Rosenfeld Susan. Encyclopedia of American Historical Documents

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Governor, Deputy Governor, and Assistantes of the said

Company, and all other officers of the saide Company,

shalbe, in the Generall Court or Assembly to be held for

that day to tyme, newly chosen for the yeare ensueing by

such greater parte of the said Company for the tyme being,

then and there present, as is aforesaid. And yf it shall hap-

pen the present Governor, Deputy Governor, and Assis-

tantes by theis presentes appointed, or such as shall

hereafter be newly chosen into their roomes, or any of

them, or any other of the officers to be appointed for the

said Company, to dye or to be removed from his or their

severall offices or places before the saide generall day of

election, (whome wee doe hereby declare for any misde-

meanor or defect to be removeable by the Governor,

Deputie Governor, Assistantes, and Company, or such

greater parte of them in any of the publique Courtes to be

assembled as is aforesaid,) That then, and in every such

case, it shall and maie be lawfull to and for the Governor,

Deputie Governor, Assistantes, and Company aforesaide,

or such greater parte of them soe to be assembled as is

aforesaid, in any of their assemblies, to proceade to a newe

election of one or more others of their Company in the

roome or place, roomes or places, of such officer or offi-

cers soe dyeing or removed, according to their discretions.

And ymmediatly upon and after such election and elec-

tions made of such Governor, Deputie Governor, Assistant

or Assistantes, or any other officer of the saide Company in

manner and forme aforesaid, the authoritie, office, and

power before given to the former Governor, Deputie Gov-

ernor, or other officer and officers soe removed, in whose

steede and place newe shalbe shoe chosen, shall, as to him,

and them, and everie of them, cease and determine. Pro-

vided, also, and our will and pleasure is, That aswell such

as are by theis presentes appointed to be the present Gov-

ernor, Deputie Governor, and Assistantes of the said Com-

pany as those that shall succeed them, and all other

officers to be appointed and chosen as aforesaid, shall,

before they undertake the execution of their saide offices

and places, respectivelie take their corporall oathes for the

due and faithful performance of their duties in their sever-

all offices and places, before such person or persons as are

by theis presentes hereunder appointed to take and

receive the same; That is to saie, the saide Mathewe

Cradock, whoe is hereby nominated and appointed the

present Governor of the saide Company, shall take the

saide oathes before one or more of the Masters of our

Courte of Chauncery for the tyme being, unto which Mas-

ter or Masters of the Chauncery Wee doe, by theis pre-

sentes, give full power and authoritie to take and

administer the said oathe to the said Governor accord-

inglie. And after the saide Governor shalbe soe sworne,

then the said Deputy Governor and Assistantes, before by

theis presentes nominated and appointed, shall take the

said severall oathes to their offices and places respectivelie

belonging before the said Mathew Cradock, the present

Governor, soe formerlie sworne as aforesaid. And every

such person as shalbe, as the tyme of the annuall election,

or otherwise upon death or removeall, be appointed to be

the newe Governor of the said Company, shall take the

oathes to that place belonging before the Deputy Gover-

nor or two of the Assistantes of the said Company, at the

least, for the tyme being. And the newe elected Deputie

Governor and Assistantes, and all other officers to be here-

after chosen as aforesaide, from tyme to tyme, to take the

oathes to their places respectivelie belonging before the

Governor of the said Company for the tyme being. Unto

which said Governor, Deputie Governor, and Assistantes,

Wee doe by theis presents give full power and authoritie to

give and administer the said oathes respectively, according

to our true meaning hearein before declared, without any

commission or further warrant to be had and obteyned of

us, our heires or successors in that behalf. And wee doe

further, of our especiall grace, certen knowledge, and

meere motion, for us, our heires and successors, give and

graunte to the said Governor and Company, and their suc-

cessors for ever, by theis presentes, That it shalbe lawfull

and free for them and their assignes, at all and every tyme

and tymes hereafter, out of any our realms or domynions

whatsoever, to take leade, carry, and transport for and into

their voyages, and for and towardes the said plantation in

Newe England, all such and soe many of our loving sub-

jectes, or any other strangers that will become our loving

subjectes, and live under allegiance, as shall willinglie

accompany them in the same voyages and plantation, and

also shipping, armour, weapons, ordinance, munition,

powder, shott, corne, victualls, and all manner of clothing,

implements, furniture, beastes, cattle, horses, mares,

marchandizes, and all other thinges necessarie for the

saide plantation, and for their use and defence, and for

trade with the people there, and in passing and returning

to and fro, any lawe, or statute to the contrarie hereof in

any wise notwithstanding, and without payeing or yielding

any custome, or subsedie either inward or outward to us,

our heires or successors, for the same, by the space of

seaven yeares, from the day of the date theis presentes.

Provided, that none of the saide persons be such as shalbe,

hereafter by especiall name restrayned by us, our heires or

successors. And for their further encouragement, Of our

especiall grace and favor, wee doe by theis presentes for

us, our heires and successors, yeild and graunt to the saide

Governor and Company, and their successors, and every of

them, their factors and assignes, That they and every of

them shalbe free and quitt from all taxes, subsidies, and

customes in Newe England for the like space of seaven

yeares, and from all taxes and impositions for the space of

twenty and one yeares upon all goodes and merchandises

at any tyme or tymes hereafter, either upon importation

thither, or exportation from thence into our realme of En-

112 ERA 2: Colonization and Settlement

gland, or into any other our domynions, by the said Gover-

nor and Company, and their successors, their deputies,

factors, and assignes, or any of them, except onlie the five

poundes per centum due for custome upon all such goodes

and merchandizes, as after the saide seaven yeares shalbe

expired shalbe brought or imported into our realme of

England, or any other of our dominions, according to the

auncient trade of merchantes, which five poundes per cen-

tum onlie being paide, it shall be thenceforth lawfull and

free for the said adventures the same goodes and mer-

chandizes to export and carry out of our said domynions

into forraine partes, without any custome, tax, or other

dutie to be paid to us, our heires or successors, or to any

other officers or ministers of us, our heires and successors.

