Sidebilder
PDF
ePub

grant unto the said governor and company and their successors, by these present?, that for the more peaceable and orderly government of the said plantations, it shall and may be lawsul for th« governor, deputy-governor, affistants, 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 fn execution, such methods, rules, orders, and directions, not being contrary and 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, especial provision shall be made in the cases aforesaid. And we do surther, for us, our heirs, and successors, give and grant unto the said governor and company, and their successors, by these presents, that it shall arrd may be lawsul to and for the said governor, or in his absence the deputy-governor and major part of the said affistants for the time being, at any , > time, when the said general assembly is not sitting, to nominate, ap.** point, 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 desence and saseguard of the said plantations ; and that it shall and may be lawsul 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 os the affistants, 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 commiffions and directions, to assemble, exercise in arms, marshal, array, and put in warlike posture, the inhabitants of the said colony, for their especial desence and sasety; and to lead and conduct the said inhabitants, and to encounter, repulse, and resist by force of arms, as well by sea as by land, to kill, slay, and destroy, by all fitting ways, enter* prizes, and means whatsoever, all and every such person or .persons as shall at any time hereafter attempt or enterprize 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 and surprise, by all ways and means whatsoever, all and every such personand persons, with their ship or ships, armour, ammunition, or other goods of such persons as shall in hostile manner invade or attempt the deseating of the said plantation, or the hurt of the said company and inhabitants; and upon just causes to invade and destroy the natives, 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 lawsul for this our said colony of Rhode-Island and Providence Plantations in Ameiica, in New-England, to invade the'natives inhabiting within the bounds and limits of their said colonies,

without without the knowledge and consent of the said other colonies. And it is hereby declared, that it shall not be lawsul to or for the rest of the polonies to invade or molest the native Indians, or any other inhabitants, inhabiting within the bounds or limits hereafter mentioned (they having subjected themselves unto us, and being by us taken into our lpecial protection), without the knowledge and consent of the governor and company of our colony of Rhode-Island and Providence plantation. Also our will and pleasure is, and we do hereby declare unto all Christian kings, princes, and states, that is any person, which shall hereafter be of the said company or plantation, or any other by appointment of the said governor and company for the time being, shall at any time or times hereafter job or spoil, by sea or land, or do any hurt, or unlawsul hostility, to any of the subjects of us, our heirs, and successors, or to any of the subjects of any prince or state being then in league with us, our heirs, and 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 an'y such robbery or spoil, shall, within the time limited by such proclamation, make sull restitution or satissaction of all such injuries done or committed, so as'the said prince, or others so complaining, may be sully satisfied and contented ; and is the said person or persons who shall commit any such robbery or spoil, shall not make satissaction 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 lawsul and free for all princes or others, to prosecute with hostility such offenders, and e.very of them, their and every of their procurers, aiders, abettors, and councillors, 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 mannerhinder anyof our loving subjects whatsoever, from usingand exercising the trade of fishing upon the coast of New-England, in America, but that they, and every or any of them, shall nave sull 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 sea, or saltwater, rivers and creeks, where they have been accustomed to fish, and to build and set upon the waste land belonging to the saii colony and plantations such wharfs, stages, and work-houses,as shallbe necessary for thesalting,drying, and keeping, of their fish to be taken or gotten upon that coast. And surther, for the encouragement of che inhabitants of our said colony of Providence plantation, to set upon the business of taking whales, it shall be lawsul for them, or any of them, having struck a whale, dubertus, or other great fish, it or them to pursue unto that coast, and into any bay, river, cove, creek or shore, belonging

longing thereto, and it or then*, upon the said coast, or in the said bay, rirer, cove, creek, or shore, belonging thereto, to kill and order for the best advantage, without molestation, they making no wilsul waste or spoil ; any thing in these presents contained, or any other matter or thing' to the contrary notwithstanding. And further also, we are gFaciously pleased, and do hereby declare, that is any of the inhabitants of our said colony do set upon the planting of vineyards, (the foil and climate both seeming rfaturally 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, /ind surther, of our more ample grace, certain, knowledge, and mere motion, we have given and granted, and by these preients, 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 plantation in the Narraganset 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, sull 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 desence 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 bv 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, merchandise, and other things whatsoever, that are or shall.be usesul or necessary for the said plantations, and desence 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 surther, 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 z-:z already planted and settled within our said colony of Providence plantation, 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, (hall 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 is they and every of them were born within the realm of England. And surther know ye, that we, of our more abundant grace, certain, knowledge, and mcfe motion, have given, granted, and comssrmed, and by these presents, . '. - * for for us, our heirs and successors, do give, grant and confirm, unto the said governor and company, an.d their successors, all that part of our dominions, in New-England, in America, containing the Nahantick and Nanhygansett, alias Narraganlet 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 strait line drawn due north, until it meet 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 north-east of the most eastern and north-eastern parts of the aforesaid Narraganset bay, as the said bay lieth 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 eastwardly side or bank of the said river (higher called by the name of Seacunrk riverj up to the salls called Patucket salls, being the mofr westwardly line of Plymouth colony; and so from the said salls, in a strait 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 town of Providence, Patuxit, Warwicke, Misquammacock, alias Pawcatuck, and the rest upon the main land, in the' tract aforesaid, together with Rhode-Island, Blocke-Island, and all the rest of the islands and banks in the Narragansct-bay, and bordering upon the coast of the tract aforesaid, (Fisher's island only excepted) together With all firm lands, foils, grounds, harens, ports, rivers, waters, fishings, mines royal, and all other mines, minerals, pYccious stones,, quarries, jjroods, wood-grounds, rocks, slates, and all and singular other commodities, jurisdictions, royalties, privileges, franchises, pre-eminences and hereditaments whatsoever, within the said tract, bounds, lands, and islands aforesaid, 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 for ever, upon trust, for the use and benefit of themselves, and their associates, freemen of the said colony, their heirs and affigns. 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 knights service. Yielding and paying." therefore so 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, sines, forseitures, made or to be made4 claims or demands whatsoever, to be to us, our heirs or successors, therefore or thereabout rendered, made or paid; any grant z .or

[graphic]
« ForrigeFortsett »