyes Politique or Corporate (Townes, Villages, Colledges, or Schooles) doe hold and enjoy or ought to hold and enjoy within the bounds aforesaid by or under any Grant or estate duely made or granted by any Generall Court formerly held or by vertue of the Letters Patents herein before recited or by any other lawfull Right or Title whatsoever shall be by ... [them] ... for ever hereafter held and enjoyed according to the purport and Intent of such respective Grant. ... And wee doe further ... Establish and ordeyne that ... there shall be one Governour, One Leiutenant or Deputy Governour, and One Secretary of Our said Province or Territory, to be from time to time appointed and Commissionated by Us ... and Eight and Twenty Assistants or Councillors to be advising and assisting to the Governour ... for the time being as by these presents is hereafter directed and appointed, which said Councillors or Assistants are to be Constituted, Elected, and Chosen in such forme and manner as hereafter in these presents is expressed. [Appointment of first set of officers, the Assistants to continue until the last Wednesday in May, 1693.]

And Our Will and Pleasure is that the Governour ... shall have Authority from time to time at his discretion to assemble and call together the Councillors or Assistants ... and that the said Governour with the said Assistants or Councillors or Seaven of them at the least shall and may from time to time hold and keep a Councill for the ordering and directing the Affaires of Our said Province And Further Wee Will ... that there shall ... be convened ... by the Governour ... upon every last Wednesday in the Moneth of May every yeare for ever and at all such other times as the Governour ... shall think fitt and appoint a great and Generall Court of Assembly Which ... shall consist of the Governour and Councill or Assistants ... and of such Freeholders ... as shall be from time to time elected or deputed by the Major parte of the Freeholders and other Inhabitants of the respective Townes or Places who shall be present at such Elections ... To which Great and Generall Court ... Wee doe hereby ... grant full power and authority from time to time to direct ... what Number each County Towne and Place shall Elect and Depute to serve for and represent them respectively ... Provided alwayes that noe Freeholder or other Person shall have a Vote in the Election of Members ... who at the time of such Election shall not have an estate of Freehold in Land within Our said Province or Territory to the value of Forty Shillings per Annum at the least, or other estate to the value of Forty pounds Sterling ... and that the Governour for the time being shall have full power and Authority from time to time as he shall Judge necessary to adjourne Prorogue and dissolve all Great and Generall Courts ... And ... Wee doe ... Ordeyne that yearly once in every yeare ... the aforesaid Number of Eight and Twenty Councillors or Assistants shall be by the Generall Court ... newly chosen ... [Four at least of the Assistants to come from the former Plymouth Colony and three from Maine. The General Court may remove Assistants from office, and may also fill vacancies caused by removal or death.] And Wee doe further Grant and Ordeyne that it shall and may be lawfull for the said Governour with the advice and consent of the Councill or Assistants from time to time to nominate and appoint Judges, Commissioners of Oyer and Terminer, Sheriffs, Provosts, Marshalls, Justices of the Peace, and other Officers to Our Councill and Courts of Justice belonging, Provided alwayes that noe such Nomination or Appointment of Officers be made without notice first given or summons issued out seaven dayes before such Nomination or Appointment unto such of the said Councillors or Assistants as shall be at that time resideing within Our said Province ... and for the greater Ease and Encouragement of Our Loveing Subjects Inhabiting our said Province ... and of such as shall come to Inhabit there Wee doe ... Ordaine that for ever hereafter there shall be a liberty of Conscience allowed in the Worshipp of God to all Christians (Except Papists) Inhabiting ... within our said Province ... [Courts for the trial of both civil and criminal cases may be established by the General Court, reserving to the governor and assistants matters of probate and administration.] And whereas Wee judge it necessary that all our Subjects should have liberty to Appeale to us ... in Cases that may deserve the same Wee doe ... Ordaine that incase either party shall not rest satisfied with the Judgement or Sentence of any Judicatories or Courts within our said Province ... in any Personall Action wherein the matter in difference doth exceed the value of three hundred Pounds Sterling that then he or they may appeale to us ... in our ... Privy Council Provided such Appeale be made within Fourteen dayes after the Sentence or Judgement given and that before such Appeal be allowed Security be given by the party or parties appealing in the value of the matter in Difference to pay or Answer the Debt or Damages for the which Judgement or Sentence