fuch as will not give liberty to others. Rhode Island was formed into a distinct government by a charter granted in the fifteenth of King Charles the feeond. This charter gives to the inhabitants of this colony free liberty for the exercise of their religion, and makes Rhode Island a corporation politic, in name and fact, 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 fame name they and their fucceffors fhall and may have perpetual fucceffion, and shall and may be perfons capable in law to fue and plead for all their juft privileges. The governor and company were * RHODE ISLAND CHARTER. Charles the fecond, by the grace of God, &c. To all to whom thefe prefents fhall come, greeting. Whereas we have been informed by the humble petition of our trufty and well beloved subjects, John Clarke, on the behalf of Benjamin Arnold, William Brenton, William Codington, Nicholas Eaton, William Boulton, John Porter, John Smith, Samuel Gorton, John Weekes, Roger Williams, Thomas Olney, Gregory Dexter, John Cogefhall, Jofeph 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 purchafers, and free inhabitants of our illand called Rhode Island, and the reft of the colony of Providence Plantations, in the Naraganfet bay, in New England in America, That they, purfing with peace and loyal minds, their fober, serious, and religious intentions, of godly edifying themfelves, and one another in the holy Chriftian faith and wor fhip as they were perfuaded, together with the gaining over and converfion of the poor ignorant Indian atives, in thofe parts of America, to the fincere profession and obe to dience of the fame faith and worfhip, did not only by the confent and good encouragement of our royal progenitors, tranfport themfelves out of this kingdom of England into America; but alfo fince their arrival there, after their first fettlement amongst other our fubjects in thofe parts, for avoiding of difcord, and thofe many evils which were likely to enfue upon those our fubjects, not being able to bear in thofe remote parts their different apprehenfions in religious concernments; and in purfuance of the aforefaid ends, did once again leave their defirable ftations and habitations, and with exceffive labour and travel, hazard and charge, did transplant themselves into the midst of the Indian natives who, as we are informed, are the moft potent princes and people of all that country; whereby the good providence of God (from whom the plantations have taken their name) upon their labour and induftry, they have not only been preferved to admiration, but have increated and profpered, and are feized and poffeffed, by purchase and confent of the faid natives, to their full 'content, of fuch lands, islands, rivers, barbours, and roads as are very convenient both for plantations, to have a common feal, and the governor might af femble the company as often as he pleafed. The governor, by the charter, was to be elected annually by the general affembly in the month of May, and every accidental vacancy, by death, or otherwife, was to be filled up by the affembly. The governor and deputygovernor were to take an oath for the due and faithful performance of their duty, and all other inferior officers were to govern the colony, according to the laws that were then in being and in ufe, as far as they were and alfo for building of ships, fup- jects, and to fecure them in the ply of pipeftaves, and other mer free exercife and enjoyment of all chandize, and which lies very com- their civil and religious rights ap-. modious in many refpects for com- pertaining to them as our loving merce, and to accommodate our fubjects; and to preferve unto them fouthern plantations, and may that liberty in the true Chriftian much advance the trade of this faith and worship of God, which our realm, and greatly enlarge the they have fought with fo much the territories thereof, they having, travel, and with peaceable minds by near neighbourhood to, and and loyal fubjection to our royal friendly fociety with, the great bo- progenitors, and ourselves, to endy of the Narraganset Indians, gi- joy and because fome of the peo-. ven them encouragement, of their ple and inhabitants of the fame coown accord, to fubject themfelves, lony cannot, in their private opitheir people and lands, unto us; nion, according to the liturgy, whereby (as is hoped) there may, form, and ceremonies of the church in time, by the bleffing of God up- of England, or take or fubfcribe on their endeavours, be laid a fure the oaths and articles made and efoundation of happiness to all A- stablished in that behalf; and for merica. And whereas, in their that the fame, by reafon of the rehumble addrefs, they have freely mote diftances of thofe places, will, declared, Fhat it is much on their as we hope, be no breach of the unihearts (if they be permitted) to ty and uniformity established in this' Fold forth