網頁圖片
PDF
ePub 版
[blocks in formation]
[blocks in formation]

CHARLES the Second, by the grace of God, | flourishing civil state may stand and best be mainKing of England, Scotland, France and Ireland, tained, and that among our English subjects, with Defender of the Faith, &c. to all to whom these a full liberty in religious concernments; and that presents shall come, greeting: Whereas we have true piety, rightly grounded upon gospel princibeen informed, by the humble petition of our trusty ples, will give the best and greatest security to and well beloved subject, John Clarke, on the be- sovereignty, and will lay in the hearts of inen the half of Benjamin Arnold, William Brenton, Wil- strongest obligations to true loyalty: Now know liam Coddington, Nicholas Easton, William Bouls ye, that we, being willing to encourage the hopeton, John Porter, John Smith, Samuel Gorton, ful undertaking of our said loyal and loving subJohn Weeks, Roger Williams, Thomas Olney, jects, and to secure them in the free exercise and Gregory Dexter, John Coggeshall, Joseph Clarke, enjoyment of all their civil and religious rights, Randall Holden, John Greene, John Roome, Sam- appertaining to them, as our loving subjects; and uel Wildbore, William Field, James Barker, Rich- to preserve unto them that liberty, in the true ard Tew, Thomas Harris, and William Dyre, and Christian faith and worship of God, which they the rest of the purchasers and free inhabitants of have sought with so much travel, and with peaceour island called Rhode-Island, and the rest of the able minds, and loyal subjection to our royal procolony of Providence Plantations, in the Narra- genitors and ourselves, to enjoy; and because gansett Bay, in New-England, in America, that some of the people and inhabitants of the same they, pursuing, with peaceable and loyal minds, colony cannot, in their private opinions, conform their sober, serious and religious intentions, of to the public exercise of religion, according to the godly edifying themselves, and one another, in the liturgy, forms and ceremonies of the Church of holy Christian faith and worship, as they were per- England, or take or subscribe the oaths and artisuaded; together with the gaining over and con- cles made and established in that behalf; and for version of the poor ignorant Indian natives, in that the same, by reason of the remote distances those parts of America, to the sincere profession of those places, will (as we hope) be no breach of and obedience of the same faith and worship, did, the unity and uniformity established in this nanot only by the consent and good encouragement tion: Have therefore thought fit, and do hereby of our royal progenitors, transport themselves out publish, grant, ordain and declare, That our royal of this kingdom of England into America, but al- will and pleasure is, that no person within the said so, since their arrival there, after their first settle- colony, at any time hereafter, shall be any wise ment amongst other our subjects in those parts, molested, punished, disquieted, or called in quesfor the avoiding of discord, and those many evils tion, for any differences in opinion in matters of which were likely to ensue upon some of those religion, and do not actually disturb the civil peace our subjects not being able to bear, in these remote of our said colony; but that all and every person parts, their different apprehensions in religious and persons may, from time to time, and at all concernments, and in pursuance of the aforesaid times hereafter, freely and fully have and enjoy ends, did once again leave their desirable stations his and their own judgments and consciences, in and habitations, and with excessive labor and tra- matters of religious concernments, throughout the l, hazard and charge,. did transplant themselves tract of land hereafter mentioned, they behaving into the midst of the Indian natives, who, as we themselves peaceably and quietly, and not using are informed, are the most potent princes and peo- this liberty to licentiousness and profaneness, nor ple of all that country; where, by the good Provi- to the civil injury or outward disturbance of othdence of God, from whom the Plantations have ers; any law, statute, or clause, therein containtaken their name, upon their labour and industry, ed, or to be contained, usage or custom of this they have not only been preserved to admiration, realm, to the contrary hereof, in any wise, notbut have increased and prospered, and are seized withstanding. And that they may be in the betand possessed, by purchase and consent of the said ter capacity to defend themselves, in their just natives, to their full content, of such lands, islands, rights and liberties, against all the enemies of the rivers, harbors and roads, as are very convenient, Christian faith, and others, in all respects, we both for plantations, and also for building of ships, have further thought fit, and at the humble petisupply of pipe-staves, and other merchandize; and tion of the persons aforesaid are graciously pleased which lie very commodious, in many respects for to declare, That they shall have and enjoy the commerce, and to accommodate our southern benefit of our late act of indemnity and free parplantations, and may much advance the trade of don, as the rest of our subjects in other our dothis our realm, and greatly enlarge the territories minions and territories have; and to create and thereof; they having, by near neighborhood to make them a body politic or corporate, with the and friendly society with the great body of the powers and privileges hereinafter mentioned.Narragansett Indians, given them encouragement, And accordingly our will and pleasure is, and of of their own accord, to subject themselves, their our especial grace, certain knowledge, and mere people and lands, unto us; whereby, as is hoped, motion, we have ordained, constituted and declarthere may, in time, by the blessing of God upon ed, and by these presents, for us, our heirs and their endeavors, be laid a sure foundation of hap- successors, do ordain, constitute and declare, That piness to all America: And whereas, in their hum- they, the said William Brenton, William Codble address, they have freely declared, that it is dington, Nicholas Easton, Benedict Arnold, Wilmuch on their hearts (if they may be permitted) liam Boulston, John Porter, Samuel Gorton, John to hold forth a lively experiment, that a most Smith, John Weeks, Roger Williams, Thomas

