USA > Rhode Island > Providence County > Providence > Governors for three hundred years, 1638-1959; Rhode Island and Providence Plantations > Part 2
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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27
GOVERNORS OF RHODE ISLAND
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and to secure them in the free exercise and en- joyment of all their civil and religious rights, ap- pertaining to them, as our loving subjects; and to preserve unto them that liberty, in the true Christian faith and worship of God, which they have sought with so much travail, and with peaceable minds, and loyal subjection to our royal progenitors and ourselves, to enjoy; and be- cause some of the people and inhabitants of the same colony cannot, in their private opinions, conform to the public exercise of religion, ac- cording to the liturgy, forms and ceremonies of the Church of England, or take or subscribe the oaths and articles made and established in that behalf; and for that the same, by reason of the remote distances of those places, will (as we hope) be no breach of the unity and uniformity established in this nation: Have therefore thought fit, and do hereby publish, grant, ordain and declare, That our royal will and pleasure is, that no person within the said colony, at any time hereafter shall be any wise molested, pun- ished, disquieted, or called in question, for any differences in opinion in matters of religion, and do not actually disturb the civil peace of our said colony; but that all and every person and persons may, from time to time, and at all times hereafter, freely and fully have and enjoy his and their own judgments and consciences, in matters of religious concernments, throughout the tract of land hereafter mentioned, they behaving themselves peaceably and quietly, and not using this liberty to licentiousness and profaneness, nor to the civil injury or outward disturbance of others, any law, statute, or clause therein con- tained, or to be contained, usage or custom of this realm, to the contrary hereof, in any wise notwithstanding. And that they may be in the better capacity to defend themselves, in their just rights and liberties, against all the enemies of the Christian faith, and others, in all respects, we have further thought fit, and at the humble petition of the persons aforesaid are graciously pleased to declare, That they shall have and en- joy the benefit of our late act of indemnity and free pardon, as the rest of our subjects in other our dominions and territories have; and to cre- ate and make them a body politic or corporate, with the powers and privileges hereinafter men- tioned. And accordingly our will and pleasure is, and of our especial grace, certain knowledge,
and mere motion, we have ordained, constituted and declared, and by these presents, for us, our heirs and successors, do ordain, constitute and declare, That they the said William Brenton, William Codington, Nicholas Easton, Benedict Arnold, William Boulston, John Porter, Samuel Gorton, John Smith, John Weeks, Roger Wil- liams, Thomas Olney, Gregory Dexter, John Cog- geshall, Joseph Clarke, Randall Holden, John Greene, John Roome, William Dyre, Samuel Wildbore, Richard Tew, William Field, Thomas Harris, James Barker, Rainborrow,-Williams, and John Nickson, and all such cthers as now are, or hereafter shall be, admitted and made free of the company and society of our colony of Provi- dence Plantations, in the Narragansett Bay, in New England, shall be, from time to time, and forever 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 Eng- land, in America; and that, by the same name, they and their successors shall and may have perpetual succession, and shall and may be per- sons able and capable, in the law, to sue and be sued, to plead and be impleaded, to answer, and be answered unto, to defend and to be defended, in all and singular suits, causes, quarrels, mat- ters, actions and things, of what kind or nature soever; and also to have, take, possess, acquire, and purchase lands, tenements or hereditaments, or any goods or chattels, and the same to lease, grant, demise, aliene, bargain, sell and dispose of, at their own will and pleasure, as other our liege people of this our realm of England, or any cor- poration or body politic, within the same, may lawfully do. And further, that they the said Gov- ernor and Company, and their successors, shall and may, forever hereafter have a common seal, to serve and use for all matters, causes, things, and affairs, whatsoever, of them, and their suc- cessors; and the same seal to alter, change, break, and make new, from time to time, at their will and pleasure, as they shall think fit. And further, we will and ordain, and by these presents, for us, our heirs, and successors, do declare and ap- point that, for the better ordering and managing of the affairs and business of the said Company, and their successors, there shall be one Governor, one Deputy-Governor and ten Assistants, to be from time to time, constituted, elected and
