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1663civil-rights

Charles II signs Rhode Island's charter; no colony has ever put religious liberty in writing like this

John Clarke, jailed in Massachusetts a dozen years ago for preaching Baptist, wins the argument: a colony can thrive without a state church.

Twelve years after Massachusetts jailed him for preaching as a Baptist, John Clarke petitioned King Charles II's court, arguing in writing that a colony could thrive without a state church. On July 8, 1663, that argument won. Charles II approved the Rhode Island Royal Charter, a document Clarke had spent roughly two years and at least ten petitions and letters building, and it became a charter offering religious freedom without precedent among English colonial charters. Captain George Baxter carried it across the Atlantic to a colony that had been operating on a shakier 1643 patent for two decades.

Newport, Rhode Island
The American Throughline

Clarke's charter language, "no person... shall be any wise molested... for any differences in opinion in matters of religion," predates the First Amendment by over a century. Rhode Island became the proving ground for an idea the founders would later write into the Constitution: that government and church could be kept separate without the state collapsing.

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QWhat happened to Clarke's fellow preacher who wouldn't pay his fine in 1651?

When John Clarke, Obadiah Holmes, and John Crandall were arrested in Massachusetts Bay for unlawful Baptist preaching, Clarke and Crandall had their fines paid by supporters and were released. Holmes refused to let anyone pay his fine on principle and was publicly whipped instead. The punishment did not quiet him. Holmes went on to become an elder of Newport's Baptist church, and the episode became one of the defining grievances Clarke carried with him a decade later when he sat down to draft petitions to the Crown for a charter that would make such punishments illegal in Rhode Island for good.

QWhy did Rhode Island's charter mention Native American land rights at all?

Buried in the charter's boundary language is a clause forbidding colonies from invading lands of natives within their bounds without the knowledge and consent of the other colonies. It reflected the messy three-way land disputes Rhode Island was navigating with Connecticut and its neighbors as much as any settled Native policy, but it set a documented precedent: colonial charters could acknowledge that land claims required consent rather than simple assertion. Few other 17th-century English colonial charters bothered to include such language at all.

QHow specific was Rhode Island's charter about who ran the government?

The 1663 charter did not just grant vague self-rule, it spelled out an entire government structure: a governor, a deputy governor, ten assistants, and deputies sent from each town to the General Assembly. Benedict Arnold took the governor's seat first, with William Brenton as his deputy. That level of structural detail, combined with corporate powers unusual for a colony its size, is part of why historian Thomas Bicknell later called it the grandest instrument of human liberty ever constructed.

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