THE CHARTER (AND ORGINAL CONSTITUTION) OF RHODE ISLAND 1663 |
Rhode Island Royal Charter of 1663 Charles the Second, by the Grace of God, King of England, Scotland,
France and Ireland, Defender of the Faith etc. To All to whom these
presents shall come, greeting. Whereas, we have been informed, by the
humble petition of our trusty and well-beloved subject, John Clarke, on
the behalf of Benjamin Arnold, William Brenton, William Codington,
Nicholas Easton, William Boulston, John Porter, John Smith, Samuel
Gorton, John Weekes, Roger Williams, Thomas Olney, Gregory Dexter, John
Cogeshall, Joseph Clarke, Randall Holden, John Greene, John Roome,
Samuel Wildbore, William Field, James Barker, Richard Tew, Thomas
Harris, and William Dyre, and the rest of the purchasers and free
inhabitants of our island, called Rhode Island, and the rest of the
colony of Providence Plantations, in the Narragansett Bay, in New
England, in America, that they, pursuing, with peaceable and loyal
minds, their sober, serious, and religious intentions, of godly edifying
themselves, and one another, in the holy Christian faith and worship, as
they were persuaded; together with the gaining over and conversion of
the poor ignorant Indian natives, in those parts of America, to the
sincere profession and obedience of the same faith and worship, did, not
only by the consent and good encouragement of our royal progenitors,
transport themselves out of this kingdom of England into America, but
also, since their arrival there, after their first settlement amongst
other our subjects in those parts, for the avoiding of discord, and
those many evils which were likely to ensue upon some of those our
subjects not being able to bear, in these remote parts, their different
apprehensions in religious concernments, and in pursuance of the
aforesaid ends, did once again leave their desirable stations and
habitations, and with excessive labor and travel, hazard and charge did
transplant themselves into the midst of the Indian natives, who as we
are informed, are the most potent princes and people of all that country
where; by the good Providence of God, from whom the Plantations have
taken their name, upon their labor and industry, they have not only been
preserved to admiration, but have increased and prospered, and are
seized and possessed, by purchase and consent of the said natives, to
their full content, of such lands, islands, rivers, harbors and roads,
as are very convenient, both for plantations, and also for building of
ships, supply of pipe-staves, and other merchandize and which lies very
commodious, in many respects, for commerce, and to accommodate our
southern plantations, and may much advance the trade of this our realm,
and greatly enlarge the territories thereof they having by near
neighborhood to and friendly society with the great body of the
Narragansett Indians, given them encouragement of their own accord, to
subject themselves, their people and lands, unto us whereby, as is
hoped, there may, in time, by the blessing of God upon their endeavors
be laid a sure foundation of happiness to all America. And whereas, in
their humble address, they have freely declared, that it is much on
their hearts (if they may be permitted) to hold forth a lively
experiment, that a most flourishing civil state may stand and best be
maintained, and that among our English subjects, with a full liberty in
religious concernments and that true piety rightly grounded upon gospel
principles, will give the best and greatest security to sovereignty, and
will lay in the hearts of men the strongest obligations to true loyalty.
Now, know ye, that we, being willing to encourage the hopeful
undertaking of our said loyal and loving subjects, and to secure them in
the free exercise and enjoyment of all their civil and religious rights,
appertaining to them, as our loving subjects and to preserve unto them
that liberty, in the true Christian faith and worship of God, which they
have sought with so much travail, and with peaceable minds, and loyal
subjection to our royal progenitors and ourselves, to enjoy; and because
some of the people and inhabitants of the same colony cannot, in their
private opinions, conform to the public exercise of religion, according
to the liturgy, forms and ceremonies of the Church of England, or take
or subscribe the oaths and articles made and established in that behalf;
and for that the same, by reason of the remote distances of those
places, will (as we hope) be no breach of the unity and uniformity
established in this nation: Have therefore thought fit, and do hereby
publish, grant, ordain and declare, that our royal will and pleasure is,
that no person within the said colony, at any time hereafter shall be
any wise molested, punished, disquieted, or called in question, for any
differences in opinion in matters of religion, and do not actually
disturb the civil peace of our said colony; but that all and every
person and persons may, from time to time, and at all times hereafter,
freely and fully have and enjoy his and their own judgments and
consciences, in matters of religious concernments, throughout the tract
of land hereafter mentioned, they behaving themselves peaceably and
quietly, and not using this liberty to licentiousness and profaneness,
nor to the civil injury or outward disturbance of others, any law,
statute, or clause therein contained, or to be contained, usage or
custom of this realm, to the contrary hereof, in any wise
notwithstanding. And that they may be in the better capacity to defend
