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KNOW YE, that WE... have thought fit that the said Region and Islands be erected into a PROVINCE, as out of the plenitude of our royal power and prerogative, WE do . . . ERECT and INCORPORATE the same into a PROVINCE, and nominate the same MARYLAND, by which name WE will that it shall from henceforth be called.

VII. And forasmuch as WE have above made and ordained the aforesaid now Baron of BALTIMORE, the true LORD and Proprietary of the whole PROVINCE aforesaid, KNOW YE therefore further, that WE... do grant unto the said now Baron, (in whose Fidelity, Prudence, Justice, and provident Circumspection of Mind, WE repose the greatest Confidence) and to his Heirs, for the good and happy Government of the said PROVINCE, free, full, and absolute Power, by the tenor of these Presents, to Ordain, Make, and Enact LAWS, of what kind soever, according to their sound Discretions, whether relating to the Public State of the said PROVINCE, or the private Utility of Individuals, of and with the Advice, Assent, and Approbation of the Free-Men of the same PROVINCE, or of the greater Part of them, or of their Delegates or Deputies, whom WE will shall be called together for the framing of LAWS, when, and as often as Need shall require, by the aforesaid now Baron of BALTIMORE, and his Heirs, and in the Form which shall seem best to him or them, and the same to publish under the Seal of the aforesaid now Baron of BALTIMORE, and his Heirs, and duly to execute the same upon all Persons, for the Time being, within the aforesaid PROVINCE, and the Limits thereof, or under his or their Government and Power, in Sailing towards MARYLAND, or thence Returning, Outward-bound, either to England, or elsewhere, whether to any other Part of Our, or of any foreign Dominions, wheresoever established, by the Imposition of Fines, Imprisonment, and other Punishment whatsoever; even if it be necessary, and the Quality of the Offence require it, by Privation of Member, or Life, by him the aforesaid now Baron of BALTIMORE, and his Heirs, or by his or their Deputy, Lieutenant, Judges, Justices, Magistrates, Officers, and Ministers, to be constituted and appointed according to the Tenor and true Intent of these Presents, and to constitute and ordain Judges, Justices, Magistrates and Officers, of what Kind, for what Cause, and with what Power soever, within that Land, and the Sea of those Parts, and in such Form as to

the said now Baron of BALTIMORE, or his Heirs, shall seem most fitting: And also to Remit, Release, Pardon, and Abolish, all Crimes and Offences whatsoever against such Laws, whether before, or after Judgment passed; and to do all and singular other Things belonging to the Completion of Justice, and to Courts, Prætorian Judicatories, and Tribunals, judicial Forms and Modes of Proceeding, although express Mention thereof in these Presents be not made; and, by Judges by them delegated, to award Process, hold Pleas, and determine in those Courts, Prætorian Judicatories, and Tribunals, in all Actions, Suits, Causes, and Matters whatsoever, as well Criminal as Personal, Real and Mixed, and Prætorian: ... SO NEVERTHELESS, that the Laws aforesaid be consonant to Reason and be not repugnant or contrary, but (so far as conveniently may be) agreeable to the Laws, Statutes, Customs and Rights of this Our Kingdom of England.

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VIII. AND FORASMUCH as, in the Government of so great a PROVINCE, sudden Accidents may frequently happen, to which it will be necessary to apply a Remedy, before the Freeholders of the said PROVINCE, their Delegates, or Deputies, can be called together for the framing of Laws; neither will it be fit that so great a Number of People should immediately, on such emergent Occasion, be called together, WE THEREFORE, for the better Government of so great a PROVINCE, . . . do grant . . . that the aforesaid now Baron of BALTIMORE; and his Heirs, by themselves, or by their Magistrates and Officers, thereunto duly to be constituted as aforesaid, may, and can make and constitute fit and wholesom Ordinances from Time to Time, to be kept and observed within the PROVINCE aforesaid, as well for the Conservation of the Peace, as for the better Government of the People inhabiting therein, and publickly to notify the same to all Persons whom the same in any wise do or may affect . : so that the same Ordinances do not, in any Sort, extend to oblige, bind, change, or take away the Right or Interest of any Person or Persons, of, or in Member, Life, Freehold, Goods or Chattels.

XVII. MOREOVER, We will, appoint, and ordain, and by these Presents, for US, our Heirs and Successors, do grant unto the aforesaid now Baron of BALTIMORE, his Heirs and Assigns, that the same Baron of BALTIMORE, his Heirs and Assigns, from Time to Time, for ever, shall have, and enjoy the Taxes

and Subsidies payable, or arising within the Ports, Harbours, and other Creeks and Places aforesaid, with the PROVINCE aforesaid, for Wares bought and sold, and Things there to be laden, or unladen, to be reasonably assessed by them, and the People there as aforesaid, on emergent Occasion; to whom WE grant Power by these Presents, for US, our Heirs and Successors, to assess and impose the said Taxes and Subsidies there, upon just Cause, and in due Proportion.

WE . . . do give . . . unto

XVIII. AND FURTHERMORE. the aforesaid now Baron of BALTIMORE, his Heirs and Assigns, full and absolute Licence, Power, and Authority. . . [to] assign, alien, grant, demise, or enfeoff so many, such, and proportionate Parts and Parcels of the Premises, to any Person or Persons willing to purchase the same, as they shall think convenient, to have and to hold . . . in Fee-simple, or Fee-tail, or for Term of Life, Lives, or Years; to hold of the aforesaid now Baron of BALTIMORE, his Heirs and Assigns, by . . . such... Services, Customs and Rents OF THIS KIND, as to the same now Baron of BALTIMORE, his Heirs and Assigns, shall seem fit and agreeable, and not immediately of US. .

