Chapter XXX: Appendix: NOTE A. p. 23 (2)

“My humble respects presented, with congratulations and prayers to
the Most High, for your merciful preservations in and through these
late bloody and burning times, the peaceable travelling and
assembling amongst the ruins and rubbish of these late desolations,
which the Most High hath justly brought upon us. I crave your gently
leave to tell you, that I humbly conceive I am called of God to
present your wisdoms with what light I can, to make your
difficulties and travails the easier. I am sore grieved that a
self-seeking contentious soul, who has long afflicted this town and
colony, should now, with his unseasonable and unjust clamor, afflict
our Royal Sovereign, his honorable Council, New and Old England, and
now your honored selves, with these his contentious courses. For
myself, it hath pleased God to vouchsafe me knowledge and experience
of his providences in these parts, so that I should be ungratefully
and treacherously silent at such a time. When his Majesty’s
Commissioners, Col. Nichols, &c. were here, I was chosen by this
colony, one of the commissioners to treat with them and with the
commissioners from Plymouth, who then were their honored Governor
deceased, and honored present Governor, about our bounds. It then
pleased the Father of mercies, in whose most high and holy hands the
hearts of all men are, to give me such favor in their eyes, that
afterward, at a great assembly at Warwick, where (that firebrand)
Philip, his whole country, was challenged by the Narraganset
sachems, I was sent for, and declared such transactions between old
Canonicus and Ousamaquin, that the commissioners were satisfied, and
confirmed unto the ungrateful monster his country. The Narraganset
sachems (prompted by some English) told the commissioners, that Mr.
Williams was but one witness, but the commissioners answered that
they had such experience of my knowledge in these parts, and
fidelity, that they valued my testimony as much as twenty witnesses.

“Among so many passages since W. Har. (so long ago) kindled the
fires of contention, give me leave to trouble you with one, when if
W. H. had any desire by equal and peaceable converse with men, this
fire had been quenched; our General Court, Mishauntatuk men and W.
Har. agreed that arbitration should heal this old sore. Arbitrators
were chosen, and Mr. Thomas Willet was chosen umpire. He, when they
met, told them that the arbitrators should consider every plea with
equity, and allot to every one what the arbitrators’ consciences
told them was right and equal. Mishauntatuk men yielded, W.
Carpenter, then one with W. Har., yielded. W. Har. cried out no; he
was resolved, all or none; so the honored soul, Mr. Willet (as he
himself told me) could not proceed, but was forced to draw up a
protest to acquit himself and the arbitrators from this trust, that
the obstruction might only be laid on W. Har. his shoulders,
concerning whom a volume might be written, of his furious, covetous,
and contentious domineering over his poor neighbors. I have
presented a character of him to his Majesty, (in defence of myself
against him) in my narrative against George Fox, printed at Boston.
I think it not seasonable here to trouble your patience with
particulars as to the matter. I humbly refer myself to my large
testimony, given in writing, at a Court of Trials on the Island,
before the honored gentleman, deceased, Mr. W. Brenton, then
Governor. At the same time Mr. William Arnold, father to our honored
present Governor, and Stukely Westcott, father to our Governor’s
wife, gave in their testimony with mine, and W. Har. was cast. In
that testimony, I declare not only how unrighteous, but also how
simple is W. Harris his ground of pleading, viz. after Miantinomo
had set us our bounds here in his own person, because of the envious
clamors of some against myself, one amongst us (not I) recorded a
testimony or memorandum of a courtesy added (upon request) by the
sachem, in these words, _up stream without limits_. The courtesy was
requested and granted, that being shortened in bounds by the sachem
because of the Indians about us, it might be no offence if our few
cows fed up the rivers where nobody dwelt, and home again at night.
This hasty, unadvised memorandum W. H. interprets of bounds set to
our town by the sachems; but he would set no bounds to our cattle,
but up the streams so far as they branched or run, so far all the
meadows, and at last all the uplands, must be drawn into this
accidental courtesy, and yet, upon no consideration given, nor the
sachem’s knowledge or hand, nor witnesses, nor date, nor for what
term of time this kindness should continue.

“Second. In my testimony, I have declared that Miantinomo having set
such short bounds (because of the Indians) upon my motion, payments
were given by us to Alexander and Philip, and the Narraganset
sachems, near two hundred and fifty pounds, in their pay, for inland
enlargements, according to leave granted us by the General Court
upon our petition. This after purchase and satisfaction to all
claimers, W. Harris puts a rotten title upon it, and calls it
confirmation, a confirmation of the title and grant of _up streams
without limits_; but all the sachems and Indians, when they heard of
such an interpretation, they cried _commoobin_, lying and stealing,
as such a cheat as stunk in their pagan nostrils.

