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TITLE:
Rhode Island's King Charles II Charter 1663
DATE:
8 July 1663 (old)
PURPOSE:
Royal establishment of Rhode
Island & Providence Plantations
AUTHORITY:
Charles II
COMMENT:
In progress.
DOCUMENT: CHARLES
THE SECOND, by the grace of God, King of England, Scotland,
France and Ireland, Defender of the Faith, &c., to all to whome
these presents shall come, greeting.
Whereas wee have been informed, by
the humble petition of our trustie and well beloved subject,
John Clarke, on the behalf of Benjamine Arnold, William Brenton,
William Codington, Nicholas Easton, William Boulston, John
Porter, John Smith, Samuell Gorton, John Weeks, Roger Williams,
Thomas Olnie, Gregorie Dexter, John Cogeshall, Joseph Clarke,
Randall Holden, John Greene, John Roome, Samuell Wildbore,
William Ffield, James Barker, Richard Tew, Thomas Harris, and
William Dyre, and the rest of the purchasers and ffree
inhabitants of our island, called Rhode-Island, and the rest of
the colonie of Providence Plantations, in the Narragansett Bay,
in New-England, in America, that they, pursueing, with peaceable
and loyall minces, their sober, serious and religious
intentions, of goalie edifieing themselves, and one another, in
the holie Christian ffaith and worshipp as they were perswaded;
together with the gaineing over and conversione of the poore
ignorant Indian natives, in those partes of America, to the
sincere professione and obedienc of the same ffaith and worship,
did, not onlie by the consent and good encouragement of our
royall progenitors, transport themselves out of this kingdome of
England into America, but alsoe, since their arrivall there,
after their first settlement amongst other our subjects in those
parts, Nor the avoideing of discorde, and those manic evills
which were likely to ensue upon some of those oure subjects not
beinge able to beare, in these remote parties, theire different
apprehensiones in religious concernements, and in pursueance of
the afforesayd ends, did once againe leave theire desireable
stationies and habitationes, and with excessive labour and
travell, hazard and charge, did transplant themselves into the
middest of the Indian natives, who, as wee are informed, are the
most potent princes and people of all that country; where, by
the good Providence of God, from whome the Plantationes have
taken their name, upon theire labour and industrie, they have
not onlie byn preserved to admiration, but have increased and
prospered, and are seized and possessed, by purchase and consent
of the said natives, to their ffull content, of such lands,
islands, rivers, harbours and roades, as are verie convenient,
both for plantationes and alsoe for buildings of shipps, suplye
of pypestaves, and other merchandise; and which lyes verie
commodious, in manic respects, for commerce, and to accommodate
oure southern plantationes, and may much advance the trade of
this oure realme, and greatlie enlarge the territories thereof;
they haveinge, by neare neighbourhoode to and friendlie societie
with the greate bodie of the Narragansett Indians, given them
encouragement, of theire owne accorde, to subject themselves,
theire people and lances, unto us; whereby, as is hoped, there
may, in due tyme, by the blessing of God upon theire endeavours,
bee layd a sure ffoundation of happinesse to all America.
And whereas, in theire humble addresse, they
have ffreely declared, that it is much on their hearts (if they may be
permitted), to hold forth a livlie experiment, that a most flourishing civill
state may stand and best bee maintained, and that among our English subjects.