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XIX. WE also, . . . do . . . grant Licence to the same Baron of BALTIMORE, and to his Heirs, to erect any Parcels of Land within the PROVINCE aforesaid, into Manors, and in every of those Manors, to have and to hold a Court-Baron, and all Things which to a Court-Baron do belong; and to have and to keep View of Frank-Pledge, for the Conservation of the Peace and better Government of those Parts, by themselves and their Stewards, or by the Lords, for the Time being to be deputed, of other of those Manors when they shall be constituted, and in the same to exercise all Things to the View of Frank-Pledge belonging.

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XXI. AND FURTHERMORE WE WILL . . . that the said PROVINCE, and the Freeholders or Inhabitants. . . of the said Colony or Country, shall not henceforth be held or reputed a Member or Part of the Land of Virginia, or of any other Colony already transported, or hereafter to be transported, or be dependent on the same, or subordinate in any kind of Government, from which WE do separate both the said PROVINCE, and Inhabitants thereof, and by these Presents do WILL to be distinct, and that they may

be immediately subject to our Crown of England, and dependent on the same for ever.

No. 13. Grant of New Hampshire and Massonia

April 22/May 2, 1635

MASON'S grant of 1635, given at the general division made by the Council for New England in that year, was not confirmed by the King. In 1642-1643 the settlements about the Piscataqua were absorbed by Massachusetts, and remained under the jurisdiction of that colony until 1679, when New Hampshire became a royal province. In 1685 the province was again united to Massachusetts. New Hampshire never received a royal charter, but remained a crown province until the Revolution.

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REFERENCES. — Text in Hazard's Historical Collections, I., 384–387. Only the definition of boundaries is given here. On the opinion of the attorneygeneral, in 1679, relative to the validity of Mason's grants, see Hubbard's Hist. of New England, 612-621, in Mass. Hist. Coll., Second Series, VI.

[The patent recites the grant of 1620 to the Council for New England, and continues:]

Now know all men by these presents, that the said Counsell of New England, in America, being assembled in publick court, according to an act made and agreed upon the third day of February last past, before the date of these presents . . ., do for them and their successors, give, grant, . . . and confirm unto Capt. John Mason, Esq; his heyres and assignes, all that part of the Mayn Land of New England aforesaid, beginning from the middle part of Naumkeck River, and from thence to proceed eastwards along the Sea Coast to Cape Anne, and round about the same to Pischataway Harbour, and soe forwards up within the river of Newgewanacke, and to the furthest head of the said River, and from thence northwestwards till sixty miles bee finished, from the first entrance of Pischataqua Harbor, and alsoe from Naumkecke through the River thereof up into the land west sixty miles, from which period to cross over land to the sixty miles end, accompted from Pischataway, through Newgewanacke River to the land. northwest aforesaid; and alsoe all that the South Halfe of the Ysles of Sholes, all which lands, with the Consent of the Coun

sell, shall from henceforth be called New-hampshyre: And alsoe ten thousand acres more of land in New England aforesaid, on the southeast part of Sagadihoc, at the mouth or entrance thereof, from henceforth to bee called by the name of Massonia; togeather with all and singular Havens, Harbors, Cricks, and Yslands inbayed, and all Islands and Isletts lying within five leagues distance of the Mayne Land opposite and abbutting upon the Premises or any part thereof, not formerly lawfully granted to any by spetiall name;

No. 14. Fundamental Orders of Connecticut January 14/24, 1638/9

THE region of the Connecticut valley, originally included within the grant of 1620 to the Council for New England, became the subject of rival claims on the part of New Netherland, Massachusetts, and Plymouth. A patent for the territory west of the Narragansett River, given in March, 1631/2, by the Earl of Warwick, president of the Council for New England, to Lord Say and Sele, Lord Brook, and others, remained unused until 1635, when John Winthrop, the younger, arrived with a commission as governor, and built a fort at Saybrook, at the mouth of the Connecticut. The Dutch had already built a fort at Hartford, and in 1633 traders from Plymouth had established a post at Windsor. In the meantime, Massachusetts traders had explored the overland route from that colony, and their favorable reports encouraged the plan, already under consideration by inhabitants of Dorchester, Watertown, and Newtown (Cambridge), to remove to a region where greater religious and political freedom, as well as opportunity for material betterment, could be enjoyed. The plan of emigration, defeated in 1634, was approved by Massachusetts the next year, and a commission of government was granted by the General Court. In 1635-1636, settlements were planted at Windsor, Wethersfield, and Hartford. In 1637 the three towns assumed the control of their own affairs, and in January, 1638/9, drew up the constitution known as the Fundamental Orders of Connecticut - "the first written constitution known to history that created a government."

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REFERENCES. Text in Connecticut Colonial Records, I., 20-25. Warwick's patent of 1631, and Winthrop's commission, are in Trumbull's History of Connecticut (ed. 1797), I., 525-528. See also Andrews's River Towns of Connecticut, in Johns Hopkins Univ. Studies, VII., Nos. 7-9; Trumbull's Connecticut, I, chaps. 4, 6; Doyle's Puritan Colonies, I., chap. 5; Johnston's History of Connecticut.

Forasmuch as it hath pleased the Allmighty God by the wise disposition of his divyne providence so to Order and dispose of things that we the Inhabitants and Residents of Windsor, Harte

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