[ocr errors]
[ocr errors]

3

Olney, Gregory Dexter, John Coggeshall, Joseph and may, from time to time, upon all occasions, Clarke, Randall Holden, John Greene, John give order for the assembling of the said CompaRoome, William Dyre, Samuel Wildbore, Richard ny, and calling them together, to consult and adTew, William Field, Thomas Harris, Jaines Bar vise of the business and affairs of the said Compaker, Rainsborrow, Williams, and ny. And that forever hereafter, twice in every John Nickson, and all such others as now are, or year, that is to say, on every first Wednesday in hereafter shall be, admitted and made free of the the month of May, and on every last Wednesday company and society of our colony of Providence in October,or oftener, in case it shall be requiPlantations, in the Narragansett Bay, in New-site, the Assistants, and such of the freemen of England, shall be, from time to time, and forever the said Company, not exceeding six persons for hereafter, a body corporate and politic, in fact and Newport, four persons for each of the respective name, by the name of The Governor and Com- towns of Providence, Portsmouth and Warwick, pany of the English Colony of Rhode-Island and and two persons for each other place, town or Providence Plantations, in New-England, in city, who shall be, from time to time, thereunto America; and that, by the same name, they and elected or deputed by the major part of the freetheir successors shall and may have perpetual suc- men of the respective towns or places for which cession, and shall and inay be persons able and ca- they shall be so elected or deputed, shall have a pable, in the law, to sue and be sued, to plead and general meeting or assembly, then and there to be impleaded, to answer and be answered unto, to consult, advise and determine, in and about the defend and to be defended, in all and singular affairs and business of the said Company and suits, causes, quarrels, matters, actions and things, Plantations. And further, we do, of our especial of what kind or nature soever; and also to have, grace, certain knowledge, and mere motion, give take, possess, acquire and purchase, lands, tene- and grant unto the said Governor and Company ments or hereditaments, or any goods or chattels, of the English colony of Rhode-Island and Proviand the same to lease, grant, demise, aliene, bar- dence Plantations, in New-England, in America, gain, sell and dispose of, at their own will and and their successors, that the Governor, or, in pleasure, as other our lege people, of this our his absence, or by his permission, the Deputyrealm of England, or any corporation or body poli- Governor of the said Company, for the time befic within the same, may lawfully do. And fur-ing, the Assistants, and such of the freemen of ther, that they the said Governor and Company, the said Company as shall be so as aforesaid electand their successors, shall and may, forever here-ed or deputed, or so many of them as shall be after, have a common seal, to serve and use for all present at such meeting or assembly, as aforesaid, matters, causes, things and affairs, whatsoever, of shall be called the General Assembly; and that them and their successors; and the same seal to, they, or the greatest part of them then present, alter, change, break, and make new, from time to whereof the Governor or Deputy-Governor, and time, at their will and pleasure, as they shall think six of the Assistants, at least to be seven, shall fit. And further, we will and ordain, and by have, and have hereby given and granted unto these presents, for us, our heirs and successors, them, full power and authority, from time to time, do declare and appoint, that, for the better order-and at all times hereafter, to appoint, alter and ing and managing of the affairs and business of change, such days, times and places of meeting the said Company, and their successors, there and General Assembly, as they shall think fit; shall be one Governor, one Deputy-Governor, and and to choose, nominate and appoint, such and so ten Assistants, to be, from time to time, constitu- many other persons as they shall think fit, and ted, elected and chosen, out of the freemen of the shall be willing to accept the same, to be free said Company, for the time being, in such manner the said Company and body politic, and them inand form as is hereafter in these presents express-to the same to admit; and to elect and constitute ed; which said officers shall apply themselves to such offices and officers, and to grant such needtake care for the best disposing and ordering of fel commissions, as they shall think fit and requithe general business and affairs of and concern-site, for the ordering, managing and despatching ing the lands and hereditaments hereinafter men- of the affairs of the said Governor and Company, tioned to be granted, and the plantation thereof, and their successors; and, from time to time, to and the government of the people there. And, make, ordain, constitute or repeal, such laws, for the better execution of our royal pleasure here- statutes, orders and ordinances, forms and cerein, we do, for us, our heirs and successors, assign, monies of government and magistracy, as to them name, constitute and appoint the aforesaid Bene- shall seem meet, for the good and welfare of the dict Arnold to be the first and present Governor said Company, and for the government and orderof the said Company, and the said William Bren- ing of the lands and hereditaments, hereinafter ton to be the Deputy-Governor, and the said Wil- mentioned to be granted, and of the people that liam Boulston, John Porter, Roger Williams, do, or at any time hereafter shall, inhabit or be Thomas Olney, John Smith, John Greene, John within the same; so as such laws, ordinances and Coggeshall, James Barker, William Field, and Jo- constitutions, so made, be not contrary and repugseph Clarke, to be the ten present Assistants of the nant unto, but, as near as may be, agreeable to the said Company, to continue in the said several ofi- laws of this our realm of England, considering the ces, respectively, until the first Wednesday which nature and constitution of the place and people shall be in the month of May now next coming. there; and also to appoint, order and direct, erect And further, we will, and by these presents, for and settle, such places and courts of jurisdiction, us, our heirs and successors, do ordain and grant, for the hearing and determining of all actions, cathat the Governor of the said Company, for the ses, matters and things, happening within the said time being, or, in his absence, by occasion of sick-colony and plantation, and which shall be in disness, or otherwise, by his leave and permission, puts, and depending there, as they shall think fit; the Deputy-Governor, for the time being, shall and also to distinguish and set forth the several