with a full libertie in religious concernements; and that true pietye rightly
grounded upon gospell principles, will give the best and greatest security to
sovereignetye, and will lay in the hearts of men the strongest obligations to
true loyaltye: Now know bee, that wee beinge willinge to encourage the hopefull
undertakeinge of oure sayd lovall and loveinge subjects, and to secure them in
the free exercise and enjovment of all theire civill and religious rights,
appertaining to them, as our loveing subjects; and to preserve unto them that
libertye, in the true Christian ffaith and worshipp of God, which they have
sought with soe much travaill, and with peaceable myndes, and lovall subjectione
to our royall progenitors and ourselves, to enjoye; and because some of the
people and inhabitants of the same colonie cannot, in theire private opinions,
conforms to the publique exercise of religion, according to the litturgy, formes
and ceremonyes of the Church of England, or take or subscribe the oaths and
articles made and established in that behalfe; and for that the same, by reason
of the remote distances of those places, will (as wee hope) bee noe breach of
the unitie and unifformitie established in this nation: Have therefore thought
ffit, and doe hereby publish, graunt, ordeyne and declare, That our royall will
and pleasure is, that noe person within the sayd colonye, at any tyme hereafter,
shall bee any wise molested, punished, disquieted, or called in question, for
any differences in opinione in matters of religion, and doe not actually disturb
the civill peace of our sayd colony; but that all and everye person and persons
may, from tyme to tyme, and at all tymes hereafter, freelye and fullye have and
enjoye his and theire owne judgments and consciences, in matters of religious
concernments, throughout the tract of lance hereafter mentioned; they behaving
themselves peaceablie and quietlie, and not useing this libertie to
lycentiousnesse and profanenesse, nor to the civill injurye or outward
disturbeance of others; any lawe, statute, or clause, therein contayned, or to
bee contayned, usage or custome of this realme, to the contrary hereof, in any
wise, notwithstanding. And that they may bee in the better capacity to defend
themselves, in theire just rights and libertyes against all the enemies of the
Christian ffaith, and others, in all respects, wee have further thought fit, and
at the humble petition of the persons aforesayd are gratiously pleased to
declare, That they shall have and enjoye the benefist of our late act of
indempnity and ffree pardon, as the rest of our subjects in other our dominions
and territoryes have; and to create and make them a bodye politique or
corporate, with the powers and priviledges hereinafter mentioned.
And accordingely our will and pleasure is, and
of our especiall grace, certaine knowledge, and meere motion, wee have ordeyned,
constituted and declared, and by these presents, for us, our heires and
successors, doe ordeyne, constitute and declare, That they, the sayd William
Brenton, William Codington, Nicholas Easton, Benedict Arnold, William Boulston,
John Porter, Samuell Gorton, John Smith, John Weekes, Roger Williams, Thomas
Olneye, Gregorie Dexter, John Cogeshall, Joseph Clarke, Randall Holden, John
Greene, John Roome, William Dyre, Samuell Wildbore, Richard Tew, William Ffeild,
Thomas Harris, James Barker, Rainsborrow,- Williams, and John Nicksonj and all
such others as now are, or hereafter shall bee admitted and made ffree of the
companv and societie of our collonie of Providence Plantations, in the
Narragansett Bay, in New England, shall bee, from tyme to tyme, and forever
hereafter, a bodie corporate and politique, in fact and name, 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 same name, they and
their successors shall and may have perpetuall succession, and shall and may bee
persons able and capable, in the lawe, to sue and bee sued, to pleade and be
impleaded, to answeare and bee answeared unto, to defend and to be defended, in
all and singular suites, causes, quarrels, matters, actions and thinges, of what
kind or nature soever; and alsoe to have, take, possessej acquire and purchase
lands, tenements or hereditaments, or any goods or chattels, and the same to
lease, graunt, demise, aliene, bargaine, sell and dispose of, at their owne will
and pleasure, as other our liege people of this our realme of England, or anie
corporation or bodie politique within the same, may be lawefully doe: And
further, that they the sayd Governor and Company, and theire successors, shall
and may, forever hereafter, have a common scale, to serve and use for all
matters, causes, thinges and affaires, whatsoever, of them and their successors;
and the same scale to alter, change, breake, and make new, from tyme to tyme, at
their will and pleasure, as they shall thinke bitt.
