Note G.page 319.

“JOHN WARNER,“Clerk of the Assembly.

“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.”

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 ProvidencePlantations, 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 subscribethe 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 ofThe 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, anddispose 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 companyof 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.

“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 complaintof 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 areor 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.

“And further, know ye, that we, of our more abundant grace, certain knowledge, and mere motion, have given, granted, and confirmed, and, by these presents, for us, our heirs and successors, do give, grant, and confirm unto the said Governor and Company, and their successors, all that part of our dominions, in New-England, in America, containing the Nahantick and Nanhyganset alias Narraganset Bay, and countries and parts adjacent, bounded on the west or westerly, to the middle or channel of a river there, commonly called and known by the name of Pawcatuck alias Pawcawtuck river; and so, along the said river, as the greater or middle stream thereof stretches or lies up into the north country northward unto the head thereof, and from thence, by a straight line drawn due north, until it meet with the south line of the Massachusetts colony; and on the north or northerly by the aforesaid south or southerly line of the Massachusetts colony or plantation, and extending towards the east or eastwardly three English miles, to the east and northeast of the most eastern and northeastern parts of the aforesaid Narraganset Bay, as the said Bay lieth or extendeth itself from the ocean, on the south or southwardly, unto the mouth of the river which runneth towards the town of Providence; and from thence, along the eastwardly side or bank of the said river, (higher called by the name of Seacunck) up to the falls called Patucket Falls, being the most westwardly line of Plymouth colony; and so, from the said falls, in a straight line, due north, until it meet with the aforesaidline of the Massachusetts colony, and bounded on the south by the ocean, and in particular the lands belonging to the town of Providence, Pawtuxet, Warwick, Misquammacock, alias Pawcatuck, and the rest upon the main land, in the tract aforesaid, together with Rhode-Island, Block-Island, and all the rest of the islands and banks in Narraganset bay, and bordering upon the coast of the tract aforesaid, (Fisher’s Island only excepted) together with all firm lands, soils, grounds, havens, ports, rivers, waters, fishings, mines royal, and all other mines, minerals, precious stones, quarries, woods, wood-grounds, rocks, slates, and all and singular other commodities, jurisdictions, royalties, privileges, franchises, pre-eminences, and hereditaments whatsoever, within the said tract, bounds, lands, and islands aforesaid, to them or any of them belonging, or in any wise appertaining; to have and to hold the same, unto the said Governor and company, and their successors forever, upon trust, for the use and benefit of themselves and their associates, freemen of the said colony, their heirs and assigns;—to be holden of us, our heirs and successors, as of the manor of East Greenwich, in our county of Kent, in free and common soccage, and not in capite, nor by knight’s service; yielding and paying therefor, to us, our heirs and successors, only the fifth part of all the ore of gold and silver which, from time to time, and at all times hereafter, shall be there gotten, had, or obtained, in lieu and satisfaction of all services, duties, fines, forfeitures, made or to be made, claims, or demands whatsoever, to be to us, our heirs, or successors, therefore or thereabout rendered, made, or paid; any grant or clause in a late grant to the Governor and Company of Connecticut colony, in America, to the contrary thereof in any wise notwithstanding; the aforesaid Pawcatuck river having been yielded, after much debate, for the fixed and certain bounds between these our said colonies, by the agents thereof, who have also agreed, that the said Pawcatuck river shall also be called alias Narogancett or Narraganset river, and to prevent future disputes, that otherwise might arise thereby, forever hereafter shall be construed, deemed, and taken to be the Narraganset river, in our late grant to Connecticut colony, mentioned as the easterly bounds of that colony.

“And further, our will and pleasure is, that, in all matters of public controversies, which may fall out between our colony of Providence Plantations, to make their appeal therein to us, our heirs and successors, for redress in such cases, within this our realm of England; and that it shall be lawful to and for the inhabitants of the said colony of Providence Plantations, without let or molestation, to pass and repass with freedom, into and through the rest of the English colonies, upon their lawful and civil occasions, and to converse and hold commerce and trade with such of the inhabitants of our other English colonies, as shall be willing to admit them thereunto, they behaving themselves peaceably among them, any act, clause, or sentence, in any of the said colonies provided, or that shall be provided, to the contrary in any wise notwithstanding.

