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[July 8.]
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512. Charter of Rhode Island and Providence Plantations.
Whereas his Majesty has been informed by the petition of John
Clarke, on behalf of Benjamin [Benedict] Arnold, William Brenton,
William Coddington, Nicholas Easton, William Boulston, John Porter,
John Smith, Samuel Gorton, John Weekes, Roger Williams, Thomas
Olney, Gregorie Dexter, John Cogeshall, Joseph Clarke, Randall
Holden, John Greene, John Roome, Samuel Wildbore, William
Feild, James Barker, Richard Tew, Thomas Harris, and William
Dyre, and the rest of the purchasers and free inhabitants of the
island called Rhode Island, and the rest of the colony of Providence
Plantations in Narragansett Bay in New England, That they, pursuing
with loyal minds their serious intentions of godly edifying
themselves in the holy Christian faith as they were persuaded, together
with the conversion of the Indian natives, did not only with
the encouragement of his Majesty's progenitors transport themselves
into America, but not being able to bear in those parts their
different apprehensions in religious concernments again left their
desirable habitations, and transplanted themselves into the midst
of the most potent Indian people of that country, where (by the
good Providence of God, from whom the plantations have taken
their name), they have not only been preserved to admiration, but
have prospered and become possessed by purchase from the natives
of lands, rivers, harbours, &c., very convenient for plantations, ship
building, supply of pipe-staves, and commerce with his Majesty's
southern plantations, and by their friendly society with the great
body of the Narragansett Indians have given them encouragement
to subject themselves to his Majesty. And whereas they have
declared that it is much on their hearts to hold forth a lively experiment
that a flourishing civil state may best be maintained among
his Majesty's subjects with full religious liberty, and that true piety
will give the greatest security for sovereignty and true loyalty,
His Majesty, willing to preserve to them that liberty in the worship
of God which they have sought with so much travail and loyal
subjection, and because some of them cannot conform to the liturgy,
ceremonies, and articles of the Church of England, and hoping that
the same, by reason of distance, may be no breach of the uniformity
established in this nation, hereby grants and declares that no person
within the said colony shall hereafter be any wise molested or
called in question for any difference in opinion in matters of religion
that does not disturb the civil peace of the colony, and that they
shall enjoy the benefit of his Majesty's late Act of Indemnity and
free pardon. And his Majesty constitutes the said William Brenton,
William Coddington, 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 Feild, Thomas Harris,
James Barker, Rainsborrow Williams, and John Nickson, and
all others admitted free of the Company, to be for ever a body corporate
and politic, by the name of the Governor and Company of the
English Colony of Rhode Island and Providence Plantations in New
England, with perpetual succession, a common seal, and all the
usual powers of other corporations in England, with power to elect
a Governor, Deputy Governor, and 10 assistants, out of the freemen.
Benedict Arnold to be the first Governor ; William Brenton, Deputy
Governor ; and William Boulston, John Porter, Roger Williams,
Thomas Olney, John Smith, John Greene, John Cogeshall, James
Barker, William Feild, and Joseph Clarke, assistants, to continue in
office until the first Wednesday in May next. And every year, on
the first Wednesday in May and last Wednesday in October, or
oftener if requisite, the assistants and such freemen, not exceeding
six for Newport, four each for Providence, Portsmouth, and Warwick,
and two for each other place or town, elected by the major
part of the freemen, to have a General Assembly, and the major part,
of whom the Governor or Deputy Governor and six of the assistants
to be seven, shall have power to admit persons to be free of the
Company, to appoint officers, grant Commissions, make and repeal
laws, &c., so as they be not repugnant to those of England, settle
courts of jurisdiction, appoint forms of oaths, regulate the manner
of elections to places of trust, prescribe the bounds, &c. of towns or
cities, impose and remit punishments according to the course of
other corporations in England, and so dispose of all things, and
particularly that which relates to making purchases of the Indians,
that they may win the Indians to the knowledge of the only true
God and Saviour of mankind. And yearly on the said Wednesday
in May, at Newport or elsewhere, if urgent occasion require, the
Governor, Deputy Governor, assistants, and other officers, to be