3

4

names and titles, duties, powers and limits, of each rooms, or any of them, or any other the officers of court, office and officer, superior and inferior; the said Company, shall die or be removed from and also to contrive and appoint such forms of his or their several offices or places, before the oaths and attestations, not repugnant, but, as near said general day of election, (whom we do here by as may be, agreeable, as aforesaid, to the laws and declare, for any misdemeanor or default, to be restatutes of this our realm, as are convenient and movable by the Governor, Assistants and Comparequisite, with respect to the due administration ny, or such greater part of them, in any of the of justice, and due execution and discharge of all said public courts, to be assembled as aforesaid,) offices and places of trust by the persons that shall that then, and in every such case, it shall and may be therein concerned; and also to regulate and be lawful to and for the said Governor, Deputyorder the way and manner of all elections to offi- Governor, Assistants and Company aforesaid, or ces and places of trust, and to prescribe, limit and such greater part of them, so to be assembled as is distinguish the numbers and bounds of all places, aforesaid, in any their assemblies, to proceed to a towns or cities, within the limits and bounds here- new election of one or more of their Company, in inafter mentioned, and not herein particularly the room or place, rooms or places, of such officer named, who have, or shall have, the power of or officers, so dying or removed, according to electing and sending of freemen to the said Gen-their discretions; and immediately upon and after eral Assembly; and also to order, direct and au- such election or elections made of such Governor, thorize the imposing of lawful and reasonable fines, Deputy-Governor, Assistant or Assistants, or any multes, imprisonments, and executing other pun-other officer of the said Company, in manner and ishments, pecuniary and corporal, upon offenders form aforesaid, the authority, office and power, beand delinquents, according to the course of other fore given to the former Governor, Deputy-Govcorporations within this our kingdom of England; ernor, and other officer and officers, so removed, and again to alter, revoke, annul or pardon, under in whose stead and place new shall be chosen, their common seal, or otherwise, such fines, inulcts, shall, as to him and them, and every of them, reimprisonments, sentences, judgments and con- spectively, cease and determine: Provided always, demnations, as shall be thought fit; and to direct, and our will, and pleasure is, that as well such as rule, order and dispose of, all other matters and are by these presents appointed to be the present things, and particularly that which relates to the Governor, Deputy-Governor and Assistants, of making of purchases of the native Indians, as to the said Company, as those that shall succeed them shall seem meet; whereby our said people them, and all other officers to be appointed and and inhabitants, in the said Plantations, may be chosen as aforesaid, shall, before the undertaking so religiously, peaceably and civilly governed, as the execution of the said offices and places respectthat, by their good life and orderly conversation, ively, give their solemn engagement, by oath, or they may win and invite the native Indians of the otherwise, for the due and faithful performance of country to the knowledge and obedience of the their duties in their several offices and places, beonly true God, and Saviour of mankind; willing, fore such person or persons as are by these precommanding and requiring, and by these presents, sents hereafter appointed to take and receive the for us, our heirs and successors, ordaining and ap- same, that is to say: the said Benedict Arnold, pointing, that all such laws, statutes, orders and who is hereinbefore nominated and appointed the ordinances, instructions, impositions and direc-present Governor of the said Company, shall give tions, 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 officers, superior or inferior, from time to time, for the putting of the same orders, laws, statutes, ordinances, instruc tions 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

