B. NEW ENGLAND TO 1660

VIII. AN EARLY EXPLORATION IN MAINE

41. Weymouth's Voyage, 1605

From A True Relation of Captain George Waymouth, His Voyage (1605), reprinted in Massachusetts Historical Society Collections, Vol. VIII. Weymouth's voyage was a precursor of the attempt at settlement on the Kennebec in 1607 by one branch of the Virginia Company.

Upon Tuesday, the 5th day of March, about ten o'clock before noon, we set sail from Ratcliffe, and came to an anchor that tide about two o'clock before Gravesend....

Friday, the 17th of May, about six o'clock at night, we descried the land. ... It appeared a mean high land, as we after found it, being an island of some six miles in compass, but I hope the most fortunate ever yet discovered....

This island is woody grown with fir, birch, oak and beech, as far as we saw along the shore; and so likely to be within. On the verge grow gooseberries, strawberries, wild pease, and wild rose bushes. The water issued forth down the rocky cliffe in many places: and much fowl of divers kinds breed upon the shore and rocks.

While we were at shore, our men aboard, with a few hooks, got above thirty great cods and haddocks, which gave us a taste of the great plenty of fish which we found afterward wheresoever we went upon the coast. From hence we might discern the main land from the west-south-west to the east-north-east; and a great way (as it then seemed, and we after found it,) up into the main we might discern very high mountains, though the main seemed but low land;...

The profits and fruits which are naturally on these islands are these:

All along the shore, and some space within, where the wood hindereth not, grow plentifully, raspberries, gooseberries, strawberries, roses, currants, wild vines, angelica.

Within the islands grow wood of sundry sorts, some very great, and all tall, as birch, beech, ash, maple, spruce, cherry tree, yew, oak, very great and good, fir tree, out of which issueth turpentine in so marvellous plenty, and so sweet as our chirurgeon and others affirmed they never saw so good in England. We pulled off much gum, congealed on the outside of the bark, which smelled like frankincense. This would be a great benefit for making tar and pitch.

We staid the longer in this place, not only because of our good harbor (which is an excellent comfort,) but because every day we did more and more discover the pleasant fruitfulness; insomuch as many of our company wished themselves settled here, not expecting any further hopes, or better discovery to be made.

Here our men found abundance of great muscles among the rocks; and in some of them many small pearls: and in one muscle (which we drew up in our net) was found fourteen pearls, whereof one of pretty bigness and orient; in another above fifty small pearls: and if we had had a drag, no doubt we had found some of great value, seeing these did certainly shew that here they were bred; the shells all glittering with mother of pearl....

Our captain had in this small time discovered up a great river, trending alongst into the main about forty miles. The pleasantness whereof, with the safety of harbor for shipping, together with the fertility of ground and other fruits, which were generally by his whole company related, I omit till I report of the whole discovery thereinafter performed....

The next day being Saturday and the first of June, I traded with the savages all the forenoon upon the shore, where were eight-and-twenty of them; and because our ship rode nigh, we were but five or six; where for knives, glasses, combs, and other trifles to the value of four or five shillings, we had forty good beavers' skins, otters' skins, sables, and other small skins, which we knew not how to call. ... Here are more good harbors for ships of all burthens, than England can afford, and far more secure from all winds and weathers, than any in England, Scotland, France, or Spain....

As we passed with a gentle wind up with our ship in this river, any man may conceive with what admiration we all consented in joy. Many of our company who had been travellers in sundry countries, and in most famous rivers, yet affirmed them not comparable to this they now beheld. Some that were with Sir Walter Raleigh in his voyage to Guiana, in the discovery of the river Orenoque, which echoed fame to the world's ears, gave reasons why it was not to be compared with this, which wanteth the dangers of many shoals, and broken ground, wherewith that was incumbered. Others before that notable river in the West Indies called Rio Grande; some before the river of Loire, the river Seine, and of Bourdeaux in France; which although they be great and goodly rivers, yet it is no detraction from them to be accounted inferior to this, which not only yieldeth all the foresaid pleasant profits, but also appeared infallibly to us free from all inconveniences.

I will not prefer it before our river of Thames, because it is England's richest treasure:...

The excellency of this part of the river, for his good breadth, depth, and fertile bordering ground, did so ravish us all with variety of pleasantness, as we could not tell what to commend, but only admired; some compared it to the river Severn, (but in a higher degree) and we all concluded (as I verily think we might right) that we should never see the like river in every degree equal, until it pleased God we beheld the same again....

The temperature of the climate (albeit a very important matter) I had almost passed without mentioning, because it afforded to us no great alteration from our disposition in England; somewhat hotter up into the main, because it lieth open to the south; the air so wholesome, as I suppose not any of us found ourselves at any time more healthful, more able to labor, nor with better stomachs to such good fare as we partly brought and partly found....