is given With such Costs and Damages as shall be Awarded by us ... incase the Judgement or Sentence be affirmed [provided that no execution shall be stayed by reason of such appeal.] And we doe further ... grant to the said Governor and the great and Generall Court ... full power and Authority from time to time to make ... all manner of wholesome and reasonable Orders Laws Statutes and Ordinances Directions and Instructions either with penalties or without (soe as the same be not repugnant or contrary to the Lawes of this our Realme of England) as they shall Judge to be for the good and welfare of our said Province. ... And for the Government and Ordering thereof and of the People Inhabiting or who shall Inhabit the same and for the necessary support and Defence of the Government thereof [and also] full power and Authority to name and settle Annually all Civill Officers within the said Province (such Officers Excepted the Election and Constitution of whome wee have by these presents reserved to us ... or to the Governor) ... and to Settforth the severall Duties Powers and Lymitts of every such Officer ... and the forms of such Oathes not repugnant to the Lawes and Statutes of this our Realme of England as shall be respectively Administred unto them for the Execution of their severall Offices and places. And alsoe to impose Fines, mulcts, Imprisonments, and other Punishments; And to Impose and leavy proportionable and reasonable Assessments, Rates, and Taxes, upon the Estates and Persons of all and every the Proprietors and Inhabitants of our said Province ... Provided alwaies ... that in the frameing and passing of all such Orders ... and in all Elections and Acts of Government whatsoever to be passed made or done by the said Generall Court ... or in Councill, the Governor ... shall have the Negative voice, and that without his consent or Approbation signified and declared in Writeing, no such Orders ... Elections or other Acts of Government ... shall be of any Force effect or validity ... And wee doe ... Ordaine that the said Orders Laws Statutes and Ordinances be by the first opportunity after the makeing thereof sent or Transmitted unto us ... under the Publique Seale to be appointed by us for Our ... approbation or Disallowance And that incase all or any of them shall, at any time within the space of three yeares next after the same shall have been presented to us ... in Our ... Privy Councill, be disallowed and rejected and soe signified by us ... unto the Governor for the time being then such ... of them as shall be soe disallowed ... shall thenceforth cease and determine and become utterly void and of none effect. [Laws not disallowed within the three years, to remain in force until repealed by the General Court. Grants of land by the General Court, within the limits of the former colonies of Massachusetts Bay and New Plymouth, and the Province of Maine, excepting the region north and east of the Sagadahoc, to be valid without further royal approval. The governor to direct the defense of the province, and to exercise martial law in case of necessity] Provided alwayes ... That the said Governour shall not at any time hereafter by vertue of any power hereby granted or hereafter to be granted to him Transport any of the Inhabitants of Our said Province ... or oblige them to march out of the Limitts of the same without their Free and voluntary consent or the Consent of the Great and Generall Court ... nor grant Commissions for exercising the Law Martiall upon any the Inhabitants of Our said Province ... without the Advice and Consent of the Councill or Assistants of the same ... [In case of the death, removal or absence of the governor, the lieutenant-governor may take his place; failing both governor and lieutenant-governor, the council, or the major part of them, are to act.] Provided alwaies ... that nothing herein shall extend or be taken to ... allow the Exercise of any Admirall Court Jurisdiction Power or Authority but that the same be and is hereby reserved to Us ... and shall from time to time be ... exercised by vertue of Commissions to be issued under the Great Seale of England or under the Seale of the High Admirall or the Commissioners for executing the Office of High Admirall of England. ... And lastly for the better provideing and furnishing of Masts for Our Royall Navy Wee doe hereby reserve to Us ... all Trees of the Diameter of Twenty Four Inches and upwards of Twelve Inches from the ground growing upon any soyle or Tract of Land within Our said Province ... not heretofore granted to any private persons.

111. Attempts by England at Closer Control after 1700

For an outline of these natural and long-continued attempts, see American History and Government, §§ 117, 118. The first attempt, barely avoided and only by accident, is given under a, below; b represents American feeling toward such encroachments; and c illustrates the activity of a New England town meeting in this field of general politics.

a. Recommendation from the Board of Trade to make all the Colonies into Royal Provinces. March 26/Apr. 5, 1701

North Carolina Colonial Records, I, 535.