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themselves peaceably and quietly, and not ufing this liberty to licentioufnels and profanenefs, nor to the civil injury or outward disturbance of others, any law, ftatute or claufe therein contained, or to be contained, ufage, or cuftom of this realm, to the contrary hereof, in any wife notwithstanding. And that they may be in the better capacity to defend them felves in their juft rights and liberties, against all the enemies of the Chriftian faith, and others, in all refpects, we have further thought fit, and at the humble petition of the perfons aforefaid, are graciously pleafed to declare, That they fhall have and enjoy the benefit of our late act of indemnity, and free pardon, as the rest of our fubjects in other our dominions and territories have; and to create and make them a body politic or corporate, with the powers or privileges herein after-mentioned: And accordingly, our will and pleasure is, and of our especial grace, certain knowledge, and mere motion, we have ordained, conftituted and declared, and by these prefents for us, our heirs and fucceffors, do ordain, constitute, and declare, That they the faid William Brenton, William Codington, Nicholas Eafton, Benedict Arnold, William Boulfton, John Porter, Samuel Gorton, John Smith, John Weekes, Roger Williams, Thomas Olney, Gregory Dexter, John Cogefhall, Jofeph Clarke, Randall Houlden, John Greene, John Roome, William Dyre, Samuel Wildbore, Richard Tew, William Field, Thomas Harris, James Barker, Rainfborrow, Williams,

and John Nickfon, and all fuch others as are now, or hereafter fhall be admitted, free of the company and fociety of our colony of Providence Plantations, in the Narraganfet Bay, in NewEngland, fhall be, from time to time, and for ever 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 fame name, they and their fucceffors fhall and may have perpetual fucceffion, and fhall and may be persons able and capable in the law to fue and be fued, to plead and be impleaded, to answer and to be answered unto, to defend and to be defended, in all and fingular fuits, caufes, quarrels, matters, actions, and things, of what kind or nature foever; and alfo to have, take, poffefs, acquire, and purchase lands, tenements, or hereditaments, or any goods or chattels, and the fame to leafe, grant, demife, alien, bargain, fell, and difpofe 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 fame, may lawfully do: and further, That they the faid governor and company, and their fucceffors, shall and may, for ever hereafter, have a common feal, to ferve and use for all matters, caufes, things, and affairs whatfoever, of them and their fucceffors, and the fame feal to alter,

change,

change, break, and make new from time to time, at their will and pleafure, as they fhall think fit. And further, we will and ordain, and by these prefents, for us, our heirs and fucceffors, do declare and appoint, That for the better ordering and managing of the affairs and bufinefs of the faid company and their fucceffors, there fhall be one governor, one deputy-governor, and ten affiftants, to be from time to time conftituted, elected, and chofen, out of the freemen of the faid company, for the time being, in fuch manner and form as is hereafter in thefe prefents expreffed; which faid officers fhall apply themselves to take care for the beft difpofing and ordering of the general bufinefs and affairs of and concerning the lands and her ditaments herein aftermentioned 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 fucceffors, affign, name, conftitute and appoint, the aforefaid Benedict Arnold to be the first and prefent governor of the faid company, and the faid William Brenton to be the deputy-governor, and the faid William Boulton, John Porter, Roger Williams, Thomas Olney, John Smith, John Greene, John Cogefhall, James Barker, William Field, and Jofeph Clarke, to be the ten prefent affiftants of the faid company, to continue in the faid feveral offices refpectively, until the first Wednesday which fhall be in the month of May now next coming. And further, we will, and by thefe prefents, for us, our heirs and fucceffors, do ordain and grant, That the governor of the faid company, for the time being, or in his abfence, by occafion of ficknefs, or otherwife, by his leave or permiffion, the deputygovernor, for the time being, fhall and may, from time to time, upon all occafions, give order for the affembling of the faid company, and calling them together, to confult and advife of the business and affairs of the faid company; and that for ever hereafter, twice in every year, that is to fay, on every first Wednesday in the month of May, and on every last Wednesday in October, or oftener, in cafe it fhall be requifite, the affiftants, and such of the freemen of the faid company, not exceeding fix perfons for Newport, four perfons for each of the refpective towns of Providence, Portfmouth, and Warwick, and two perfons for each other place, town or city, who fhall be from time to time thereunto elected or deputed by the major part of the freemen of the refpective towns or places, for which they fhall be fo elected or deputed, fhall have a general meeting or affembly, then and there to confult, advise and determine, in and about the affairs and bufinefs of the faid company and plantations. And further, we do of our efpecial grace, certain knowledge, and mere motion, give and grant unto the faid governor and company of the English colony of RhodeIfland and Providence Plantations, in New-England in America, and their fucceffors, That the governor, or in his abfence, or by his permiffion, the deputy governor, of the faid company for the time being, the affiftants, and fuch of the freemen of the faid H