IX. THE FIRST SOURCE OF LAND TITLES IN NEW ENGLAND

42. Charter of the Plymouth Council

[Often called The Council for New England]

November 3/12, 1629

Hazard's State Papers (Washington, 1792), I, 103-118.

The "Second Colony" of the Charter of 1606 (No. 16 above) sent out an expedition to the coast of Maine in 1607. This failed; and the Company made no further efforts until 1620, save for the vain attempt of Sir Ferdinando Gorges, one of the leading members. In March of 1619/20, Gorges and other members petitioned for a reorganization of the Company, and this prayer was granted by the King in this charter. This document stands to the "Second Colony" of 1606 (the Plymouth branch) as do the charters of 1609 and 1612 to the "First Colony" (the London branch).

[The charter begins by reciting the grant of the Virginia Charter of 1606, the grant of 1609 to one branch of the original Company, and the petition of Gorges and others of the Plymouth branch for a similar enlargement and for a monopoly of the northern fisheries.]

And also for that We have been further given certainly to knowe, that within these late Yeares there hath by God's Visitation raigned a wonderfull Plague, together with many horrible Slaughters, and Murthers, committed amongst the Savages and bruitish People there heertofore inhabiting, in a Manner to the utter Destruction, Devastacion, and Depopulacion of that whole Territorye ... whereby We in our Judgment are persuaded and satisfied that the appointed Time is come in which Almighty God in his great Goodness and Bountie towards Us and our People, hath thought fitt and determined that those large and goodly Territoryes, deserted as it were by their naturall inhabitants, should be possessed and enjoyed by such of our Subjects and People as heertofore have and hereafter shall by his Mercie and Favour, and by his Powerfull Arme, be directed and conducted thither. In Contemplacion and serious Consideracion whereof, Wee have thougt it fitt according to our Kingly Duty, soe much as in Us lyeth, to second and followe God's sacred Will, rendering reverend Thanks to his Divine Majestie for his gracius favour in laying open and revealing the same unto us before any other Christian Prince or State, by which Meanes without Offence, ... Wee therefore ... Do ... grant ... that all that Circuit, Continent, Precincts, and Limitts in America, lying and being in Breadth from Fourty Degrees of Northerly Latitude, from the Equinoticall Line, to Fourty-eight Degrees of the said Northerly Latitude, and in Length by all the Breadth aforesaid throughout the Maine Land, from Sea to Sea, ... shall be the Limitts ... of the second Collony: And to the End that the said Territoryes may forever hereafter be more particularly and certainly known and distinguished, our Will and Pleasure is, that the same shall from henceforth be nominated, termed, and called by the Name of New-England, in America. ... And for the better Plantacion, ruling, and governing of the aforesaid New-England in America, We ... ordaine ... that from henceforth, there shall be ... in our Towne of Plymouth, in the County of Devon, one Body politicque and corporate, which shall have perpetuall Succession, which shall consist of the Number of fourtie Persons, and no more, which shall be, and shall be called and knowne by the Name of the Council established at Plymouth, in the County of Devon, for the planting, ruling, ordering, and governing of New-England, in America; [The names of the Council. They have power to fill vacancies in their membership, and the usual rights of a corporation; they are to choose a "President," etc.; and to control trade with New England and the ownership of land.]

And further ... Wee ... grant full Power and Authority to the said Councill ... [to] nominate, make, constitute, ordaine, and confirme by such Name or Names, Style or Styles, as to them shall seeme Good; and likewise to revoke, discharge, change, and alter, as well all and singular, Governors, Officers, and Ministers, which hereafter shall be by them thought fitt and needful to be made or used, as well to attend the Business of the said Company here, as for the Government of the said Collony and Plantation, and also to make ... all Manner of Orders, Laws, Directions, Instructions, Forms, and Ceremonies of Government and Magistracy fitt and necessary for any concerning the Government of the said Collony and Plantation, so always as the same be not contrary to the Laws and Statutes of this our Realme of England; and the same att all Times hereafter to abrogate, revoke, or change, not only within the Precincts of the said Collony, but also upon the Seas in going and coming to and from the said Collony, as they in their good Discretions shall thinke to be fittest for the good of the Adventurers and Inhabitants there.

[Clauses similar to those in the London Company's charter of 1609 regarding martial law; the forfeiture of goods fraudulently transported to a foreign country; landholding by free socage, etc.; the right "to take, load, carry, and transport ... out of our Realmes to New England all such ... of our loveing Subjects ... as shall willingly accompany them"; exemption from duties on goods exported from England for seven years; and from all taxes for twenty-one years, except the five per cent customs duty for imports to be reëxported; right to dispose of lands.]

