Original 1648 City Charter

Archivist Discovers City's "Birth Certificate" in Storage Area

June 8, 2011 - About two weeks ago, while retrieving records for a visiting researcher in a second floor storage area, City Archivist Paul Campbell noticed a box with a hand written note "old papers" scrawled on the front. Curiosity aroused, he opened the box to find a varied assortment of 19th century council papers and court warrants. At the bottom of the pile was a dusty pocket folder marked "to be indexed." Opening the folder revealed an unexpected find--a 17th century hand written document. Measuring about 4 x 12 inches and written on vellum (widely used centuries ago and usually made from lambskin) it appeared to be an important document. Clues to the document's origin and purpose quickly became apparent. It bore the remnants of an official red seal and on the reverse side of the document was the name John W_____. A closer look with a magnifying glass revealed the name Warner and a date March 14, 1648--just twelve years after the arrival of Roger Williams. John Warner had arrived in Providence in 1637 a year after Williams and shortly thereafter was allocated a lot of five acres of land stretching from present day South Main Street (near the corner of College) to Hope Street.

Although written in centuries old script, the penmanship was concise and carefully written as if by a clerk--another clue. A preliminary reading of the manuscript revealed it to be no mere indenture or deed but rather an important government document. It was, in fact, the original Providence town charter--it's birth certificate. During the 1890s, a group of historians had carefully collected and organized the existing town papers, made efforts to preserve them, and published a 21 volume compendium called The Early Records of the Town of Providence providing researchers with printed copies of the town's original documents. This team of researchers never found the complete 1648 town charter, but only a fragment among the thousands of records they collected and indexed. A complete copy of the charter did exist in the early 1840s when historian William R. Staples published his Annals of Providence, but that copy had disappeared--until now.

Roger Williams was wise to secure his charter for the fledging town of Providence. Threats were everywhere. In the early 1640s, Massachusetts Bay, Plymouth and Connecticut were conspiring to snuff out and absorb the Rhode Island settlements. In 1643 Williams deftly outflanked his opponents by securing a Parliamentary Charter, but even within Rhode Island's eventual borders there were problems. There were disputes with settlers in Warwick, Pawtuxet and on Aquidneck Island. Williams returned from England in 1644 but it took another three years for leaders in the scattered settlements to finally agree to come together to form a colonial government. Between May 19 and the 21, 1647 they gathered in Portsmouth. The Providence delegates were specifically instructed to insist that each town should have a charter of civil incorporation. Ten months later, Providence had her charter, signed by John Warner, Clerk of the General Assembly, on March 14, 1648.

Incorporated as Providence Plantation in the Narragansett Bay, in New England, this legal instrument confirmed "unto the free inhabitants of the town of Providence, a free and absolute charter of civil incorporation and government . . . with full power and authority to govern and rule themselves."

Providence survived these internal squabbles and outside challenges to its existence by surrounding colonies, rose from the ashes of King Philips War in 1676, and grew into a prosperous community based on maritime trade and later industrial expansion. By 1832 the old town charter proved unworkable to this rapidly growing urban center, and that year Providence voted in a new charter--a City Charter--with a mayor and a bicameral legislative body to oversee the operations of government.

The 1648 charter ranks among the most important documents in the city's long 375 year history and perhaps it is fitting that it was rediscovered as we celebrate this historic milestone. The city archivist is currently taking steps to treat and preserve this treasured municipal artifact so that it can be enjoyed and appreciated by future generations.

The text of Providence's Original 1648 Charter is below:

"Whereas by virtue of a free and absolute charter of civil incorporation, granted to the free inhabitants of this colony of Providence, by the Right Honorable Robert, Earl of Warwick, Governor in chief with the rest of the Honorable Commoners, bearing date the 7th day of March Anno 1643, giving and granting full power and authority unto the said inhabitants to govern themselves and such others as shall come among them, as also to make, constitute and ordain such laws, orders and constitutions, and to inflict such punishments and penalties as is conformable to the laws of England, so near as the nature and constitution of the place will admit, and which may best suit the estate and condition thereof, and whereas the said towns of Providence, Portsmouth, Newport and Warwick are far remote each from other, whereby so often and free intercourse of help, in deciding of differences and trying of causes and the like, cannot easily 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 freedom and liberty to incorporate themselves into a body politic, and we, the said Assembly, having duty weighed and seriously considered the premises, and being willing and ready to provide for the ease and liberty of the people have thought fit, and by the authority aforesaid, and by these presents, do give, grant and confirm unto the free inhabitants of the town of Providence, a free and absolute charter of civil incorporation and government to be known by the Incorporation of Providence Plantation in the Narragansett Bay, in New England, together with full power and authority to govern and rule themselves, and such others as shall hereafter inhabit within any part of the said Plantation, by such a form of civil government, as by voluntary 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 ordain such civil orders and constitutions, to inflict such punishments upon transgressors, and for execution thereof, and of the common statute laws of the colony agreed unto, and the penalties and so many of them as are not annexed already unto the colony court of trials, so to place and displace officers of justice, as they or the greater part of them shall, by one consent, agree unto. Provided, nevertheless, that the said laws, constitutions and punishments, for the civil government of the said plantation, be conformable to the laws of England, so far as the nature and constitution of the place will admit, yet, always reserving to the aforesaid General Assembly power and the authority so to dispose the general government of that plantation as it stands in reference to rest of the plantations, as they shall conceive, from time to time, most conducting to the general good of the said plantation. And we the said Assembly, do further authorise the aforesaid inhabitants to elect and engage such aforesaid officers upon the first second day of June annually. And, moreover, we authorize the said inhabitants, for the better transacting of their public affairs, to make and use a public seal as the known seal of the Providence Plantation, in the Narragansett Bay, in New England.

In testimony whereof, we the said General Assembly, have hereunto set our hands and seals the 14th of March, Anno 1648.

JOHN WARNER, Clerk of the Assembly."