Provided, that the said goodes and merchandizes be

shipped our within thirteene monethes after their first

landing within any parte of the saide domynions. And wee

doe for us, our heires and successors, give and graunte

unto the saide Governor and Company and their succes-

sors, That whensoever, or soe often any custome or sub-

sedie shall growe due or payeable unto us, our heires or

successors, according to the lymittation and appointment

aforesaide, by reason of any goodes, wares, or merchan-

dizes to be shipped out, or any retorne to be made of any

goodes, wares, or merchandizes, unto or from the said

partes of New England hereby mentioned to be graunted

as aforesaide, or any the landes or territories aforesaide,

That then and soe often and in such case the farmors, cus-

tomers, and officers of our customes of England and Ire-

land, and everie of them for the tyme being, upon request

made to them by the saide Governor and Company, or

their successor, factors, or assignes, and upon convenient

security to be given in that behalf, shall give and allowe

unto the said Governor and Company, and their succes-

sors, and to all and everie person and persons free of that

company as aforesaide, six monethes tyme for the

payement of the one halfe of all such custome and subsidy

as shalbe due and payeable unto us, our heires and suc-

cessors, for the same, For which theis our letters patentes,

or the duplicate or the inrollement thereof, shalbe unto

our saide officers a sufficient warrant and discharge. Nev-

ertheless, our will and pleasure is, That yf any of the saide

goodes, wares, and merchandize which be or shalbe at any

tyme hereafter landed or exported out of any of our realms

aforesaide, and shalbe shipped with a purpose not to be

carried to the partes of Newe England aforesaide, but to

some other place, That then such payment, dutie, cus-

tome, imposition, or forfeyture shalbe paid or belonge to

us, our heires and successors, for the said goodes, wares,

and merchandize soe fraudulently sought to be trans-

ported, as yf this our graunte had not benn made nor

graunted. And wee doe further will, And by theis presentes

for us, our heires and successors, firmely enjoin and com-

maunde as well the Treasorer, Chauncellor, and Barons of

the Exchequer of us, our heires and successors, as also all

and singuler the customers, farmors, and collectors of the

customes, subsidies, and impostes and other the officers

and ministers of us, our heires and successors, whatsoever,

for the tyme being, That they and every of them, upon the

shewing forth unto them of theis letters patentes, or the

duplicate or exemplification of the same, without any other

writt or warrant whatsoever from us, our heires or succes-

sors, to be obteyned or sued forth, doe and shall make full,

whole, entire, and due allowance and cleare discharge

unto the saide Governor and Company, and their succes-

sors, of all customes, subsidies, impositions, taxes, and

duties whatsoever that shall or maie be claymed by us, our

heires and successors, of or from the said Governor and

Company and their successors, for or by reason of the said

goodes, chattels, wares, merchandizes, and premises to be

exported out of our saide domynions, or any of them, into

any parte of the saide landes or premises hereby men-

tioned to be given, graunted, and confirmed, or for or by

reason of any of the saide goodes, chattells, wares, or mer-

chandizes to be imported from the said landes and

premises hereby mentioned to be given, graunted, and

confirmed, into any of our saide dominions or any parte

thereof, as aforesaide, excepting onlie the saide five

poundes per centum hereby reserved and payeable after

the expiration of the saide terme of seaven yeares, as afore-

said, and not before. And theis our letters patentes, or the

inrollment, duplicate, or exemplification of the same

shalbe for ever hereafter from time to tyme, as well to the

Treasorer, Chauncellor, and Barons of the Exchequer of

us, our heires and successors, as to all and singuler the cus-

tomers, farmors, and collectors of the customes, subsidies,

and impostes of us, our heires and successors, and all

searchers and other the officers and ministers whatsoever

of us, our heires and successors for the time being, a suffi-

cient warrant and discharge in this behalf. And further, our

will and pleasure is, And wee doe hereby, for us, our heires

and successors, ordeyne, declare, and graunte to the saide

Governor and Company, and their successors, That all and

every the subjectes of us, our heires or successors, which

shall goe to and inhabite within the saide landes and pre-

misses hereby mentioned to be graunted, and every of

their children which shall happen to be borne there, or on

the seas in goeing thither or retorning from thence, shall

have and enjoy all liberties and immunities of free and nat-

urall subjectes within any of the domynions of us, our

heires or successors, to all intentes, constructions, and pur-

poses whatsoever, as yf they and everie of them were borne

within the realme of England. And that the Governor and

Deputie Governor of the said Company for the tyme

being, or either of them, and any two or more of such of

the saide Assistances as shalbe thereunto appointed by the

saide Governor and Company, at any of their courtes of

assemblies to be held as aforesaide, shall and maie att all

The Establishment of Colonies and Settlements 113

tymes, and from tyme to tyme hereafter, have full power

and authoritie to minister and give the oathe and oathes of

supremacie and allegiance, or either of them, to all and

everie person and persons which shall at any tyme of tymes

hereafter goe or passe to the landes and premises hereby

mentioned to be graunted to inhabite in the same. And

wee doe, of our further grace, certen knowledg and meere

motion, give and graunt to the saide Governor and Com-

pany, and their successors, That it shall and maie be law-

full to and for the Governor of Deputie Governor and such

of the Assistantes and Freemen of the said Company for

the tyme being as shalbe assembled in any of their Gener-

all Courtes aforesaide, or in any other Courtes to be spe-

cially summoned and assembled for that purpose, or the

greater parte of them, (whereof the Governor or Deputie

Governor and six of the Assistantes, to be alwaies seaven,)

