offices, named or appointed, but the whole frame of government left to be modelled and established by the people here, it doubtless took much time before they could agree upon and settle a method that was pleasing to the major part of the people in all the four towns. For although Warwick be not named in the charter, yet, before the government was formed under it, that was become a town, and was named Warwick, in honor of the above-named Robert Earl of Warwick, and had, all along, under that charter, an equal privilege, in all respects, with either of the three towns that were named in it. The form of government at length agreed upon, was this. The freemen of the whole colony, chose annually one chief officer, which they called president, and eight assistants, two in each town; and each of the four towns, chose six representatives, at that time called commissioners: These had power, when regularly met together, to make such laws as they thought necessary; but these laws, thus made, were to be sent to each town-meeting, and there publicly read, and after due time was had for deliberation, the question was put, whether what had been then read should be received as a law, or not.-If this question passed in the negative, in the major part of the towns, the law in question was made void; if in the affirmative it was established. From this practice, came the common story, that some towns had heretofore repealed acts of the General Assembly. By this it appears, that the people did not trust the whole legislative authority, even to their own representatives, but kept at least a negative voice in their own hands. The president and asssistants had the executive power, were judges of the courts of law, and kept the peace: The president sat as speaker in the assemblies of the representatives, and called them together on emergencies, was chairman in the courts of judicature, and all processes issued in his name. There was also chosen, yearly, a general recorder, and a general serjeant; the office of the first, was to make regular entries of all the doings of the assembly of representatives, and send copies to each town, and to execute the office of clerk to the courts of judicature. The duty of the

latter was the same as sheriff at this day. The assistants in each town, besides keeping the peace, and determining small controversies, had the power of presiding in all town-meetings and calling them on all emergent occasions. Each town also chose every year a town clerk, who entered all that was done in their town meetings, recorded all deeds, and land evidences, and all other public matters transacted in the town. They also choose six persons, called a town council, who had the powers of a court of probate; of granting licences to inn-keepers and retailers; and of the poor. A serjeant they also chose, whose

office was that of a town sheriff.

The form of government being settled, they now prepared such laws as were necessary to enforce the due administration of it; but the popular approbation their laws must receive, before they were valid, made this a work of time; However, they were so industrious in it, that in the month of May 1647, they completed a regular body of laws,' taken chiefly from the laws of England, adding a very few of their own forming,2 which the circumstances and exigencies of their present condition required. These laws, for securing of right, for determining controversies, for preserving order, suppressing vice, and punishing offenders, were, at least, equal to the laws of any of the neighbouring colonies; and infinitely exceeded those of all other Christian countries at that time, in this particular,—that they left the conscience free, and did not punish men for worshipping God in the way, they were persuaded, he required.Here, although it be a departure from the order of time, I will draw into one view what yet remains to be said upon that liberty of conscience first allowed here.. All Christians, from the beginning of the Reformation to these times, when they were disturbed, and oppressed by the governing powers they lived under, on account of their religious principles or practices, had

(1) Printed in the R. I. Col. Records, I. 156-208.

(2) See also Staples's pamphlet, "The proceedings of the first General Assembly of the Incorporation of Providence Plantations, and the code of laws," 1647.

(Published 1847).

claimed this natural right, a liberty of conscience in the worship of God.-And many of them had, with much learning, and great strength of reason, shewn, that it was a right they were naturally and justly intitled to; and of which the civil magistrate could not deprive them, without departing from his proper duty and office.' But all of them, when they came to be possessed of power, had denied that indulgence to those who differed from them in religious sentiments, that they had pleaded so powerfully for when they suffered themselves; and this had constantly and universally been the case throughout Christendom, for many hundred years.-And Roger Williams justly claims the honor of having been the first legislator in the world; in its latter ages, that fully and effectually provided for and established a free, full, and absolute liberty of concience. This beneficent principle he made the foundation, and, as it were, the chief corner stone of his infant colony; this was made the test of admission, to all new comers; this was the chief cause that united the inhabitants of Rhode-Island and those of Providence, and made them one people and one colony. It was often objected to Mr. Williams, that such great liberty in religious matters, tended to licentiousness, and every kind of disorder: To such objections I will give the answer he himself made, in his own words, for thereby his real sentiments may be best discovered.

"To the Town of Providence.3

"Loving Friends and Neighbours,

"It pleaseth God yet to continue this great liberty of our (1) "As a practical working-day principle, it was almost inevitable that it [the idea of toleration] should only be the birth of a considerable and painful experience, As new sects were evolved, and each took its turn of bearing persecution, each necessarily claimed for itself the right to be; and so, each adding one new demand in that direction, the way was gradually prepared for the idea of general, and equal, liberty for all." Dexter's "As to Roger Williams," p. 109. See also Appendix I, of this work.

