1 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 poffeffions 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 purchafed their lands from the natives of the country; and it is certainly no more than an act of juftice, 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 manorfhip from any sovereign, but from purchase; for at no time can it be faid, that ever the lands of the Indians belonged 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 Whereas our moft deare and royal Father King James of bleffed me COLONY CHARTER. 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 justice 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 fourty 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 from fea to fea, together alfo with all the firme lands, foyles, grounds, havens, ports, rivers, waters, fishing, mines and minerals, 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 said 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 fail deare father to be planted by such 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, heréditaments and precincts, feas, waters, fifhings, with all and all manner their commodities, royalties, liberties,preheminences,and profits that fhould from thenceforth arife from thence with all and fingular their appurtenances, and every part and parcel thereof, unto the said Councel, and their fucceffors and affignes for ever, to the fole and proper use, benefit and behoof of them the faid Councel and their fucceffors and affignes for ever: To be houlden of our faid moft dear and royal Father, his heirs and fuccef. fors, 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 fucceffors 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, gotten, had and obtained in, at, or within any of the laid lands, limits, territories and precin&s, or in or within any part or parcel thereof, for or in refpect of all and all man ner 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 history of human nature, it is difficult to find confiftency, when men's interefts and paffions become counsellors for their actions. The charms of a charter under the great feal of England wrought powerfully upon perfons of feveral ner of duties, demands and fervices whatsoever to be 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 established 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 Humphrey, 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 Mat ́tachusetts, alias Mattatufetts bay, and alfo all and fingular thofe lands and hereditaments whatsoever lying and being within the space of degrees; three English miles on the fouth part of the faid Charles river, or of any or every part thereof, and alfo ail and fingular the lands and here: ditaments whatfoever, lying and being within the space of three Englith miles to the fouthward of the fouthermoft part of the faid bay called Maffachusetts, alias Mattachufetts, alias Maffatufetts bay, and alfo all those lands and hereditaments which lye and be within the fpace of three English miles to the northward of the fid river called Monomack, alias Merrimack, or to the northward of any and every part thereof, and all lands and hereditaments whatfoever, lying within the limits aforefaid, north and fouth, in latitude and breadth, and in length and longitude, of and within all the breadth alorefaid, 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 wood and wood grounds, havens, ports, rivers, waters, filling and hereditaments whatsoever, lying within the faid bounds, and limits, and every part and parcet thereof, and also allislands in Ame-. rica aforefaid in the said seas or either of them on the westerne or eafterne coafts or parts of the faid tracts of lands by the faid indenture mentioned degrees; the diftreffed, the religious, and the avaric cious, from different motives, flocked to New-Eng land. Perfons defcended of ancient families, minifters of the Gofpel, merchants, hufbandmen, artifi cers, during the space of twelve years, went over in large bodies to fettle in America. The expence of thofe emigrations was truly extraordinary; it was com puted that the paffage of the emigrants coft at leaft ninety thousand pounds; the transportation of the firft fmall cattle, befides their price, coft twelve thoufand mentioned to be given, granted, bargained, fold, enfeoffed, aliened and confirmed or any of them: And alfo all mines and minerails, 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, franchifes, 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 use exercise 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 hou'd the faid part of New-England in America which yeth and extends and is abutted as aforefaid, and every part and parcel thereof; And all the faid iflands, rivers, ports, havens, waters, fifhings, mines and minerals, jurifdictions, franchises, royalties, liberties, privileges, cominodities, hereditaments and premiffes whatfoever, with the appurtenances, unto the faid Sir Henry Rofewell, Sir John Younge, Thomas Southcott, John Humfrey, John Endecott and Symon Whet comb, their heirs and affignes, and their affociates, to the only proper and abfolute use and behoof of the faid Sir Henry Rofewell, Sir John Younge, Thomas Southcott, John, Humfrey, John Endecott and Symon Whetcomb, their heirs and aflignes, and affociates forevermore. To be houlden of us, our heirs and fucceffors, as of our mannor 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 oare of gould and filver which fhall from time to time and at all times hereafter hap pen to be found, gotten, had and obtained, in any of the faid lands within the faid limits, or in or within any part thereof, for and in fatiffaction of all manner of duties, demands and fervices whatfoever, to be done, made or paid to us, our heis or fucceffors, as in and by the fad recited indenture more large may appear. at Now know ye, that we, at the humble fuite and petition of the faid Sir Henry Kofewell, 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 fand pounds: the provifions laid in, till more could be provided, coft 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 thousand pounds. Befides thefe vast sums, the adventurers laid out many other confiderable ones; and no fewer than an hundred and ninety-eight fhips were employed in carrying men, women, children, cattle, and other commodities to this new fettlement, It must have been and confiderations us moving granted and confirmed, and by thefe prefents of our especiall grace, certain knowledge, and meere motion do grant and confirm unto the faid Sir Henry Rofewell, Sir John Younge, Thomas Southcott, John Humfrey, John Endecott, and Simon Whetcombe, and to their affociates hereafter named (videlicet) Sir Richard Saltonftall Knt. Ifaac Johnfon, Samuel Alderfey, John Ven, Matthew Craddock, George Harwood, Increase Nowell, Richard 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 affignes, all the faid part of New England in' America, lyeing and extending betweene 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, jurifdictions, tights, royalties, liberties, freedoms, immunities, priviledges, franchifes, prelieminences, heredifaments and commodities whatfoever to them the faid Sir Henry kofewell, Sir John Younge, Thomas Southcott, John Humfrey, John Endecott and Simon Whet an combe, their heirs and affignes. and to their affociates by the faid recited indenture given, granted, bargained, fould, enfeoffed. aliened, and confirmed, or mentioned, or intended thereby to be given, granted, bargained, fould, enfeoffed, aliened, and confirmed. To have and to hould the faid part of New-England in America and other the premiffes hereby mentioned to be granted and confirmed and every part or parcell thereof with the appurtenances unto the faid Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonfall, Thomas Southcott, John Humfrey, John Endecott, Symon Whetcombe, Ifaac Johnlon, Samuel Alderfey, John Ven, Matthew Craddock, George Harwood, Increase Nowell, Richard Perry, Richard Bellingham, Nathaniel Wright, Samuel Vaffall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuel Browne, Thomas Hutchins, William Vaffall, William Pinchon, and George Foxcroft, their heirs and affignes for ever, to their only proper and absolute ufe and behoof for evermore. To be houlden of us our heirs and fucceffours as of our mannor of Eaft Greenwich aforefaid in free and common foccage, and not in Capite nor by knights fervice, and allo yielding and paying therefore to |