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chosen, out of the freemen of the said Com- pany, for the time being, in such manner and form as is hereafter in these presents expressed, which said officers shall apply themselves to take care for the best disposing and ordering of the general business and affairs of and concerning the lands, and hereditaments hereinafter men- tioned to be granted, and the plantation there- of, and the government of the people there. And, for the better execution of our royal pleasure herein, we do, for us, our heirs and successors, assign, name, constitute, and appoint the afore- said Benedict Arnold to be the first and present Governor of the said Company, and the said William Brenton to be the Deputy Governor, and the said William Boulston, John Porter, Roger Williams, Thomas Olney, John Smith, John Greene, John Coggeshall, James Barker, William Field, and Joseph Clarke, to be the ten present Assistants of the said Company, to con- tinue in the said several offices, respectively, un- til the first Wednesday which shall be in the month of May now next coming. And further, we will, and by these presents, for us, our heirs, and successors, do ordain and grant that the Gov- ernor of the said Company, for the time being, or, in his absence, by occasion of sickness or oth- erwise, by his leave and permission, the Deputy- Governor, for the time being, shall and may, from time to time, upon all occasions, give order for the assembling of the said Company and call- ing them together, to consult and advise of the business and affairs of the said Company. And that forever hereafter, twice in every year, that is to say, on every first Wednesday in the month of May, and on every last Wednesday in Octo- ber, or oftener, in case it shall be requisite, the Assistants and such of the freemen of the said Company, not exceeding six persons for New- port, four persons for each of the respective towns of Providence, Portsmouth and Warwick, and two persons for each other place, town or city, who shall be, from time to time, there- unto elected or deputed by the major part of the freemen of the respective towns or places for which they shall be so elected or deputed, shall have a general meeting or assembly, then and there to consult, advise and determine, in and about the affairs and business of the said Company and Plantations. And, further, we do, of our especial grace, certain knowledge, and
mere motion, give and grant unto the said Gov- ernor and Company of the English colony of Rhode Island and Providence Plantations, in New England, in America, and their successors, that the Governor, or, in his absence, or, by his permission, the Deputy-Governor of the said Company, for the time being, the Assistants, and such of the freemen of the said Company as shall be so as aforesaid elected or deputed, or so many of them as shall be present at such meeting or assembly, as aforesaid, shall be called the General Assembly; and that they, or the
greatest part of them present, whereof the Gov- ernor or Deputy-Governor, and six of the As- sistants, at least to be seven, shall 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 such days, times and places of meeting and Gen- eral Assembly, as they shall think fit; and to choose, nominate and appoint, such and so many other persons as they shall think fit, and shall be willing to accept the same, to be free of the said Company and body politic, and them into the same to admit; and to elect and constitute such offices and officers, and to grant such needful commissions, as they shall think fit and requisite, for the ordering, managing, and dispatching of the affairs of the said Governor and Company, and their successors; and from time to time, to make, ordain, constitute or repeal, such laws, statutes, orders and ordinances, forms and cere- monies of government and magistracy, as to them shall seem meet, for the good and welfare of the said Company, and for the government and or- dering of the lands and hereditaments, herein- after mentioned to be granted, and of the peo- ple that do, or at any time hereafter shall, in- habit or be within the same; so as such laws, or- dinances and constitutions, so made, be not con- trary and repugnant unto, but as near as may be, agreeable to the laws of this our realm of England, considering the nature and constitu- tion of the place and people there; and also to appoint, order and direct, erect and settle, such places and courts of jurisdiction, for the hear- ing and determining of all actions, cases, mat- ters and things, happening within the said colony and plantation, and which shall be in dispute, and depending there, as they shall think fit; and also to distinguish and set forth the several
