given, granted, bargained, sold, enfeoffed, aliened, and confirmed, and also all mines and minerals, as well, royal mines of gold and silver, as other mines and minerals whatsoever, in the said land and premises, or any part thereof, and also the several rivers within the said limits, by what name or names soever called or known, and all jurisdictions, rights, and royalties, liberties, freedoms, immunities, powers, privileges, franchises, pre-eminences, and commodities whatsoever, which the said Robert, Earl of Warwick, now hath or had, or might use, exercise, or enjoy, in or within any part or parcel thereof, excepting and reserving to his majesty, his heirs, and successors the fifth part of all gold and silver ore, that shall be found within the said premises, or any part or parcel thereof: To HAVE and to HOLD the said part of New-England in America, which lies and extends and is abutted as aforesaid. And the said several rivers and every part and parcel thereof, and all the said islands, rivers, ports, havens, waters, fishings, mines, minerals, jurisdictions, powers, franchises, royalties, liberties, privileges, commodities, hereditaments and premises, whatsoever with the appurtenances, unto the said William, Viscount Say and Seal, Robert, Lord Brook, Robert, Lord Rich, Charles Fiennes, Sir Nathaniel Rich, Sir Richard Saltonstall, Richard Knightly, John Pym, John Hampden, John Humphrey and Herbert Pelham, their heirs and assigns and their associates, to the only proper and absolute use and behoof of them the said William, Viscount Say and Seal, Robert, Lord Brook, Robert, Lord Rich, Charles Fiennes, Sir Nathaniel Rich, Sir Richard Saltonstall, Richard Knightly, John Pym, John Hampden, John Humphrey, and Herbert Pelham, their heirs and assigns, and their associates for ever more. In witness whereof the said Robert, Earl of Warwick, hath hereunto set his hand and seal, the nineteenth day of March, in the seventh year of the reign of our sovereign Lord Charles, by the Grace of God, King of England, Scotland, France and Ireland, defender of the faith, &c. Annoq. Domini, 1631. Signed, sealed, and delivered, in the presence of WALTER WILLIAMS, THOMAS HOWSON. Robert WARWICK, A Seal. NUMBER II. Mr. Winthrop's commission to erect a fort at the mouth of Connecticut river, with articles of agreement between him and their lordships Say and Seal, Brook, &c. 1635. KNOW all men, by these presents, that we, Arthur Hasselring, Baronet, Sir Richard Saltonstall, Knt. Henry Lawrence, Henry Darley, and George Fenwick, Esquires, in our own names, and in the name of the right honorable Viscount Say and Seal, Robert, Lord Brook, and the rest of our company, do ordain and constitute John Winthrop, Esq. the younger, governor of the river Connecticut, with the places adjoining thereunto, for, and during the space of one whole year, after his arrival there, giving him, from and under us, full power and authority, to do and execute any such lawful act and thing, both in respect of the place and people, as also of the affairs we have, or shall have there, as to the dignity or office of a governor doth, or may appertain. In witness whereof we have hereunto put our hands and seals, this 18th day of July, 1635. RICHARD SALTONSTALL, HENRY LAWRENCE, HENRY DARLEY, ARTHUR HASSELRING, Five seals appendant, impressed in one large piece of wax. Articles made between the right honorable the lord Viscount Say and Seal, Sir Arthur Hasselring, Baronet, Sir R.chard Saltonstall, Knight, Henry Lawrence, Henry Darley, and George Fenwick, Esquires, on the one part, and John Winthrop, Esq. the younger, of the other, the 7th July, 1635. First, That we, in our names, and the rest of the company, do by these presents appoint John Winthrop, the younger, governor of the river Connecticut, in New-England, and of the harbour and places adjoining, for the space of one year, from his arrival there. And the said John Winthrop doth undertake and covenant for his part, that he will, with all convenient speed, repair to those places, and there abide as aforesaid for the best advancement of the company's service. Secondly, That so soon as he comes to the bay, he shall endeavour to provide able men to the number of fifty, at the least, for making of fortifications, and building of houses at the river Connecticut, and the harbour adjoining, first for their own present accommodations, and then such houses as may receive men of quality, which latter houses we would have to be builded within the fort. Thirdly, That he shall employ those men, according to his best ability, for the advancement of the company's service, especially in the particulars abovementioned, during the time of his government; and shall also give a true and just account of all the monies and goods committed to his managing. Fourthly, That for such as shall plant there now, in the beginning, he shall take care that they plant themselves either at the harbour, or near the mouth of the river, that these places may be the better strengthened for their own safety, and to that end, that they also set down in such bodies together, as they may be most capable of an entrenchment; provided that there be reserved unto the fort, for the maintenance of it, one thousand or fifteen hundred acres, at least, of good ground, as near adjoining thereunto as may be. Fifthly, That forasmuch as the service will take him off from his own employment, the company do engage themselves, to give him just and due consideration for the same. In witness whereof we have interchangeably hereunto subscribed our names. GEORGE FENWICK, ARTHUR HASSELRING, HENRY DARLEY. W. SAY and SEAL, RICHARD SALTONSTALL, NUMBER III. The original constitution of Connecticut, formed by voluntary compact, 1639. FORASMUCH as it hath pleased the Almighty God, by the wise disposition of his divine providence, so to order and dispose of things, that we the inhabitants and residents of Windsor, Hartford, and Weathersfield, are now cohabiting, and dwelling in and upon the river Connecticut, and the lands thereunto adjoining, and well knowing where a people are gathered together, the word of GOD requireth that, to maintain the peace and union of such a people, there should be an orderly and decent government established according to GOD, to order and dispose of the affairs of the people at all seasons, as occasion should require; do therefore associate and conjoin ourselves to be as one public STATE OR COMMONWEALTH; and do, for ourselves and our successors, and such as shall be adjoined to us at any time hereafter, enter into combination and confederation together, to maintain and preserve the liberty and purity of the gospel of our LORD JESUS, which we now