Colonial Origins of the American Constitution

40. Charter of Providence, March 14, 1649

Origins_201-250.indd 204 2/17/12 6:35 PM 40 Charter of Providence ,...,....;.s is not a true charter insofar as it does notproceedftom the 1 ;;~g. Rather it is typical ofmany early colonial documents because itproceedsftom powers ofself-governmentfrequently granted in the originalchartersfrom England. It is one ofthe earliest examples ofa town charter beinggrantedftom what we wouldtoday consider the state level-equivalent to the state of Texas granting Houston a city charter. Note the inhabitants are taking itupon themselves to act on their own andare carefulto cite their authority to do so under the charter granted by the king, implying that the king is sanctioningthis document. The colonists seeaftderal relationship between the king and colony and therefore have no difficulty imaginingaftderal relationship between the colonygovernmentandits town governments. Charter ofProvidence "\VJhereas, by virtue of a free and absolute charter of civil! incorporaW tion, granted to the free inhabitants of the colonie of Providence, by the Right Honorable Robert, Earl ofWarwick, Governor in chiefe with the rest of the Honorable Commoners, bearing the date the 7th day of March, Anno 1643, givinge and grantinge full power and authoritie vnto the said inhabitants to governe themselves and such others as shall come among them, as also to make, constitute and ordaine such Iawes, orders and constitutions, and to inflict such punishments and penalties as is conformable to the Iawes of England, so neare as the nature and constitution of the place will admit, and which may best suite the estate and condition thereof, and whereas the said towns ofProvidence, Portsmouth, Newport and Warwick are far remote from each other, whereby so often and 204 Origins_201-250.indd 205 2/17/12 6:35 PM Charter ofProvidence free intercourse of help, in decidinge of differences and trying of causes and the like, cannot easilie 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 the General Assembly, wherein they desire freedome and libertie to incorporate themselves into a body politicke, and we, the said Assembly, having duly weighed and seriously considered the premises, and being willing and ready to provide for the ease and libertie of the people, have thought fir, and by the authoritie aforesaid, and by these presents, do give, grant and confirme unto the free Inhabitants of the towne of Providence, a free and absolute charter of civill incorporation and government, to be knowne by the Incorporation of Providence Plantation in the Narrangansett Bay, in New-England, together with full power and aurhoritie to governe and rule themselves, and such others as shall hereafter inhabit within any part of the said Plantation, by such a form of civill government , as by voluntarie 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 ordaine such civill orders and constitutions, to inflict such punishments upon transgressors, and for execution thereof, and of the common statute Iawes of the colonye agreed unto, and the penalties and so many of them as are not annexed already unto the colonye court of trialls , so to place and displace officers of justice, as they or the greater parte of them shall, by one consent, agree unto. Provided, nevertheless, that the said Iawes, constitutions and punishments, for the civil! government of the said plantation, be conformable to the Iawes of England, so far as the nature and constitution of the place will admit, yet, always reserving to the aforesaid General Assemblie power and authoritie so to dispose the generall governmente of that plantation as it stands in reference to the rest of the plantations, as they shall conceive, from time to time, most conducing to the generall good of the said plantations. And we the said Assemblie, do further authorise the aforesaid inhabitants to elect and engage such aforesaide officers upon the first second day ofJune, annually. And, moreover, we authorize the said inhabitants, for the better transacting of their publicke affaires, to make and use a publicke seal as the knowne seale of Providence Plantation, in the Narrangansett Bay, in New-England. 205 Origins_201-250.indd 206 2/17/12 6:35 PM RHODE ISLAND In testimonie whereof, we the said Generall Assemblie, have hereunto sett oure handes and seales the 14th of...