HKB
king acted in his royal capacity, as king of England, which necessarily supposes the territory granted, to be a part of the English dominions, holden of the crown of England.
The charter, after reciting several grants of the territory to sir Henry Roswell and others, proceeds to incorporation in these words: "And for as much as the good and prosperous success of the plantations of the said parts of New England aforesaid, intended by the said sir Henry Roswell and others, to be speedily set upon, cannot but chiefly depend, next under the blessing of almighty God, and the support of our royal authority, upon the good government of the same, to the end that the affairs of business, which from time to time shall happen and arise concerning the said lands and the plantations of the same may be the better managed and ordered, we have further hereby, of our especial grace, certain knowledge and mere motion given, granted and confirmed, and for us, our heirs and successors, do give, grant and confirm unto our said trusty and well beloved subjects, sir Henry Roswell, &c. and all such others as shall hereafter be admitted and made free of the company and society hereafter mentioned, shall from time to time and at all times, forever hereafter, be by virtue of these presents, one body corporate, politic in fact and name by the name of the governor and company of the Massachusetts Bay, in New England; and them by the name of the governor and company of the Massachusetts Bay, in New England, one body politic and corporate in deed, fact and name. We do for us our heirs and successors make, ordain, constitute and confirm by these presents, and that by that name they shall have perpetual succession, and that by that name they and their successors shall be capable and enabled as well to implead and to be impleaded, and to prosecute, demand and answer and be answered unto all and singular suits, causes, quarrels and actions of what kind or nature soever; and also to have, take, possess, acquire and purchase, any lands, tenements and hereditaments, or any goods or chattels, the same to lease, grant, demise, aliene, bargain, sell and dispose of as our liege people of this our realm of England, or any other corporation or body politic of the same may do." I would beg leave to ask one simple question, whether this looks like a distinct state or independent empire? Provision is then made for electing a governor, deputy governor, and eighteen assistants. After which, is this clause: "We do for us, our heirs and successors, give and grant to the said governor and company, and their successors, that the governor or in his absense the deputy governor of the said company, for the time being, and such of the assistants or freemen of the said company as shall be present, or the greater number of them so assembled, whereof the governor or deputy governor and six of the assistants, at the least to be seven, shall have full power and authority to choose, nominate and appoint such and so many others as they shall think fit, and shall be willing to accept the same, to be free of the said company and body, and them into the same to admit and to elect and constitute such officers as they shall think fit and requisite for the ordering, managing and dispatching of the affairs of the said governor and company and their successors, and to make laws and ordinances for the good and welfare of the said company, and for the government and ordering of the said lands and plantations, and the people inhabiting and to inhabit the same, as to them from time to time shall be thought meet: So as such laws and ordinances be not contrary or repugnant to the laws and statutes of this our realm of England."