and authority to require, adminifter, or receive the fame. And farther, our will and pleasure is, that all and every other future governor, or deputy-governor, to be elected and chofen by virtue of these presents, hall give the faid engagement before two or more of the faid affiftants of the faid company for 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 ehofen 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 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 fuccessors, give and grant unto the said governor and company, and their fucceffors, by these prefents, that for the more peaceable and orderly government of the faid plantations, it shall and may be law ful for the governor, deputy-governor, affiftants, and all other officers and minifters of the faid company, in the administration of juftice and exercife of government in the said plantations, to use, exercife, and put in execution, fuch methods, rules, orders, and directions, not being contrary and repugnant to the laws and statutes of this our realm, as have been heretofore given, ufed, and accuftomed in fuch cafes refpectively, to be put in practice, until at the next or fome other general affembly, efpecial provifion shall be made in the cafes aforefaid. And we do farther, for us, our heirs and fucceffors, give and grant unto the faid governor and company, and their fucceffors, by thefe prefents, that it fhall and may be lawful to and for the faid governor, or, in his abfente, the deputy-governor and major part of the said afliftants for the time being, at any time when the faid general Affembly is not fitting, to nominate, appoint; and conftitute fuch and fo many commanders, governors, and military officers, as to them fhall feem requifite, for the leading, conducting, and training up the inhabitants of the faid plantations in martial affairs, and for the defence and fafeguard of the faid plantations; and that it fall and may be lawful to and for all and every fuch commander, governor, and military officer, that fhall be fo as aforefaid, or by the governor, or in his abfence the deputy-governor and fix of the affiftants, and major part of the freemen of the said company prefent at any general afïemblies, nominated, appointed,

and.

and conftituted, according to the tenor of his and their refpective commiffions and directions, to affemble, exercise in arms, marfhal, array, and put in warlike pofture, the inhabitants of the faid colony, for their efpecial defence and fafety; and to lead and conduct the faid inhabitants, and to encounter, repulfe, and refift by force of arms, as weli by fea as by land, to kill, flay, and destroy, by all fitting ways, enterprifes, and means whatfoever, all and every such perfon or perfons as fhall at any time hereafter attempt or enterprife the destruction, invasion, detriment, or annoyance of the faid inhabitants or plantations; and to use and exercife the law martial in fuch cafes only as occafion fhall neceffarily require; and to take and furprife, by all ways and means whatsoever, all and every fuch perfon and perfons, with their fhip or ships, armour, ammunition, or other goods of such persons as shall in hostile manner invade or attempt the defeating of the faid plantation, or the hurt of the faid company and inhabitants; and upon juft caufes to invade and deftroy the natives, Indians, or other enemies of the faid colony. Neverthelefs, our will and pleasure is, and we do hereby declare to the reft of our colonies in New-England, that it shall not be lawful for this our faid colony of Rhode-Ifland and Providence Plantations, in New-England, in America, to invade the natives inhabiting within the bounds and limits of their faid colonies, without the knowledge and confent of the faid other colonies. And it is hereby declared, that it fhall not be lawful to or for the reft of the colonies to invade or moleft the native Indians, or any other inhabitants, inhabiting within the bounds or limits hereafter mentioned (they having fubjected themselves unto us, and being by us taken into our special protection) without the knowledge and confent of the governor and company of our colony of Rhode-Ifland and Providence Plantation. Alfo our will and pleasure is, and we do hereby declare unto all Chriftian Kings, Princes, and States, that if any perfon, which fhall hereafter be of the faid 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 fea or land, or do any hurt, or unlawful hoftility, to any of the fubjects 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 fucceffors; upon complaint of fuch injury done to any fuch Prince or State, or their fubjects, we, our heirs and fucceffors, will make open proclamation, within any parts of our realms of England fit for that purpose, that the perion

VOL. II.