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names and titles, duties, powers and limits, of each court, office and officer, superior and in- ferior; and also to contrive and appoint such forms of oaths and attestations, not repugnant, but as near as may be agreeable, as aforesaid, to the laws and statutes of this our realm, as are convenient and requisite with respect to the due administration of justice, and due execution and discharge of all offices and places of trust by the persons that shall be therein concerned, and also to regulate and order the way and manner of all elections to offices and places of trust, and to prescribe, limit and distinguish the numbers and bounds of all places, towns or cities, within the limits and bounds hereinafter mentioned, and not herein particularly named, who have, or shall have, the power of electing and sending of freemen to the said General Assembly; and also to order, direct and authorize the impos- ing of lawful and reasonable fines, mulcts, im- prisonments, and executing other punishments, pecuniary and corporal, upon offenders and de- linquents, according to the course of other cor- porations within this our kingdom of Eng- land; and again to alter, revoke, annul or par- don, under their common seal, or otherwise, such fines, mulcts, imprisonments, sentences, judg- ments and condemnations, as shall 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 shall seem meet; whereby our said people and inhabitants in the said Plantations, may be so religiously, peaceably and civilly governed, as that by their good life and orderly conversation, 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, com- manding and requiring and by these presents for us, our heirs and successors, ordaining and appointing, that all such laws, statutes, orders and ordinances, instructions, impositions and directions, as shall be so made by the Governor, Deputy-Governor, Assistants and freemen, or such number of them as aforesaid, and published in writing, under their common seal, shall be carefully and duly observed, kept, performed and put in execution, according to the true in- tent and meaning of the same. And these our letters patent, or the duplicate or exemplifica-
tion thereof, shall be to all and every such of- ficer, superior or inferior, from time to time, for the putting of the same orders, laws, statutes, ordinances, instructions and directions in due execution, against us, our heirs and successors, a sufficient warrant and discharge. And further, our will and pleasure is, and we do hereby, for us, our heirs and successors, establish and or- dain, that yearly, once in the year, forever here- after, namely, the aforesaid Wednesday in May, and at the town of Newport, or elsewhere, if urgent occasion do require, the Governor, Dep- uty-Governor and Assistants of the said Com- pany, 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 As- sembly to be held from that day or time, newly chosen for the year ensuing, by such greater part of the said Company, for the time being, as shall be then and there present; and if it shall happen that the present Governor, Deputy-Gov- ernor and Assistants, by these presents appoint- ed, or any such as shall hereafter be newly chosen into their rooms, or any of them, or any other 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 any misde- meanor or default, to be removable by the Gov- ernor, 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, Assis- tants and Company aforesaid, or such greater part of them, so to be assembled as is aforesaid, in any their assemblies, to proceed to a new elec- tion 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 discretions; and immediately upon and after such election or elections made of such Governor, Deputy-Governor, Assistant or As- sistants, 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 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 de- termine: Provided always, and our will and
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pleasure is, that as well such as are by these presents appointed to be the present Governor, Deputy-Governor and Assistants of the said Com- pany, as those that shall succeed them, and all cther officers to be appointed and chosen as aforesaid, shall, before the undertaking the ex- ecution of the said offices and places respective- ly, 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 Ar- nold, who is hereinbefore nominated and ap- pointed the present Governor of the said Com- pany, shall give the aforesaid engagement be- fore William Brenton, or any two of the said Assistants of the said Company; unto whom we do by these presents give full power and au- thority 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 re- ceive 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 hereinbefore nominated and appointed the present Assistants of the said 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, admin- ister, 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 officers and
places respectively belonging, before the Gov- ernor or Deputy-Governor, for the time being; unto which said Governor, or Deputy-Governor we do by these presents give full power and au- thority 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 peaceable and orderly government of the said Plantations, it shall and may be lawful for the Governor, Dep- uty-Governor, Assistants and all other officers and ministers of the said Company, in the ad- ministration of justice, and exercise of Govern- ment, in the said Plantations, to use, exercise, and put in execution, such methods, rules, orders and directions, not being contrary or repugnant to the laws and statutes of this our realm, as have been heretofore given, used and accus- tomed, in such cases respectively, to be put in practice, until at the next or some other Gen- eral Assembly, special provision shall be made and ordained 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-Gov- ernor and major part of the said Assistants, for the time being, at any time when the said Gen- eral Assembly