themselves, in their just rights and liberties, against all the enemies
of the Christian faith, and others, in all respects, we have further
thought fit, and at the humble petition of the persons aforesaid are
graciously pleased to declare, That they shall have and enjoy the
benefit of our late act of indemnity and free pardon, as the rest of our
subjects in other our dominions and territories have; and to create and
make them a body politic or corporate, with the powers and privileges
hereinafter mentioned. And accordingly our will and pleasure is, and of
our especial grace, certain knowledge, and mere motion, we have
ordained, constituted and declared, and by these presents, for us, our
heirs and successors, do ordain, constitute and declare: That they the
said William Brenton, William Codington, Nicholas Easton, Benedict
Arnold, William Boulston, John Porter, Samuel Gorton, John Smith, John
Weekes, Roger Williams, Thomas Olney, Gregory Dexter, John Cogeshall,
Joseph Clarke, Randall Holden, John Greene, John Roome, William Dyre,
Samuel Wildbore, Richard Tew, William Field, Thomas Harris, James
Barker, (missing) Rainsborrow, (missing) Williams, and John Nickson, and
all such others as now are, or hereafter shall be, admitted and made
free of the company and society of our colony of Providence Plantations,
in the Narragansett Bay, in New England, shall be, from time to time,
and forever hereafter, a body corporate and politic, 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 perpetual
succession, and shall and may be persons able and capable, in the law,
to sue and be sued, to plead and be impleaded, to answer, and be
answered unto, to defend and to be defended, in all and singular suits,
causes, quarrels, matters, actions and things, of what kind or nature so
ever; and also to have, take, possess, acquire, and purchase lands,
tenements or hereditaments, or any goods or chattels, and the same to
lease, grant, demise, aliene, bargain, sell and dispose 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 same, may
lawfully do. And further, that they the said Governor and Company, and
their successors, shall and may, forever hereafter have a common seal,
to serve and use for all matters, causes, things, and affairs,
whatsoever, of them, and their successors; and the same seal to alter,
change, break, and make new, from time to time, at their will and
pleasure, as they shall think fit. And further, we will and ordain, and
by these presents, for us, our heirs, and successors, do declare and
appoint that, for the better ordering and managing of the affairs and
business of the said Company, and their successors, there shall be one
Governor, one Deputy-Governor and ten Assistants, to be from time to
time, constituted, elected and chosen, out of the freemen of the said
Company, for the time being, in such manner and form as is hereafter in
these presents expressed, which said officers shall apply themselves to
take care for the best disposing and ordering of the general business
and affairs of and concerning the lands, and hereditaments hereinafter
mentioned 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 successors, assign, name,
constitute, and appoint the aforesaid Benedict Arnold to be the first
and present Governor of the said Company and the said William Brenton to
be the Deputy-Governor, and the said William Boulston, John Porter,
Roger Williams, Thomas Olney, John Smith, John Greene, John Cogeshall,
James Barker, William Field and Joseph Clarke, to be the ten present
Assistants of the said Company, to continue in the said several offices,
respectively, until the first Wednesday which shall be in the month of
May now next coming. And further, we will, and by these presents, for
us, our heirs, and successors, do ordain and grant that the Governor of
the said Company, for the time being, or, in his absence, by occasion of
sickness or otherwise, by his leave and permission, the Deputy-Governor,
for the time being, shall and may, from time to time, upon all
occasions, give order for the assembling of the said Company, and
calling them together, to consult and advise of the business and affairs
of the said 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 be
requisite, the Assistants and such of the freemen of the said Company,
not exceeding six persons for Newport, four persons for each of the
respective towns of Providence, Portsmouth and Warwick, and two persons
for each other place, town or city, who shall be from time to time,
thereunto elected or deputed by the major part of the freemen of the
respective towns or places for which they shall be so elected or
deputed, shall have a general meeting or assembly, then and there to
consult, advise and determine in and about the affairs and business of
the said Company and Plantations. And, further, we do, of our especial
grace, certain knowledge, and mere motion, give and grant unto the said
Governor and Company of the English colony of Rhode Island and
Providence Plantations, in New England, in America, and their successors
that the Governor, or, in his absence, or, by his permission the
Deputy-Governor of the said Company, for the time being the Assistants,
and such of the freemen of the said Company as shall be so as aforesaid
elected or deputed, or so many of them as shall be present at such
meeting or assembly, as aforesaid, shall be called the General Assembly
and that they, or the greatest part of them present, whereof the
Governor or Deputy-Governor, and six of the Assistants, at least to be
seven shall have, and have hereby given and granted unto them, full