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 Coggeshall, James Barker, William Field, and Joseph Carke, 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 Depu ty-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 pleasure is, and we do hereby declare to the rest of and every other officer or officers to be hereafter our Colonies in New-England, That it shall not elected and chosen by virtue of these presents, be lawful for this our said Colony of Rhode-Island from time to time, shall give the like engagements, and Providence Plantations, in America, in Newto their offices and places respectively belonging, England, to invade the natives inhabiting within before the Governor or Deputy-Governor for the the bounds and limits of their said Colonies, withtime being; unto which said Governor, or Deputy-out the knowledge and consent of the said other Governor, we do by these presents give full pow- Colonies. And it is hereby declared, that it shall er and authority to require, administer or receive not be lawful to or for the rest of the Colonies to the same accordingly. And we do likewise, for invade or molest the native Indians, or any other us, our heirs and successors, give and grant unto inhabitants, inhabiting within the bounds and limthe said Governor and Company, and their suc- its hereafter mentioned, (they having subjected cessors, by these presents, that, for the more peace- themselves unto us, and being by us taken into able and orderly government of the said Planta- our special protection,) without the knowledge tions, it shall and may be lawful for the Governor, and consent of the Governor and Company of our Deputy-Governor, Assistants, and all other offi- Colony of Rhode-Island and Providence Plantacers and ministers of the said Company, in the ad- tions. Also our will and pleasure is, and we do ministration of justice, and exercise of government, hereby declare unto all Christian Kings, Princes in the said Plantations, to use, exercise, and put and States, that if any person, which shall hereaf in execution, such methods, rules, orders and di- ter be of the said Company or Plantation, or any rections, not being contrary or repugnant to the other, by appointment of the said Governor and laws and statutes of this our realm, as have been Company for the time being, shall, at any time or heretofore given, used and accustomed, in such times hereafter, rob or spoil, by sea or land, or do cases respectively, to be put in practice, until at any hurt or unlawful hostility to any of the subthe next, or some other General Assembly, spe-jects of us, our heirs or successors, or any of the cial provision shall be made and ordained in the subjects of any Prince or State, being then in cases aforesaid. And we do further, for us, our league with us, our heirs or successors, upon comheirs and successors, give and grant unto the said plaint of such injury done to any such Prince or Governor and Company, and their successors, by State, or their subjects, we, our heirs and succesthese presents, that it shall and may be lawful to sors, will make open proclamation within any parts and for the said Governor, or, in his absence, the of our realm of England, fit for that purpose, that Deputy-Governor, and major part of the said As- the person or persons committing any such robsistants, for the time being, at any time when the bery or spoil shall, within the time limited by such said General Assembly is not sitting, to nominate, proclamation, make full restitution or satisfaction appoint and constitute, such and so many com- of all such injuries, done