“Honored Sirs, let me now add to my testimony, a list of several
persons which the right and disposing of all or considerable part of
these Narragansets, and Coweset, and Nipmuck lands, &c.

“First. The colony of Connecticut, by the King’s grant and charter,
by the late wars, wherein they were honorably assistant.

“Second. The colony of Plymouth, by virtue of Tacommaicon’s
surrender of his person and lands to their protection, and I have
seen a letter from the present Governor Winslow, to Mr. Richard
Smith, about the matter.

“Third. The colony of Rhode-Island and Providence Plantations, by
grant from his Majesty and confirmation from his Majesty’s
commissioners, who called these lands the King’s Province, and
committed the ordering of it to this colony, until his Majesty
further order.

“Fourth. Many eminent gentlemen of the Massachusetts and other
colonies, claim by a mortgage and forfeiture of all lands belonging
to Narraganset.

“Fifth. Our honored Governor, Mr. Arnold, and divers with him, are
out of a round sum of money and cost, about a purchase from
Tacummanan.

“Sixth. The like claim was and is made by Mr. John Brown, and Mr.
Thomas Willet, honored gentlemen and their successors, * * * from
purchase with Tacummanan, and I have seen their deeds, and Col.
Nichols his confirmation of them, under hand and seal, in the name
of the King’s Majesty.

“Seventh. Wm. Harris pleads _up streams without limits_, and
confirmation from the other sachems of the _up streams, &c._

“Eighth. Mishuntatuk men claim by purchase from Indians by
possession, buildings, &c. * * * * [worn out and oblit.] * * *

“Ninth. Captain Hubbard and some others, of Hingham * * * by
purchase from the Indians.

“Tenth. John Tours, of Hingham, by three purchases from Indians.

“Eleventh. William Vaughan, of Newport, and others, by Indian
purchase.

[The next following No. is 13: there is no 12.]

“Thirteenth. Randall, of Scituate,[393] and White, of Taunton, and
others, by purchase from Indians.

“Fourteenth. Edward Inman, of Providence, by purchase from the
natives.

“Fifteenth. The town of Warwick, who challenge twenty miles, about
part of which, Will. Harris contending with them, it is said, was
the first occasion of W. Har. falling in love with this his
monstrous Diana _up streams without limits_, that so he might
antedate and prevent (as he speaks) the blades of Warwick.

“Sixteenth. The town of Providence, by virtue of Canonicus’ and
Miantinomo’s grant renewed to me again and again, viz. of as large a
plantation and accommodation as any town in the country of
New-England. It is known what favor God pleased to give me with old
Canonicus, (though at a dear-bought rate) so that I had what I would
(so that I observed my times of moderation;) but two or three
envious and ungrateful souls among us cried out, What is R.
Williams? We will have the sachem come and set our bounds for us;
which he did, and (because of his Indians round about us) so sudden
and so short, that we were forced to petition to our General Court
for enlargement.

“Honored Sirs, there be other claims, and therefore I presume your
wisdoms will send forth your proclamations to all the colonies, that
all the claims may come in before your next meeting; and Oh that it
would please the Most High to move the colonies’ hearts to empower
you, and move your hearts to be willing, (being honorably rewarded)
and the hearts of the claimers to acquiesce and rest in your
determination. And Oh let not the colonies of Connecticut and
Rhode-Island to be offended, if I humbly beseech them, for God’s
sake, for the King’s sake, for the country of New-England’s sake,
and for their own souls’ and selves’ and posterity’s sakes, to
prevent any more complaints and clamors to the King’s Majesty, and
agree to submit their differences to the wisdoms of such solemn
commissioners chosen out of the whole country. I know there are
objections, but also know that love to God, love to the country and
posterity, will conquer greater matters, and I believe the King’s
Majesty, himself, will give us thanks for sparing him and his
honorable Council from being troubled with us.

“Honored gentlemen, if his Majesty and honorable Council knew how
against all law of England, Wm. Harris thus affects New and Old
England, viz. that a vast country should be purchased, and yet be
but a poor courtesy from one sachem, who understood no such thing,
nor they that begged it of him, who had not, nor asked any
consideration for it, who was not desired to set his hand to it, nor
did; nor are there the hands of witnesses, but the parties
themselves, nor no date, nor term of time, for the use of feeding
cows, up streams without limits, and yet these words, (_up streams
without limits_) by a sudden and unwary hand so written, must be the
ground of W. Har. this raising a fire about these thirty years
unquenchable. If his Majesty and Council knew how many of his good
subjects are claimers and competitors to these lands and meadows up
the streams of Pawtuxet and Pawtucket, though only one comes thus
clamoring to him, to cheat all the rest. If his Majesty and Council
knew this confirmation W. H. talks of, what a grand cheat it is,
stinking in the nostrils of all Indians, who subscribed to and only
confirmed only such bounds as were formerly given us, and W. Harris
clamors that they confirmed Miantinomo’s grant of up streams without
limits, a thing which they abhor to hear of, and (amongst others)
was one great occasion of their late great burning and slaughtering
of us.” * * * *