from tyme to tyme to make, ordeine, and establishe all

manner of wholesome and reasonable orders, lawes, and

statutes, and ordinances, directions, and instructions not

contrarie to the lawes of this our realme of England, aswell

for setling of the formes and ceremonies of government

and magistracy fitt and necessary for the said plantation

and the inhabitantes there, and for nameing and stiling of

all sortes of officers, both superior and inferior, which they

shall finde needefull for that governement and plantation,

and the distinguishing and setting forth of the severall

duties, powers, and lymyttes of every such office and place,

and the formes of such oathes warrantable by the lawes

and statutes of this our realme of England as shalbe

respectivelie ministred unto them, for the execution of the

said severall offices and places, as also for the disposing

and ordering of the elections of such of the said officers as

shalbe annuall, and of such others as shalbe to succeede in

case of death or removeall, and ministring the said oathes

to the newe elected officers, and for impositions of lawfull

fynes, mulctes, imprisonment, or other lawfull correction,

according to the course of other corporations in this our

realme of England, and for the directing, ruling, and dis-

poseing of all other matters and thinges whereby our said

people, inhabitantes there, maie be soe religiously, peace-

ablie, and civilly governed, as their good life and orderlie

conversation maie wynn and incite the natives of country

to the knowledg and obedience of the onlie true God and

Savior of mankinde, and the Christian fayth, which, in our

royall intention and the adventurers free profession, is the

principall ende of this plantation. Willing, commaunding,

and requiring, and by theis presentes for us, our heires and

successors, ordeyning and appointing, That all such orders,

lawes, statutes, and ordinances, instructions, and direc-

tions, as shalbe soe made by the Governor or Deputie

Governor of the said Company, and such of the Assistantes

and Freemen as aforesaide, and published in writing

under their common seale, shalbe carefullie and dulie

observed, kept, performed, and putt in execution, accord-

ing to the true intent and meaning of the same. And theis

our letters patentes, or the duplicate or exemplification

thereof, shalbe to all and everie such officers, superior and

inferior, from tyme to tyme, for the putting of the same

orders, lawes, statutes, and ordinances, instructions, and

directions in due execution against us, our heires and suc-

cessors, insufficient warrant and discharge. And wee doe

further, for us, our heires and successors, give and graunt

to the said Governor and Company, and their successors,

by theis presentes, That all and everie such cheife com-

maunders, captaines, governors, and other officers and

ministers, as by the said orders, lawes, statutes, ordinances,

instructions, or directions of the said Governor and Com-

pany for the tyme being, shalbe from tyme to tyme here-

after ymploied either in the government of the saide

inhabitantes and plantation, or in the waye by sea thither

or from thence, according to the natures and lymyttes of

their offices and places respectively, shall from tyme to

tyme hereafter for ever within the precinctes and partes of

Newe England hereby mentioned to be graunted and con-

firmed, or in the waie by sea thither, or from thence, have

full and absolute power and authoritie to correct, punishe,

pardon, governe, and rule all such the subjectes of us, our

heires and successors, as shall from tyme to tyme adven-

ture themselves in any voyadge thither or from thence, or

that shall at any tyme hereafter inhabite within the

precinctes and partes of Newe England aforesaid, accord-

ing to the orders, lawes, ordinances, instructions, and

directions aforesaid, not being repugnant to the lawes and

statutes of our realme of England, as aforesaid. And wee

doe further, for us, our heires and successors, give and

graunte to the said Governor and Company and their suc-

cessors, by theis presentes, That it shall and maie be law-

full to and for the cheife commaunders, governors, and

officers of the said company for the time being, who shalbe

resident in the said parte of Newe England in America, by

theis presentes graunted, and others there inhabiting, by

their appointment and direction from tyme to tyme, and at

all tymes hereafter, for their speciall defence and safety, to

incounter, expulse, repell, and resist by force of armes,

aswell by sea as by lande, and by all fitting waies and

meanes whatsoever, all such person and persons as shall at

any tyme hereafter attempt or enterprise the destruction,

invasion, detriment, or annoyance to the said plantation or

inhabitantes: And to take and surprise, by all waies and

meanes whatsoever, all and every such person and persons,

with their shippes armour, munition, and other goodes, as

shall in hostile manner invade or attempt the defeating of

the said plantation, or the hurt of the said Company and

inhabitantes. Nevertheles, our will pleasure is, And wee

doe hereby declare to all Christian Kinges, Princes, and

States, That yf any person or persons which shall hereafter

be of the said Company or plantation, or any other, by

lycense or appointment of the said Governor and Com-

114 ERA 2: Colonization and Settlement

pany for the tyme being, shall at any tyme of tymes here-

after, robb or spoyle by sea or by land, or doe any hurt, vio-

lence, or unlawfull hostility to any of the subjectes of us,

our heires or successor, or any of the subjectes of any

Prince or State being then in league and amytie with us,

our heires and successors, and that upon such injury don,

and upon just complaint of such Prince or State, or their

subjectes, wee, our heires or successors, shall make open

proclamation within any of the partes within our realme of

England commodious for that purpose, That the person or

persons haveing committed any such roberie or spoyle,

shall within the terme lymytted by such a proclamation

make full restitution or satisfaction of all such injuries don,

soe as the said Princes or others soe complayning maie

hould themselves fullie satisfied and contented. And that

yf the said person or persons having committed such

roberry or spoile shall not make or cause to be made satis-

faction accordinglie within such time soe to be lymytted,

That then it shalbe lawfull for us, our heires and succes-

sors, to putt the said person or persons out of our alle-

giance and protection: And that it shalbe lawfull and free

for all Princes to prosecute with hostilitie the said

offendors and every of them, their and every of their pro-

curers, ayders, abettors, and comforters in that behalf.

Provided also, and our expresse will and pleasure is, And

wee doe by theis presentes, for us, our heires and succes-

sors, ordeyne and appoint, That theis presentes shall not in

any manner enure, or be taken to abridge, barr, or hinder

any of our loving subjects whatsoever to use and exercise

the trade of fishing upon that coast of New England in

America by theis presentes mentioned to be graunted: But

that they and every or any of them shall have full and free

power and liberty to continue and use their said trade of

fishing upon the said coast in any the seas thereunto

adjoyning, or any armes of the seas or saltwater rivers

where they have byn wont to fishe, and to build and sett up

upon the landes by theis presentes graunted such wharfes,

stages, and workehouses as shalbe necessarie for the salt-

ing, drying, keeping, and packing up of their fish, to be

taken or gotten upon that coast: And to cutt downe and

take such trees and other materialls there groweing, or

being, or shalbe needefull for that purpose, and for all

other necessarie easementes, helpes, and advantage con-

cerning their said trade of fishing there, in such manner

and forme as they have byn heretofore at any tyme accus-

tomed to doe, without making any wilfull waste or spoyle,

Any thing in theis presentes conteyned to the contrarie

notwithstanding and wee doe further, for us, our heires

and successors, ordeyne and graunte to the said Governor

and Company, and their successors, by theis presentes,

That theis our letters patentes shalbe firme, good, effectu-

all, and availeable in all thinges, and to all intentes and

constructions of lawe, according to our true meaning

herein before declared, and shalbe construed, reputed,

and adjudged in all cases most favourablie on the behalf

and for the benefitt and behoofe of the saide Governor and

Company and their successors. Although expresse mention

of the true yearely value or certenty of the premises, or of

any of them, or of any other guiftes or grauntes by us or

any of our progenitors or predecessors to the foresaid

Governor or Company before this time made, in theis pre-

sentes is not made, Or any statute, acte, ordinance, provi-

sion, proclamation, or restrainte to the contrarie thereof

heretofore had, made, published, ordeyned, or provided,

or any other matter, cause, or thinge whatsoever to the

contratrie thereof in any wise notwithstanding. In Witnes

whereof, wee have caused theis our letters to be made

patentes. Witnes ourself at Westminster, the fourth day of

March, in the fourth yeare of our raigne.