K k

perfon or perfons committing any fuch robbery or fpoil fhall, within the time limited by fuch proclamation, make full reftitution or fatisfaction of all fuch injuries done or committed, fo as the faid prince, or others fo complaining, may be fully fatisfied and contented; and if the faid perfon or perfons who fhall commit any fuch robbery or fpoil, fhall not make fatisfaction accordingly, within fuch time fo to be limited, that then we, our heirs and fucceffors, will put fuch per. fon or perfons out of our allegiance and protection; and that then it fhall and may be lawful and free for all princes, or others, to pro fecute with hoftility fuch offenders, and every of them, their and every of their procurers, aiders, abettors, and counsellors, in that behalf. Provided alfo, and our exprefs will and pleasure is, and we do by thefe prefents, for us, our heirs and fucceffors, ordain and appoint, that these prefent's fhall not in any manner hinder any of our loving fubjects whatfoever from ufing and exercising the trade of fishing upon the coaft 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 coast, in any of the feas thereunto adjoining, or any arms of the fea, or falt water, rivers and creeks, where they have been accuftomed to fish, and to build and fet upon the waste land belonging to the faid colony and plantations fuch wharfs, ftages, and workhouses, as shall be neceffary for the falting, drying, and keeping of their fifl: to be taken or gotten upon that coaft. And farther, for the encouragement of the inhabitants of our faid colony of Providence Plantation to fet upon the bufinefs of taking whales, it fhall be lawful for them, or any of them, having ftruck a whale, dubertus, or other great fish, it or them to pursue unto that coaft, and into any bay, river, cove, creek or fhore, belonging thereto, and it or them, upon the faid coaft, or in the faid bay, river, cove, creek, or fhore belonging thereto, to kill and order for the best advantage, without moleftation, they making no wilful wafte or fpoil; any thing in thefe prefents contained, or any other matter or thing to the contrary notwithstanding. And farther alfu, we are gra. cioufly 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 feeming naturally to concur to the produétion of wines) or be induftrious in the difcovery of fillingbanks, 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

cafes

cafes of like nature. And farther, of our more ample grace, certain knowledge, and mere motion, we have given and granted, and by thefe prefents, for us, our heirs and fucceffors, do give and grant, unto the faid governor and company of the English colony of Rhode-Ifland and Providence Plantation, in the Narraganfet bay, in New-England, in America, and to every inhabitant there, and to every perfon and perfons trading thither, and to every such person or perfons as are or fhall be free of the faid colony, full power and authority, from time to time, and at all times hereafter, to take, fhip, 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 fubjects 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 fucceffors, or any law or statute of this realm; and also to ship and transport all and all manner of goods, chattels, merchandize, and other things whatsoever, that are or fhall 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 fucceffors, fuch the duties, customs and fubfidies, as are or ought to be paid or payable for the fame. And farther, our will and pleasure is, and we do, for us, our heirs and fucceffors, ordain, declare and grant, unto the faid governor and company, and their fucceffors, that all and every the fubjects 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 fhall happen hereafter to be born there, or on the fea going thither or returning from thence, fhall have and enjoy all liberties and immunities of free and natural fubjects, within any the dominions of us, our heirs and fucceffors, to all intents, conftructions, and purposes whatsoever, as if they and every of them were born within the realm of England. And farther know ye, that we, of our more abundant grace, certain knowledge, and mere motion, have given, granted and confirmed, and by these presents, for us, our heirs and fucceffors, do give, grant and confirm unto the said governor and company, and their fucceffors, all that part of our dominions in New-England, in America, containing the Nahantick and Nanhyganfett, alias Narraganfet bay, and countries and parts

adjacent, bounded on the weft, or wefterly, to the middle or chan nel 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 ftream thereof reacheth or lies up into the north country, northward unto the head thereof, and from thence by a trait line drawn due north, until it meet with the fouth line of the Maffachusetts colony, and on the north or northerly, by the aforefaid 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-east of the most eastern and north-eastern parts of the aforefaid 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 fide or bank of the said river, (higher called by the name of Seacunck river) up to the falls called Patucket Falls, being the most weftwardly line of Plymouth colony; and fo from the faid falls, in a ftrait line due north, until it meet with the aforefaid line of the Maffachusetts colony, and bounded on the fouth by the ocean, and in particular the lands belonging to the towns of Providence, Patuxit, Warwicke, Mifquammacock, alias Pawcatuck, and the rest upon the main land, in the tract aforefaid, together with Rhode-Ifland, Blocke-Ifland, and all the rest of the islands and banks in the Narraganfet bay, and bordering upon the coast of the tract aforefaid, (Fisher's ifland only excepted) together with all firm lands, foils, grounds, havens, ports, rivers, waters, fifhings, mines royal, and all other mines, minerals, precious ftones, quarries, woods, woodgrounds, rocks, flates, and all and fingular other commodities, jurif dictions, royalties, privileges, franchifes, pre-eminencies, and hereditaments whatfoever, within the faid tract, bounds, lands, and iflands aforefaid, to them or any of them belonging, or in any wife appertaining. To have and to hold the fame unto the faid gover nor and company, and their fucceffors for ever, upon truft, for the ufe and benefit of themselves and their affociates, freemen of the faid colony, their heirs and affigns. To be holden of us, our heirs and fucceffors, as of the manner of East-Greenwich, in our county of Kent, in free and common foccage, and not in capite, nor by knights fervice. Yielding and paying therefor to 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, fhall be there gotten, had

or