* * * * *

“_Narraganset, 10th June, 1682 (ut vulgo.)_

“I testify, as in the presence of the all-making and all-seeing God,
that about fifty years since, I coming into this Narraganset
country, I found a great contest between three sachems, two (to wit,
Canonicus and Miantinomo) were against Ousamaquin, on Plymouth side,
I was forced to travel between them three, to pacify, to satisfy all
their and their dependents’ spirits of my honest intentions to live
peaceably by them. I testify, that it was the general and constant
declaration, that Canonicus his father had three sons, whereof
Canonicus was the heir, and his youngest brother’s son, Miantinomo,
(because of youth,) was his marshal and executioner, and did nothing
without his uncle Canonicus’ consent; and therefore I declare to
posterity, that were it not for the favor God gave me with
Canonicus, none of these parts, no, not Rhode-Island, had been
purchased or obtained, for I never got any thing out of Canonicus
but by gift. I also profess, that, very inquisitive of what the
title or denomination Narraganset should come, I heard that
Narraganset was so named from a little island between Puttiquomscut
and Musquomacuk on the sea and fresh water side. I went on purpose
to see it; and about the place called Sugar-Loaf Hill, I saw it, and
was within a pole of it, but could not learn why it was called
Narraganset. I had learnt, that the Massachusetts was called so,
from the Blue Hills, a little island thereabout; and Canonicus’
father and ancestors, living in those southern parts, transferred
and brought their authority and name into those northern parts, all
along by the sea-side, as appears by the great destruction of wood
all along near the sea-side; and I desire posterity to see the
gracious hand of the Most High, (in whose hands are all hearts) that
when the hearts of my countrymen and friends and brethren failed me,
his infinite wisdom and merits stirred up the barbarous heart of
Canonicus to love me as his son to his last gasp, by which means I
had not only Miantinomo and all the lowest sachems my friends, but
Ousamaquin also, who, because of my great friendship with him at
Plymouth, and the authority of Canonicus, consented freely, being
also well gratified by me, to the Governor Winthrop and my enjoyment
of Prudence, yea of Providence itself, and all the other lands I
procured of Canonicus which were upon the point, and in effect
whatsoever I desired of him; and I never denied him or Miantinomo
whatever they desired of me as to goods or gifts or use of my boats
or pinnace, and the travels of my own person, day and night, which,
though men know not, nor care to know, yet the all-seeing Eye hath
seen it, and his all-powerful hand hath helped me. Blessed be his
holy name to eternity.

ROGER WILLIAMS.”

“September 28th, 1704. I then, being at the house of Mr. Nathaniel
Coddington, there being presented with this written paper, which I
attest, upon oath, to be my father’s own hand writing.

JOSEPH WILLIAMS, _Assistant_.”

“February 11th, 1705. True copy of the original, placed to record,
and examined per me.

“WESTON CLARKE, _Recorder_.”

NOTE D. p. 180.

[From Hazard’s State Papers, vol. i.]

Report of Arbitrators at Providence, containing proposals for a form of government:

_“Providence, the 27th of the 5th month,_ }
_in the year (so called) 1640._ }

“We, Robert Coles, Chad Browne, William Harris, and John Warren,
being freely chosen by the consent of our loving friends and
neighbors, the inhabitants of this town of Providence, having many
differences amongst us, they being freely willing, and also bound
themselves to stand to our arbitration, in all differences amongst
us, to rest contented in our determination, being so betrusted, we
have seriously and carefully endeavored to weigh and consider all
these differences, being desirous to bring to unity and peace,
although our abilities are far short in the due examination of such
weighty things, yet so far as we conceive in laying all things
together, we have gone the fairest and the equallest way to produce
our peace.

“I. Agreed. We have, with one consent, agreed, that in the parting
those particular proprieties which some of our friends and neighbors
have in Pawtuxet from the general common of our town of Providence,
to run upon a straight line upon a fresh spring, being in the gully
at the head of that cove, running by that point of land called
Sassafras, unto the town of Mashapaug, to an oak tree standing near
unto the corn-field, being at this time the nearest corn-field unto
Pawtuxet, the oak tree having four marks with an axe, till some
other landmark be set for a certain bound. Also we agree, that if
any meadow ground lying and joining to that meadow that borders upon
the river of Pawtuxet, come within the aforesaid line, which will
not come within a straight line from long cove to the marked tree,
then for that meadow to belong to Pawtuxet, and so beyond the town
of Mashapaug from the oak tree between the two fresh rivers Pawtuxet
and Wanasquatucket, of an even distance.