a lively experiment, nation, have therefore thought fit, that a moft flourishing civil ftate and do hereby publifh, grant, ormay stand, and best be maintained, dain, and declare, that our royal and that among our English fub-, will and pleafure is, That no perfon fects, with a full liberty in religious within the faid colony, at any time concernments, and that true picty, hereafter, fhall be any-wife molefnightly grounded upon gospel printed, punifhed, difquieted, or called ciples, will give the beft and great in queftion, for any differences in eft fecurity to fovereignty, andavid opinion in matters of religion, and lay in the hearts of men the ftrong- do not actually disturb the civil fil obligations to true loyalty: now peace of our faid colony; but that know ye, That we being willing to all and every perfon and perfons encourage the hopeful undertaking may, from time to time, and at alk of our faid loyal and loving fib times hereafter, freely and fully were not contrary to the laws of England. When the affembly was not fitting to arm the people, and lead them forth to war against any enemy that came against them. The right to the foil is held in the fame manner as that of Maffachufetts bay, and upon the fame tenure, as is manifeft from the charter. In cafe of doubtful or perplexed controversies, an appeal was to be made to the King as the dernier refort. The reader will judge for himself, whether the legiflature of Britain has any right to make laws for have and enjoy his and their own judgments and confciences, in matters of religious concernments, throughout the tract of land hereafter mentioned, they behaving themselves peaceably and quietly, and not using this liberty to licentioufnefs and profanenels, not to the civil injury or outward dif. turbance of others, any law, ftatute or clause therein contained, or to be contained, ufage or custom of this realm, to the contraryhereof, in any wife notwithstanding. And that they may be in the better capacity to defend themfelves in their juft rights and liberties against all the enemies of the Chriftian faith, and others, in all refpects, we have further thought fit, and at the humble petition of the perfons aforefaid, are gracioufly pleased to declare, That they fhall have and enjoy the benefit of our late act of indemnity, and free pardon, as the reft of our subjects in other our dominions and territories have; and to create and make them a body politic or corporate, with the powers or privileges herein after mentioned; and accordingly, our will and pleasure is, and our especial grace, certain knowledge, and mere motion, we have ordained, conftituted, and declared, and by these presents, for us, our heirs and this fucceffors, do ordain, conftitute, and declare, That they the faid William Brenton, William Codington, Nicholas Eafton, Benedict Arnold, William Boulton, John Porter, Samuel Gorton, John Smith, John Weekes, Roger Williams, Thomas Olney, Gregory Dexte, John Cogefhall, Jofeph Clarke, Randall Houlden, John Greene, John Roome, William Dyre, Samuel Wildbore, Richard Tew, William Field, Thomas Harris, James Barker, Rainf borrow, Williams, and John Nickson, and all fuch others as are now, or hereafter hall be admitted, free of the company and fociety of our colony of Providence Plantations,in the Narraganfet bay, in New England, shall be, from time to time, and for ever hereafter, a body corporate and politic, in fact and name, by the name of the Governor and company of the Englifh colony of Rhode Island, and Providence Plantations, in New England, in America; and that by the fame name they and their fucceffors fhall and may have perpetual fucceffion, and fhall and may be perfons able and capable in the law to fue and be fued, to plead and be impleaded, to answer and to be anfwered unto, to defend and to be defended, in all and fing gular this colony, according to the language of their charter; or whether at that time it was underflood that the fovereign had as good a right to make that people free, as he has to make free men in England. If the right to the foil was in the King, then undoubtedly it was given away upon the condition of that charIf he had no fuch right, then the right of the colony is good for, nothing. But this was not the idea of either the King or parliament, or the colonifts at the time the charter was granted. gular fuits, caufes. quarrels, mat ters, actions, and things of what kind or nature foever; and allo to have,take,poffefs, acquire, and purchafe lands, tenements, or hereditaments, or any goods or chattels, and the fame to leafe, grant, demife, alien, bargain, fell and difpofe of, at the own will and pleafure, as cther our liege people of this our realm of England, or any corporation or body politic within the fame, may lawfully do; and further, That they the faid Governor and Company, and their fucceffors, fhall and may, for ever