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EXEMPLIFICATION OF THE JUDGMENT FOR
[The following paper is copied from a contemporary manuscript in the archives of our Society. Judgment was entered against the Massachusetts Charter in 1684, in' the latter part of the reign of Charles the Second. The “ Exemplification of the Judgment” was issued the following year by his successor, James the Second. The original is in Latin, engrossed on rolls of parchment, and is in the office of the Secretary of the Commonwealth. On the back of one of the rolls is the following indorsement : “An Exemplificacon for our Souaigne Lord the King Against the Governor of the Mattachusetts Bay in New-England.” Signed, “Pengry." - EDS.]
James the Second by the grace of God
King of England Scotland France and Ireland Defender of the faith &c. To all to whome these presents shall come Greeting quee haue inspected a certaine Judgment given before Our most Deare Brother Lord Charles the second (of blessed memory) late king of England in his Chancery in the Terme of the holy Trinity in the six and Thirtieth yeare of his Reigne Betweene the said late King pl And the Governor and Compa of Mattachusetts Bay in New England Defts and remayning on Record in the files of the said Court in these Words Recitall of the Ss: Pleas before Our soveraigne Lord the
King that now is in his Chancery att Westm" in the County of Middx in the Terme of Easter in the six and Thirtieth yeare of the Raigne of Our Soveraigne Lord Charles the second by the grace of God of England Scotland France and Ireland King Defender of the faith &c.
Our Soveraigne Lord the King which now is hath charged his close Writt Directed to the The Writt to the Sheriffe of Middx in these words Charles Shff of Middlesex the second by the grace of God of England Scotland France and Ireland king Defender of the faith &c. TO the Sheriffe of Middx greeting whereas
whereas Reciting the Our most Deare Father Lord Charles the first late king of England by his Letters Patents sealed under the great Seale of England bearing Date att Westm" the fowerth day of March in the fourth yeare of his Raigne Reciteing thereby, That whereas his most Deare Father Lord James late king of England &c by his Letters Patents bearing date att Westm" the third Day of November in the Eighteenth Yeare of his Raigne had given and granted to the Councell Established att Plymouth in the County of Devon For the Plantacon Ruleing Ordering and governing of New England in America and their Successors and Assignes for ever All that part of America lyeing and being in breadth from Forty Degrees Northern Latitude from the Equinoctiall Lyne to Eight and forty Degrees of the same Latitude inclusively and in length of & within all that breadth throughout the maine Lands from Sea to Sea together with the firme Land Soyles grounds Bayes 'Rivers Waters Fishings Mynes and Mineralls as well Royall Mines of Gold and silver as other Mines and Mineralls precious Stones Quarries and all and singular other Comodityes Jurisdiccons Royalties previledges Franchises and preheminencys as well within the said Tract of Land upon the Continent as within Yo Islands and seas adjoyning Provided alwaies that the said Islands or any of the premisses thereby intended to be granted were not actually posses't or Inhabitted by any other Christian Prince or State or within the bounds Lymitts and Territoryes of the Southerne Colony then before that time granted by the said late King James to be planted by divers of his Subjects in the southerne parts To haue hold possesse and enjoy all and singular the said Continent Lands Territoryes Islands hereditaments and precincts Seas Waters Fishings with all and all manner of Comodities Royalties, Liberties, preheminencys and proffitts which thence should further arise wth all and singular their appurtenances and every part and parcell thereof to the said Councell their Successors and Assignes for ever To the sole and propper vse and behoofe of them the said Councell their Successors and Assignes for ever To be held of him the said late King James his heires and Successors as of his Mannor of East Greenwich in the County of Kent in free and Common soccage and not in Capite nor by Knights service Rending and paying for the same to the said late King James his heires and Successors a Fifth part of the Oare of Gold & silver which from time to time and att all times should happen to be found acquired had and obtained in to or within any of the said Lands Lymitts Territoryes or precincts or in or within any part or parcell thereof for or in respect of all and all manner of Duties demands and services whatsoever to be made done and paid to the said late King James his heires and successors As by the said last recited Letters Patents of the said King James amongst divers other Clauses powers priviledges and Grants therein contained did more att large appeare Reciteing also That Zuhereas the said Councell establish't att Plymouth aforesaid for the plantacon Ruleing Ordering and Governing of New England in America by their Deed indented under their Common seale bearing date the nyneteenth day of March then last past in the third yeare of the said late King Charles the first had given granted bargained sold enfeoffed aliened & Confirmed to Si Henry Rosewell and Si John Young kn' Thomas Southcott John Humfrey John Endicott and Symon Whetcombe their heires Assignes and Associates for ever All that part of New England in America aforesaid which lay and extended betweene the great River there comonly called Monomack als Merriemack and another River there called Charles River being in the bottome of a certaine Bay there called Massachusetts als Mattachusetts als Massatusetts Bay And also all and singular those Lands and hereditaments whatsoever lyeing within the space of Three English miles on the southerne part of the said River called Charles River or any or every part thereof. And also all and singular the Lands and hereditaments whatsoever lyeing and being win the space of Three English miles southwards
of the most Southerly part of the said Bay called Massachusetts als Mattachusetts als Massatusetts Bay And also all those Lands and hereditam's whatsoever which lye and are within the space of three English miles to the northerne part of the said River called Monomack als Merriemack or to the Northerne part of any and every part thereof and all Lands and hereditaments whatsoever lyeing within the Lymitts aforesaid to the north and South breadth and length of and within all the said breadth through the Continent there from the Atlantick and Westerne Sea and Ocean on the Easterne part to the Southerne Sea on the Westerne part And all Lands and soyle place and places Woods and Woodlands Bayes Rivers Waters Fishings and hereditaments whatsoever lyeing within the bounds and lymitts aforesaid and every part and parcell thereof.
