1 and after such election or elections made of such governor, deputy-governor, assistant, or assistants, or any other officer of the faid company, in manner and form aforesaid, the authority, office, and power before given to the former governor, deputygovernor, 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, deputygovernor, and assistants of the said company, as those which shall fucceed them, and all other officers to be appointed and chosen as aforefaid, shall, before the undertaking the execution of the faid 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 faid Benedict Arnold, who is herein before 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 faid company, unto whom we do, by these presents, give full power and authority to require and receive the same; and the faid William Brenton, who is hereby before nominated and appointed the present deputy-governor of the faid company, shall give the aforesaid engagement before the said Benedict Arnold, or any two of the affiftants of the faid company, unto whom we do, by these, presents, give full power and authority to require and receive the fame; and the faid Wiliam Boulston, John Porter, Roger Williams, Thomas Olney, John Smith, John Greene, John Coger shall, James Barker, William Field, and, Joseph Clarke, who are herein before nominated and appointed the present assistants of the company, shall give the faid engagement to their offices and places refpectively 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 fame. 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 faid engagement before two or more of the faid affistants of the faid company for the time. being, unto whom we do, by these presents, give full, power and authority to require, adminifter, or receive the fame; and the faid affistants, 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 faid governor or deputy-governor, we do by these presents give full power and authority to require, adminifter, or receive the fame accordingly. And we do likewife for us, our heirs, and successors, give and grant grant unto the faid governor and company and their successors, by these presents, that for the inore 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 minifters of the faid 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 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 fome other general afssembly, especial provision shall be made in the cafes aforesaid. And we do further, for us, our heirs, and fucceffors, 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 faid afsistants for the time being, at any time, when the said general assembly is not fitting, 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 defence and safeguard of the faid plantations; and that it shall and may be lawful to and for all and every fuch commander, governor, and military officer, that shall be so as aforesaid, or by the governor, or in his absence the deputy-governor and fix of the assistants, and major part of the freemen of the faid company, present at any general affemblies, nominated, appointed, and conftituted, according to the tenor of his and their respective commissions and directions, to assemble, exercise in arms, marshal, array, and put in warlike posture, the inhabitants of the faid colony, for their especial defence and safety; and to lead and conduct the faid inhabitants, and to encounter, repulse, and refift by force of arms, as well by sea as by land, 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 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 perfon and perfons, with their ship or ships, armour, ammunition, or other goods of such persons as shall in hoftile manner invade or attempt the defeating of the said plantation, or the hurt of the faid company and inhabitants; and upon just causes to invade and destroy the natives, Indians, or other enemies of the faid 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 faid 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 without the knowledge and confent of the faid 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 or 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 plantation. Also our will and pleafure_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 plantation, or any other by appointment of the faid 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 hoftility, to any of the subjects of us, our heirs, and fucceffors, or to any of the fubjects of any prince or state being then in league with us, our heirs, and successors; upon complaint of such injury done to any fuch prince or state, or their fubjects, we, our heirs, and successors, will make open proclamation, within any parts of our realm of England, fit for that purpose, that the perfon or persons committing any fuch robbery or spoil, shall, within the time limited by such proclamation, make full restitution or fatisfaction of all such injuries done or committed, so as the faid prince, or others fo complaining, may be fully fatisfied and contented; and if the said perfon or persons who shall commit any fuch robbery or spoil, shall not make fatisfaction accordingly, within fuch time fo to be limited, that then we, our heirs and fuccessors, will put fuch person or perfons out of our allegiance and protection; and that then it shail and may be lawful and free for all princes or others, to profecute with hoftility fuch offenders, and every of them, their and every of their procurers, aiders, abettors, and council-lors, in that behalf. Provided also, and our express will and pleafure is, and we do by these presents, for us, our heirs and fucceffors, ordain and appoint, that these presents shall not