And farther, wee will and ordeyne, and by these
presents, for us, oure heires and successours, doe declare and apoynt that, for
the better ordering and managing of the adaires and business of the sayd
Company, and theire successours, there shall bee one Governour, one
Deputie-Governour and ten Assistants, to bee from tyme to tyme, constituted,
elected and chosen, out of the freemen of the sayd Company, for the tyme beinge,
in such manner and fforme as is hereafter in these presents expressed; which
sayd officers shall aplye themselves to take care for the best disposeinge and
orderings of the generall businesse and adaires of, and concerneinge the lances
and hereditaments hereinafter mentioned, to be graunted, and the plantation
thereof' and the government of the people there. And for the better execution of
oure royall pleasure herein, wee doe, for us, oure heires and successours,
assign, name, constitute and apoynt the aforesayd Benedict Arnold to bee the
first and present Governor of the sayd Company, and the sayd William Brenton, to
bee the Deputy-Governor, and the sayd William Boulston, John Porter, Roger
Williams, Thomas Olnie, John Smith, John Greene, John Cogeshall, James Barker,
William Ffeild, and Joseph Clarke, to bee the tenn present Assistants of the
sayd Companye, to continue in the sayd severall offices, respectively, untill
the first Wednesday which shall bee in the month of May now next comeing. And
farther, wee will, and by these presents, for us, our heires and successessours,
doe ordeyne and graunt, that the Governor of the sayd Company, for the tyme
being, or, in his absence, by occasion of sicknesse, or otherwise, by his leave
and permission, the Deputy-Governor, Ror the tyme being, shall and may, ffrom
tyme to tyme, upon all occasions, give order Ror the assemblinge of the sayd
Company and callinge them together, to consult and advise of the businesse and
affaires of the sayd Company.
And that forever hereafter, twice in every
year, that is to say, on every first Wednesday in the month of May, and on every
last Wednesday in October, or oftener, in case it shall bee requisite, the
Assistants, and such of the ffreemen of the Company, not exceedings six persons
For Newport, doure persons ffor each of the respective townes of Providence,
Portsmouth and Warwicke, and two persons for each other place, towne or city,
whoe shall bee, from tyme to tyme, thereunto elected or deputed by the majour
parte of the ffreemen of the respective townes or places For which they shall
bee so elected or deputed, shall have a generall meetings or Assembly then and
there to consult, advise and determine, in and about the affaires and businesse
of the said Company and Plantations. And farther, wee doe, of our especiall
grace, certayne knowledge, and meere motion, give and graunt unto the sayd
Governour and Company of the English Colonie of Rhode-lsland and Providence
Plantations, in New-England, in America, and theire successours, that the
Governour, or, in his absence, or, by his permission, the Deputy-Governour of
the sayd Company, for the tyme beinge, the Assistants, and such of the Freemen
of the sayd Company as shall bee soe as aforesayd elected or deputed, or soe
many of them as shall bee present aft such meetinge or assemblye, as aBoresayde,
shall bee called the Generall Assemblye; and that they, or the greatest parte of
them present, whereof the Governour or Deputy-Governour, and sixe of the
Assistants, at least to bee seven, shall have, and have hereby given and
graunted unto them, ffull power authority, Prom tyme tyme, and at all tymes
hereafter, to apoynt, alter and change, such dayes, tymes and places of meetinge
and Generall Assemblye, as theye shall thinke ffitt; and to choose, nominate,
and apoynt, such and soe manye other persons as they shall thinke ffitt, and
shall be willing to accept the same, to bee Free of the sayd Company and body
politique, and them into the same to admits; and to elect and constitute such
offices and officers, and to graunt such needfull commissions, as they shall
thinke Ott and requisite, ffor the ordering, managing and dispatching of the
affaires of the sayd Governour and Company, and their successours; and from tyme
to tyme, to make, ordeyne, constitute or repeal, such lawes statutes, orders and
ordinances, fformes and ceremonies of government and magistracye as to them
shall seeme meete for the good nad wellfare of the sayd Company, and ffor the
government and ordering of the lances and hereditaments, hereinafter mentioned
to be graunted, and of the people that doe, or aft any tyme hereafter shall,
inhabitt or bee within the same; soe as such lawes, ordinances and
constitutiones, soe made, bee not contrary and repugnant unto, butt, as neare as
may bee, agreeable to the lawes of this our realme of England, considering the
nature and constitutions of the place and people there; and alsoe to apoynt,
order and direct, erect and settle, such places and courts of jurisdiction, ffor
the heareinge and determillinge of all actions, cases, matters and things,
