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Haven received a charter the year before, from the fame

forth the feveral names and titles, duties, powers and limits, of each court, ofhce and officer, fuperior and inferior; and alfo, to contrive and appoint fuch forms of caths and atteftations, not repugnant, but as near as may be agreeable as aforefaid to the laws and ftatutes of this our realin, as are convenient and requifite, with refpect to the due adminiftration of juftice, and due execution and difcharge of all othces and places of truft, by the perfons that thall be therein concerned; and alío to regulate and order the way and manner of all elections to offices, and places of truft, and to preferibe, limit, and diftinguish the number and bounds herein-after-mentioned, and not of all places, towns, and cities, with the limits and bounds, herein particularly named, who have or thall have the power of electing and fending of freeman to the faid general affembly; and alfo to order, direct, and authorife the impofing of lawful and reafonable fiues, mulets, imprisonments, and executing other punishments, pecuniary and corperal, upon offenders and delinquents, according to the courfe of other corporations, within this our kingdom of Eng. land; and again, to alter, revoke, annul or pardon, under their common-feal, or otherwife, fuch fines, mulets, imprifouments, fentences, judgments and condemnations, as fhall be thought fit; and to direct, rule, order and difpofe of all other matters and things, and particularly that which relates to the making of purchases of the native Indians, as to them fhall feem meet; whereby our faid people and inhabitants in the faid plantations, may be fo religioufly, peaceably, and civilly governed, as that by their good life, and orderly com crfution, they

may win and invite the native Indians of the country to the knowledge and obedience of the only true God and Saviour of mankind; willing,comma ding, and requiring, and by thefe prefents, for us, cur heirs and fucceffors, ordaining and appointing, that all fuch laws, ftatutes, orders, and ordinances, inftructions, impofitions, and direc tions, as fhall be fo made by the governor, deputy, afliftants, and freemen, or fuch number of them as aforefaid, and published in wri ting under the common-feal, fhall be carefully and duly observed, kept, performed, and put in execution, according to the true intent and meaning of the fame. And thefe our letters patent, or the duplicate or exemplification thereof, fhall be to all and every fuch officers, fuperior, or inferior, from time to time, for the putting of the fame orders, laws, ftatutes, ordinances, inftructions and directions, in due execution against us, our heirs and fuccefiors, a fufficient warrant and difcharge. And further, our will and pleasure is, and we do hereby for us, our heirs and fucceffors, eftablish and ordain, That yearly, once in the year for ever hereafter, namely, the aforefaid Wednesday in May, and at the town of Newport, or elfewhere, if urgent occafion do require, the governor, deputy-governor, and aflitants of the faid company, and other officers of the faid company, or fuch of them as the General Affembly fhall think fit, fall be in the faid general court or affembly, to be held from that day or time, newly chofen for the year enfuing, by greater part of the faid company for the time being, as fhall be then and there prefent. And if it fhall happen that the prefent governor, deputy-governor,

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fame authority, and much in the fame ftile, and upon

and affiftants, by thefe prefents appointed, or any fuch as fhall hereafter be newly chofen into their rooms, or any of them, or any other the officers of the faid company fhall die, or be removed from his or their feveral offices or places, before the faid general day of election, (whom we do hereby declare for any misdemeanor or default, to be removable by the governor, afiftants and company, or fuch greater part of them, in any of the faid public courts to be affembled, as aforefaid) that then, and in every fuch cafe, it fhall and may be lawful to and for the faid governor, deputy-governor, affiftants, and company aforefaid, or fuch greater part of them, fo to be affembled, as is aforefaid, in any of their affemblies. to proceed to a new election of one or more of their company, in the room or place, rooms or places, of fuch officer or officers, so dying or removed, according to their directions. And immediately upon and after fuch election or elections made of fuch governor, deputy-governor, afliftant or affiftants, or any other officer of the faid company, in manner and form aforefaid, the anthority, office, and power, before given to the former governor, deputy-governor, and other officer and officers fo removed, in whofe ftead and place new shall be chofen, fhall, as to him and them, and every of them refpectively, ceafe and determine: provided always, and our will and pleafure is, That as well fuch as are by thefe prefents appointed to be the prefent governor, deputygovernor, and aflitants of the faid company, as thofe which fall fucceed them, and all other officers to be appointed and chofen as aforefaid, fhall before the undertaking the execution of the faid of