Per Breve de Privato

Sigillo.

Wolseley.

Source:

Edmund S. Morgan, ed. The Founding of Massachusetts. Indi-

anapolis, Ind.: Bobbs-Merrill, 1964. pp. 303–323.

Charter of Freedoms and

Exemptions to Patroons, 1629

Charter establishing the patroon system of land tenure, set up

by the Dutch West India Company on June 7, 1629. This sys-

tem was used for colonization of New Netherland, in what are

now the states of New York, New Jersey, Delaware, and Con-

necticut. It gave any member of the charter the right to a large

tract of land if he brought at his own expense at least 50 per-

sons over the age of 15 years to begin a colony. The system did

not take off as well as expected because Netherlanders refused

to leave their country to settle in America unless they were

promised freedom. Five land grants were given, but only the

one granted to Killian Van Rensselaer was prosperous.

________________________

_______________________

(Translation from the original Dutch)

Freedoms and Exemptions for the patroons, masters or

private persons who will plant any colonies in, and send

cattle to New Netherland, drawn up for the benefit of the

General West India Company in New Netherland and for

the profit of the patroons, masters and private persons.

I. Such participants of the said Company as may be

inclined to plant any colonies in New Netherland shall be

permitted to send, in the ships of this Company going

thither, three or four persons to inspect the situation of the

country, provided that they, with the officers and ship’s

company, swear to the Articles, so far as they relate to

The Establishment of Colonies and Settlements 115

them, pay for board and passage, going and coming, six

stivers a day (such as desire to mess in the cabin to pay 12

stivers) and agree to give assistance like others, in cases

offensive and defensive. And if any ships be taken from the

enemy, they shall receive pro rata their portions with the

ship’s company, each according to his quality, that is to say

the colonists messing outside the cabin shall be rated with

the sailors and those messing in the cabin with those of the

Company’s servants messing at table who receive the low-

est wages.

II. However, in this matter, those persons shall have

the preference who shall first have declared their inten-

tions and applied to the Company.

III. All such shall be acknowledged patroons of New

Netherland as shall agree to plant there a colony of 50

souls, upwards of 15 years old, within the space of four

years after they have given notice to any Chamber of the

Company here or to the commander or council there, one

fourth part within one year and the remainder within three

years after the sending of the first, making together four

years, to the full number of 50 persons, to be shipped

hence, or pain, in case of wilful neglect, of being deprived

of the privileges obtained. But they are warned that the

Company reserves to itself the island of the Manhattes.

IV. From the very hour they make known the situation

of the places where they propose to settle colonies, they

shall have the preference over all others to the free own-

ership of such lands as they shall have chosen: but in case

the location should afterwards not please them or they

should find themselves deceived in the selection of the

land, they may, after memorializing the commander and

council there, choose another place.

V. The patroons, by their agents, may, at the place

where they wish to settle their colonies, [fix] their limits [so

that the colony shall] extend four leagues along the coast

or one side of a navigable river, to two leagues along both

sides of a river, and as far inland as the situation of the

occupants will permit; with the understanding that the

Company retains for itself the ownership of the lands lying

and remaining between the limits of the colonies, to dis-

pose thereof when and at such time as it shall think proper,

but no one else shall be allowed to come within seven or

eight leagues of them without their consent unless the sit-

uation of the land thereabout be such that the commander

and council for good reasons shall order otherwise; always

observing that the first occupants are not to be prejudiced

in the right they have obtained, except in so far as the ser-

vice of the Company should require it, either for the build-

ing of fortifications or something of that sort, and that

(outside of this) the [patroon of the] first settled colony

shall retain the command of each bay, river or island,

under the supreme jurisdiction of their High Mightinesses

the States General and the Company; but the later

colonies on the same river or island may appoint one or

more councilors to assist him, that in consultation they

may look after the interests of the colonies on the river or

island.

VI. They shall forever own and possess and hold from

the Company as a perpetual fief of inheritance, all the land

lying within the aforesaid limits, together with the fruits,

plants, minerals, rivers and springs thereof, and the high,

middle and low jurisdiction, rights of fishing, fowling and

grinding, to the exclusion of all others, said fief to be

renewed in case of demise by doing homage to the Com-

pany and paying 20 guilders per colony within a year and

six weeks, either to the Chambers here or to the comman-

der there, each to the Chamber whence the colony was

originally sent out; however no fishing or fowling shall be

carried on by any one but the patroons and such as they

shall permit. And in case any one should in time prosper so

much as to found one or more cities, he shall have author-

ity to appoint officers and magistrates there and to use

such titles in his colony as he sees fit according to the qual-

ity of the persons.

VII. There shall likewise be granted to all patroons

who shall desire the same, Venia Testandi, or liberty to dis-

pose of the aforesaid fiefs by will.

VIII. The patroons may also to their profit use all

lands, rivers and woods lying contiguous to them, until

such time as they are taken possession of by this Company,

other patroons, or private persons.

IX. Those who shall send over these colonies, shall

furnish them with proper instructions in order that they

may be ruled and governed conformably to the rule of gov-

ernment, both as to administration and justice, made, or to

be made by the Assembly of the Nineteen, which [instruc-

tions] they must first lay before the directors of the respec-

tive Chambers.

X. The patroons and colonist shall be privileged to

send all their people and effects thither, in ships belonging

to the Company, provided they take the oath and pay the

Company for bringing over the people according to the

first article, and for freight of the goods five per cent cash

of the cost of the goods here; without including herein,

however, cattle and agricultural implements, which the

Company is to carry over free, if there is room in its ships,

provided that the patroons, at their own expense, fit up

places for the cattle and furnish everything necessary for

their support.

XI. In case it should not suit the Company to send any

ships, or there should be no room in the ships sailing

thither, then the said patroons, after having communicated

their intentions and obtained consent from the Company

in writing, may send their own ships or yachts thither, pro-

vided that, going and coming, they depart not from their

ordinary course, give security to the Company for the same

and take on board an assistant at the expense of the

patroons as to his board and of the Company as to his

116 ERA 2: Colonization and Settlement

monthly wages, on pain, if doing contrary hereto, of for-

feiting all right and title they have obtained to the colony.