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company, as fhall be fo aforefaid elected or deputed, or fo many of them as fhall be prefent at fuch meeting or affembly, as aforesaid, fhall be called the General Affembly; and that they, or the greateft part of them then prefent, whereof the governor, or deputygovernor, and fix of the affiftants at leaft, to be feven, fhall have, and have hereby given and granted unto them, full power and authority, from time to time, and at all times hereafter, to appoint, alter, and change fuch days, times and places of meeting, and general affembly, as they fhall think fit, and to chufe, nominate, and appoint fuch and so many perfons as they fhall think fit, and fhall be willing to accept the fame, to be free of the faid company and body politic, and them into the fame to admit, and to elect, and conftitute fuch offices and officers, and to grant fuch needful commiffions as they fhall think fit and requifite, for ordering, managing, and difpatching of the affairs of the faid governor and company, and their fucceffors; and, from time to time, to make, ordain, conftitute, or repeal, fuch laws, ftatutes, orders and ordinances, forms and ceremonies of government and magiftracy, as to them shall seem meet, for the good and welfare of the faid company, and for the government and ordering of the lands and hereditaments herein after mentioned to be granted, and of the people that do, or at any time hereafter fhall inhabit, or be within the fame; fo as fuch laws, ordinances, and conftitutions, so made, be not contrary and repugnant unto, but as near as may be, agreeable to the laws of this our realm of England, confidering the nature and conftitution of the place and people there; and alfo, to appoint, order, and direct, erect and fettle fuch places and courts of jurisdiction, for hearing and determining of all actions, cafes, matters and things, happening within the faid colony and plantation, and which fhall be in difpute, and depending there, as they fhall think fit; and also to distinguish and fet forth the feveral names and titles, duties, powers and limits, of each court, office and officer, fuperior and inferior; and also, to contrive and appoint fuch forms of oaths and attestations, not repugnant, but as near as may be agreeable, as aforesaid, to the laws and ftatutes of this our realm, as are convenient and requifite, with respect to the due adminiftration of juftice, and due execution and discharge of all offices and places of truft, by the per fons that fhall be therein concerned; and also to regulate and order the way and manner of all elections to offices and places of truft, and to prescribe, limit and diftinguifh the number and bounds of all places, towns and cities, within the limits and bounds. herein after mentioned, and not herein particularly named, who have or fhall have the power of electing and fending of freemen to the faid general affembly; and also to order, direct and authorife, the impofing of lawful and reasonable fines, mulets, imprisonments, and executing other punifhments, pecuniary and corporal, upon offenders and delinquents, according to the course of other corporations, within this our kingdom of England; and again,

to

to alter, revoke, annul or pardon, under their common feal, or otherwife, fuch fines, mulets, imprisonments, fentences, judgments and condemnations, as fhall 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 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 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 thefe prefents, 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 Such number of them as aforesaid, and published in writing under their common feal, fhall be carefully and duly obferved, kept, performed, and put in execution, according to the true intent and meaning of the fame. And these our letters patent, or the duplicate or exemplification thereof, fhall be to all and every fuch officers, fuperior or inferior, from time to time, for the putting of the fame orders, laws, ftatutes, ordinances, inftructions, and directions, in due execution against us, our heirs, and fucceffors, a fufficient warrant and difcharge. And further, our will and pleafure is, and we do hereby for us, our heirs, and fucceffors, eftablish and ordain, that yearly, once in the year for ever hereafter, namely, the aforefaid Wednesday in May, and at the town of Newport or elsewhere, 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 enfuing, by the greater part of the faid company for the time being as fhall be then and there prefent. And if it fhall happen that the present governor, deputy-governor, and affiftants, by thefe 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 mifdemeanour 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 shall 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 fuch officer or officers fo dying or removed, according to their directions. And immediately upon

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and

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, deputygovernor, and other officer and officers fo removed, in whole ftead and place new fhall be chofen, fhall, as to him and them, and every of them refpectively, ceafe and determine: Provided always, and our will and pleafure is, That as well fuch as are by thefe prefents appointed to be the prefent governor, deputygovernor, and affiftants of the faid company, as thofe which fhall fucceed them, and all other officers to be appointed and chofen as aforefaid, fhall, before the undertaking the execution of the faid offices 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 faid Benedict Arnold, who is herein before nominated and appointed the prefent governor of the faid company, fhall 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 affiftants of the faid company, unto whom we do, by these prefents, give full power and authority to require and receive the fame; and the faid William Boulton, John Porter, Roger Williams, Thomas Olney, John Smith, John Greene, John Coge fhall, James Barker, William Field, and Jofeph Clarke, who are herein before nominated and appointed the prefent affiftants of the company, fhall give the faid engagement to their offices and places refpectively belonging, before 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 pleasure is, that all and every other future governor, or deputy-governor, to be elected and chofen by virtue of thefe prefents, fhull give the faid engagement before two or more of the faid affiftants of the faid company the time being, unto whom we do, by thefe 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 officers, to be hereafter elected and chofen by virtue of these 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 said governor or deputy-governor, we do by these prefents give full power and authority to require, adminifter, or receive the fame accordingly. And we do likewife for us, our heirs, and fucceffors, give and

for

grant

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