power and authority, from time to time, and at all times here-after, to
appoint, alter and change such days, times and places of meeting and
General Assembly, as they shall think fit ; and to choose, nominate and
appoint, such and so many other persons as they shall think fit, and
shall be willing to accept the same, to be free of the said Company and
body politic, and them into the same to admit; and to elect and
constitute such offices and officers, and to grant such needful
commissions, as they shall think fit and requisite, for the ordering,
managing, and dispatching of the affairs of the said Governor and
Company, and their successors; and from time to time, to make, ordain,
constitute or repeal, such laws, statutes, orders and ordinances, forms
and ceremonies of government and magistracy, as to them shall seem meet,
for the good and welfare of the said Company, and for the government and
ordering of the lands and hereditaments, hereinafter mentioned to be
granted, and of the people that do, or at any time hereafter shall,
inhabit or be within the same; so as such laws, ordinances and
constitutions, so made, be not contrary and repugnant unto, but as near
as may be, agreeable to the laws of this our realm of England,
considering the nature and constitution of the place and people there;
and also to appoint, order and direct, erect and settle, such places and
courts of jurisdiction, for the hearing and determining of all actions,
cases, matters and things, happening within the said colony and
plantation, and which shall be in dispute, and depending there, as they
shall think fit; and also to distinguish and set forth the several names
and titles, duties, powers and limits, of each court, office and
officer, superior and inferior; and also to contrive and appoint such
forms of oaths and attestations, not repugnant, but as near as may be
agreeable, as aforesaid, to the laws and statutes of this our realm, as
are convenient 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 be therein concerned, and also to
regulate and order the way and manner of all elections to offices and
places of trust, and to prescribe, limit and distinguish the numbers and
bounds of all places, towns or cities, within the limits and bounds
hereinafter mentioned, and not herein particularly named, who have, or
shall have, the power of electing and sending of freemen to the said
General Assembly; and also to order, direct and authorize the imposing
of lawful and reasonable fines, mulcts, 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 seal, or otherwise, such fines, mulcts,
imprisonments, sentences, judgments and condemnations, as shall be
thought fit; and to direct, rule, order and dispose of, all other
matters and things, and particularly that which relates to the making of
purchases of the native Indians, as to them shall seem meet; whereby our
said people and inhabitants in the said Plantations, may be so
religiously, peaceably and civilly governed, as that by their good life
and orderly conversation, 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, commanding and requiring and by these
presents for us, our heirs and successors, ordaining and appointing,
that all such laws. statutes, orders and ordinances, instructions,
impositions and directions, as shall be so made by the Governor,
Deputy-Governor, Assistants and freemen, or such number of them as
aforesaid, and published in writing, under their common seal, shall be
carefully and duly observed, kept, performed and put in execution,
according to the true intent and meaning of the same. And these our
letters patent, or the duplicate or exemplification thereof, shall be to
all and every such officer, superior or inferior, from time to time, for
the putting of the same orders, laws, statutes, ordinances, instructions
and directions in due execution, against us, our heirs and successors, a
sufficient warrant and discharge. And further, our will and pleasure is,
and we do hereby, for us, our heirs and successors, establish and
ordain, that yearly, once in the year, forever hereafter, namely, the
aforesaid Wednesday in May, and at the town of Newport, or elsewhere, if
urgent occasion do require, the Governor, Deputy-Governor and Assistants
of the said Company, and other officers of the said Company, or such of
them as the General Assembly shall think fit, shall be, in the said
General Court or Assembly to be held from that day or time, newly chosen
for the year ensuing, by such greater part of the said Company, for the
time being, as shall be then and there present; and if it shall happen
that the present Governor, Deputy-Governor and Assistants, by these
presents appointed, or any such as shall hereafter be newly chosen into
their rooms, or any of them, or any other the officers of the said
Company, shall die or be removed from his or their several offices or
places before the said general day of election, whom we do hereby
declare, for any misdemeanor or default, to be removable by the
Governor, Assistants and Company, or such greater part of them, in any
of the said public courts, to be assembled as aforesaid, that then, and
in every such case, it shall and may be lawful to and for the said
Governor, Deputy-Governor, Assistants and Company aforesaid, or such
greater part of them, so to be assembled as is aforesaid, in any their
assemblies, 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, so dying or removed, according to their discretions; and
immediately upon and after such election or elections made of such
Governor, Deputy-Governor, Assistant or Assistants, or any other officer