XII. Inasmuch as it is the intention of the Company to

people the island of the Manhattes first, this island shall

provisionally also be the staple port for all products and

wares that are found on the North River and lands there-

abouts, before they are allowed to be sent elsewhere,

excepting such as are, from their nature, unnecessary there

and such as can not without great loss to their owners be

brought there; in this case the owners thereof must give

timely notice in writing of the difficulty attending the same

to the Company here, or the commander and council

there, that such measures may be taken as the situation of

affairs shall be found to require.

XIII. All the patroons of colonies in New Netherland

and colonists living on the island of the Manhattes shall be

at liberty to sail and traffic along the entire coast from

Florida to Terra Neuf, provided that they do first return

with all such goods as they shall get in trade to the island

of the Manhattes and pay five per cent duty to the Com-

pany, in order that if possible, after proper inventory of the

goods in the ship, the same may thence be sent hither. And

if it should so happen that they could not return, whether

from contrary currents or otherwise, the said goods may be

brought nowhere but to this country, in order that they

may be unladen and inventoried with the knowledge of the

directors at the place where they may arrive and the afore-

said duty of five per cent paid to the Company here, on

pain, if they do otherwise, of forfeiture of their goods

obtained, or the true value thereof.

XIV. In case the ships of the patroons, in going or com-

ing or in sailing along the coast from Florida to Terra Neuf

and no further, within [the limits of] our charter should

conquer any prizes from the enemy, they must bring them,

or cause them to be brought, to the Chamber of the place

from which they sailed in order that their honors may have

the benefit thereof; the Company shall keep the one third

part thereof and the remaining two thirds shall belong to

them in consideration of the expense and risk at which they

have been, all according to the orders of the Company.

XV. It shall also be permitted the aforesaid patroons,

all along the coast of New Netherland and places circum-

jacent, to trade their goods, products of that country, for all

sorts of merchandise that may be had there, except

beavers, otters, minks and all sorts of peltry, which trade

alone the Company reserves to itself. But permission for

even this trade is granted at places where the Company has

no agent, on the condition that such traders must bring all

the peltry they may be able to secure to the island of the

Manhattes, if it is in any way practicable, and there deliver

them to the director, to be by him sent hither with the

ships and goods; or, if they should come here without hav-

ing done so, then to unload them with due notice to the

Company and proper inventory, that they may pay to the

Company one guilder for each merchantable beaver and

otter skin; the cost, insurance and all other expenses to

remain at the charge of the patroons or owners.

XVI. All raw materials which the colonists of the

patroons shall have obtained there, such as pitch, tar,

potash, timber, grain, fish, salt, limestone and the like, shall

be conveyed in the Company’s ships at the rate of 18

guilders per last, four thousand weight to be accounted a

last, and the Company’s ship’s crew shall be obliged to

wheel and bring the salt on board, whereof 10 lasts make a

hundred. And, in case of lack of ships or of room in the

ships, they may send it over in their own ships at their own

cost and enjoy in this country such freedoms and benefits

as have been granted to the Company; but in either case

they must pay, over and above the duty of five per cent, 18

guilders for each hundred of salt that is carried over in the

Company’s ships.

XVII. For all goods not mentioned in the foregoing

article and which are not carried by the last there shall be

paid for freight one daelder for each hundred pounds

weight; and for wines, brandies, verjuice and vinegar, there

shall be paid 18 guilders per cask.

XVIII. The Company promises the colonists of the

patroons not to lay any duties, tolls, excise, imposts or any

other contributions upon them for the space of 10 years;

and after the expiration of the said 10 years, at the highest,

such dues [only] as the goods pay here at present.

XIX. They will not take from the service of the

patroons any of their colonists, either man or woman, son

or daughter, manservant or maidservant; and, though any

of these should desire it they will not receive them, much

less permit them to leave their patroons and enter into the

service of another, except on written consent obtained pre-

viously from their patroons and this for and during so

many years as they are bound to their patroons; after the

expiration whereof, the patroons shall be at liberty to bring

hither such colonists as will not continue in their service

and then only to set them free. And if any colonist runs

away to another patroon, or, contrary to his contract, leaves

his service, we promise to do everything in our power to

deliver the same into the hands of his patroon or commis

that he may be prosecuted there according to the customs

of this country, as occasion may require.

XX. From all judgments given by the courts of the

patroons above 50 guilders, there shall be appeal to the

Company’s commander and council in New Netherland.

XXI. And as to private persons who on their own

account, or others who in the service of their masters here

in this country shall go thither and settle as freemen in

smaller numbers than the patroons, they may with the

approbation of the director and council there, choose and

take possession of as much land as they can properly culti-

vate and hold the same in full ownership either for them-

selves or for their masters.

The Establishment of Colonies and Settlements 117

XXII. They shall also have rights of hunting, as well

by water as by land, in common with others in public

woods and rivers and exclusively within the limits of

their colonies, according to the orders of the director and

council.

XXIII. Whosoever, whether colonists of the patroons

for their patroons, or free men for themselves, or other

private persons for their masters, shall find any shores,

bays or other places suitable for fisheries or the making of

salt pans may take possession thereof and work them as

their own absolute property to the exclusion of all others.

The patroons of colonists are granted permission also to

send ships along the coast of New Netherland on the cod

fishery, and with the catch to go directly to Italy or other

neutral countries, provided they pay to the Company in

such cases a duty of six guilders per last; and if they come

to this country with their lading, they shall be free, but

they shall not, under pretext of this consent or [leave] from

the Company, carry any other goods to Italy on pain of

peremptory punishment, it remaining at the option of the

Company to put a supercargo on board each ship as in the

eleventh article.

XXIV. In case any of the colonists, by his industry and

diligence should discover any minerals, precious stones,

crystals, marbles or the like, or any pearl fishery, the same

shall be and remain the property of the patroon or

patroons of such colony, provided the discoverer be given

such premium as the patroon shall beforehand stipulate

with his colonist by contract. And the patroons shall be

exempt from the payment of any duty to the Company for

the term of eight years, and for freight merely shall pay two

per cent; and after the aforesaid eight years, for duty and

freight, one eighth part of what the same may be worth in

this country.