“II. Agreed. We have with one consent agreed that for the disposing
of those lands that shall be disposed, belonging to this town of
Providence, to be in the whole inhabitants by the choice of five men
for general disposal, to be betrusted with disposal of lands and
also of the town’s stock, and all general things, and not to receive
in any in six days as townsmen, but first to give the inhabitants
notice to consider if any have just cause to show against the
receiving of him, as you can apprehend, and to receive none but such
as subscribe to this our determination. Also we agree, that if any
of our neighbors do apprehend himself wronged by these or any of
these five disposers, that at the general town meeting he may have a
trial.

“Also, we agree for the town to choose, beside the other five men,
one or more to keep record of all things belonging to the town and
lying in common.

“We agree, as formerly hath been the liberties of the town, so still
to hold forth liberty of conscience.

“III. Agreed, that after many considerations and consultations of
our own State and also of other States abroad, in way of government,
we apprehend no way so suitable to our condition as government by
way of arbitration. But if men agree themselves by arbitration, no
State we know of disallows that, neither do we. But if men refuse
that which is but common humanity between man and man, then to
compel such unreasonable persons to a reasonable way, we agree that
the five disposers shall have power to compel him either to choose
two men himself, or if he refuse, for them to choose two men to
arbitrate his cause, and if these four men chosen by every party do
end the cause, then to see their determination performed, and the
faultive to pay the arbitrators for their time spent in it. But if
these four men do not end it, then for the five disposers to choose
three men to put an end to it. And for the certainty hereof we agree
the major part of the five disposers to choose the three men, and
the major part of the three men to end the cause, having power from
the five disposers, by a note under their hand, to perform it; and
the faultive not agreeing in the first to pay the charge of the
last, and for the arbitrators to follow no employment until the
cause be ended, without consent of the whole that have to do with
the cause.

“Instance. In the first arbitration, the offender may offer
reasonable terms of peace, and the offended may exact upon him, and
refuse and trouble men beyond reasonable satisfaction; so for the
last arbitrators to judge where the fault was, in not agreeing in
the first, to pay the charge in the last.

“IV. Agreed, that if any person damnify any man, either in goods or
good name, and the person offended follow not the cause upon the
offender, that if any person give notice to the five disposers, they
shall call the party delinquent to answer by arbitration.

“Instance. Thus, if any person abuse another in person or goods, may
be for peace sake a man will at present put it up, and it may so be
resolve to revenge: therefore, for the peace of the State, the
disposers are to look to it in the first place.

“V. Agreed, for all the whole inhabitants to combine ourselves to
assist any man in the pursuit of any party delinquent, with all our
best endeavors to attack him; but if any man raise a hubbub, and
there be no just cause, then for the party that raised the hubbub to
satisfy men for their time lost in it.

“VI. Agreed, that if any man have a difference with any of the five,
then he may have the clerk call the town together at his for a
trial.

“Instance. It may be a man may be to depart the land, or to a far
part of the land, or his estate may lie upon a speedy trial, or the
like case may fall out.

“VII. Agreed, that the town, by five men, shall give every man a
deed of all his lands lying within the bounds of the plantation to
hold it by for after ages.

“VIII. Agreed, that the five disposers shall, from the date hereof,
meet every month day upon general things, and at the quarter day to
yield a new choice, and give up their old accounts.

“IX. Agreed, that the clerk shall call the five disposers together
at the month day, and the general town together every quarter, to
meet upon general occasions, from the date hereof.

“X. Agreed, that the clerk is to receive for every cause that comes
to the town for a trial, 4_d._; for making each deed, 12_d._; and to
give up the book to the town at the year’s end, and yield to a new
choice.

“XI. Agreed, that all acts of disposal on both sides to stand
since the difference.

“XII. Agreed, that every man who hath not paid in his purchase money
for his plantation, shall make up his 10_s._ to be 30_s._ equal with
the first purchases; and for all that are received townsmen
hereafter to pay the like sum of money to the town stock.

“These being those things we have generally concluded on for our
peace, we desiring our loving friends to receive as our absolute
determination, laying ourselves down as subject to it.”

NOTE E. page 198.