(2) This claim has been well supported. See however Appendix II.

(3) The date of this letter is sometime in January, 1654-5. It is found in the Providence Records, and is reprinted in Narragansett Club Pub., VI, 278-79.

(4) The letter as printed in this Narragansett Club volume, begins here.

town meetings, for which, we ought to be humbly thankful, and to improve these liberties to the praise of the Giver, and to the peace and welfare of the town and colony, without our own private ends. I thought it my duty, to present you with this my impartial testimony, and answer to a paper sent you the other day from my brother,'-That it is blood-guiltiness, and against the rule of the gospel, to execute judgment upon transgressors, against the private or publick weal. That ever I should speak or write a tittle that tends to such an infinite liberty of conscience, is a mistake; and which I have ever disclaimed and abhorred. To prevent such mistakes, I at present shall only propose this case.-There goes many a ship to sea, with many a hundred souls in one ship, whose weal and wo is common; and is a true picture of a commonwealth, or an3 human combination or society. It hath fallen out sometimes, that both Papists and Protestants, Jews and Turks may be embarqued into one ship. Upon which supposal, I do affirm, that all the liberty of conscience that ever I pleaded for, turns upon these two hinges, that none of the Papists, Protestants, Jews or Turks, be forced to come to the ship's prayers or worship; nor, secondly, compelled from their own particular prayers or worship, if they practise any. I further add, that I never denied that, notwithstanding this liberty the commander of this ship ought to command the ship's course; yea, and also to command that justice, peace, and sobriety, be kept and practised, both among the seamen and all the passengers. If any seamen refuse to perform their service, or passengers to pay their freight;-if any refuse to help in person or purse, towards the common charges, or defence;-if any refuse to obey the common laws and orders of the ship, concerning their common peace and preservation; if any shall mutiny and rise up against their commanders, and officers;-if any shall preach or write, that there ought to be no commanders, nor officers, because they are all equal in Christ, therefore no masters, nor officers, no laws, nor orders, no corrections nor punishments-I say, I never denied, but in such cases, whatever is pretended, the commander or commanders may judge, resist, compel, and punish such transgressors, according to their

(1) Who this "brother" was is uncertain.

5

(2) "many hundred," in the Narragansett Club Publication copy.

(3) "a human combination."

(4) "I affirm."

(5) "nor compelled."

(6) "any of the seamen."

(7) "towards."

(8) "should."

(9) "or."

deserts and merits. This, if seriously and honestly minded, may, if it so please the Father of lights, let in some light, to such as willingly shut not their eyes.—I remain studious of our common peace and liberty, '

ROGER WILLIAMS."

This religious liberty was not only asserted in words, but uniformly adhered to, and practised; for in the year 1656, soon after the Quakers made their first appearance in New-England, and at which most of the colonies were greatly alarmed and offended: Those at that time called the Four united Colonies, which were the Massachusetts, Plymouth, Connecticut, and New-Haven, wrote to this colony, to join with them in taking effectual methods to suppress them, and prevent their pernicious doctrines being spread and propagated in the country.---To this request the Assembly of this colony gave the following worthy answer: "We shall strictly adhere to the foundation principle on which this colony was first settled; to wit, that every man who submits peaceably to the civil authority, may peaceably worship God according to the dictates of his own conscience, without molestation." And not to the peo

(1) It is the doctrine, says Professor Diman, "not that men of various beliefs should be tolerated by the civil power, but the far broader and more fruitful principle that the civil power has nothing whatever to do with religious belief, save when it leads to some actual violation of social order." (Diman's "Orations and Essays," p. 127). This, says Professor Tyler, "has the moral and literary harmonies of a classic. As such, it deserves to be forever memorable in our American prose." (Tyler's "History of American Literature," I, 263).

(2) The first Quakers arrived in New England in July, 1656.

(3) The "New England confederacy" was formed May 19, 1643, of the colonies of "Massachusetts Bay," "New Plymouth," Connecticut," and "i 'New Haven." The Providence and Rhode Island settlements had as yet no organization and were not invited to join in its formation. Subsequent applications for admission were refused. The confederacy continued until 1684.

*

(4) Under date of March 13, 1657-8, the following language was used: "Now, whereas, freedom of different consciences, to be protected from inforcements was the principle ground of our charter, * which freedom we still prize as the greatest happines that men can posess in this world," *

*

*

"we shall" * [so act] "that therewithall theire may