“And lastly, we do, for us, our heirs and successors, ordain and grant unto the said Governor and Company, and their successors, by these presents, that these our letters patent shall be firm, good, effectual, and available, in all things in the law, to all intents, constructions,and purposes whatsoever, according to our true intent and meaning herein before declared, and shall be construed, reputed, and adjudged, in all cases most favorable on the behalf, and for the best benefit and behoof of the said Governor and Company, and their successors, although express mention, &c. In witness, &c.

“Witness, &c.Per Ipsum Regem.”

The following letter from that indefatigable antiquary, the late Theodore Foster, Esq. contains some interesting information, concerning the residence of Roger Williams, the time of his death, and the place where he was buried. It is copied from the Rhode-Island American, of July 16, 1819:

“To Mr. Williams Thayer, Jr.

“Foster, R. I. May 21, 1819.

“Dear Sir,

“I have, this afternoon, had the pleasure of receiving your polite letter of yesterday, requesting information relative to your worthy and distinguished ancestor, Mr. Roger Williams, the Founder of our State, and for some years its Chief Magistrate and patron. He was chosen President, Sept. 13, 1654, after his return from his second successful agency with the Long Parliament in England. In that office he was continued, by repeated elections, until May 19, 1657, when he was succeeded in it by Benedict Arnold.

“In answer to your queries, “At what time did Roger Williams depart this life? Where did he dwell in Providence? and where was he buried?” I can only say, that I never met with any record, printed or manuscript, which I thought more correct, as to the time of his death, than the account given by Mr. Backus, in his History of the Baptists, vol. i. p. 515. Governor Hutchinson, in his History of Massachusetts, vol. i. p. 43, says, that he died in the year 1682, forty-eight years after his banishment. Now, adding forty-eight years to the year of his removal from Salem to Providence, which, undoubtedly, was in 1636, it makes the year 1684 as the year of his death, though Governor Hutchinson, by mistake, says it was in 1682. From Mr. Williams’ writings, it appears that he was born in 1599; and, as he died in the eighty-fourth year of his age, it will make the year 1683, as stated by Mr. Backus, that in which his death happened.

“It appears of record, that on the 16th day of January, 1683, Mr. Williams, with others, signed a settlement of a controversy which had long existed between some of the people of Providence and some of those of Pawtuxet, relative to the Pawtuxet purchase; and that, on the 10th day of May following, John Thornton, in a letter to Mr. Hubbard, mentioned his death. So he must have died between January 16 and May 10, 1683.

“The freemen of Providence, in town meeting, July 15, 1771, appointed a committee, viz. Stephen Hopkins, Amos Atwell, and DariusSessions, Esqrs. to draft an inscription for a monument, which it was then intended to erect to his memory. In their vote on that occasion, Mr. Williams was called “the Founder of the Town and Colony.” The committee did nothing, and the business has slept from that time. In the summer of that year, (forty-eight years ago) when much was said respecting a monument for him, though nothing could be agreed on, his grave was shown to me, near the east end of the house lot now owned by Mr. Dorr. The foot grave-stone was then gone, and the top of the other broken off, so that only the lower part appeared, without any inscription. There were several other grave-stones near his, in memory of some of the Ashton family, who were connected with Mr. Williams, on which the inscriptions were entire. Thinking it a duty to preserve some knowledge of the place, where was deposited the dust of the founder of our State, I have repeatedly, of late years, sought for those monuments, without being able to find any traces of them; though I think I can, within a rod or two, show where they were placed, so that, on digging the ground, the graves may, perhaps, be discovered.

“There is no doubt but that Mr. Williams lived, the latter part of his life, upon the estate whereon he was buried, which was called the Crawford estate, after the connection of the Crawford and Fenner families, by the marriage of Gideon Crawford with Freelove Fenner, daughter of Arthur Fenner, April 13, 1687; which Arthur Fenner, July 31, 1688, gave to his three daughters, Freelove, Bethiah and Phebe, thirty-one acres of land, “in Providence Neck,” all which became the property of Mr. Crawford, who married Freelove Fenner, and I believe was exchanged or negotiated for Mr. Williams’ estate, near the spring.”[395]

