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islands and banks in the Narragansct Bay, and bordering upon the coast of the tract aforesaid* (Fisher's Island only excepted) together with all firm lands, foils, grounds, havens, ports, rivers, waters, fishings, mines royal and all other mines, minerals, precious stones, quarries, woods, wood-grounds, rocks, slates, and all and singular other commodities, jurisdictions, royalties, privileges, franchises, pre-eminencies and hereditaments whatsoever, within the said tract, bounds, lands, and islands aforesaid, to them or any of them belonging, or in anywise appertaining. To have and to hold the same unto the said Governor and Company, and their r successors forever, upon trust, for the use and benefit of themselves, and their associates, freemen of the said Colony, their heirs and assigns. To be holden of us, our heirs and successors, as of the manor of East-Greenwich in our county of Kent, in free and common soccage, and not in capite, nor by knights service. Yielding and paying therefor to us, our heirs and successors, only the fifth part of all the ore of gold and sik ver, which from time to time, and at all times hereafter, sliall be there gotten, had or obtained, in lieu and satisfaction of all services, duties,
fines, forfeitures, made or to be made, claims or demands whatsoever, to be to us, our heirs or successors, therefor or thereabout rendered, made or paid; any grant or clause, in a late grant to the Governor and Company of Connecticut Colony in America, to the contrary thereof in any wise notwithstanding; the aforesaid Pawcatuck river having been yielded after much debate, for the fixed and certain bounds between these our said Colonies, by the Agents thereof; who have also agreed, that the said Pawcatuck river shall also be called alias Narrogancett or Narrogansett river, and to prevent future disputes that otherwise might arise thereby,for ever hereafter shall be construed, deemed and taken to be the Narrogancett river, in our late grant to Connecticut Colony, mentioned as the easterly bounds of that Colony. And further, our will and pleasure is, that in all matters of public controversies, which may fall out between ourColonyof Connecticut andProvidence Plantation, to make their appeal therein to us, our heirs and successors, for redress in suchcafes, within this our realm of England: and that it shall be lawful. to .and for.. the inhabitants of the said Colonyof Providence.Plantation without le.tt or molestation to pass and repafs with freedom dom into and through the rest of the English Colonies upon their lawful and civil occasions, and to converse, and hold commerce, and trade with such of the inhabitants of our other English Colonies, as shall be willing to admit them thereunto, they behaving themselves peaceably among them; any act, clause, or sentence, in any of the said Colonies provided, or that shall be provided, to the contrary in any wise notwithstanding. And lastly, we do fof ns, our heirs and successors, ordain and grant unto the said Governor and Company, and their successors, by these presents, that these our letters patents mall be firm, good, effectual, and available, in all things in the law, to all intents, constructions and purposes whatsoever, according to our true intent and meaning herein before declared; and shall be construed, reputed and adjudged in all cases, most favourably on the behalf, and for the best benefit and behoof of the said Governor and Company, and their successors, although express mention, &c. In witness, &c. witness, &c.
Per Jpsum Regent.
[Since the commencement of hostilities by
Great Britain, the State of Rhode-Island and
'K ProviProvidence Plantations has not assumed a form of government different from that contained in the foregoing Charter. For in that, the King ceded to the Governor and Company, all powers, legislative, executive, and judicial, reserving to himself, as an acknowledgement of his sovereignty, a render of the fifth part of the gold and silver ore that should be found within the territory. The Governor, chief magistrates, and legislators are chosen by the freemen as usual, and all judicial and executive officers are annually elected by the Governor and Company, or Upper and Lower House of Assembly. All processes, original and judicial, formerly issued in the King's name, but they now issue in the name of the Governor and Company. The oaths of allegiance and of office are made conformable to the principles of the Revolution. The Governor, in his legislative capacity, cannot give a negative to any act of the two Houses; but, in common with the other magistrates, has one voice only. The State is divided into five counties, in each of which there is a Court of Common Pleas and General Sessions of the Peace, held twice every year, for the trial of all causes not
capital, capital, that arise within their limits; from which an appeal lies to the superior court of judicature, court of assize and general jail delivery, whose jurisdiction extends over the whole State, and who also sit twice a-year in each county. The Constitution admits not of religious establishments, any sarther than depends upon the voluntary choice of individuals. All men professing one Supreme Being are equally protected by the laws, and no particular sect can claim pre-eminence.