happening within the sayd collonie and plantations, and which shall be in
dispute, and depending there, as they shall thinke ffit; and alsoe to
distinguish and sett forth the severall names and titles, duties, powers and
limitts, of each court, office and officer, superior and inferior; and alsoe to
contrive and apoynt such formes of oaths and attestations, not repugnant, but,
as neare as may bee, agreeable, as aforesayd, to the lawes and statutes of this
oure realme, as are conveniente and requisite, with respect to the due
administration of justice, and due execution and discharge of all offices and
places of trust by the persons that shall bee therein concerned; and alsoe to
regulate and order the wave and manner of all elections to offices and places of
trust, and to prescribe, limits and distinguish the numbers and bounces of all
places, townes or cityes, within the limitts and bounds herein after mentioned,
and not herein particularlie named, who have, and shall have, the power of
electing and sending of ffreemen to the sayd Generall Assembly; and alsoe to
order, direct and authorize the imposing of lawfull and reasonable Dynes,
mulcts, imprisonments, and executing other punishments pecuniary and corporal,
upon offenders and delinquents, according to the course of other corporations
within this oure kingdom of England; and agayne to alter, revoke, annull or
pardon, under their common scale or otherwyse, such Dynes, mulcts,
imprisonments, sentences, judgments and condemnations, as shall bee thought Bitt;
and to direct, rule, order and dispose of, all other matters and things, and
particularly that which relates to the makinge of purchases of the native
Indians, as to them shall seeme meete; wherebv oure sayd people and inhabitants,
in the sayd Plantationes, may be soe religiously, peaceably and civilly
governed, as that, by theire good life and orderlie conversations, they may win
and invite the native Indians of the countrie to the knowledge and obedience of
the onlie true God, and Saviour of mankinde; willing, commanding and requireing,
and by these presents, for us, oure heires and successours, ordeyneing and
apoynting, that all such [awes, statutes, orders and ordinances, instructions,
impositions and directiones, as shall bee soe made by the Governour,
deputye-Governour, Assistants and Freemen. Or such number of them as aforesayd,
and published in writinge, under theire common scale, shall bee carefully and
duely observed, kept, performed and putt in execution, accordinge to the true
intent and meaning of the same.
And these our letters patent, or the duplicate
or exemplificationon thereof, shall bee to all and everie such officer,
superiour or inferiour, From tyme to tyme, for the putting of the same orders,
lawes, statutes, ordinances, instructions and directions, in due execution,
against us, oure heires and successours, a sufficient warrant and discharge. And
further, our will and pleasure is, and wee doe hereby, for US, oure heires and
successours, establish and ordeyne, that yearelie, once in the yeare, forever
hereafter, namely, the aforesayd Wednesday in May, and at the towne of Newport,
or elsewhere, if urgent occasion doe require, the Governour, Deputy-Governour
and Assistants of the sayd Company, and other officers of the sayd Company, or
such of them as the Generall Assemblye shall thinke Bitt, shall bee, in the sayd
Generall Court or Assembly to bee held from that daye or tyme, newely chosen for
the year ensuring, by such greater part of the sayd Company, for the tyme beinge,
as shall bee then and there present; and if itt shall happen that the present
Governour, Deputy-Governour and Assistants, bv these presents apoynted, or any
such as shall hereafter be newly chosen into their roomes, or any of them, or
any other the officers of the sayd Company, shall die or bee removed From his or
their severall offices or places, before the sayd generall day of election,
(whom wee doe hereby declare, for any misdemeanour or default, to be removeable
by the Governour, Assistants and Company, or such greater parte of them, in any
of the sayd publique courts, to bee assembled as aforesayd), that then, and in
every such case, it shall and may bee lawfull to and ffor the sayd Governour,
Deputy-Governour, Assistants and Company aforesayde, or such greater parte of
them, soe to bee assembled as is aforesayde, in any theire assemblyes, to
proceede to a new election of one or more of their Company, in the roome or
place, roomes or places, of such officer or officers, soe dyeinge or removed,
according to theire discretiones; and immediately upon and after such elections
or elections made of such Governour, Deputy-Governour or Assistants, or any
other officer of the sayd Company, in manner and forme aforesayde, the
authoritie, office and power, before given to the fformer Governour, Deputy-Governour,
and other officer and officers, soe removed, in whose steade and place new shall
be chosen, shall, as to him and them, and every of them, respectively, cease and
determine:
Provided, allwayes, and our will and pleasure