And also all Islands lyeing in America aforesaid in the said Seas or either of them on the Westerne or Easterne shores or parts of the aforesaid Tract of Land by the said Indenture menconed to be given granted bargained sold enfeoffed aliened and confirmed or of any of them And also all Mynes and Mineralls as well Mynes Royall of Gold and silver as other Mynes and Mineralls whatsoever in the aforesaid Lands and premisses or any part thereof And all Jurisdiccons Rights Royalties Lyberties Imunities priviledges Franchises preheminencys and Comodities whatsoever which the said Councell established att Plymouth in the County of Devon for the plantacon Ruleing Ordering and Governing of New England in America then had or ought to vse exercise & enioy in or with the said Lands & premisses by the said Indenture menconed to be given granted bargained sold enfeoffed and confirmed or in or within any part or parcell thereof To haue and to hold the said part of New England in America which lyes and extends and is abutted as aforesaid and every part and parcell thereof And all the said Islands Rivers Bayes Waters Fishings Mines Mineralls Jurisdiccons Franchises, Royaltyes, Liberties priviledges Comodityes hereditaments and premisses whatsoever wth the appurtenances to the said S Henry Rosewell S John Young Thomas Southcott John Humphrey John Endecott and Symon
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Whetcombe their heires and Assignes and their Associates to the sole and propper vse and proffitt of them the said S. Henry Rosewell S John Young Thomas Southcott John Humfrey John Endecott and Symon Whetcombe theire heires and Assignes and their Associates for ever The said late King Charles the First Our most Deare Father att the humble suite and Peticon of the said S Henry Rosewell s' John Young Thomas Southcott John Humfrey John Endecott and Symon Whetcombe and others who had associated to them Did grant and Confirme to the said S' Henry Rosewell S Iohn Young Thomas Southcott John Humfrey John Endecott and Symon Whetcombe and their Associates after in the said Letters Patents named to witt si Richard Saltonstall kn Isaac Johnson Samuell Aldersey. John Ven Mathew Cradock George Harwood Increase Nowell Richard Perry Rich Bellingham Nathaniell Wright Samuell Vassall Theophilus Eaton Thomas Goffe Thomas Adams John Browne Samuell Browne Thomas Hutchins William Vassall William Pinchion and George Foxcroft their heires and Assignes AII the said part of New England in America lyeing and extending betweene the bounds and lymitts in the aforesaid recited Indenture expressed and all Lands and soyle place and places woods and Woodlands Bayes Rivers Waters Mynes Mineralls Jurisdiccons Rights Royalties Libertyes Imunityes priviledges franchises p'heminencyes and hereditaments bargained sold enfeoffed aliened and Confirmed or menconed or intended thereby to be given granted bargained sold enfeoffed aliened and Confirmed To haue and to hold the said part of New England in America and other the premisses by the said Letters Patents menconed to be granted and Confirmed and every part and parcell thereof with the appurtenances vnto them the said Si Henry Rosewell Si Iohn Young Si Richard Saltonstall Thomas Southcott John Humphrey John Endecott Symon Whetcombe Isaac Johnson Samuell Aldersey John Ven Mathew Cradock George Harwood Increase Nowell Richard Perry Richard Bellingham Nathaniell Wright Samuell Vassall Theophilus Eaton Thomas Goffe Thomas Adams John Browne Samuell Browne Thomas Hutchins Wm Vassall Wm Pinchion and George Foxcroft their heirs & As