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fucir as will not give liberty to others. Rhode Ifland was formed into a dictinct government by a charter granted in the fifteenth of King Charles the feeond. This charter gives to the inhabitants of this colony free liberty for the exercife of their religion, and makes Rhode Island a corporation politic, in name and fact, by the name of the governor, and company of the English colony of Rhode Island and Providence plantations, in New England, in America; and that by the fame name they and their fucceffors fhall and may have perpetual fucceffion, and fhall and may be perfons capable in law to fuc and plead for all their just privileges. The governor and company were

* RHODE ISLAND CHARTER. Charles the fecond, by the grace of God, &c. To all to whom thefe prefents fhall come, greeting. Whereas we have been informed by the humble petition of our trufty and well beloved fubjects, John Clarke, on the behalf of Benjamin Arnold, William Brenton, Wilham Codington, Nicholas Eaton, Williain Boulton, John Porter, John Sinith, Samuel Gorton, John Weekes, Roger Williams, Thomas Olney, Gregory Dexter, John Cogethall, Jofeph Clarke, Randall Houlden, John Greene, John Roome, Samuel Wildbore, William Field, James Barker, Richard Tew, Thomas Harris, and William Dyre, and the reft of the purchafers, and free inhabitants of our ifland called Rhode Island, and the rest of the colony of Providence Plantations, in the Naraganfet bay, in New England in America, That they, purting with peace and loyal minds, their fober, ferious, and religious intentions, of gouly edifying themfelves, and one another in the holy Chriftian faith and wor. fhip as they were perfuaded, together with the gaining over and convertion of the poor ignorant Indian natives, in thofe parts of America, to the fincers profeffion and oby

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dience of the fame faith and worhip, did not only by the confent and good encouragement of our royal progenitors, tranfport themfelves out of this kingdom of England into America; bút also fince their arrival there, after their first fettlement amongst other our fubjects in thofe parts, for avoiding of difcord, and thofe many evils which were likely to enfue upon those our fubjects, not being able to bear in thole remote parts their different apprehenfions in religious concernments; and in pursuance of the aforefaid ends, did once again leave their desirable stations and habitations, and with exceffive labour and travel, hazard and charge, did tranfplant themselves into the midst of the Indian natives who, as we are informed, are the most potent princes and people of all that country; whereby the good providence of God (from whom the plantations have taken their name) upon their labour and induftry, they have not only been preferved to admiration, but have increated and prospered, and are feized and poffefied, by purchate and confent of the said natives, to their full content, of fuch lands, islands, rivers, harbours, and roads as are very convenient both for plantations,

4. D. $77.

THE WAR IN AMERICA.

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to have a common feal, and the governor might af femble the company as often as he pleased. The governor, by the charter, was to be elected annually by the general affembly in the month of May, and every accidental vacancy, by death, or otherwise, was to be filled up by the affembly. The governor and deputygovernor were to take an oath for the due and faithful performance of their duty, and all other inferior officers were to govern the colony, according to the laws that were then in being and in ufe, as far as they

and alfo for building of ships, fupply of pipeftaves, and other merchandize, and which lies very commodious in many refpects for commerce, and to accommodate our fouthern plantations, and may much advance the trade of this our realm, and greatly enlarge the the territories thereof, they having, by near neighbourhood to, and friendly fociety with, the great body of the Narraganfet Indians, giyen them encouragement, of their own accord, to fubje& themselves, their people and lands, unto us; whereby (as is hoped) there may, in time, by the blefling of God upon their endeavours, he laid a fire foundation of happiness to all America. And whereas, in their humble addrefs, they have freely declared, That it is much on their hearts (if they be permitted) to hold forth a lively experiment, that a most flourishing civil ftate may ftand, and best be maintained, and that among our English febjects, with a full liberty in religious concernments, and that true piety, rightly grounded upon gospel principles, will give the belt and greatcf security to fovereignty, and will lay in the hearts of men the ftrongeft obligations to true loyalty: now know ye, That we being willing to encourage the hopeful undertaking of our aid loyal and loving fub