is, that as well such as are by these presents apoynted to bee the present
Governour, Deputy-Governour and Assistants, of the sayd Company, as those that
shall succeede them, and all other officers to bee apoynted and chosen as
aforesayde, shall, before the undertakeinge the execution of the sayd offices
and places respectively, give theire solemn engagement, by oath, or otherwyse,
for the due and faythfull perfonnance of theire duties in their severall offices
and places, before such person or persons as are by these presents hereafter
apoynted to take and receive the same, that is to say: the sayd Benedict Arnold,
whoa is hereinbefore nominated and apoynted the present Governour of the sayd
Company, shall give the aforesayd engagement before William Brenton, or any two
of the sayd Assistants of the sayd Company; unto whome, wee doe by these
presenter give Bull power and authority to require and receive the same; and the
sayd William Brenton, whoe is hereby before nominated and apoynted the present
DeputyGovernour of the sayd Company, shall give the aforesaved engagement before
the sayd Benedict Arnold, or any two of the Assistants of the sayd Company; unto
whome wee doe by these presents give ffull power and authority to require and
receive the same; and the sayd William Boulston, John Porter, Roger Williams,
Thomas Olneye, John Smith, John Greene, John Cogeshall, James Barker, William
Ffeild, and Joseph Clarke, whoe are hereinbefore nominated apoynted the present
Assistants of the sayd Company, shall give the sayd engagement to theire offices
and places respectively belongeing, before the sayd Benedict Arnold and William
Brenton, or one of them; to whome, respectively wee doe hereby give dull power
and authority to require, administer or receive the same: and further, our will
and pleasure is. that all and every other future Governour or Deputy-Governour,
to bee elected and chosen by vertue of these presents, shall give the sayd
engagement before two or more of the sayd Assistants of the sayd Company ffor
the tyme beinge; unto whome wee doe by these presents give full power and
authority to require, administer or receive the same; and the sayd Assistants,
and every of them, and all and every other officer or officers to bee hereafter
elected and chosen by vertue of these presents, from tyme to tyme, shall give
the like engagements, to their offices and places respectively belonging bofere
the Governour or Deputy-Governour for the tyme being; unto which sayd Governour,
or Deputy-Governour, wee doe by these presents give full power and authority to
require, administer or receive the same accordingly.
And wee doe likewise, for vs, oure heires and
successours, give and graunt vnto the sayd Governour and Company and theire
successours by these presents, that, for the more peaceable and orderly
Government of the sayd Plantations, it shall and may bee lawfull ffor the
Governour, Deputy-Governor, Assistants, and all other officers and ministers of
the sayd Company, in the administration of justice, and exercise of government,
in the sayd Plantations, to vse, exercise, and putt in execution, such methods,
rules, orders and directions, not being contrary or repugnant to the laws and
statutes of this oure realme, as have byn heretofore given, vsed and accustomed,
in such cases respectively, to be putt in practice, untill att the next or some
other Generall Assembly, special provision shall be made and ordeyned in the
cases aforesayd. And wee doe further, for vs. oure heroes and successours, give
and graunt vnto the sayd Governour and Company, and theire successours, by these
presents, that itt shall and may bee lawfull to and for the sayd Governour, or
in his absence, the Deputy-Governour, and majour parte of the sayd Assistants,
for the tyme being, aft any tyme when the sayd Generall Assembly is not sitting,
to nominate, apoynt and constitute, such and soe many commanders, governours,
and military officers, as to them shall seeme requisite, for the leading,
conductinge and travneing vpp the inhabitants of the sayd Plantations in
martiall afiaires, and for the defence and safeguard of the sayd Plantations;
and that itt shall and may bee lawfull to and for all and every such commander,
governour and military officer, that shall bee soe as aforesayd, or by the
Governour. or, in his absence, the Deputy-Governour, and six of the sayd
Assistants, and majour parte of the Freemen of the sayd Company present att any
Generall Assemblies, nominated, apoynted and constituted accordinge to the tenor
of his and theire respective commissions and directions, to assemble, exercise
in arms, martiall array, and putt in warlyke posture, the inhabitants of the
sayd collonie, For theire speciall defence and safety; and to lead and conduct
the sayd inhabitants, and to encounter, expulse, expell and resist, by force of
armes, as well by sea as by lance; and alsoe to kill, slay and destroy, by all
fitting wayes, enterprises and meaner, whatsoever, all and every such person or
persons as shall, aft any tyme hereafter, attempt or enterprize the destruction,