the

fices and places respectively, give their folenin engagement by oath or otherwife, for the due and faithful performance of their duties in their feveral offices and places, before fuch perfon or perfous as are by thefe prefents hereafter appointed to take and receive the fame; (that is to fay) the faid Benedict Arnold, who is herein before nominated and appointed the prefent governor of the faid company, fhall give the aforefaid engagement before William Brenton, or any two of the faid affiftants of the faid company, unto whom we do, by thefe prefents, give full power and authority to require and receive the fame; and the faid William Brenton, who is hereby before nominated and appointed the prefent deputy-governor of the faid company, thall give the aforefaid engagement before the faid Benedict Arnold, or any two of the afliftants of the faid company, unto whom we do, by thefe prefents, give full power and authority to require and receive the fame; and the faid William Poulfton, John Porter, Roger Williams, Thomas Olney, John Smith, John Greene, Joln Coggeshall, James Barker, William Field, and Jofeph Clarke, who are herem nominated and appointed the prefent affiftants of the company, fhall give the faid engagement to their ( fices and places respectively belonging, before the faid Fenedict Arnold and William Prenton, or one of them, to whom refpectively we do hereby give full power and authority to require, adminifter, or receive the fare. And further, our will and pleasure is, that ail and every other future governor, or deprtygovernor, to be elected and chofen by virtue of thefe prefents, fall give the feid engagement before two or more of the faid affiftants

the fame principles. This Colony is by its charter em

of the faid company for the time being, unto whom we do by thefe prefents, give full power and authority to require, adminifter, or receive the fame; and the faid affiftants, and every of them, and all and every other officer or officers, to be hereafter elected and chofen by virtue of thefe prefents, from time to time, fhall give the like engagement to their offices and places respectively belonging, before the governor, or deputy-governor, for the time being; unto which faid governor, or deputy-governor, we do by thefe prefents give full power and authority to require, adminifter, or receive the fame accordingly. And we do Jikewife, for us, our heirs, and fucceffors, give and grant unto the faid governor and company, and their fucceffors, by thefe prefents, that for the more peaceable and orderly government of the faid plantations, it fhall and may be lawful to the governor, deputy governor, affitants, and all other officers and minifters of the faid company, in the administration of juftice, and exercife of government, in the faid plantations, to ufe, exercife, and put in execution, fuch methods, rules, orders, and directions, not being contrary and repugnant to the Jaws and ftatutes of this our realm, as has been heretofore given, used, and accustomed in fuch cafes refpectively, to be put in practice, until at the next, or fome other general affembly, efpecial provifion fhall be made and ordained in the cafes aforefaid. And we do further, for us, our heirs and fucceffors give and grant unto the faid governor and company, and their fucceffors, by thefe prefents, that it fhall and may be lawful to and for the faid governor, or in his abfence the deputy-governor, and

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major part of the faid affiftants for the time being, at any time when the faid general affembly is not fitting, to nominate, appoint, and conftitute fuch and fo many commanders, governors, and military officers, as to them fhall feem requifite, for the leading, conduct ing and training up the inhabitants of the faid plantations in martial affairs, and for the defence and fafe-guard of the faid plantations; and that it fhall and may be lawful to and for all and every fuch commander, governor, and military officer, that fhall be fo as aforefaid, or by the governor, or in his abfence the deputy-governor, and fix of the affiftants, and major part of the freemen of the faid county, prefent at any general affemblies, nominated, appointed and conftituted, according to the tenor of his and their respective commiffions and directions, to affemble, exercife in arms, marfhal, array, and put in warlike pofture, the inhabi tants of the faid colony, for their efpecial defence and fafety, and to lead and conduct the faid inhabitants, and to encounter, repulfe, and refift by force of arms, as well by fea as by land, and alfo to kill, flay and deftroy, by all fitting ways, enterprizes, and means whatfoever, all and every fuch perfon or perfons, as fhall at any time hereafter attempt or enterprize the destruction, invafion, detriment, or annoyance of the faid inhabitants or plantations; and to ufe and exercife the law martial, in fuch cafes only as occafion fhall neceffarily require: and to take and furprise, by all ways and means whatsoever, all and every fuch perfon and perfons, with their fhip or fhips, armour, ammunition, or other goods of fuch perfons as fhall in hoftile manner invade or attempt the defeating of

the

powered to chufe its own governor, and to hold two

the faid plantation, or the hurt of the faid company and inhabitants; and upon juft caufes to invade and deftroy the natives, Indians, or other enemies of the faid colony. Nevertheless, our will and pleafure is, and we do hereby declare to the rest of our colonies in NewEngland, that it fhall not be lawful for this our faid colony of Rhode Island, and Providence plantations in New-England, in America, to invade the natives inhabiting within the bounds and limits of their faid colonies, without the knowledge and confent of the faid other colonies. And it is hereby declared, that it fhall not be lawful to or for the rest of the colonies to invade or moleft the native Indians, or any other inhabitants inhabiting within the bounds or limits hereafter mentioned, (they having subjected themselves unto us, and being by us taken into our fpecial protection) without the knowledge and confent of the governor and company of our colony of Rhode Island and Providence plantation. Alfo our will and pleasure is, and we do hereby declare unto all Chriftian Kings, Princes and States, that if any perfon, which shall hereafter be of the faid company or plantation, or any other by appointment of the faid governor and company, for the time being, fhall at any time or times hereafter rob or fpoil by fea or land or do any hurt or unlawful hoftility, to any of the fubjects of us, our heirs and fucceffors, or any of the fubjects of any prince or ftate, being then in a league with us, our heirs and fucceffors; upon complaint of fuch injury done to any fuch prince or ftate, or their fubjects, we, our heirs, and fucçeffors, will make open proclamation, within any parts of our realm