As Mr. Williams’ grave and others before mentioned were on that estate, I applied, on the 12th of May, 1813, to Mrs. Mary Tripe, a descendant of the said Gideon Crawford, then in the seventy-second year of her age, for information respecting them. She was a woman of intelligence, good sense and information, and careful of what shesaid. She informed me that your ancestor, Roger Williams, lived in a house which was on the east side of the main street, a little south of the Episcopal church, the foundation whereof then remained, which she showed me, within sight of her house, and which I believe is also now removed, as I saw nothing of it, on looking for it, the last time I was in Providence. So transitory are all things pertaining to humanity! She told me there was no doubt that Mr. Williams was buried at the place which I have mentioned; that she had always been told so; and that she remembered seeing fruit trees growing there, when she was a girl; that her father once owned that and the estate where Moses Brown, Esq. now lives; and that there was a gang-way, fourteen feet wide, south of Mrs. Tripe’s house, given by Mr. Williams, to go to his spring, originally laid out from river to river, near which gang-way his house stood.

“I have an original letter, in the hand writing of Mr. Williams, to the freemen of the town of Providence, dated “11, 3, 60,” [May 11, 1660] claiming personal estate of John Clowson, who had been murdered by Waumaion, an Indian, on the 4th day of the preceding January, containing additional proof that Mr. Williams then lived near the spring before mentioned.

“I can give no satisfactory information relative to the other queries in your letter, but what may be derived from the records of Providence; nor have I any recollection of any circumstance which indicated that Mr. Williams left a will.

“It gives me pleasure to be able to furnish useful information to any of my friends, from documents in my possession. Though in haste, I have written diffusely, in answer to your letter. So far as it goes, I believe the information it contains is correct. That it may in some degree, answer your expectations, and the purpose for which you wanted it, is the wish of

“Yours, respectfully,THEODORE FOSTER.”

“Yours, respectfully,

THEODORE FOSTER.”

The following extracts from a letter, inserted in the American, of July 20, 1819, deserve to be inserted, as illustrative of the subject before us:

“Providence, July 17, 1819.

“Messrs. Goddard & Knowles,

“Observing, in your paper of yesterday, a letter from the Hon. Theodore Foster, respecting Roger Williams, the founder of this State, I am induced to lay before the public the following facts, communicated to me by the late Capt. Nathaniel Packard, of this town, about the year 1808. About fifty years since, there was some stir about erecting a monument to commemorate that distinguished divine, civilian and statesman, and there was a difference of opinion as to the place of his burial. Capt. Packard was then absent, but had he been present, he could have pointed out the very spot where Roger Williams’ house stood, and where he was buried. When he was about ten years old, one of the descendants of Roger Williams was buried at the family burying-ground, on the lot right back of the house of Sullivan Dorr, Esq. Those who dug the grave, dug directly upon the foot of the coffin, which the people there present told himwas Roger Williams’. They let him down into the new grave, and he saw the bones in the coffin, which was not wholly decayed, and the bones had a long, mossy substance upon them. Roger Williams was born in 1599, and died in 1683. Captain Packard was son of Fearnot Packard, who lived in a small house, standing a little south of the house of Philip Allen, Esq. and about fifty feet south of the noted spring. In this house Captain Packard was born, in 1730, and died in 1809, being seventy-nine years old. He was born forty-seven years after Williams died. So if he was ten years old when Williams’ descendant was buried, it was fifty-seven years after Williams died.

“As the people at the funeral of Williams’ descendant told Captain Packard that Williams was buried in the grave dug upon, there can be no doubt that Roger Williams was buried in the lot back of Mr. Dorr’s house, in his own family burying-ground, where I myself have seen stones to a number of the graves, within twenty years, which have since been removed. But, though the stones are not to be found, yet I cannot but venerate the spot where, I have no doubt, the dust of one of the greatest and best men that ever lived mingled with its mother earth.

“Mrs. Nabby Packard, widow of Captain Packard, who is eighty-five years old, told me, this day, that her late husband had often mentioned the above facts to her; and his daughter, Miss Mary Packard, states, that her father often told her the same.