XXV. The Company will take all the colonists, free

men as well as those that are in service, under its protec-

tion and help to defend them against all domestic and for-

eign attacks and violence, with the forces it has there, as

much as lies in its power.

XXVI. Whosoever shall settle any colonies out of the

limits of Manhattes Island must satisfy the Indians of that

place for the land and may enlarge the limits of their

colonies if they settle a proportionate number of colonists

thereon.

XXVII. The patroons and colonists shall in particular

endeavor as quickly as possible to find some means

whereby they may support a minister and a schoolmaster,

that thus the service of God and zeal for religion may not

grow cool and be neglected among them, and they shall for

the first, procure a comforter of the sick there.

XXVIII. The colonies that shall be established on the

respective rivers or islands (that is to say, each river or

island for itself), may appoint an agent, who shall give the

commander and council information about that district

and further matters before the council relating to his

colony; of which agents one shall be changed every two

years; and all colonies must, at least once in every 12

months, send an exact report of their colony and of the

lands thereabout to the commander and council there.

XXIX. The colonists shall not be permitted to make

any woolen, linen or cotton cloth, nor to weave any other

stuffs there, on pain of being banished and peremptorily

punished as oath breakers.

XXX. The Company will endeavor to supply the

colonists with as many blacks as it possibly can, on the con-

ditions hereafter to be made, without however being

bound to do so to a greater extent or for a longer time than

it shall see fit.

XXXI. The Company promises to finish the fort on the

island of the Manhattes, and to put it in a posture of

defense without delay. And to have these Freedoms and

Exemptions approved and confirmed by their High Might-

inesses the Lords States General.

Finis. At Amstelredam.

Source:

New York State Library. Albany, Van Rensselaer Bowier

Manuscripts . . . Albany, N.Y.: University of the State of New

York, 1908.

Cambridge Agreement of 1629

Decision signed into agreement by 12 Puritan members of the

Massachusetts Bay Company, under the leadership of John

Winthrop, at a meeting in Cambridge, England, on August 26,

1629; they agreed to emigrate from England to America with

their families, provided the company’s charter and govern-

ment were also transferred abroad. Transfer of the charter

meant that a business company would be changed into a plan-

tation; by ratifying the agreement, the company repositioned

its emphasis from commerce to religion. The purpose of the

action was to guard against interference in the enterprise by

non-Puritans in England. The agreement was authorized, and

the Puritans set up a self-governing colony in New England

soon afterward.

________________________

_______________________

Upon due consideration of the state of the plantacion now

in hand for new England, wherein wee (whose names are

hereunto subscribed) have engaged ourselves: and having

weighed the greatness of the worke in regard of the con-

sequence, Gods glory and the churches good: As also in

regard of the difficultyes and discouragements which in

all probabilityes must be forcast upon the prosecucion of

this businesse: Considering withall that this whole adven-

ture growes upon the joynt confidence we have in each

others fidelity and resolucion herein, so as no man of us

118 ERA 2: Colonization and Settlement

would have adventured it without assurance of the rest:

Now for the better encourragement of ourselves and oth-

ers that shall joyne with us in this action, and to the end

that every man may without scruple dispose of his estate

and afayres as may best fitt his preparacion for this voy-

age, It is fully and faithfully agreed amongst us, and every

of us doth hereby freely and sincerely promise and bynd

himselfe in the word of a Christian and in the presence of

God who is the searcher of all hearts, that we will so really

endevour the prosecution of this worke, as by Gods assis-

taunce we will be ready in our persons, and with such of

our severall familyes as are to go with us and such provi-

sions as we are able conveniently to furnish ourselves

withall, to embarke for the said plantacion by the first of

march next, at such port or ports of this land as shall be

agreed upon by the Company, to the end to passe the Seas

(under Gods protection) to inhabite and continue in New

England. Provided alwayes that before the last of Septem-

ber next the whole governement together with the Patent

for the said plantacion bee first by an order of Court

legally transferred and established to remayne with us and

others which shall inhabite upon the said plantacion. And

provided also that if any shall be hindered by such just and

inevitable Lett or other cause to be allowed by 3 parts of

foure of these whose names are hereunto subscribed,

then such persons for such tymes and during such letts to

be dischardged of this bond. And we do further promise

every one for himselfe that shall fayle to be ready through

his owne default by the day appointed, to pay for every

dayes default the summe of 3 li. to the use of the rest of

the Company who shall be ready by the same day and

tyme.

This was done by order of Court the 29th of August,

1629.

Rich: Saltonstall

Tho: Dudley William Vassall Nicho: West

Isaack Johnson John Humfrey

Tho: Sharp Increase Nowell

John Winthrop

Will: Pinchon Kellam Browne

William Colbron

Source:

Edmund S. Morgan, ed. The Founding of Massachusetts. Indi-

anapolis, Ind.: Bobbs-Merrill, 1964. pp. 183–184.

Charter of Maryland, 1632

Proprietary rights to what is now the state of Maryland; granted

in 1632 to George Calvert, the first lord Baltimore, who had

petitioned King Charles I for the proprietary colony of Mary-

land on June 20, 1632. He then sent colonists, about half of

whom were fellow Roman Catholics (Cecilius, like his father,

George, had converted to the Catholic faith). The charter gave

Cecilius as proprietor the right to collect taxes, appoint admin-

istrators, award land grants, and establish churches according

to English laws. It also empowered him “to publish any Laws

whatsoever . . . of and with the Advise, Assent and Approba-

tion of the Free-men,” which permitted the establishment of

representative government in the province. The Maryland

charter started the only Roman Catholic colony in British

America.

________________________

_______________________

Charles by the Grace of God, King of England, Scotland,

France, and Ireland, Defendor of the Faith, &c. To all to

whom these presents shall come greeting.

Whereas Our right Trusty and Wellbeloved Subject

Cecilius Calvert, Baron of Baltemore in our Kingdom of

Ireland, Sonne and heire of Sir George Caluert Knight,

late Baron of Baltemore in the same Kingdome of Ireland,

pursuing his Fathers intentions, being excited with a laud-

able and pious zeale for the propagation of the Christian

Faith, and the enlargement of our Empire and Dominion,

hath humbly besought leave of Vs, by his industry and

charge, to transport an ample Colony of the English

Nation unto a certaine Countrey hereafter described, in

the parts of American, not yet cultivated and planted,

though in some parts thereof inhabited by certaine bar-

barous people, having no knowledge of Almighty God, and

hath humbly besought our Royall Majestie to give, grant,

and confirme all the said Countrey, with certaine Priv-

iledges and Iurisdictions, requisite for the good govern-

ment, and state of his Colony, and Countrey aforesaid, to

him and his heires for ever.