_The first Charter, copied from 2 His. Coll. ix. pp. 185–8._

“Whereas, by an ordinance of the Lords and Commons, now assembled in
Parliament, bearing date the second day of November, Anno Domini
1643, Robert, Earl of Warwick, is constituted, and ordained governor
in chief, and lord high admiral of all those islands and other
plantations inhabited or planted by, or belonging to any his Majesty
the King of England’s subjects, (or which hereafter may be inhabited
and planted by, or belong to them) within the bounds, and upon the
coasts of America:

“And whereas the said Lords have thought fit and thereby ordained
that Philip Earl of Pembroke, Edward Earl of Manchester, William
Viscount, Say and Seal, Philip Lord Wharton, John Lord Rolle,
members of the House of Peers; Sir Gilbert Gerrard, Baronet, Sir
Arthur Haslerig, Baronet, Sir Henry Vane, jr. Knight, Sir Benjamin
Rudyard, Knight, John Pym, Oliver Cromwell, Dennis Bond, Miles
Corbet, Cornelius Holland, Samuel Vassal, John Rolle, and William
Spurstow, Esqrs. members of the House of Commons, should be
commissioners to join in aid and assistance with the said Earl. And
whereas, for the better government and defence, it is thereby
ordained, that the aforesaid governor and commissioners, or the
greater number of them, shall have power, and authority, from time
to time, to nominate, appoint, and constitute all such subordinate
governors, counsellors, commanders, officers, and agents, as they
shall judge to be best affected, and most fit, and serviceable for
the said islands and plantations; and to provide for, order and
dispose all things, which they shall, from time to time, find most
advantageous for the said plantations: and for the better security
of the owners and inhabitants thereof, to assign, ratify, and
confirm, so much of their aforementioned authority and power, and in
such manner, and to such persons, as they shall judge to be fit for
the better governing and preserving of the said plantations and
islands, from open violences and private disturbances and
distractions. And whereas there is a tract of land in the continent
of America aforesaid, called by the name of Narraganset Bay,
bordering northward and northeast on the patent of Massachusetts,
east and southeast on Plymouth patent, south on the ocean, and on
the west and northwest by the Indians called Nahigganneucks, alias
Narragansets, the whole tract extending about twenty-five English
miles, unto the Pequod river and country.

“And whereas, well affected and industrious English inhabitants, of
the towns of Providence, Portsmouth and Newport, in the tract
aforesaid, have adventured to make a nearer neighborhood and society
with the great body of the Narragansets, which may, in time, by the
blessing of God upon their endeavors, lay a sure foundation of
happiness to all America; and have also purchased, and are
purchasing of and amongst the natives, some other places, which may
be convenient, both for plantations, and also for building of ships,
supply of pipe staves, and other merchandise.

“And whereas the said English have represented their desire to the
said Earl, and commissioners, to have their hopeful beginnings
approved and confirmed, by granting unto them a free charter of
civil incorporation and government; that they may order and govern
their plantation in such a manner, as to maintain justice and peace,
both among themselves, and towards all men with whom they shall have
to do. In due consideration of the said premises, the said Robert,
Earl of Warwick, governor in chief, and lord high admiral of the
said plantations, and the greater number of the said commissioners,
whose names and seals are hereunder written and subjoined, out of a
desire to encourage the good beginnings of the said planters, do, by
the authority of the aforesaid ordinance of the Lords and Commons,
give, grant, and confirm, to the aforesaid inhabitants of the towns
of Providence, Portsmouth and Newport, a free and absolute charter
of incorporation, to be known by the name of _The Incorporation of
Providence Plantation, in the Narraganset Bay, in New-England_.
Together with full power and authority, to rule themselves, and such
others as shall hereafter inhabit within any part of the said tract
of land, by such a form of civil government, as by voluntary consent
of all, or the greater part of them, they shall find most suitable
to their estate and condition; and, for that end, to make and ordain
such civil laws and constitutions, and to inflict such punishments
upon transgressors, and for execution thereof, so to place, and
displace officers of justice, as they, or the greatest part of them,
shall by free consent agree unto. _Provided_, _nevertheless_, that
the said laws, constitutions, and punishments, for the civil
government of the said plantations, be conformable to the laws of
England, so far as the nature and constitution of the place will
admit. And always reserving to the said Earl, and commissioners, and
their successors, power and authority for to dispose the general
government of that, as it stands in relation to the rest of the
plantations in America, as they shall conceive, from time to time,
most conducing to the general good of the said plantations, the
honor of his Majesty, and the service of the State. And the said
Earl and commissioners do further authorize, that the aforesaid
inhabitants, for the better transacting of their public affairs, to
make and use a public seal, as the known seal of the Providence
Plantations, in the Narraganset Bay, in New-England. In testimony
whereof, the said Robert, Earl of Warwick, and commissioners, have
hereunto set their hands and seals, the fourteenth day of March, in
the nineteenth year of our sovereign lord King Charles, and in the
year of our Lord God, 1643.