were

jects, and to fecure them in the free exercife and enjoyment of all their civil and religious rights appertaining to them as our loving fubjects; and to preferve unto them that liberty in the true Chriftian faith and worship of God, which they have fought with fo much travel, and with peaceable minds and loyal fubjection to our royal progenitors, and ourselves, to en joy: and because fome of the people and inhabitants of the fame colony cannot, in their private opinion, according to the liturgy, form, and ceremonies of the church of England, or take or fubfcribe the oaths and articles made and eftablished in that behalf; and for that the fame, by reafon of the remote diftances of thofe places, will, as we hope, be no breach of the uni ty and uniformity established in this nation, have therefore thought fit, and do hereby publish, grant, ordain, and declare, that our royal will and pleafure is, That no perfon within the faid colony, at any time hereafter, fhall be any-wife molefted, punished, difquieted, or called in queflion, for any differences in opinion in matters of religion, and do not actually disturb the civil all and every person and perfons peace of our faid colony; but that may, from time to time, and at all times hereafter, freely and fully

were not contrary to the laws of England. When the affembly was not fitting to arm the people, and lead them forth to war against any enemy that came against them. The right to the foil is held in the fame manner as that of Maffachusetts bay, and upon the fame tenure, as is manifeft from the charter. In cafe of doubtful or perplexed controverfies, an appeal was to be made to the King as the dernier refort.

The reader will judge for himself, whether the legislature of Britain has any right to make laws for

have and enjoy his and their own judgments and confciences, in matters of religious concernments, throughout the tract of land hereafter mentioned, they behaving themselves peaceably and quietly, and not using this liberty to licentioufnefs and profanenefs, not to the civil injury or outward dif. turbance of others, any law, ftatute or claufe therein contained,, or to be contained, ufage or custom of this realm, to the contraryhereof, in any wise notwithstanding. And that they may be in the better capacity to defend themselves in their juft rights and liberties against all the enemies of the Chriftian faith, and others, in all refpects, we have further thought fit, and at the humble petition of the perfons aforefaid, are gracioufly pleafed to declare, That they fhall have and enjoy the benefit of our late act of indemnity, and free pardon, as the reft of our subjects in other our dominions and territories have; and to create and make them a body politic or corporate, with the powers or privileges herein after mentioned; and accordingly, our will and pleasure is, and our efpecial grace, certain knowledge, and mere motion, we have ordained, constituted, and declared, and by thefe prefents, for us, our heirs and

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fucceffors, do ordain, conftitute, and declare, That they the faid William Brenton, William Codington, Nicholas Eafton, Benedict Arnold, William Boulton, John Porter, Samuel Gorton, John Smith, John Weekes, Roger Williams, Thomas Olney, Gregory Dexte, John Cogefhall, Jofeph Clarke, Randall Houlden, John Greene, John Roome, William Dyre, Samuel Wildbore, Richard Tew, William Field, Thomas Harris, James Barker, — Rainf borrow,

Williams, and John Nickson, and all fuch others as are now, or hereafter hall be admitted, free of the company and fociety of our colony of Providence Plantations, in the Narraganfet bay, in New England, fhall be, from time to time, and for ever hereafter, a body corporate and politic, in fact and name, by the name of the Governor and company of the Englifh colony of Rhode Island, and Providence Plantations, in New England, in America; and that by the fame name they and their fucceffors fhall and may have peipetual fucceffion, and fhall and may be perfons able and capable in the law to fue and be fued, to plead and be impleaded, to answer and to be answered unto, to defend and to be defended, in all and fing

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this colony, according to the language of their charter; or whether at that time it was understood that the fovereign had as good a right to make that people free, as he has to make free men in England. If the right to the foil was in the King, then undoubtedly it was given away upon the condition of that charter. If he had no fuch right, then the right of the colony is good for nothing. But this was not the idea of either the King or parliament, or the colcnifts at the time the charter was granted.

gular fuits, caufes quarrels, matters, actions, and things of what kind or nature foever; and a fo to have, take,poffefs, acquire, and purchafe lands, tenements, or hereditaments, or any goods or chattels, and the fame to leafe, grant, demile, alien, bargain, fell and difpofe of, at their own will and pleasure, as other our liege people of this our realm of England, or any corporation or body politic within the fame, may lawfully do; and further, That they the faid Governor and Company, and their fucceffors, fhall and may, for ever hereafter, have a common feal, to ferve and ufe for all matters, caufes, things, and affairs whatfoever, of them and their fucceffors, and the fame feal to alter, change, break, and make new from time to time, at their will and plea fure, as they fhall think fit. And further, we will and ordain, and by these prefents, for us, our heirs and fucceffors, do declare and appoint, That for the better ordering and managing of the affairs and business of the aid company and their fucceffors, there fhall be one governor, one deputy governor, and ten affiftants, to be from time to time conft tuted, elected, and chofen out of the freemen of the faid company, for the time being, in fuch mainer and form as is