newly chosen by the greater part of the Company present, or others
in their stead ; provided that all officers give their solemn engagement
by oath or otherwise for the faithful performance of their
duties, viz. : said Benedict Arnold before said William Brenton or
any two of the assistants ; said William Brenton before said Benedict
Arnold or any two of the assistants ; and said assistants before
said Benedict Arnold and William Brenton or either of them ; with
power to the Governor or Deputy Governor, and major part of the
assistants, when the General Assembly is not sitting, to appoint
military officers, asssemble the inhabitants in martial array for
defence, and to resist and destroy all that shall attempt invasion or
annoyance, exercise martial law, and invade and destroy the Indians
or other enemies of the colony. But it shall not be lawful for said
colony to invade the natives within the bounds of other colonies
without the consent of said colonies, nor for other colonies to
invade the natives or other inhabitants within the bounds hereafter
mentioned (they being taken into his Majesty's special protection),
without the consent of the Governor and Company of said colony,
but not to do any unlawful hostility against any of his Majesty's
subjects or those in amity with him. Provided that these presents
shall not hinder any of his Majesty's subjects from fishing on the
coast of New England, or from building on the waste lands of the
colony wharves, stages, &c. for salting, drying, and keeping their
fish. And for the encouragement of the inhabitants in taking
whales, it shall be lawful for them, having struck whale, dubertus,
or other great fish, to pursue and kill it on any shore of the colony,
making no wilful spoil thereon. And his Majesty will from time to
time give all fitting encouragement to the planting of vineyards
(with which the soil and climate seem to concur) and discovery of
fishing banks. Also power to all free of the Company or trading
thither to transport his Majesty's subjects and strangers (except
those restrained by his Majesty) and goods not prohibited by law,
paying customs for the same. All his Majesty's subjects now in
said colony and their children born there to enjoy the liberties of
natural subjects. And his Majesty grants to said Governor and
Company all that part of New England containing the Nahantick
and Nanhygansett as Narragansett Bay and countries and parts
adjacent, bounded on the west or westerly to the middle or channel
of a river there commonly called Pawcatuck as Pawcawtuck river,
and along the middle stream thereof up into the North Country to
the head thereof, and thence by a straight line due north until it
meets with the south line of Massachusetts Colony, and on the north
by the said south line of the Massachusetts Colony, and extending
towards the east three English miles to the east and north-east of
the most eastern and north-eastern parts of Narragansett Bay, as
the bay extends from the ocean, on the south to the mouth of the
river, which runs towards the town of Providence, and then along
the easterly bank of the said river (higher called Seacunck River),
up to Pawtuckett Falls, being the most westwardly line of Plymouth
Colony, and so from the said falls in a straght line due north, until
it meet the aforesaid line of the Massachusetts Colony, and bounded
on the south by the ocean, and in particular the lands belonging to
the town of Providence, Pawtuxett, Warwick, Misquammacok as
Pawcatuck, and the rest on the main land in the tract aforesaid ;
together with Rhode Island, Block Island, and all the rest of the
islands and banks in the Naragansett Bay, and bordering on the
coast of the tract aforesaid (Fisher's Island only excepted), with all
lands, ports, waters, fishings, mines, minerals, woods, privileges, and
jurisdictions within the same. To hold the same of his Majesty,
his heirs and successors, as of the manor of East Greenwich, in free
and common soccage, paying one fifth part of all gold and silver ore,
any clause in a late grant to the Governor and Company of Connecticut
Colony to the contrary notwithstanding, the aforesaid Pawcatuck
river having been yielded after much debate for the bounds
between said colonies by the agents thereof, who have agreed that
said river shall be also called Narragansett river, and be deemed
to be the Narragansett river mentioned in his Majesty's late grant
to Connecticut Colony, as the easterly bounds of that colony. And
it shall be lawful for said colony to make appeals to his Majesty,
&c. in all public controversies (with other colonies?), and for the
inhabitants freely to pass through and hold commerce with the
inhabitants of other English colonies willing to admit them. These
presents to be construed most favourably for said Governor and
Company. 7 membs. [Pat. Roll, 15 Chas. II., part 15, No. 3.]
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