Know Yee therefore, that Wee favouring the Pious,

and Noble purpose of the said Barons of Baltermore, of

our speciall grace, certaine knowledge, and meere motion,

have given, granted, and confirmed, and by this our pre-

sent Charter, for Vs, Our Heires, and Successors, doe give,

grant and confirme unto the said Cecilius, now Baron of

Baltemore, his heires and Affignes, all that part of a Penin-

sula, lying in the parts of America, betweene the Ocean on

the East, and the Bay of Chesopeack on the West, and

divided from the other part thereof, by a right line drawne

from the Promontory or Cape of Land called Watkins

Point (situate in the foresaid Bay, neere the river of

Wighco) on the West, unto the maine Ocean on the East;

and betweene that bound on the South, unto that part of

Delaware Bay on the North, which lieth under the fortieth

degree of Northerly Latitude from the Equinoctiall, where

New-England ends; And all that tract of land betweene the

bounds aforesaid; that is to say, passing from the foresaid

Bay, called Delaware Bay, in a right line by the degree

aforesaid, unto the true Meridian of the first fountaine of

the River of Pattowmeck, and from thence trending toward

The Establishment of Colonies and Settlements 119

the South unto the farther banke of the fore-said River,

and following the West and South side thereof unto a cer-

taine place called Cinquack, situate neere the mouth of

the said River, where it falls into the Bay of Chesopeack,

and from thence by a straight line unto the foresaid Pro-

montory, and place called Watkins Point, (So that all that

tract of land divided by the line aforesaid, drawne

betweene the maine Ocean, and Watkins Point unto the

Promontory called Cape Charles, and all its apurtenances,

doe remaine intirely excepted to us, our heires, and Suc-

cessors for ever).

Wee doe also grant and confirme unto the said now

Lord Baltemore, his heires and Assignes, all Ilands, and

Iletts within the limitts aforesaid, and all and singular the

Ilands and Iletts, which are, or shall be in the Ocean,

within 10. Leagues from the Easterne shoare of the said

Countrey, towards the East, with all and singular Ports,

Harbors, Bayes, Rivers, and Inletts, belonging unto the

Countrey, or Ilands aforesaid: And all the Soile, lands,

Fields, Woods, Mountaines, Fennes, Lakes, Rivers, Bayes,

and Inletts, situate, or being within the bounds, and limits

aforesaid, with the fishing of all forts of fish, whales, Stur-

geons, and all other royal fishes in the Sea, Bays, Inletts, or

Rivers, within the premises: and the fish therein taken: and

moreover all Veines, Mines, and Quarries, aswell discov-

ered, as not discovered, of Gold, Siluer, Gemmes, and pre-

tious stones, and all other whatsoever, be it of Stones,

Mettalls, or of any other thing, or matter whatsoever,

found, or to bee found within the Countrey, Iles, and lim-

its aforesaid. And Furthermore the Patronages and

Aduowsons of all Churches, which (as Christian Religion

shall encrease within the Countrey, Iles, Iletts, and limits

aforesaid) shall happen hereafter to bee erected: together

with licence and power, to build and found Churches,

Chappells, and Oratories, in convenient and fit places

within the premises, and to cause them to be dedicated,

and consecrated according to the Ecclesiasticall Lawes of

our Kingdome of England: Together with all and singular

the like, and as ample rights, Iurisdictions, Priviledges,

Prerogatives, Royalties, Liberties Immunities, Royall

rights, and franchises of what kind soever temporall, as

well by Sea, as by land, within the Countrey, Iles, Iletts,

and limits aforesaid; To have, exercise, use and enjoy the

same, as amply as any Bishop of Durham, within the Bish-

oprick, or County Palatine of Durham, in our Kingdome of

England, hath at any time heretofore had, held, used, or

enjoyed, or of right ought, or might have had, held, used,

or enjoyed.

And Him the said now Lord Baltemore, his Heires and

Assignes, Wee doe by these Presents for Vs, Our Heires

and Successors, make, create, and constitute and true and

absolute Lords, and Proprietaries of the Countrey afore-

said, and of all other the Premises, (except before

excepted) saving alwayes, the faith and allegeance, and

Soveraigne dominion due unto Vs, Our Heires and Suc-

cessors.

To Have, hold, possesse, and enjoy the sayd Countrey,

Iles, Iletts, and other the Premises, unto the said now Lord

Baltemore, his heires and assignes, to the sole and proper

use and behoofe of him the said now Lord Baltemore, his

heires and assignes for ever.

To Bee holden of Vs, Our Heires, and Successors,

Kings of England as of Our Castle of Windsor, in Our

County of Berkshire, in free and common soccage, by

fealty onely, for all seruices, and not in Capite, or by

Knights seruice: Yeelding and paying therefore to Vs, our

Heires and Successors, two Indian Arrowes of those parts,

to be delivered at Our said Castle of windsor, every yeere

on the Tuesday in Easter weeke; and also the fifth part of

all Gold and Siluer Oare within the limits aforesaid, which

shall from time to time happen to be found.

Now That the said Countrey thus by Vs granted, and

described, may be eminent above all other parts of the said

territory, and dignified with larger titles: Know yee that

wee of our further grace, certaine knowledge, and meere

motion, have thought fit to erect the same Countrey and

Ilands into a Province, as out of the fullnesse of Our royall

Power, and Prerogative, Wee doe, for Vs, Our Heires, and

Successors, erect, and incorporate them into a Province,

and doe call it Mary land, and so from henceforth will have

it called.