in any manner hinder any of our loving fubjects whatsoever, from using and exercifing the trade of fishing upon the coast of New-England, in America, but that they, and every or any of them, fhall have full and free power and liberty to continue and use the trade of fishing upon the faid coaft, in any of the seas thereunto adjoining, or any arms of the fea, or falt water, rivers and creeks, where they have been accustomed to fish, and to build and set upon the waste Jand belonging to the faid colony and plantations such wharfs, stages, and work-houses, as shall be necessary for the falting, drying, and keeping, of their fish to be taken or gotten upon that coaft. And further, for the encouragement of the inhabitants of our faid colony of Providence plantation, to set upon the business of taking whales, it shall be lawful for them, or any of them, having ftruck a whale, dubertus, or other great fish, it or them to purfue unto that coaft, and into any bay, river, cove, creek or shore, belonging ; longing thereto, and it or them, upon the faid coaft, or in the faid bay, river, cove, creek, or shore, belonging thereto, to kill and order for the best advantage, without molestation, they making no wilful wafle or spoil; any thing in these presents contained, or any other matter or thing to the contrary notwithstanding. And further also, we are gracioufly pleased, and do hereby declare, that if any of the inhabitants of our faid colony do fet upon the planting of vineyards, (the foil 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 faid 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 faid 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 very inhabitant there, and to every perfon and perfons trading thither, and to every fuch perfon or perfons, as are or shall be free of the faid 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 defence of the faid colony, fuch and fo many of our loving subjects and strangers, as shall or will willingly accompany them in and to their faid colony and plantation, except fuch perfon or perfons as are or shall be therein reftrained by us, our heirs and fucceflors, or any law or ftatute 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 useful or neceffary for the faid plantations, and defence 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 fubfidies, as are or ought to be paid or payable for the fame. And further, our will and pleasure is, and we do, for us, our heirs and fuccefiors, ordain, declare, and grant, unto the faid governor and company, and their fuccessors, that all and every the subjects of us, our heirs and fucceffors, which are already planted and fettled within our faid colony of Providence plantation, or which shall hereafter go to inhabit within the faid 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 fea going thither or returning from thence, shall have and enjoy all liberties and immunities of free and natural fubjects, 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 comfirmed, and by these presents, for for us, our heirs and fucceffors, do give, grant and confirm, unto the faid governor and company, and their fuccessors, all that part of our dominions, in New-England, in America, containing the Nahantick and Nanhyganfett, alias Narraganset 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 fo along the faid 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 fouth line of the Massachusetts colony, and on the north or northerly, by the aforesaid fouth or foutherly line of the Maffachusetts colony or plantation, and extending towards the east or eastwardly three English miles, to the east and north-eaft of the moft eastern and north-eastern parts of the aforesaid Narraganset bay, as the faid bay lieth or extendeth itself from the ocean on the fouth or fouthwardly, unto the mouth of the river which runneth towards the town of Providence, and from thence along the eastwardly side or bank of the faid river (higher called by the name of Seacunek river) up to the falls called Patucket falls, being the most westwardly line of Plymouth colony; and so from the faid falls, in a strait line due north, until it meet with the aforesaid line of the Maffachusetts colony, and bounded on the fouth 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 aforefaid, together with Rhode-Island, Blocke-Island, and all the rest of the islands and banks in the Narraganfet-bay, and bordering upon the coaft of the tract aforesaid, (Fisher's island only excepted) together with all firm lands, foils, grounds, havens, ports, rivers, waters, fishings, mines royal, and all other mines, minerals, precious stones, quarries, woods, wood-grounds, rocks, flates, and all and fingular other commodities, jurifdictions, royalties, privileges, franchises, pre-eminences and hereditaments whatsoever, within the said tract, bounds, lands, and ifslands aforesaid, to them or any of them belonging, or in any-wife appertaining. To have and to hold the fame, unto the faid governor and company, and their successors for ever, upon truft, for the use and benefit of theinselves, and their afsociates, freemen of the faid colony, their heirs and affigns. To be holden of us, our heirs and fuccessors, 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 tó us, our heirs and fucceffors, only the fifth part of all the ore of gold and filver, which from time to time, and at all times hereafter, shall be there gotten, had or obtained, in lieu and fatisfaction of all services, duties, fines, forfeitures, made or to be made, claims or demands whatsoever, to be to us, our heirs or fucceffors, therefore or thereabout rendered, inade or paid; any grant |