Memoir of Roger Williams, the Founder of the State of Rhode-Island

by James D. Knowles

“And further, our will and pleasure is, and we do hereby, for us, our heirs and successors, establish and ordain, that, yearly, once in the year, forever hereafter, namely, the aforesaid Wednesday in May, and at the town of Newport, or elsewhere, if urgent occasion do require, the Governor, Deputy Governor, and Assistants of the said company, and other officers of the said company, or such of them as the General Assembly shall think fit, shall be in the said General Court or Assembly, to be held from that day or time, newly chosen for the year ensuing, by the greater part of the said company for the time being, as shall be then there present. And if it shall happen that the present Governor, Deputy Governor, and Assistants, by these presents appointed, or any such as shall hereafter be newly chosen into their respective rooms, or any of them, or any other of the officers of the said company, shall die, or be removed from his or their several offices or places, before the said general day of election, (whom we do hereby declare, for a misdemeanor or default, to be removable by the Governor, Assistants and company, or such greater part of them, in any of the said public Courts to be assembled as aforesaid,) that then, and in every such case, it shall and may be lawful to and for the said Governor, Deputy Governor, Assistants, and Company aforesaid, or such greater part of them, so to be assembled, as is aforesaid, in any of their assemblies, to proceed to a new election of one or more of their company, in the room or place, rooms or places, of such officer or officers, so dying, or removed, according to their directions. And immediately upon and after such election or elections made of such Governor, Deputy Governor, Assistant, or Assistants, or any other officer of the said company, in manner and form aforesaid, the authority, office and power, before given to the former Governor, Deputy Governor, and other officer or 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, Deputy Governor, and Assistants of the said company, as those which shall succeed them, and all other officers to be appointed and chosen as aforesaid, shall, before the undertaking the execution of the said 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 said 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 said Company, unto whom we do, by these presents, give full power and authority to require and receive the same: and the said William Brenton, who is hereby before nominated and appointed the present Deputy Governor of the said Company, shall give the aforesaid engagement before the said Benedict Arnold, or any two of the Assistants of the said Company, unto whom we do, by these presents, give full power and authority to require and receive the same: and the said William Boulston, John Porter, Roger Williams, Thomas Olney, John Smith, John Greene, John Coggeshall, James Barker, William Field, and Joseph Clarke, who are herein before nominated and appointed the present Assistants of the Company, shall give the said engagement to their offices and places respectively 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 same: 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 said engagement before two or more of the said Assistants of the said Company, for the time being, unto whom we do, by these presents, give full power and authority to require, administer, or receive the same: and the said Assistants, 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 said Governor, or Deputy Governor, we do, by these presents, give full power and authority to require, administer, or receive the same accordingly.

“And we do likewise, for us, our heirs and successors, give and grant unto the said Governor and Company, and their successors, by these presents, that for the more peaceably and orderly government of the said plantations, it shall and may be lawful for the Governor, Deputy Governor, Assistants, and all other officers and ministers of the said Company, in the administration of justice, and exercise of government, and the said plantations, to use, exercise, and put in execution, such methods, orders, rules, 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 further, for us, our heirs and successors, 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 said Assistants for the time being, at any time, when the said General Assembly is not sitting, 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 said plantations; that it shall and may be lawful 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 of the Assistants, and major part of the freemen of said Company, present at any general assemblies, nominated, appointed, and constituted, 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 said colony, for their especial defence and safety; 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, enterprises, and means whatsoever, all and every such person or persons as shall, at any time hereafter, attempt or enterprise 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 person or persons, with their ship, or ships, armor, ammunition, or other goods of such persons, as shall, in hostile manner, invade, or attempt the defeating of the said plantation, or the hurt of the said company and inhabitants; and, upon just cause, to invade and destroy the native 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 lawful for this our said colony of Rhode-Island and Providence Plantations, in America, in New-England, to invade the natives inhabiting within the bounds and limits of the said colonies, without the knowledge and consent of the said 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 Plantations.

“Also, our will and pleasure is, and we do hereby declare unto all Christian kings, princes, and states, that, if any person, who 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, rob or spoil, by sea or land, or do any hurt, or unlawful 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 part of our realm of England, fit for that purpose, that the person or persons committing any such robbery or spoil, shall, within the time limited by such proclamation, make full restitution or satisfaction of all such injuries done or committed, so as the said prince, or others, so complaining, may be fully satisfied and contented; and if the said person or persons, who shall commit any such robbery or spoil, shall not make satisfaction 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 lawful and free for all princes or others to prosecute with hostility such offenders, and every of them, their and every of their procurers, aiders, abettors, and counsellors, 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 manner hinder any of our loving subjects whatsoever from using and exercising the trade of fishing upon the coast of New-England, in America; but that they, and every or any of them, shall have full 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 salt water rivers and creeks, where they have been accustomed to fish; and to build and set upon the waste land, belonging to the said colony and plantations, such wharves, stages, and work-houses, as shall be necessary for the salting, drying, and keeping of their fish, to be taken or gotten upon that coast.

“And further, for the encouragement of the inhabitants of our said colony of Providence Plantations to set upon the business of taking whales, it shall be lawful for them, or any of them, having struck a whale, dubertus, or other great fish, it or them to pursue unto that coast, or into any bay, river, cove, creek, or shore, belonging thereto, and it or them upon the said coast, or in the said bay, river, cove, creek, or shore, belonging thereto, to kill and order for the best advantage, without molestation, they making no wilful waste or spoil; any thing in these presents contained, or any other matter or thing, to the contrary notwithstanding.

“And further, also, we are graciously pleased, and do hereby declare, that if any of the inhabitants of our said colony do set upon the planting of vineyards, (the soil and climate both seeming naturally to concur to the production of vines,) 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 a 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 said Governor and Company of the English colony of Rhode-Island and Providence Plantations, 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, 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 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 plantations, except such person or persons as are or shall be therein restrained by 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 useful, or necessary for the said 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 duties, customs, and subsidies, as are or ought to be paid or payable for the same.

“And further, 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 are already planted and settled within our said colony of Providence Plantations, 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, shall have and enjoy all liberties and immunities of free and natural subjects, within any of 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.