“As to where Roger Williams’ dwelling-house stood, Captain Nathaniel Packard told me, that when he was a boy, he used to play in a cellar, which had a large peach-tree in it, which cellar, he said, was situate on a lot back of the house built by Thomas Owen, father of the late Hon. Daniel Owen, afterwards owned by Levi Whipple, and now owned by the heirs of the late Simeon H. Olney, directly north of the house owned by Ezra Hubbard, and near where an outbuilding now stands. The people, at that time, called it Roger Williams’ cellar. Mrs. Nabby Packard, Nathaniel Packard’s widow, told me this day, that she came to live where she now lives, when she was eighteen years old, which was sixty-seven years ago, and that she well remembers the cellar, and that it was called Roger Williams’ cellar. The site of the house was a little east of Roger Williams’ spring, and situate directly on the road laid out from said spring, to the upper ferry, (now Central Bridge.) The spring is called Roger Williams’ spring, and he owned the land all around it, being the very place where he sat upon the rock, and conversed with the Indians. The above facts, derived from Captain N. Packard, his widow and daughter, are indubitable evidences, that his house was where it is above stated to have been, and that he was buried in the lot back of Mr. Dorr’s house.”

It is hoped, that the prosperous city of Providence will not, much longer, endure the reproach of permitting her founder’s grave to remain without any memorial to indicate the spot. It is already too late, perhaps, to ascertain the precise place where his ashes lie, but it may be found, within a few feet. The ground around it ought to beobtained by the city, a handsome monument erected, and the whole enclosed within a permanent iron fence, and adorned with trees, shrubbery, &c. It would thus form an interesting spot, which the citizen would visit with interest, and which the stranger would seek as one of the principal points of attraction. It has been proposed to erect a monument in some other part of the city; but it would be absurd to place it any where else than on the spot where his bones are interred. The spot itself is interesting, because he owned it, and was buried there. It is surprising that his children ever allowed it to be sold.

In regard to the family of Mr. Williams, little is now known. Even his lineal descendants seem to have a very scanty knowledge of their ancestor. A few facts have been collected, though I cannot vouch for their accuracy.

His wife, it is supposed, survived him, but when and where she died, we know not.

It is nearly certain, that he left no will. He probably had very little, if any property, to bequeath.

He had six children:

1. Mary, born at Plymouth, the first week in August, 1633. Whether she was married or not, is uncertain. In Mr. Williams’ book against George Fox, he speaks of his daughterHart, as residing in Newport. Mary may have married a person of this name.

2. Freeborn, born at Salem, the end of October, 1635. Of her, nothing further is known to me.

3. Providence, born at Providence, the end of September, 1638. He died unmarried, in Newport [another account says, in Providence] March, 1685–6.

4. Marcy, born July 15, 1640. She was married to Resolved Waterman, of Warwick, by whom she had four sons and one daughter. After his death, she was married to Samuel Winsor, of Providence, by whom she had two sons and one daughter. After his death, she was married to —— Rhodes, of Pawtuxet, by whom she had several children.

5. Daniel, born February 15, 1641–2. He married Rebecca Power, widow of Nicholas Power. He died May 14, 1712. He had five sons, Peleg, Roger, Daniel, Joseph, Providence. Peleg had four sons, Peleg, Robert, Silas, Timothy; and two daughters, who were married to Daniel Fisk and John Fisk. Roger had two daughters, one of whom was married to Jonathan Tourtellot, and the other to David Thayer. Daniel died unmarried. Joseph had two sons, Benoni and Goliah. Providence had one daughter, Elizabeth.

6. Joseph, born the beginning of December, 1643. He married Lydia Olney, December 17, 1669. He had three sons, Joseph, Thomas and James. Joseph had one son, Jeremiah, and eight daughters, who were married to Francis Atwood, William Randall, Joseph Randall, John Randall, William Dyer, Benjamin Potter, Benjamin Congdon, John Dyer. Thomas had three sons, Joseph, Thomas and John, and several daughters. James had four sons, James, Nathaniel, Joseph and Nathan.

Joseph Williams lived, for several years, on a farm in Cranston, three or four miles from Providence, where he died, August17, 1724, in the eighty-first year of his age, and was buried in the family burying ground, on the farm, where his grave stone now stands, with this inscription:

“Here lies the body of Joseph Williams, Esq. son of Roger Williams, Esq. who was the first white man that came to Providence. He was born 1644. He died August 17, 1724, in the eighty-first year of his age.

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