invasion, detriment or annoyance of the sayd inhabitants or Plantations; and to
vse and exercise the lawe martialI in such cases only as occasion shall
necessarily require; and to take or surprise, by all wayes and meanes
whatsoever, all and every such person and persons, with theire shipp or shipps,
armor, ammunition or other goods of such persons, as shall, in hostile manner,
invade or attempt the defeating of the sayd Plantations, or the hurt of the sand
Company and inhabitants; and vpon just causes, to invade and destroy the native
Indians, or other enemyes of the sayd Collony. Neverthelesse, our will and
pleasure is, and wee doe hereby declare to the rest of oure Collonies in New
England, that itt shall not bee lawefull ffor this our sayd Collony of
Rhode-Island and Providence Plantations, in America, in New-England, to invade
the natives inhabiting within the bounces and limitts of theire sayd Collonies
without the knowledge and consent of the sand other Collonies. And itt is hereby
declared, that itt shall not bee lawfull to or ffor the rest of the Collonies to
invade or molest the native Indians, or any other inhabittants, inhabiting
within the bounds and lymitts hereafter mentioned (they having subjected
themselves vnto vs. and being by vs taken into our speciall protection), without
the knowledge and consent of the Governour and Company of our Collony of
Rhode-Island and Providence Plantations.
Alsoe our will and pleasure is, and wee doe
hereby declare unto all Christian Kings, Princes and States, that if any person,
which shall hereafter bee of the sayd Company or Plantations, or any other, by
apoyntment of the sayd Governour and Company for the tyme beinge, shall at any
tyme or tymes hereafter, rob or spoyle, by sea or land, or do any hurt,
unlawfull hostillity to any of the subjects of vs, oure heires or successours,
or any of the subjects of any Prince or State, beinge then in league with vs,
oure heires, or successours, vpon complaint of such injury done to any such
Prince or State, or theire subjects, wee, our hearer and successours, will make
open proclamation within any parts of oure realme of England, ffitt ffor that
purpose, that the person or persons committing any such robbery or spoyle shall,
within the tyme 1ymitted by such proclamation, make full restitution or
satisfaction of all such injuries, done or committed, soe as the sayd Prince, or
others soe complaineinge, may bee fully satisfyed and contented; and if the sayd
person or persons whoe shall commits any such robbery or spoyle shal1 not make
satvsfaction, accordingly, within such tyme, soe to bee lymitted, that then wee,
oure heires and successours, will putt such person or persons out of oure
allegiance and protection; and that then itt shall and may bee lawefull and Tree
ffor all Princes or others to prosecute, with hostillity, such offenders, and
every of them, theire and every of theire procurers, adders, abettors and
counsellors, in that behalfa; Provided alsoe, and oure expresse will and
pleasure is, and wee doe, by these presents, For vs. our heirs and successours,
ordeyne and apoynt, that these presents shall not, in any manner, hinder any of
oure lovinge subjects, whatsoever, ffrom vseing and exercising the trade of
ffishing vpon the coast of New-England, in America; butt that they, and every or
any of them, shall have ffull and ffree power and liberty to continue and vse
the trade of ffishing vpon the sayd coast, in an of the seas thereunto
adjoyninge, or-any armes of the seas, or salt water, rivers and creeks, where
they have been accustomed to ffish; and to build and to sett upon the waste
land, belonginge to the sayd Collony and Plantations, such wharfes, stages and
worke-houses as shall be necessary for the salting, drying and keepeing of
theire dish, to be taken or gotten upon that coast. And ffurther, for the
encouragement of the inhabitants of our sayd Collony of Providence Plantations
to sett vpon the businesse of takeing whales, itt shall bee lawefull For them,
or any of them, having struck whale, dubertus, or other greate ffish, itt or
them, to pursue unto any parte of that coaste, and into any bay, river, cove,
creeke or shoare, belonging thereto, and itt or them, vpon sayd coaste, or in
the sand bay, river, cove, creeke or shoare, belonging thereto, to kill and
order for the best advantage, without molestation, they makeing noe wilfull
waste or spoyle, any thinge in these presents conteyned, or any other matter or
thing, to the contrary notwithstanding. And further alsoe, wee are gratiously
pleased, and doe hereby declare, that if any of the inhabitants of oure sayd
Collony doe sett upon the plantings of vineyards (the soyle and clymate both
seemeing naturally to coneurr to the production of wynes), or bee industrious in
the discovery of ffishing banks, in or about the sayd Collony, wee will, ffrom
tyme to tyme, give and allow all due and fitting encouragement therein, as to
others in cases of tyke nature. And further, of oure more ample grace, certayne
knowledge, and meere motion, wee have given and graunted,. and by these