of the said Company, in manner and form aforesaid, the authority, office
and power, before given to the former Governor, Deputy-Governor, and
other officer and officers so removed, in whose stead and place new
shall be chosen, shall, as to him and them, and every of them,
respectively, cease and determine. Provided always, and our will and
pleasure is, that as well such as are by these presents appointed to be
the present Governor, Deputy-Governor and Assistants of the said
Company, as those that shall succeed them, and all other officers to be
appointed and chosen as aforesaid, shall, before the undertaking the
execution of the said offices and places respectively, give their solemn
engagement, by oath or otherwise, for the due and faithful performance
of their duties in their several offices and places, before such person
or persons as are by these presents hereafter appointed to take and
receive the same, that is to say: the said Benedict Arnold, who is
hereinbefore nominated and appointed the present Governor of the said
Company, shall give the aforesaid engagement before William Brenton, or
any two of the said Assistants of the said Company; unto whom we do by
these presents give full power and authority to require and receive the
same; and the said William Brenton, who is hereby before nominated and
appointed the present Deputy-Governor of the said Company, shall give
the aforesaid engagement before the said Benedict Arnold, or any two of
the Assistants of the said Company; unto whom we do by these presents
give full power and authority to require and receive the same; and the
said William Boulston, John Porter, Roger Williams, Thomas Olney, John
Smith, John Greene, John Cogeshall, James Barker, William Field, and
Joseph Clarke, who are hereinbefore nominated and appointed the present
Assistants of the said Company, shall give the said engagement to their
offices and places respectively belonging before the said Benedict
Arnold and William Brenton, or one of them; to whom respectively we do
hereby give full power and authority to require, administer, or receive
the same; and further, our will and pleasure is, that all and every
other future Governor or Deputy-Governor, to be elected and chosen by
virtue of these presents, shall give the said engagement before two or
more of the said Assistants of the said Company for the time being; unto
whom we do by these presents give full power and authority to require,
administer or receive the same; and the said Assistants, and every of
them, and all and every other officer or officers to be hereafter
elected and chosen by virtue of these presents from time to time, shall
give the like engagements, to their offices and places respectively
belonging, before the Governor or Deputy-Governor, for the time being;
unto which said Governor, or Deputy-Governor, we do by these presents
give full power and authority to require, administer or receive the same
accordingly. And we do likewise, for us, our heirs and successors, give
and grant unto the said Governor and Company, and their successors, by
these presents, that for the more peaceable and orderly government of
the said Plantations, it shall and may be lawful for the Governor,
Deputy-Governor, Assistants and all other officers and ministers of the
said Company, in the administration of justice, and exercise of
government, in the said Plantations, to use, exercise, and put in
execution, such methods, rules, orders and directions, not being
contrary or repugnant to the laws and statutes of this our realm, as
have been heretofore given, used and accustomed, in such cases
respectively, to be put in practice, until at the next or some other
General Assembly, special provision shall be made and ordained in the
cases aforesaid. And we do further, for us, our heirs, and successors,
give and grant unto the said Governor and Company, and their successors,
by these presents; that it shall and may be lawful to and for the said
Governor, or, in his absence, the Deputy-Governor, and major part of the
said Assistants, for the time being, at any time when the said General
Assembly is not sitting, to nominate, appoint and constitute, such and
so many commanders, governors, and military officers, as to them shall
seem requisite, for the leading, conducting and training up the
inhabitants of the said Plantations in martial affairs, and for the
defense and safeguard of the said Plantations; and that it shall and may
be lawful to and for all and every such commander, governor, and
military officer, that shall be so as aforesaid, or by the Governor, or
in his absence, the Deputy-Governor, and six of the said Assistants, and
major part of the freemen of the said Company present at any General
Assemblies, nominated, appointed and constituted, according to the tenor
of his and their respective commissions and directions to assemble,
exercise in arms, martial array, and put in warlike posture, the
inhabitants of the said colony, for their special defense and safety;
and to lead and conduct the said inhabitants, and to encounter, expulse,
expel and resist, by force of arms, as well by sea as by land, and also
to kill, slay and destroy, by all fitting ways, enterprizes and means,
whatsoever, all and every such person or persons as shall, at any time
hereafter, attempt or enterprise the destruction, invasion, detriment or
annoyance of the said inhabitants or Plantations; and to use and
exercise the law martial in such cases only as occasion shall
necessarily require; and to take or surprise, by all ways and means