ROBERT WARWICK,
PHILIP PEMBROKE,
SAY AND SEAL,
P. WHARTON,
ARTHUR HASLERIG,
COR. HOLLAND,
H. VANE,
SAM. VASSAL,
JOHN ROLLE,
MILES CORBET,
W. SPURSTOW.[394]”

NOTE F. page 226.

The following document, written, evidently, by Mr. Williams, is an appropriate introduction to the charter of the town of Providence.

“To our loving and well-betrusted friends and neighbors, Gregory Dexter, William Wickenden, Thomas Olney, Robert Williams, Richard Waterman, Roger Williams, William Field, John Greene, John Smith, John Shippett.

“We, the greater part of the inhabitants of this plantation of Providence, having orderly chosen you at our town meeting this 16th of the 3d mo. 1647, to appear for us, at the General Court of this colony, to be held at Portsmouth, on Rhode-Island, upon the 18th of this inst. month, desiring the Lord’s providence for your safe arrival there, we all voluntarily assenting, do hereby give you full power and authority as followeth: First, to act and vote for us respectively or otherwise, as if we ourselves were in person, for the settling of this General Court for the present, and for the composing of it into any figure for the future, as cause shall require. Secondly, to act and vote for us as aforesaid in the choice of all general officers, as need shall require. Thirdly, if the General Court shall consist of but ten men for each town, then you are to act accordingly for this town; and if the General Court shall be reduced into a fewer number, which, for divers considerations, we conceive may be for the best, then we give you full power to choose from among yourselves, such a number of our loving neighbors as shall answer the same figure, unto whom, being orderly chosen by you, we do give you power to transfer this our commission, giving of them full power to act and vote for us, the inhabitants of this plantation, in all general affairs, and for the settling of the island in peace and union, and for all matters that shall concern this particular town, desiring a careful respect unto these ensuing instructions. But, if the Court shall consist of ten of each town, then our desires are, that this our commission, with the ensuing instructions, may remain entire in your hands.

“First. That we may have a true copy of our charter assigned unto us by the General Court, for the proper use of our plantation.

“Secondly. We do voluntarily and are freely willing to receive and be governed by the laws of England, together with the way of administration of them, so far as the nature and constitution of this plantation will admit, desiring, so far as possibly may be, to hold a correspondency with the whole colony in that model that hath been lately shown unto us by our worthy friends of the island, if the General Court shall complete and confirm the same, or any other model as the General Court shall agree upon according to our charter.

“Thirdly. We desire to have full power, and authority to transact all our home affairs, to try all manner of causes or cases, and to execute all manner of executions entirely within ourselves, excepting such cases and executions as the colony shall be pleased to reserve to general trials and executions.

“Fourthly. We desire to have full power and authority to choose, ordain, authorize and confirm, all our particular town officers, and also that the said officers shall be responsible unto our particular town, and that there may be no intermixture of general and particular officers, but that all may know their bounds and limits.

“Fifthly. We desire to have an exact and orderly way open for appeals unto General Courts, that so, if any shall be justly grieved at any sentence passed or otherwise, he or they may make their lawful charge for relief there.

“Lastly. Whereas, it was hinted in that which our worthy friends unto us, that each town should have a charter of civil incorporation, apart, for the transacting of particular affairs, if the Court shall proceed so far as to agitate and order the same, then we give you full power, on our behalf, to move and procure any thing beside these instructions, that in your wisdom you conceive may tend unto the general peace or union of the colony and our own particular liberties and privileges, provided you do all, _or the most of you, unanimously_ agree therein, and always reserving our equal votes and equal privileges in the general.

“Thus betrusting you with the premises, we commit you unto the protection and direction of the Almighty, wishing you a comfortable voyage, a happy success, and a safe return unto us again.

“Your thankful friends and neighbors,
“ROGER WILLIAMS,
_Moderator_.”