presents, ffor vs. oure heires and successours, doe Five and graunt vnto the
sayd Governour and Company of the English Collony of Rhode-Island and Providence
Plantations, in the Narragansett Bay, in New-England in America, and to every
inhabitant there, and to every person and persons trading thither, and to every
such person or persons as are or shall bee Tree of the sayd Collony, full power
and authority, from tyme to tyme, and aft all tymes hereafter, to take, shipp,
transport and carry away, out of any of our realmes and dominions for and
towards the plantation and defence of the sayd Collony, such and soe many of
oure loveing subjects and strangers as shalt or will willingly accompany them in
and to their sayd Collony and Plantation; except such person or persons as are
or shall be therein restrained by vs. oureheires and successours, or any law or
statute of this realme: and also to shipp and transport all and all manner of
goods, chattels, merchandises, and other things whatsoever, that are or shall
bee vsefull or necessary ffor the sayd Plantations, and defence thereof, and
vsually transported, and nott prohibited by any lawe or statute of this our
realme; yielding and paying vnto vs. our heires and successours, such the
rluties, customes and subsidies, as are or ought to bee payd or payable for the
same.
And ffurther, our will and pleasure is, and wee
doe, For us, our heires and successours, ordeyn, declare and graunt, vnto the
sayd Governour and Company, and their successours, that all and every the
subjects of vs. our heires and successours, which are already planted and
settled within our sayd Collony of Providence Plantations, or which shall
hereafter Roe to inhabit within the sayd Collony' and all and every of theire
children, which have byn borne there, or which shall happen hereafter to bee
borne there, or on the sea, goeing thither, or retourneing from thence, shall
have and enjoye all libertyes and immunityes of fires and naturall subjects
within any the dominions of vs. our heires or successours, to all intents,
constructions and purposes, whatsoever, as if they, and every of them, were
borne within the realme of England. And ffurther, know ye, that wee, of our more
abundant grace, certain knowledge and meere motion, have given, graunted and
confirmed, and, by these presents, for vs. our heires and successours, doe give,
graunt and confirms, vnto the sayd Governour and Company, and theire successours,
all that parte of Our dominiones in New-England, in America, conteyneing the
Nahantick and Nanhyganset Bay, and countryes and partes adjacent, bounded on the
west, or westerly, to the middle or channel of a river there, commonly called
and known by the name of Pawcatuck, alias Pawcawtuck river, and soe along the
sayd river, as the greater or middle streame thereof reacheth or lyes vpp into
the north countrye, northward, unto the head thereoof, and from thence, by a
streight lyne drawn due north, vntill itt meets with the south lyne of the
Massachusetts Collonie; and on the north, or northerly, by the aforesayd south
or southerly lyne of the Massachusettes Collony or Plantation, and extending
towards the east, or eastwardly, three English miles to the east and north-east
of the most eastern and north-eastern parts of the aforesayd Narragansett Bay,
as the sayd bay lyeth or extendeth itself from the ocean on the south, or
southwardly, vnto the mouth of the river which runneth towards the towne of
Providence, and from thence along the eastwardly side or banke of the sayd river
(higher called by the name of Seacunck river), vp to the ffalls called Patuckett
ffalls, being the most westwardly lyne of Plymouth Collony, and soe from the
sayd Balls, in a streight lyne, due north, untill itt meete with the aforesayd
line of the Massachusetts Collony; and bounded on the south by the ocean: and,
in particular, the lands belonging to the townes of Providence, Pawtuxet,
Warwicke; Misquammacok, alias Pawcatuck, and the rest vpon the maine land in the
tract aforesayd, together with Rhode-Island, Blocke-Island, and all the rest of
the islands and banks in the Narragansett Bay, and bordering vpon the coast of
the tract aforesayd (Ffisher's Island only excepted), together with all firme
lands, soyles, grounds, havens. ports rivers, waters, ffishings, mines royall,
and all other mynes, mineralls, precious stones, quarries, woods, wood-grounds,
rocks' slates, and all and singular other commodities, jurisdictions, royalties,
priviledges, franchises, preheminences and hereditaments, whatsoever, within the
sayd tract, bounds, lances, and islands, aforesayd, or to them or any of them
belonging, or in any wise appertaining: to have and to hold the same, Into the
sayd Governour and Companv, and their successours, forever, vpon trust, for the
vse and benefit of themselves and their associates, ffreemen of the sayd Collony,
their heires and assignas, to be holden of vs. our heires and successours, as of
the Mannor of East-Greenwich, in our county of Kent, in free and comon soccage,
and not in capite, nor by knight service; Wilding and paying therefor, to vs.
