Engraved for Murrays History of the American War, GENERAL HOWE. Printed for T.Robson Newcasde, upon Tyne. Thirdly, I know what is faid by the feveral admirers of monarchy, ariftocracy, and democracy, which are the rule of one, a few, and many, and are the three common ideas of government, when men difcourfe on that fubject. But I chufe to folve the controverfy with this small distinction, and it belongs to all three : Any government is free to the people under it, (whatever be the frame) where the laws rule, and the people are a party to thofe laws; and more than this is tyranny, oligarchy, or confufion. after rob or spoil, by fea or by land, and do any hurt, violence, or unlawful hoftility, to any of the fubjects of us, our heirs and fucceffors, or any of the fubjects of any prince or ftate, being then in league with us, our heirs and fucceffors, upon complaint of fuch injury done to any fuch prince or state, or their fubjects, we, our heirs and fucceffors, will make open proclamation with in any part of our realm of England, fit for that purpofe, that the perfon or perfons committing any fuch robbery or fpoil, fhall, within the time limited by fuch proclamation, make full reftitution or fatisfaction of all fuch injuries done or committed; fo as the faid prince, or others fo complaining, may be fully fatisfied and contented: And if the faid perfon or perfons, who fhall commit any fuch robbery or fpoil, fhall not make fatisfaction accordingly, within fuch time fo to be limited, that then it fhall and may be lawful for us, our heirs and fucceffors, to put fuch perfon or perfons out of our allegiance and protection; and that it fhall and may be lawful and free for all princes and others to profecute with hoftilities fuch offenders, and every of them, and every of their procurers, aiders, abbettors, and counllors in that behalf. Provided alfo, and our exprefs will But and pleasure is, and we do, by thefe prefents, for us, our heirs and fucceffors, ordain and appoint, that thefe prefents fhall not, in any manner, hinder any of our loving fubjects whatfoever to use and exercife the trade of fifting upon the coaft of New England, in Ainerica ; but they, and every or any of them shall have full and free power and liberty to continue and ufe the faid trade of fifhing upon the said coaft, in any of the fers thereunto adjpining, or any arms of the feas, or falt-water rivers, where they have been accustomed to fifh; and to build and fet upon the wafte lands belonging to the faid colony of Connecticut, fuch wharfs, stages, and work-houses, as shall be neceffary for the falting, drying, and keeping of their fif, to be taken or gotten upon that coaft; any thing in thefe prefents contained to the contrary notwithstanding. And know ye further, that we, of our more abundant grace, certain knowledge, and mere motion, have given, granted, and confirmed, and by thefe prefents, for us, our heirs and fucceffors, do give, grant and confirm unto the faid governor and company, and their fucceffors, all that part of our dominions in New England, in America, bounded on the Eaft by the Narragansett river, com "But laftly, when all is faid, there is hardly one frame of government in the world fo ill defigned by its first founders, that in good hands would not do well enough; and ftory tells us, the beft in ill ones can do nothing that is great or good; witnefs the Jewifh and Roman ftates. Governments, like clocks, go from the motion men give them; and as governments are made, and moved by men, so by them they are ruined Wherefore, governments rather depend upon men, than men upon governments. Let men be good and the government cannot be bad; if it be ill, they will cure it. But if men be bad, let the government too. commonly called Narragansett bay, where the faid river falleth into to the fea, and on the north by the line of the Mallachusetts plantation, and on the fouth by the fea, and in longitude as the line of Mafiachufetts colony, ruming from caft to weft, (that is to fay) from the faid Narragansett bay, on the eaft, to the South Sea, on the weft part, with the iflands thereunto adjoining, together with all the firm lands, foils, grounds, havens, ports, rivers, waters, fifhings, mines, minerals, precious tones, quarries, and all and fingular commodities, jurifdictions, royalties, privileges, franchifes, pre-eminences, and hereditaments, whatfoever, within the faid tract, bounds, lands, and iflands aforefaid, or to them, or any of them belonging. To have and to hold the fame, unto the faid governor and company, their fucceffor and aligns for ever, upon truft, and for the ufe and benefit of themfelves and their affcciates, freemen of the faid colony, their heirs and aligns; to be holden of us, our heirs and fucceffors, as of our maner of Eaft Greenwich, in free and common focage, and not in capite, be nor by knights 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 all times hereafter, fhall be there gotten, had or obtained, in lieu of all fervices, duties and demands what-' foever, to be to us, our heirs or fucceffors, therefore or thereout rendered, made, or paid. And laftly, we de for us, our heirs and fucceffors,, grant to the faid governor and company, and their fucceffors, by thefe prefents, that there our letters patents fhall be firm, good, and effectual in the law, to all intents, conftructions, and purposes what foever, according to our true intent and meaning herein before declared, as fhall be confrued, reputed, and adjudged moft favourable on the behalf, and for the beft benefit and behoof of the faid governor and company, and their fucceffors, although exprefs mention, &c. In witnefs, &c. Witnefs, the King, at Weftminster, the three and twentieth day of April. Iar Breve de Private Sigillo. be never fo good, they will endeavour to warp and fpoil it to their turn. 'Tis "I know fome fay, Let us have good laws, and no matter for the men that execute them: But let them confider, That though good laws do well, good men do better: For good laws may want good men, and be abolished or evaded by ill men; but good men will never want good laws, nor fuffer ill ones. true, good laws have fome awe upon ill minifters, but that is where they have no power to escape or abolish them, and the people are generally wife and good: But a loofe and depraved people (which is to the queftion) love laws and an adminiftration like themfelves. That therefore which makes a conftitution, must keep it, viz. Men of wisdom and virtue, qualities, that because they defcend not with worldly inheritances, must be carefully propagated by a virtuous education of youth; for which after-ages will owę more to the care and prudence of founders and the fucceffive magiftracy, than to their parents for their private patrimonies. "Thefe confiderations of the weight of government, and the nice and various opinions about it, made it uneafy to me to think of publishing the enfuing frame and conditional laws, forfeeing, both the cenfures they will meet with from men of different humours and engagements, and the occafion they may give of difcourfe beyond my design. "But next to the power of neceflity, (which is a folicitor that will take no denial), this induced me to a compliance, that we have (with reverence to God and good confcience to men) to the best of our skill, contrived and compofed the Frame and Laws of this government, to the great end of all government, viz. Ta fupport power in reverence with the people, and to fecure |