whatsoever, all and every such person and persons, with their ship or
ships, armor, ammunition or other goods of such persons, as shall, in
hostile manner, invade or attempt the defeating of the said Plantations,
or the hurt of the said Company and inhabitants; and upon just causes,
to invade and destroy the native Indians, or other enemies of the said
Colony. Nevertheless, our will and pleasure is, and we do hereby declare
to the rest of our Colonies in New England, that it shall not be lawful
for this our said Colony of Rhode Island and Providence Plantations, in
America, in New England, to invade the natives inhabiting within the
bounds and limits of their said Colonies, without the knowledge and
consent of the said other Colonies. And it is hereby declared, that it
shall not be lawful to or for the rest of the Colonies to invade or
molest the native Indians or any other inhabitants inhabiting within the
bounds and limits hereafter mentioned, they having subjected themselves
unto us, and being by us taken into our special protection, without the
knowledge and consent of the Governor and Company of our Colony of Rhode
Island and Providence Plantations. Also our will and pleasure is, and we
do hereby declare unto all Christian Kings, Princes and States, that if
any person, which shall hereafter be of the said Company or Plantations,
or any other, by appointment of the said Governor and Company for the
time being, shall at any time or times hereafter, rob or spoil, by sea
or land, or do any hurt, or unlawful hostility to any of the subjects of
us, our heirs or successors, or any of the subjects of any Prince or
State, being then in league with us, our heirs or successors, upon
complaint of such injury done to any such Prince or State, or their
subjects, we, our heirs and successors, will make open proclamation
within any parts of our realm of England, fit for that purpose, that the
person or persons committing any such robbery or spoil shall, within the
time limited by such proclamation, make full restitution, or
satisfaction of all such injuries, done or committed, so as the said
Prince, or others so complaining, may be fully satisfied, and contented;
and if the said person or persons who shall commit any such robbery or
spoil shall not make satisfaction, accordingly, within such time, so to
be limited, that then we, our heirs and successors, will put such person
or persons, out of our allegiance and protection; and that then it shall
and may be lawful and free for all Princes or others to prosecute with
hostility, such offenders, and every of them, their and every of their
procurers, aiders, abettors, and counsellors, in that behalf: Provided
also, and our express will and pleasure is, and we do, by these
presents, for us, our heirs and successors, ordain and appoint that
these presents, shall not, in any manner, hinder any of our loving
subjects, whatsoever, from using and exercising the trade of fishing
upon the coast of New England, in America; but that they, and every or
any of them, shall have full and free power and liberty to continue and
use the trade of fishing upon the said coast, in any of the seas
thereunto adjoining, or any arms of the seas, or salt water, rivers and
creeks, where they have been accustomed to fish; and to build and set
upon the waste land belonging to the said Colony and Plantations, such
wharves, stages and workhouses as shall be necessary for the salting,
drying and keeping of their fish, to be taken or gotten upon that coast.
And further, for the encouragement of the inhabitants of our said Colony
of Providence Plantations to set upon the business of taking whales, it
shall be lawful for them, or any of them, having struck whale, dubertus,
or other great fish, it or them to pursue unto any part of that coast,
and into any bay, river, cove, creek, or shore, belonging thereto, and
it or them, upon the said coast, or in the said bay, river, cove, creek,
or shore, belonging thereto, to kill and order for the best advantage,
without molestation, they making no willful waste or spoil anything in
these presents contained, or any other matter or thing, to the contrary,
notwithstanding. And further also, we are graciously pleased, and do
hereby declare, that if any of the inhabitants of our said Colony do set
upon the planting of vineyards, the soil and climate both seeming
naturally to concur to the production of wines, or be industrious in the
discovery of fishing banks, in or about the said Colony, we will, from
time to time, give and allow all due and fitting encouragement therein,
as to others, in cases of like nature. And further, of our more ample
grace, certain knowledge, and mere motion, we have given and granted,
and by these presents, for us, our heirs and successors, do give and
grant unto the said Governor and Company of the English Colony 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 be free of the said Colony, full power and authority, from time
to time, and at all times hereafter to take, ship, transport and carry
away, out of any of our realms and dominions, for and towards the
plantation and defense of the said Colony, such and so many of our
loving subjects and strangers as shall or will willingly accompany them
in and to their said Colony and Plantation; except such person or
persons as are or shall be therein restrained by us, our heirs and
successors or any law or statute of this realm: and also to ship and
transport all and all manner of goods, chattels, merchandizes and other
things whatsoever, that are or shall be useful or necessary for the said
