and grant unto the said Governor and Company, and their fucceffors, by these presents, that it shall and may be lawful to and for the faid Governor, or in his abfence the Deputy-Governor and major part of the said Affistants for the time being, at any time, when the faid General Affembly is not fitting, to nominate, appoint, and conftitute fuch and fo many Commanders, Governors, and Military Officers, as to them fhall feem requifite, for the leading, conducting, and training up the inhabitants of the faid Plantations in martial affairs, and for the defence and fafeguard of the faid Plantations ; and that it shall and may be lawful to and for all and every fuch Commander, Governor, and Military Officer, that shall be so as aforesaid, or by the Governor, or in his absence the Deputy-Governor and fix of the Affiftants, and major part of the freemen of the faid Company prefent at any General Affemblies, nominated, appointed, and conftituted, according to the tenor of his and their respective commiffions and directions, to affemble, exercife in arms, marshal, array, and put in warlike posture, the inhabitants of the faid colony, for their efpe cial per cial defence and fafety; and to lead and conduct the faid inhabitants, and to encounter, repulse, and refift by force of arms, as well by fea as by land, to kill, flay, and destroy, by all fitting ways, enterprizes, and means whatsoever, all and every fuch perfon or perfons as shall at any time hereafter attempt or enterprife the destruction, invafion, detriment, or annoyance of the faid inhabitants or Plantations; and to use and exercise the law martial in fuch cases only as occafion fhall neceffarily require; and to take and surprise, by all ways and means whatsoever, all and fuch every fon and perfons, with their fhip or ships, armour, ammunition, or other goods of such perfons as fhall in hoftile manner invade or attempt the defeating of the faid Plantation, or the hurt of the said Company and inhabitants and upon just causes to invade and destroy the natives, Indians, or other enemies of the faid colony. Nevertheless, our will and pleasure is, and we do hereby declare to the reft of our Colonies in New-England, that it shall not be lawful for this our faid Colony of Rhode-Island and Providence Plantations,in America,in New-En 14 : gland, gland, to invade the natives inhabiting within the bounds and limits of their faid Colonies, without the knowledge and confent of the faid other Colonies. And it is hereby declared, that it shall not be lawful to or for the rest of the Colonies to invade or moleft 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 confent of the Governor and Company of our Colony of Rhode-Island and Providence Plantation. Alfo our will and pleasure is, and we do hereby declare unto all Christian Kings, Princes, and States, that if any perfon, which shall hereafter be of the faid Company or Plantation, or any other by appointment of the faid Governor and Company for the time being, shall at any time or times hereafter rob or fpoil, by fea or land, or do any hurt, or unlawful hoftility, to any of the subjects of us, our heirs and fucceffors, or to any of the subjects of any Prince or State being then in league with us, our heirs and fucceffors; upon com plaint plaint of fuch injury done to any fuch Prince or State, or their fubjects, we, our heirs and fucceffors, will make open proclamation, within any parts of our realm of England fit for that purpofe, that the person or perfons committing any fuch robbery or spoil fhall within the time limited by fuch proclamation, make full reflitution or fatisfaction of all fuch injuries done or committed, so as the faid Prince, or others fo complaining, may be fully fatisfied and contented; and if the faid perfon or perfons who shall commit any fuch robbery or fpoil, fhall not make fatisfaction accordingly, within such time so to be limited, that then we, our heirs and fucceffors, will put fuch perfon or perfons out of our allegiance and protection; and that then it fhall and may be lawful and free for all Princes, or others, to profecute with hoftility fuch offenders, and every of them, their and every of their procurers, aiders, abettors, and councillors, in that behalf. Provided alfo, and our exprefs will and pleasure is, and we do by these prefents, for us, our heirs and fucceffors, ordain and appoint, that these prefents fhall not in any manper hinder any of our loving fubjects whatso upon ever, from using and exercising the trade of fishing the coast of New-England, in America, but that they, and every or any of them, fhall have full and free power and liberty to continue and use the trade of fishing upon the faid coaft, in any of the feas thereunto adjoining, or any arms of the fea, or falt water, rivers and creeks, where they have been accustomed to fifh, and to build and fet upon the wafte land belonging to the faid Colony and Plantations. fuch wharfs, ftages, and work-houses, as fhall be neceffary for the falting, drying, and keeping of their fish to be taken or gotten upon that coaft. And further, for the encouragement of the inhabitants of our faid Colony of Providence Plantation to fet upon the bufinefs of taking whales, it fhall be lawful for them, or any of them, having ftruck a whale, dubertus, or other great fish, it or them to purfue unto that coaft, and into any bay, river, cove, creek or fhore, belonging thereto, and it or them, upon the faid coaft, or in the faid bay, river, cove, creek, or fhore belonging thereto, to kill and order for the best advantage, without molestation, they |