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hereafter in these presents expres fed; which faid officers shall apply themselves to take care for the best difpofing and ordering of the general bufinefs and affairs of and concerning the lands and hereditamenta herein afterm ntioned to be granted, and the plantation thereof, and the government of the people there. And for the better execution of our royal pleasure herein, we do for us, our heirs and fucceffors, aflign' name, conftitute, and appoint, the afc refaid Benedict Arnold to be the firft and prefent governor, of the faid company and the faid William Boulton, John Porter, Roger Williams, Thomas Olney, John Smith, John Greene, John Cogefhall, James Barker, William Field, and Jofeph Clarke, to be the ten prefent afitants of the faid company, to continue in the faid feveral offices refpectively, until the first Wednesday which fhall be in the month of May now next coming. And further, we will, and by there prefents, for us, our heirs and fucceffors, do ordain and grant, That the governor of the faid company, for the time being, or in his as fence, by occafion of fickness, or otherwife, by his leave or permiffion, the deputy-governor, for the time being, fhall and may, from time to time, upon all occafions, give order for the affembling of the

The colony of Connecticut, comprehending New Haven

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faid company, and calling them
together to confult and advife of
the business and affairs of the faid
company; and that for ever here-
after, twice in every year, that is
to say, on every firft Wednef-
day in the month of May,
and on every last Wednesday
in October, or oftener, in cafe
it fhall be requifite, the affiftants,
and fuch of the freemen of the faid
company, not exceeding fix per-
fons for Newport, four perfons for
each of the refpective towns of
Providence, Portfinouth, and War-
wick, and two perfons for each o-
ther place, town, or city, who fhall
be from time to time thereunto
elected or deputed by the major
part of the freemen of the refpec-
tive places, towns, or places for
which they fhall be fo elected or
deputed, fhall have a general meet-
ing or affembly, then, and there to
confult, advife and determine, in
and about the affairs and bufinefs
of the faid company and planta-
tions. And further, we do of our
efpecial grace, certain knowledge,
and mere motion, give and grant
unto the faid governor and com-
pany of the English colony of
Rhode Island and Providence pian-
tations, in New England, in Âme-
rica, and their fucceflors; That the
governor, or in his abfence, or by
his permiffion, the deputy-governor
of the faid company, for the time
being, the affiftants, and fuch of the
freemen of the faid company as
hall be fo aforefaid elected or de-
puted, or fo many of them as fhall
be prefent at fuch meeting or af
fembly, as aforefaid, fhall be called
the General Affembly; and that
they, or the greatest part of
thein prefent, whereof the gover-
1or, and fix of the afliftants, at
leaft, to be feven, fhall have, and

have hereby given and granted unto them, full power and authority, from time to time, and at all times hereafter, to appoint, alter, and change fuch days, times, and places of meeting, and general affembly, as they thall think fit, and to chuf nominate, and appoint, fuch and fo many perfons as they think fit, and fhall be willing to accept the fame, to be free of the faid company and body politic, and them into the fame to admit, and to elect, and conftitute fuch offices and officers, and to grant fuch needful conn.itions as they fhall think fit and requifite, for ordering, managing, and dispatching of the affairs of the faid governor and company, and their fucceflors; and, from time to time, to make, ordain, conftitute, or repeal, fuch laws, ftatutes, orders and ordinances, forms and ceremonies of government and magiftracy, as to them fhall feem meet, for the good and welfare of the faid company, and for the government and ordering of the lands and

hereditaments herein after mentioned to be granted, and of the people that do, or at any time hereafter fhall inhabit, or be within the fame; fo as fuch laws, ordinances, and conftitutions, fo made,, be not contrary and repugnant unto, but, as near as may, he agreeable to the laws of this our realm of England, confidering the and conftitution of the nature place and people there; and alto, to appoint, order, and direct, erect and fettle fuch places and courts of jurifdiction, for hearing and determining of all actions, cafes, matters and things, happening within the faid colony and plantation, and which fhall be in difpute, and depending there, as they fhall think fit; and alfo to diftinguish and let

forth

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