is not sitting, to nominate, ap- point and constitute, such and so many com- manders, Governors, and military officers as to them shall seem requisite, for the leading con- ducting and training up the inhabitants of the said Plantations in martial affairs, and for the defense and safeguard of the said Plantations; and that it shall and may be lawful to and for all and every such commander, governor, and mil- itary officer, that shall be so as aforesaid, or by the Governor, or in his absence, the Deputy- Governor, and six of the said Assistants, 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 commissions and directions to assemble, exercise in arms, martial array, and put in warlike posture, the inhabitants of the said colony, for their special defence and safety; and to lead and conduct the said inhabitants, and to encounter, expulse,
GOVERNORS OF RHODE ISLAND
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expel and resist, by force of arms, as well by sea as by land, and also to kill, slay and destroy, by all fitting ways, enterprise and means, what- soever, all and every such person or persons as shall, at any time hereafter, attempt or enter- prise the destruction, invasion, detriment or an- noyance 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 or surprise, by all ways and means whatsoever, all and every such person and per- sons, with their ship or ships, armor, ammuni- tion, or other goods of such persons, as shall, in hostile manner, invade or attempt the defeating of the said Plantations, or the hurt of the said Company and inhabitants; and upon just causes, to invade and destroy the native Indians, or oth- er 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 their said Colonies, without the knowledge and con- sent 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 inhabit- ing within the bounds and limits hereafter men- tioned, (they have subjected themselves unto us, and being by us taken into our special pro- tection,) 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 de- clare unto all Christian Kings, Princes and States, that if any person, which shall hereafter be of the said Company or Plantations, 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 or successors, or any of the subjects of any Prince or State, being then in league with us, our heirs or successors, upon complaint of such injury done to any such Prince or State, or their subjects, we, our heirs and suc- cessors, will make open proclamation within any parts of our realm of England, fit for that pur- pose, that the person or persons committing any
such robbery or spoil shall, within the time limited by such proclamation, make full resti- tution, or satisfaction of all such injuries, done or committed, so as the said Prince, or others so complaining, may be fully satisfied, and con- tented; 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 coun- sellors, in that behalf: Provided also, and our ex- press will and pleasure is, and we do, by those presents, for us, our heirs and successors, or- dain and appoint that these presents, shall not, in any manner, hinder any of our loving sub- jects, 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 ad- joining, or any arms of the seas, or salt water, rivers and creeks, where they have been accus- tomed 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, dry- ing and keeping of their fish, to be taken or gotten upon that coast. And further, for the en- couragement of the inhabitants of our said Col- ony of Providence Plantations to set upon the business of taking whales, it shall be lawful for them, or any of them, having struck whale, dubertus, or other great fish, it or them to pur- sue unto any part of that coast, and into any bay, river, cove, creek, or shore, belonging there- to, 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; anything in these presents con- tained, or any other matter or thing, to the con- trary, 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
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climate both seeming naturally 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 al- low all due and fitting encouragement therein, as to others, in cases of like nature. And further, of our more ample race, certain knowledge, and mere motion, we have given and granted, and by these presents, for us, our heirs and succes- sors, do give and grant unto the said Governor and Company of the English Colony of Rhode Island and Providence Plantations, in the Nar- ragansett 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 plan- tation 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 re- strained 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, chat- tels, merchandizes and other things whatsoever, that are or shall be usful or necessary for the said Plantations, and defence thereof, and usual- ly 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 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 succes- sors, 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 in- habit 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 im- munities of free and natural subjects within any the dominions of us, our heirs and successors, to all intents, constructions and purposes, whatso-
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