or committed, so as the manders, governors and military officers, as to said Prince, or others so complaining, may be fully them shall seem requisite, for the leading, con- satisfied and contented; and, if the said person or ducting and training up the inhabitants of the persons who shall commit any such robbery or said Plantations in martial affairs, and for the de- spoil, shall not make satisfaction, accordingly, fence and safeguard of the said Plantations; and within such time, so to be limited, that then we, that it shall and may be lawful to and for all and our heirs and successors, will put such person or every such commander, governor and military persons out of our allegiance and protection; and officer, that shall be so as aforesaid, or by the Gov- that then it shall and may be lawful and free for ernor, or, in his absence, the Deputy-Governor, all Princes or others, to prosecute, with hostility, and six of the said Assistants, and major part of such offenders, and every of them, their and every the freemen of the said Company present at any of their procurers, aiders, abettors and counsellors, General Assemblies, nominated, appointed and in that behalf: Provided also, and our express will constituted, according to the tenor of his and their and pleasure is, and we do, by these presents, for respective commissions and directions, to assem- us, our heirs and successors, ordain and appoint, ble, exercise in arms, martial array, and put in that these presents shall not, in any manner, hinwarlike posture, the inhabitants of the said colony, der any of our loving subjects, whatsoever, from for their special defence and safety; and to lead using and exercising the trade of fishing upon the and conduct the said inhabitants, and to encoun- coast of New-England, in America; but that they, ter, expulse, expel and resist, by force of arms, as and every or any of them, shall have full and free well by sea as by land, and also to kill, slay and power and liberty to continue and use the trade of destroy, by all fitting ways, enterprizes and means fishing upon the said coast, in any of the seas whatsoever, all and every such person or persons thereunto adjoining, or any arms of the seas, or as shall, at any time hereafter, attempt or enter- salt water, rivers and creeks, where they have prize the destruction, invasion, detriment or an been accustomed to fish; and to build and set upnoyance of the said inhabitants or Plantations; on the waste land, belonging to the said Colony and to use and exercise the law martial in such and Plantations, such wharves, stages and workcases only as occasion shall necessarily require; houses, as shall be necessary for the salting, dryand to take or surprise, by all ways and means ing and keeping of their fish, to be taken or gotwhatsoever, all and every such person and per- ten upon that coast. And further, for the encoursons, with their ship or ships, armor, ammunition, agement of the inhabitants of our said Colony of or other goods of such persons as shall, in hostile Providence Plantations to set upon the business of manner, invade or attempt the defeating of the taking whales, it shall be lawful for them, or any said Plantation, or the hurt of the said Company of them, having struck whale, dubertus, or other and inhabitants; and, upon just causes, to invade great fish, it or them to pursue unto any part of and destroy the native Indians, or other enemies that coast, and into any bay, river, cove, creek or of the said Colony. Nevertheless, our will and shore, belonging thereto, and it or them, upon the

« 上一頁繼續 »