profess, as also the discipline of the churches, which, according to the truth of said gospel, is now practised amongst us; as also in our civil affairs to be guided and governed according to such laws, rules, orders, and decrees, as shall be made, ordered, and decreed, as followeth: I. It is ordered, sentenced, and decreed, that there shall be yearly two general assemblies or courts, the one on the second Thursday of April, the other the second Thursday of September following: The first shall be called the COURT of ELECTION, wherein shall be yearly chosen, from time to time, so many magistrates and other public officers, as shall be found requisite, whereof one to be chosen governor for the year ensuing, and until another be chosen, and no other magistrate to be chosen for more than one year; provided always, there be six chosen besides the governor, which being chosen and sworn according to an oath recorded for that purpose, shall have power to administer justice according to the laws here established, and for want thereof according to the rule of the word of God; which choice shall be made by all that are admitted freemen, and have taken the oath of fidelity, and do cohabit within this jurisdiction, having been admitted inhabitants by the major part of the town where they live, or the major part of such as shall be then present. II. It is ordered, sentenced, and decreed, that the election of the aforesaid magistrates shall be in this manner; every person present and qualified for choice, shall bring in (to the persons deputed to receive them) one single paper, with the name of him written on it whom he desires to have governor, and he that hath the greatest number of papers shall be governor for that year: And the rest of the magistrates or public officers to be chosen in this manner; the secretary for the time being, shall first read the names of all that are to be put to choice, and then shall severally nominate them distinctly, and every one that would have the person nominated to be chosen shall bring in one single paper written upon, and he that would not have him chosen shall bring in a blank, and every one that has more written papers than blanks, shall be a magistrate for that year, which papers shall be received and told by one or more that shall be then chosen, by the court, and sworn to be faithful therein; but in case there should not be six persons as aforesaid, besides the governor, out of those which are nominated, then he or they which have the most written papers, shall be a magistrate or magistrates for the ensuing year, to make up the aforesaid number. III. It is ordered, sentenced, and decreed, that the secretary shall not nominate any person new, nor shall any person be chosen newly into the magistracy, which was not propounded in some general court before, to be nominated the next election: And to that end it shall be lawful for each of the towns aforesaid, by their deputies, to nominate any two whom they conceive fit to be put to election, and the court may add so many more as they judge requisite. IV. It is ordered, sentenced, and decreed, that no person be chosen governor above once in two years, and that the governor be always a member of some approved congregation, and formerly of the magistracy within this jurisdiction, and all the magistrates freemen of this commonwealth; and that no magistrate or other public officer, shall execute any part of his or their office before they are severally sworn, which shall be done in the face of the court if they be present, and in case of absence, by some deputed for that purpose. V. It is ordered, sentenced, and decreed, that to the aforesaid court of election, the several towns shall send their deputies, and when the elections are ended they may proceed in any public service, as at other courts; also, the other general court in Septem ber, shall be for making of laws, and any other public occasion which concerns the good of the commonwealth. VI. It is ordered, sentenced, and decreed, that the governor shall, either by himself or by the secretary, send out summons to the constables of every town, for the calling of those two standing courts, one month at least, before their several times; and also, if the governor and the greatest part of the magistrates see cause, upon any special occasion, to call a general court, they may give order to the secretary so to do, within fourteen days warning; and if urgent necessity so require, upon a shorter notice, giving sufficient grounds for it to the deputies when they meet, or else be questioned for the same. And if the governor, or major part of the magistrates, shall either neglect or refuse to call the two general standing courts, or either of them, as also at other times when the occasions of the commonwealth require, the freemen thereof, or the major part of them, shall petition to them so to do; if then it be either denied or neglected, the said freemen, or the major part of them, shall have power to give order to the constables of the several towns to do the same, and so may meet together and choose to themselves a moderator, and may proceed to do any act of power which any other general courts may. VII. It is ordered, sentenced, and decreed, that after there are warrants given out for any of the said general courts, the constable or constables of each town, shall forthwith give notice distinctly to the inhabitants of the same, in some public assembly, or by going or sending from house to house, that at a place and time by him or them limited and set, they meet and assemble themselves together, to elect and choose certain deputies to be at the general court then following, to agitate the affairs of the commonwealth, which said deputies shall be chosen by all that are admitted inhabitants in the several towns, and have taken the oath of fidelity; provided, that none be chosen a deputy for any general court which it not a freeman of this commonwealth: The aforesaid deputy shall be chosen in manner following; every person that is present and qualified, as before expressed, shall bring the names of such, written on several papers, as they desire to have chosen, for that employment; and those three or four, more or less, being the number agreed on to be chosen, for that time, that have the greatest number of papers written for them, shall be deputies for that court; whose names shall be indorsed on the back side of the warrant, and returned into the court with the constable constables hand unto the same. VIII. It is ordered, sentenced, and decr Hartford, and Weathersfield, shall have four of their freemen as their deputies, whatsoever other towns shall be he tion, they shall send so many |