Plantations, and defense thereof, and usually transported, and not
prohibited by any law or statute of this our realm; yielding and paying
unto us, our heirs and successors, such the duties, customs and
subsidies, as are or ought to be paid or payable for the same. And
further, our will and pleasure is, and we do, for us, our heirs and
successors, ordain, declare, and grant unto the said Governor and
Company, and their successors, that all and every the subjects of us,
our heirs and successors, which are already planted and settled within
our said Colony of Providence Plantations, or which shall hereafter go
to inhabit within the said Colony, and all and every of their children,
which have been born there, or which shall happen hereafter to be born
there, or on the sea, going thither, or returning from thence, shall
have and enjoy all liberties and immunities of free and natural subjects
within any the dominions of us, our heirs and successors, to all
intents, constructions and purposes, whatsoever, 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 these presents, for us, our
heirs and successors, do give, grant and confirm, unto the said Governor
and Company and their successors, all that part of our dominions in New
England, in America, containing the Nahantick and Nanhygansett, alias
Narragansett Bay, and countries and parts 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 so along
the said river, as the greater or middle stream thereof reacheth or lies
up into the north country, northward, unto the head thereof, and from
thence, by a straight line drawn due north, until it meets with the
south line of the Massachusetts Colony: and on the north, or northerly,
by the aforesaid south or southerly line of the Massachusetts Colony or
Plantation, and extending towards the east, or eastwardly, three English
miles, to the east and northeast of the most eastern and northeastern
parts of the aforesaid Narragansett Bay, as the said Bay lyeth or
extendeth itself from the ocean on the south, or southwardly unto the
mouth of the river which runneth towards the town of Providence, and
from thence along the easterly side or bank of the said river higher
called by the name of Seacunk river, up to the falls called Patuckett
falls, being the most westwardly line of Plymouth Colony, and so from
the said falls, in a straight line, due north until it meet with the
aforesaid line of the Massachusetts Colony; and bounded on the south by
the ocean; and, in particular, the lands belonging to the towns of
Providence, Pawtuxet, Warwick, Misquammacot, alias Pawcatuck, and the
rest upon the main land in the tract aforesaid, together with Rhode
Island, Block Island, and all the rest of the islands and banks in the
Narragansett Bay, and bordering upon the coast of the tract aforesaid,
Fisher’s Island only excepted, together with all firm lands, soils,
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, preheminances, and hereditaments,
whatsoever, within the said tract, bounds, lands and islands aforesaid,
or to them or any of them belonging, or in any wise appertaining; To
have and to hold the same, unto the said Governor and Company, and their
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 knight service; yielding and paying therefor,
to us, our heirs and successors, only the fifth part of all the ore of
gold and silver which, from time to time, and at all times hereafter,
shall be there gotten, had or obtained, in lieu and satisfaction of all
services, duties, fines, forfeitures, made or to be made, claims and
demands whatsoever, to be to us, our heirs or successors, therefor or
thereout 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 be also called alias
Norrogansett or Narrogansett river; and, to prevent future disputes,
that otherwise might arise thereby, forever hereafter shall be
construed, deemed and taken to be the Narragansett 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 controversy which may fall out between our Colony of Providence
Plantations, and the rest of our Colonies in New England, it shall and
may be lawful to and for the Governor and Company of the said Colony of
Providence Plantations to make their appeals therein to us, our heirs
and successors, for redress in such cases, within this our realm of
England: and that it shall be lawful to and for the inhabitants of the
said Colony of Providence Plantations, without let or molestation, to
pass and repass, with freedom, 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, for us, our
heirs and successors, ordain and grant unto the said Governor and
Company, and their successors, by these presents, that these our letters
patent shall 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 hereinbefore declared; and shall be
construed, reputed and adjudged in all cases most favorably on the
behalf, and for the best benefit and behoof, of the said Governor and
Company, and their successors; although express mention of the true
yearly value or certainty of the premises, or any of them, or of any
other gifts or grants, by us, or by any of our progenitors or
predecessors, heretofore made to the said 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, ordained or provided, or any other
matter, cause or thing whatsoever, to the contrary thereof in anywise
notwithstanding. In witness whereof, we have caused these our letters to
be made patent. Witness ourself at Westminster, the eighth day of July,
in the fifteenth year of our reign.
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© Daniel Martinovich 2002-2013 |