hereafter, have a common seal, to serve and ufe for all matters, caufes, things, and affairs whatfoever, of them and their fucceffors, and the fame feal to alter, change, break, and make new from time to time, at their will and plea fure, as they fhall think fit. And further, we will and ordain, and by these prefents, for us, our heirs and fucceflors, do declare and appoint, That for the better ordering and managing of the affairs and bufinefs of the laid company and their successors, there shall be one governor, one deputy governor, and ten affiftante, to be from time to time conft tuted, elected, and chofen out of the freemen of the faid company, for the time being, in fuch manner and form as is The hereafter in these presents expreffed; which faid officers fhall apply themfelves to take care for the best difpofing and ordering of the ge`neral business and affairs of and concerning the lands and hereditaments herein attermentioned 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 fucceffors, affign name, conftitute, and appoint, the aforefaid Benedict Arnold to be the firft and prefent governor, of the faid company, and the said William Boulton, John Porter, Roger Witliams, Thomas Olney, John Smith, John Greene, John Cogefhall, James Barker, William Field, and Jofeph Clarke, to be the ten prefent affiftants of the faid company, to continue in the faid feveral offices respectively, until the first Wednesday which fhall be in the month of May now next coming. And further, we will, and by thele prefents, for us, our heirs and fucceffors, do ordain and grant, That the governor of the faid company, for the time being, or in his abfence, by occafion of fickness, or otherwife, by his leave or permiffion, the deputy-governor, for the time being, fhall and may, from time to time, upon all occafions, give order for the affembling of the The colony of Connecticut, comprehending New M m Haven, 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 fich days, times and places of meeting, and general affembly, as they fhall think fit, and to chufe, nominate and appoint fuch and fo many perfons as they think fit, and fhall be willing to accept the fame, to be free of the faid company and body politic, and them into the fame to admit, and to elect, and conftitute fuch offices and officers, and to grant fuch needful faid company, and calling them together, to confult and advife of the bufinefs and affairs of the faid company; and that for ever hereafter, twice in every year, that is to fay, on every firft Wednefday in the month of May, and on every last Wednesday in October, or oftener, in cafe it fhall be requifite, the affiftants, and fuch of the freemen of the faid' company, not exceeding fix perfons, for Newport, four perfons for each of the refpective towns of Providence, Portimouth, and Warwick, and two perfons for each o-commiffions as they fall think fit ther place, town, or city, who fhall be from time to time thereunto elected or deputed by the major part of the freemen of the fpee tive places, towns or places for which they fhall be fo elected or deputed. fhall have a general meet ng or affembly, then and there to confult, advise, and determine, in and about the affairs and bufinefs of the faid company and plantations. And further, we do of our efpecial 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 Ame rica, and their fuccellors, That the governor, or in his abfence, of by his permiffion, the deputy-governor of the faid company, for the time being, the affiftants, and fuch of the freemen of the faid company as fhall be fo aforefaid elected or deputed, or fo many of them as fhall be prefent at fuch meeting or affembly, as aforefaid, thall be called the general affembly; and that they, or the greateft part of them prefent, whereof the gover nor, and fix of the affiftants at léaft, to be feven, fhall have, and and requifite, for ordering, managing, and difpatching of the affairs of the faid governor and company, and their fucceffors? and, from time to time, to make, ordain, conftitute, or repeal, fuch laws, ftatutes, orders and ordinances, forms and ceremonies of government and magiftracy, as to them fall feem meet, for the good and welfare of the faid company, and for the govérnment 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 fame; fo as fuch laws, ordinances, and conftitutions, fo made, be not contrary and repugnant unto, but, as near as may, be agreeable to the laws of this our realm of England, confidering the nature and conftitution of the place and people there; and also, to appoint, order, and direct, erect and fettle fuch places and courts of jurifdiction, for hearing and determining of all actions, cafes, matters and things, happening within the faid colony and plantation, and which fhall be in difpute, and depending there, as they fhall think fity and alfo to diftinguith and fet. forth |