forth the feveral names and titles, duties, powers and limits, of each court, office and officer, fuperior, and inferior; and alfo, to contrive and appoint fuch forms of oaths and atteftations, not repugnant, but as near as may be agreeable as aforefaid to the laws and ftatutes of this our realm as are convenient and requifite, with refpect to the due adminiftration of justice, and due execution and discharge of all offices and places of truft, by the perfons that fhall be therein concerned, and also to regulate and order the way and manner of all elections to offices and p'aces of truft, and to prescribe, limit, and diltinguish 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 fhall have the power of electing and fending of freemen to the faid general affembly; and alfo to order, direct and authorife the impofing of lawful and reafonable fines, mules, imprisonments, and executing other punishments, pecuniary and corporal, upon offenders and delinquents, according to the course of other corporations, within this our kingdom of England; and again, to alter, revoke, annul or pardon, under their common feal, or otherwise, fuch fines, mulets, imprisonments, 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 religiously, peaceably and civilly governed, as that by their good life, and orderly converfation, they

fame

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,commanding and requiring. and by these presents, for us, our heirs and fucceffors, ordaining and appointing, that all fuch laws, ftatutes, orders, and ordinances, inftructions, impofitions, and directions, as fhall be fo made by the governor, deputy, affiftants and freemen, or fuch number of them as aforefaid, and published in writing under their common feal, fhail 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 patents, or the duplicate or exemplification thereof thall be to all and every fuch officers, fuperior or inferior, from time to time, for the putting of the fame orders, laws, ftatutes, ordi nances, inftructions and directions, in due execution against us, our heirs and fucceffors, a fufficient warrant and discharge. And further, our will and pleasure is, and we do hereby for us, our heirs and fucceffors, establish 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 affiftants of the faid company, and other officers of the faid company, or fuch of them as the general affembly fhall think fit, fhall be in the faid general court or affembly, to be held from that day or time, newly chofen for the year entuing, 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,

and

and affiftants, by these 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, affiftants 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 such officer or officers fo dying or removed, according to their directions. And immediately upon and after fuch election or elections made of fuch governor, deputy-governor, affiftant or affiftants, or any other officer of the faid company, in manner and form aforefaid, the authority, office, and power, before given to the former governor, deputy-governor, and other officer and officers fo removed, in whofe ftead and place new hall be chofen, fhall, as to him and them, and every of them refpec. tively, ceafe and determine: provided always, and our will and pleasure is, That as well fuch as are by thefe prefents appointed to be the prefent governor, deputygovernor, and afliftants of the faid company, as those which shall 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 refpectively, give their folemn engagement by oath or otherwife, for the due and faithful performance of their duties in their feveral offices and places, before fuch perfon or perfons as are by these prefents hereafter appointed to take and receive the fame; (that is to fay) the said Benedict Arnold, who is herein before nominated and appointed the present governor of the faid company, thall 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, fhall give the aforefaid engagement before the faid Benedict Arnold, or any two of the affitants 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 Boulfton, John Porter, Roger Williams, Thomas Olney, John Smith, John Greene, John Coggeshall, James Barker, William Field, and Jofeph Clarke, who are herein nominated and appointed the prefent affiftants of the company, fhall give the said engagement to their offices and places refpectively belonging, be fore the faid Benedict Arnold and William Brenton, or one of them, to whom refpectively we do hereby give full power and authority to require, adminifter or receive the fame. And further, our will and pleafure is, that all and every other future governor, or deputygovernor, to be elected and chofen by virtue of thefe prefents, fhall give the faid engagement before two or more of the faid affiftants

of

of the faid company for the time being, unto whom we do, by these 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 officer's, to be hereafter elected and chofen by virtue of thefe prefents, from, time to time, fhall give the like' engagements to their offices and places refpectively 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 like wife, for us, our heirs and fucceffors, give and grant unto the faid governor and company, and their fucceffors, by these presents, that for the more peaceable and orderly government of the faid plantations, it fhall and may be lawful torthe governor, deputy-governor, affiftants, and all other officers and minifters, of the faid company, in the administration of juftice, and exercife of government, in the faid plantations, to use, exercife, and put in execution, fuch methods, rules, orders, and directions, not being contrary and repugnant to the laws and ftarutes 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, especial provision shall 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 shall and may be lawful to and for the faid governor, or in his abfence the deputy-governor, and

powered

major part of the said assistants 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, conducting, and training up the inhabitants of the faid plantations in martial affairs, and for the defence and safeguard 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 shall be so as aforesaid, 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 company, 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, marshal, array, and put in warlike pofture, the inhabitants of the faid colony, for their efpecial defence and fafety; and to lead and conduct the faid inhabitants, and to encounter, repulse, 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 such cases only as occafion fhall neceffarily require: and to take and furprife, by alt 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 all in hoftile manner invade or attempt the defeating of

the

the faid plantation, or the hurt of the faid company and inhabitants; and upon juft causes 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 law ful for this our faid colony of Rhode-inland and Providence plan tations in America, in New-England, to invade the natives inhahiting 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 In'dians, or any other inhabitants inhabiting within the bounds or limits hereafter mentioned, (they having fubjected 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-ifland and Providence plantation. Also our will and peafure is, and we do hereby declare unto all Chriftian Kings, Princes and States, tn it 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, thail at any time or times hereafter rob or spoil, by sea or land, or do any hurt, or unlawful hoftility, to any of the subjects of us, our heirs and fucceffors, or any of the subje&s 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 State, or their fubjects, we, our heirs and fucceffors, will make open proclamation, within any parts ofour realm

affemblies

of England, fit for that purpose, that the perfon or perfons cominitting 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 said 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 such time fo to be limited, that then we, our heirs and fucceffors, will put fuch perfon or perfons out of our allegiance and protection; and that then it shall 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 exprefs will and pleasure is, and we do by, these prefents, for us, our heirs and fucceffors, ordain and appoint, that thefe prefents fhall not in any manper hinder any of our loving fubjects whatsoever, from ufing and exerciting 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 filh, and to build and fet upon the wafte land belonging to the laid colony and plantations,fuch wharfs. ftages, and work-houtes as fhall be neceflary for the falting, drying and and keeping of their fifh, to be taken or gotten upou that coaft. And further, for the encouragement of the inhabitants of our faid colony of Providence plantation, to let up.

on

on the business of taking whales, it fhall be lawful for them, or any of them, having struck 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 shore, 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 pleased, 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 hoth seeming naturally to concur to the production of wines) or be induftrious in the difcovery of fishing-banks, in or about the faid colony, we will, from time to time, give and allow ail 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 given 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 Inland and Providence plantation in the Narraganfett 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, tranfport, 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 maay of our loving subjects and ftran

tober.

gers, as fhall or will willingly accompany them in and to their faid colony and plantation, except fuch perfon or perfons as are or fhall 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 useful or neceffary for the faid plantations, and defence thereof, and ufually transported, and not prohibited by any law or ftatute of this our realm; yielding and paying unto us, our heirs and fucceffors, fuch the duties, cuftoms and subfidies, as are or ought to be paid or payable for the fame. And further, ourwill and pleasure 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 inhabit within the faid colony, and all and every of their children which have been born there, or going thi ther or returning from thence, hall have and enjoy all liberties and immunities of free and natural fubjects, within any the dominions of us, our heirs or fucceffors, to all in tents, 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 knowledge, and mere motion, have given, granted and confirmed, and by thefe prefents, for us, our heirs and fucceffors, do give, grant and confirm, unto the aid governor and company, and their fucceffors, all that part of our dominions, in New England, in America, containing the Nahantick and Nanhyganfett alias Naragan

fett.