our heires and successours, only the Fifth part of all the oare of Fold and
silver which, from tyme to tyme, and att all tymes hereafter, shall bee there
gotten, had or obtained, in lieu and satisfaction of all services, duties,
Dynes, forfeitures, made or to be made, claimes and demands, whatsoever, to bee
to vs. our heires or successours, therefor or thereout rendered, made or paid;
any graunt, or clause in a late graunt, to the Governour and Company of
Connecticutt Colony, in America, to the contrary thereof in any wise
notwithstanding; the aforesavd Pawcatuck river haven byn yielded, after much
debate, for the fixed and certain bounces betweene these our sayd Colonies, by
the agents thereof; w hoe have alsoe agreed, that the sayd Pawcatuck river shall
bee alsoe called alias Norrogansett or Narrogansett river; and to prevent future
disputes, that otherwise might arise thereby, forever hereafter shall bee
construed, deemed and taken to bee the Narragansett river in our late Irrupt to
Connecticutt (colony mentioned as the easterly bounds of that Colony. And
further, our will and pleasure is, that in all matters of publique controversy
which may fall out betweene our Colonv of Providence Plantations, and the rest
of our Colonies in New-England, lit shall and may bee lawfull to and for the
Governour and Company of the sayd Colony of Providence Plantations to make their
appeales therein to vs. our heirs and successours. for redresse in such cases,
within this our realme of England: and that itt shall bee lawfull to and for the
inhabitants of the sayd Colony of Providence Plantations, without let or
molestation, to passe and repasse with freedome, into and thorough the rest of
the English Collonies, vpon their lawfull and civill occasions, and to converse,
and hold commerce and trade, wit: such of the inhabitants of our other English
Collonies as shall bee willing to admits them thereunto, they behaveing
themselves peaceably among them; any act, clause or sentence, in any of the sayd
Collonies provided, or that shall bee provided, to the contrary in anywise
notwithstanding. And lastly, wee doe, for vs. our heires and successours,
ordeyne and graunt vnto the sayd Governor and Company, and their successours,
and by these presents, that these our letters patent shall be firme, good,
effectuall and available in all things in the lawe, to all intents,
constructions and purposes whatsoever, according to our true intent and meaning
hereinbefore declared; and shall bee construed, reputed and adjudged in all
cases most favorably on the behalfe, and for the benefit and behoofe, of the
sayd Governor and Company, and their successours; although empress mention of
the true yearly value or certainty of the premises, or any of them, or of any
other gifts or graunts by vs. or by any of our progenitors or predecessors,
heretofore made to the sayd Governor and Company of the English Colony of
Rhode-Island and Providence Plantations, in the Narragansett Bay, New-England,
in America, in these presents is not made, or any statute, act, ordinance,
provision. proclamation or restriction, heretofore had, made, enacted ordeyned
or provided, or any other matter, cause or thing whatsoever, to the contrary
thereof in anywise notwithstanding; In witnes whereof, wee have caused these our
letters to bee made patent. Witnes our Selfe att Westminster, the eighth day of
July, in the Fifteenth yeare of our reigne.
By the King - HOWARD
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