And Forasmvch as Wee have hereby made, and

ordained the aforesaid now Lord Baltemore, the true

Lord, and Proprietary of all the Province aforesaid: Know

yee therefore moreover, that Wee, reposing especiall trust

and confidence in the fidelitic, wisedome, Iustice, and

Provident circumspection of the said now Lord Baltemore,

for Vs, Our Heires and Successors, doe grant free, full, and

absolute power, by vertue of these Presents, to him and his

heires, for the good and happy government of the said

Province, to ordaine, make, enact, and under his and their

seales to publish any Lawes whatsoever, appertaining

either unto the publike State of the said Province, or unto

the private utility of particular Persons, according unto

their best directions, of and with the aduise assent and

approbation of the Free-men of the said Province, or the

greater part of them, or of their delegates or deputies,

whom for the enacting of the said lawes, when, and as

often as neede shall require, We will that the said now

Lord Baltemore, and his heires, shall assemble in such sort

of the forme, as to him or them shall seeme best: And the

same lawes duly to execute upon all people, within the said

Province, and limits thereof, for the time being, or that

shall be constituted under the government, and power of

him or them, either sayling towards Mary-land, or return-

ing from thence toward England, or any other of Ours, or

forraine Dominions, by imposition of Penalties, Imprison-

ment, or any other punishment; yea, if it shall be needfull,

120 ERA 2: Colonization and Settlement

and that the quality of the offence require it, by taking

away member or life, either by him the said now Lord

Baltemore, and his heires, or by his or their Deputies,

Lievtenants, Judges, Justices, Magistrates, Officers, and

Ministers to be ordained or appointed, according to the

Tenor, and true intention of these Presents: And likewise

to appoint and establish any Judges and Justices, Magis-

trates and Officers whatsoever, at sea and Land, for what

causes soever, and with what power soever, and in such

forme, as to the said now Lord Baltemore, or his heires,

shall seeme most conuenient: Also to remit, release, par-

don, and abolish, whether before Judgement, or after, all

crimes or offences whatsoever, against the said Lawes: and

to doe all and every other thing or things, which unto the

complete establishment of Justice, unto Courts, Praeto-

ries, and Tribunals, formes of Judicature and maners of

proceeding, do belong: although in these Presents,

expresse mention be not made thereof, and by judges by

them delegated, to award Processe, hold Pleas, and deter-

mine in all the said Courts and Tribunalls, all actions, suits,

and causes whatsoever, as well criminal as civill, personall,

reall, mixt, and praetoriall; which laws, so as aforsaid to be

published, Our pleasure is, and so Wee enioyne, require,

and command, shall be most absolute and available in Law,

and that all the Leige people, and subjects of Vs, Our

Heires and Successors, do obserue and keepe the same

inuiolably, in those parts, so farre as they concerne them,

under the paines therein expressed, or to be expressed:

Provided neverthelesse, that the said Lawes be consonant

to reason, and be not repugnant or contrary, but as neere

as conueniently may be agreeable to the Lawes, Statutes,

Customes, and Rights of this our Kingdome of England.

And forasmvch, as in the Government of so great a

Province, suddaine accidents doe often happen, where-

unto it will be necessary to apply a remedy, before the

Free-holders of the said Province, their Delegates, or

Deputies, can be assembled to the making of Lawes, nei-

ther will it be conuenient, that instantly upon every such

emergent occasion, so great a multitude should be called

together: Therefore fore the better government of the said

Province, Wee will and ordaine, and by these Presents for

Vs, Our Heires, and Successors, doe grant unto the said

now Lord Baltemore, and his heires, that the said now

Lord Baltemore and his heires, by themselues, or by their

Magistrates and Officers in that behalfe duely to be

ordained as aforesaid, may make and constitute, fit and

wholesome Ordinances, from time to time, within the said

Province, to be kept and obserued, as well for the preser-

vation of the Peace, as for the better government of the

people there inhabiting, and publikely so notifie the same

to all persons, whom the same doth, or any way may con-

cerne; which Ordinances, Our pleasure is, shall be

obserued inviolably within the said Province, under the

paines therein to bee expressed. So as the said Ordinances

be consonant to reason, and be not repugnant nor con-

trary, but so farre as conveniently may be, agreeable with

the Lawes and Statutes of Our Kingdome of England, and

so as the said Ordinances be not expended, in any sort to

bind, charge, or take away the right or interest of any per-

son, or persons, of, or in their Life, Member, Free-hold,

Goods, or Chattells.

Fvrthermore, that this new Colony may the more hap-

pily encrease by the multitude of people resorting thither,

and may likewise be the more strongly defended from the

incursions of Saluages, or other enemies, Pyrates and Rob-

bers: Therefore Wee, for Vs, Our Heires and Successors,

doe give and grant by those Presents, Power, licence, and

liberty unto all the liege people, and subjects, both pre-

sent, and future, of Vs, Our Heires, and Successors

(excepting those who shall be specially forbidden) to trans-

port themselues and families unto the said Province, with

conuenient shipping, and fitting provisions, and there to

settle themselues, dwell and inhabite, and to build, and

fortifie Castles, Forts, and other places of strength for the

publike, and their owne private defence, at the appoint-

ment of the said now Lord Baltemore, and his heires, the

Statute of fugitives, or any other whatsoever, to the con-

trary of the premises, in any wise notwithstanding.

And wee will also, and of Our more speciall grace, for

Vs, Our Heires, and Successors, wee doe straightly

enioyne, constitute, ordaine, and command, that the said

Province shall be of Our Allegiance, and that all and sin-

gular the Subjects, and Liege people of Vs, Our Heires,

and Successors, transported, or to be transported into the

said Province, and the children of them, and of such as

shall descend from them, there already borne, or hereafter

to be borne, bee, and shall be Denizens, and Lieges of Vs,

Our Heires, and Successors, of Our Kingdome of England,

and Ireland, and be in all things held, treated, reputed, and

esteemed as the liege faithfull people of Vs, Our Heires,

and Successor, borne within Our Kingdome of England,

and likewise any Lands, Tenements, Revenues, Seruices,

and other hereditaments whatsoever, within Our King-

dome of England, and other Our Dominions, may inherite,

or otherwise purchase, receive, take, have, hold, buy, and

possesse, and them may occupy, and enjoy, give, fell,

aliene, and bequeath, as likewise, all Liberties, Franchises,

and Priviledges, of this Our Kingdome of England, freely,

quietly, and peaceably, have and possesse, occupy and

enjoy, as Our liege people, borne, or to be borne, within

Our said Kingdome of England, without the let, molesta-

tion, vexation, trouble, or grievance of Vs, Our Heires and

Successors: any Statute, Act, Ordinance, or Provision to

the contrary hereof notwithstanding.

And fvrthermore, That Our Subjects may be the

rather encouraged to undertake this expedition, with ready

and cheerefull minds; Know Yee, that We of Our speciall

grace, certaine knowledge, and meere motion, doe give

The Establishment of Colonies and Settlements 121