_Charter of the Town of Providence._

“Whereas, by virtue of a free and absolute charter of civil incorporation, granted to the free inhabitants of this colony of Providence, by the Right Honorable Robert, Earl of Warwick, Governor in Chief, with the rest of the honorable commoners, bearing date the 14th day of March, anno. 1643, giving and granting full powers and authority unto the said inhabitants to govern themselves and such others as shall come among them, as also to make, constitute and ordain such laws, orders and constitutions, and to inflict such punishments and penalties, as is conformable to the laws of England, so near as the nature and constitution of the place will admit, and which may best suit the estate and condition thereof, and whereas the said towns of Providence, Portsmouth, Newport and Warwick are far remote each from other, whereby so often and free intercourse of help in deciding of difference and trying of causes and the like cannot easily and at all times be had and procured of that kind is requisite; therefore, upon the petition and humble request of the freemen of the town of Providence, exhibited unto this present session of General Assembly, wherein they desire freedom and liberty to incorporate themselves into a body politic, and we, the said Assembly, having duly weighed and seriously considered the premises, and being willing and ready to provide for the ease and liberty of the people, have thought fit, and by the authority aforesaid and by these presents, do give, grant and confirm unto the free inhabitants of the town of Providence, a free and absolute charter of civil incorporation and government, to be known by the Incorporation of Providence Plantation, in the Narraganset Bay, in New-England, together with full power and authority to govern and rule themselves, and such others, as shall hereafter inhabit within any part of the said Plantation, by such a form of civil government, as by voluntary consent of all, or the greater part of them, shall be found most suitable unto their estate and condition, and to that end to make and ordain such civil orders and constitutions, to inflict such punishments upon transgressors, and for execution thereof, and of the common statute laws of the colony, agreed unto, and the penalties, and so many of them as are not annexed already unto the colony Court of Trials, so to place and displace officers of justice, as they, or the greater part of them, shall, by one consent, agree unto. Provided, nevertheless, that the said laws, constitutions, and punishments, for the civil government of the said Plantation, be conformable to the laws of England, so far as the nature and constitution of the place will admit, yet always reserving to the aforesaid General Assembly, power and authority so to dispose the general government of that plantation, as it stands in reference to the rest of the plantation, as they shall conceive, from time to time, most conducing to the general good of the said plantation. And we, the said Assembly, do further authorize the aforesaid inhabitants to elect and engage such aforesaid officers upon the first second day of June annually. And moreover, we authorize the said inhabitants, for the better transacting of their public affairs, to make and use a public seal, as the known seal of Providence Plantation, in the Narraganset Bay, in New-England. In testimony whereof, we, the said General Assembly, have hereunto set our hands and seal, the 14th of March, Anno 1648.

“JOHN WARNER,
“_Clerk of the Assembly_.

_Portsmouth_.”

“The foregoing is as correct a copy of the charter of the town of Providence, as could be made from that on parchment in the Town Clerk’s office, taken this day, by and with the assistance of a copy, in the hand writing of Joseph Brown, son of Henry, and brother to Richard Brown, who was proprietors’ clerk. The parchment original not now being in all parts legible, the said copy I judge to be taken more than sixty years ago, and was of great use in decyphering that in the office.

“MOSES BROWN.

_20th 12th mo. 1810._”

NOTE G. page 319.

_Charter of Rhode-Island. granted by King Charles II. on the 8th of
July, 1663._

“Quintadecima pars Patentium Anno Regni Regis Caroli Secundi
Quintodecimo.

“Charles the Second, by the grace of God, &c., to all to whom these presents shall come, greeting: Whereas we have been informed, by the petition of our trusty and well-beloved subjects, John Clarke, on the behalf of Benedict Arnold, William Brenton, William Coddington, Nicholas Easton, William Boulston, John Porter, John Smith, Samuel Gorton, John Weekes, Roger Williams, Thomas Olney, Gregory Dexter, John Coggeshall, Joseph Clarke, Randall Houlden, John Greene, John Roome, Samuel Wildbore, William Field, James Barker, Richard Tew, Thomas Harris, and William Dyre, and the rest of the purchasers and free inhabitants of our island, called Rhode-Island, and the rest of the colony of Providence Plantations, in the Narraganset Bay, in New-England, in America: That they, pursuing with peace and loyal minds their sober, serious and religious intentions, of godly edifying themselves and one another in the holy Christian faith and worship, as they were persuaded, together with the gaining over and conversion of the poor ignorant Indian natives, in those parts of America, to the sincere profession and obedience of the same faith and worship, did not only, by the consent and good encouragement of our royal progenitors, transport themselves out of this kingdom of England, into America; but also, since their arrival there, after their first settlement amongst other of our subjects in those parts, for the avoiding of discord, and these many evils which were likely to ensue upon those, our subjects, not being able to bear, in those remote parts, their different apprehensions in religious concernments: and in pursuance of the aforesaid ends, did once again leave their desirable stations and habitations, and, with excessive labor and travail, hazard and charge, did transplant themselves into the midst of the Indian natives, who, as we are informed, are the most potent princes and people of all that country; where, by the good providences of God (from whom the plantations have taken their name) upon their labor and industry, they have not only been preserved to admiration, but have increased and prospered, and are seized and possessed, by purchase and consent of said natives, to their full content, of such lands, islands, rivers, harbors, and roads, as are very convenient, both for plantations and also for building of ships, supplying of pipe-staves and other merchandise, which lie very commodious, in many respects, for commerce, and to accommodate our southern plantations, and may much advance the trade of this our realm, and greatly enlarge the territories thereof; they having, by near neighborhood to, and friendly society with, the great body of Narraganset Indians, given them encouragement, of their own accord, to subject themselves, their people and land unto us; whereby, as is hoped, there may, in time, by the blessing of God upon their endeavors, be laid a sure foundation of happiness to all America:

“And whereas, in their humble address, they have freely declared, that it is much on their hearts (if they be permitted) to hold forth a lively experiment, that a most flourishing civil state may stand, and best be maintained, and that among our English subjects, with a full liberty in religious concernments; and that true piety, rightly grounded upon Gospel principles, will give the best and greatest security to sovereignty, and will lay in the hearts of men the strongest obligations to true loyalty:

“Now know ye, that we, being willing to encourage the hopeful undertaking of our said loyal and loving subjects, and to secure them in the free exercise and enjoyment of all the civil and religious rights appertaining 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 because some of the people and inhabitants of the same colony cannot, in their private opinion, conform to the public exercise of religion, according to the liturgy, form and ceremonies of the Church of England, to 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 anywise molested, punished, disquieted, or called in question, for any differences in opinion in matters of religion, who 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 own and their 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 contained, or to be contained, usage, or custom of this realm, to the contrary hereof, in anywise 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 enjoy the benefit of our late act of indemnity and free pardon, as the rest of our subjects in our other dominions and territories have, and to create or make them a body politic or corporate, with the powers and privileges hereinafter mentioned. 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 Coddington, Nicholas Easton, Benedict Arnold, William Boulston, John Porter, Samuel Gorton, John Smith, John Weekes, Roger Williams, Thomas Olney, Gregory Dexter, John Coggeshall, Joseph Clarke, Randall Houlden, John Greene, John Roome, William Dyre, Samuel Wildbore, Richard Tew, William Field, Thomas Harris, James Barker, —— Rainsborrow, —— Williams, and John Nickson, and all such others as are now, or hereafter shall be, admitted free of the company and society of our colony of Providence Plantations, in the Narraganset 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-England, in America_; and that by the same name they and their successors shall and may have perpetual succession, and shall and may be persons able and capable in the law to sue and be sued, to plead and be impleaded, to answer and to be answered unto, to defend and to be defended, in all and singular suits, causes, quarrels, matters, 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, alien, bargain, sell, and dispose of, at their own will and pleasure, as other our liege people of this our realm of England, or any corporation or body politic within the same, may lawfully do.

“And further, that they, the said Governor 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 successors: 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, declare and appoint, 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 chosen, out of the freemen of the said company, 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 mentioned to be granted, and the plantation thereof, 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 aforesaid 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 continue in the said several offices respectively, until 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 Governor of the said company, for the time being, or, in his absence, by occasion of sickness or otherwise, by his leave or permission, the Deputy Governor, for the time being, shall and may, from time to time, upon all occasions, give orders for the assembling of the said company, and calling 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 October, or oftener, in case it shall be requisite, the Assistants, and such of the freemen of the said company, not exceeding six persons for Newport, 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, thereunto 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 Governor 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 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 then present, (whereof the Governor, or Deputy Governor, and six of the Assistants 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 general assembly, as they shall think fit; and to choose, nominate, and appoint such and so many 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 ordering, managing and despatching of the affairs of the said Governor and company and their successors; and from time to time to make, ordain, constitute, and repeal, such laws, statutes, orders and ordinances, forms and ceremonies of government and magistracy, as to them shall seem meet, for the good and welfare of the said company, and for the government and ordering of the lands and hereditaments herein after mentioned to be granted, and of the people that do, or at any time hereafter shall, inhabit or be within the same; so as such laws, ordinances, and constitutions, so made, be not contrary and repugnant unto, but (as near as may be) agreeable to the laws of this our realm of England, considering the nature and constitution of the place and people there; and also to appoint, order, and direct, erect and settle such places and courts of jurisdiction, for hearing and determining of all actions, cases, matters, and things, happening within the said colony and plantation, which shall be in dispute and depending there, as they shall think fit; and also to distinguish and set forth the several names and titles, duties, powers, and limits, of each court, office, and officer, superior and inferior; 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 number and bounds of all places, towns, and cities, within the limits and bounds hereinafter mentioned, and not herein particularly named, that 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 imposing of lawful and reasonable fines, mulcts, imprisonment, and executing other punishments, pecuniary and corporal, upon offenders and delinquents, according to the course of other corporations, within this our kingdom of England; and again, to alter, revoke, annul, or pardon, under their common seal, or otherwise, such fines, mulcts, imprisonments, sentences, judgments, 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 civily 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, commanding, 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, 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 intent and meaning of the same. And these our letters patent, or the duplicate of exemplification thereof, shall be, to all and every such officers, 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.