affemblies

of England, fit for that purpose, that the perfon or perfons committing any fuch robbery or spoil, fhall within the time limited by fuch proclamation, make full reftitution or fatisfaction of all fuch injuries done or committed, fo as the faid prince, or others fo complaining, may be fully fatisfied and 'contented; and if the faid perfon or perfons, who fhall commit any fuch robbery or fpoil, fhall not make fatisfaction accordingly, within fuch time fo to be limited, and then we, our heirs and fucceffors, will put fuch perfon or perfons out of our allegiance and protection; and that then it fhall and may be lawful and free for all princes or others, to profecute with hoftility fuch offenders, and every of them, their and every of their procurers, aiders, abbettors, and counsellors, in that behalf. Provided alfo, and our express will and pleasure is, and we do by these prefents, for us, our heirs and fucceffors, ordain and appoint, that these presents fhall not in any manner hinder any of our loving fub jects whatfoever, from ufing and exercifing the trade of fishing upon the coaft of New-England, in Ame rica, but that they, and every or any of them, fhall have full and free power and liberty to continue and ufe the trade of fishing upon the faid coaft, in any of the feas thereunto adjoining, or any arms of the fea, or falt-water, rivers and creeks, where they have been accustomed to fish, and to build and fet upon the wafte land belonging to the faid colony and plantations, fuch wharfs, ftages, and work-houfes as shall be neceffary for the falting, drying and keeping of their fish, to be taken or gotten upon that coaft. And further, for the encouragement of the inhabitants of our faid colony of Providence plantation, to set up

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affemblies in the year, in the months of May and October,

on the business of taking whales, it fhall be lawful for them, or any of them having ftruck a whale, dubertus, or other great fish, it or them to purfue unto that coaft, and into any bay, river, cove, creek or fhore, belonging thereto, and it or them, upon the faid coaft, or in the faid bay, river, cove, creek or fhore, belonging thereto, to kill and order for the beft advantage without moleftation, they making no wilful wafte or fpoil; any thing in thefe prefents contained, or any other matter or thing to the contrary notwithstanding. And further alfo we are graciously pleafed, and do hereby declare, that if any of the inhabitants of our faid colony do fet upon the planting of vineyards, (the foil and climate both feeming naturally to concur to the production of wines) or be induftrious in the discovery of fishing-banks, in or about the faid colony, we will, from time to time, give and allow all due and fitting encouragement therein, as to others in cafes of like nature. And further of our more ample grace, certain knowledge, and mere motion, we have give and granted, and by thefe prefents, for us, our heirs and fucceffors, do give and grant, unto the faid governor and company of the English colony of Rhode Iland and Providence plantation in the Narragansett bay in New-England, in America, and to every inhabitant there, and to every perfon and perfons trading thither, and to every fuch perfon or perfons as are or fhall be free of the faid colony, full, power and authority, from time to time, and at all times hereafter, to take, fhip, tranf port, and carry away, out of any of our realms and dominions, for and towards the plantation and defence of the faid colony, fuch and fo many of our loving fubjects and ftran

gers, as fhall or will willingly accompany them in and to their faid colony and plantation, except fuch perfon or perfons as are or thall be therein reftrained by us, our heirs and fucceffors, or any law or ftatute of this realm; and alfo to fhip and transport all and all manner of goods, chattels, merchandize, and other things whatsoever, that are or fhall be ufeful or neceffary for the faid plantations, and defence thereof, and ufually tranfported, and not prohibited by any law or ftatute of this our realm; yeilding and paying unto us, our heirs and fucceffors, uch the duties, cuftoms and fubfidies, as are or ought to be paid or payable for the fame. And further, our will and pleafure is, and we do, for us, our heirs and fucceffors, ordain, declare, and grant unto the faid governor and company, and their fucceffors, which are already planted and fettled within our faid colony of Providence plantations, or which fhall hereafter go to inha bit within the faid colony, and all and every of their children, which have been born there, or going thi ther or returning from thence, fhall have and enjoy all liberties and im munities of free and natural fubjects, within any the dominions of us, our heirs or fucceflors, to all intents, conftructions, and purpofes whatfoever, as if they and every of them were born within the realm of England. And further know ye, that we, of our more abundant grace, certain know ledge, and mere motion, have given, granted and confirmed, and by these prefents, for us, our heirs and fucceffors, do give, grant and confirm, unto the faid governor and company, and their fucceffors, all that part of our dominions, in New England, in America, containing the Nahantick and Nanhyganfett, alias Naragall,

fett

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