And Wee do also ... grant to the said Councell ... that they ... shall, and lawfully may, ... for their ... Defence and Safety, encounter, expulse, repel, and resist by Force of Arms, as well by Sea as by Land, and all Ways and Meanes whatsoever, all such ... Persons, as without the speciall Licence of the said Councell ... shall attempt to inhabitt within the said severall Precincts and Limitts of the said Collony and Plantation. And also all ... such ... Persons ... as shall enterprize or attempt att any time hereafter Destruction, Invasion, Detriment, or Annoyance to the said Collony and Plantation.

[A like provision for use of force to prevent traders visiting the territory without the "License and consent of the said Councill ... first had and obtained in Writing." Authority for two of the Council to administer the oaths of allegiance and supremacy (as in the charter of 1612); a long passage giving the Councill extraordinary jurisdiction as a safeguard against its being defrauded or libeled (as in the charter of 1612); English subjects settling in the colony and their descendants there to have all the rights of Englishmen. None to be permitted to go to New England except such as first take the oath of supremacy,—this provision intended to exclude Catholics (wording taken from the charter of 1609; not found in 1612); etc, etc. etc.—Privileges granted in 1606, and not altered in this charter, are confirmed.]

X. PLYMOUTH PLANTATION

43. Delays in securing the Wincob Charter Robert Cushman to Pastor Robinson, May 8/18, 1619

Bradford's Plymouth Plantation (Original Narratives edition), 58, 59.

Cushman was the agent of the Pilgrims, sent from Holland to secure a charter from the London Company for some district in "Northern Virginia." The negotiations had been going on more than a year when this letter was written.

... The maine hinderance of our proseedings in the Virginia bussines is the dissentions and factions as they terme it among the Counsell and Company of Virginia; which are such as that ever since we came up no busines could by them be dispatched. The occasion of this trouble amongst them is, for that a while since Sir Thomas Smith, repining at his many offices and troubls, wished the Company of Virginia to ease him of his office. ... Wereupon the Company tooke occasion to dismisse him and choose Sir Edwin Sands Treasurer and Goverr of the Company. He having 60 voyces, Sir John Worstenholme 16 voices, and Alderman Johnson 21.[28] But Sir Thomas Smith when he saw some parte of his honour lost, was very angrie, and raised a faction to cavill and contend aboute the election, and sought to taxe Sir Edwin with many things that might both disgrace him, and allso put him by his office of Governour. In which contentions they yet stick and are not fit nor readie to intermedle in any bussines; and what issue things will come to we are not yet certaine. It is most like Sir Edwin will carrie it, and if he doe, things will goe well[29] in Virginia, if otherwise, they will goe ill enough allways. We hope in some 2 or 3 Court days things will settle.[29]

44. Agreement between the Pilgrims in Holland and the Merchant Adventurers in London

July 1/11, 1620

Bradford's Plymouth Plantation (Original Narratives edition), 66, 67.

The following "articles" outline the business partnership by which the Pilgrims secured funds to come to America.

1.—The adventurers and planters doe agree that every person that goeth, being aged 16 years and upward, be rated at 10 £, and ten pounds to be accounted a single share.

2.—That he that goeth in person, and furnisheth him selfe out with 10 £ either in money or other provissions, be accounted as having 20 £ in stock, and in the devission shall receive a double share.

3.—The persons transported and the adventurers shall continue their joynt stock and partnership togeather the space of 7 years (excepte some unexpected impedimente doe cause the whole company to agree otherwise), during which time all profits and benefits that are gott by trade, traffick, trucking, working, fishing, or any other means of any person or persons, remaine still in the commone stock untill the division.

4.—That at their comming ther, they chose out such a number of fitt persons, as may furnish their ships and boats for fishing upon the sea; imploying the rest in their severall faculties upon the land; as building houses, tilling, and planting the ground, and makeing shuch commodities as shall be most usefull for the collonie.

5.—That at the end of the 7 years, the capitall and profits,—viz. the houses, lands, goods and chatles,—be equally devided betwixte the adventurers and planters; which done, every man shall be free from other of them of any debt or detrimente concerning this adventure.

6.—Whosoever cometh to the colonie herafter, or putteth any into the stock, shall at the ende of the 7 years be alowed proportionably to the time of his so doing.

7.—He that shall carie his wife and children, or servants, shall be alowed for everie person now aged 16 years and upward, a single share in the devision, or if he provid them necessaries, a duble share, or if they be between 10 year old and 16, then 2 of them to be reconed for a person, both in transportation and devision.

8.—That such children as now goe, and are under the age of ten years, have noe other shar in the devision but 50 acers of unmanured land.

9.—That such persons as die before the 7 years be expired, their executors to have their parte or sharr at the devison, proportionably to the time of their life in the collonie.

10.—That all such persons as are of this collonie, are to have their meate, drink, apparell, and all provissions out of the common stock and goods of the said collonie.

[Bradford adds: "The cheefe and principall differences between these and the former conditions [i.e. articles proposed at first by the Pilgrims] stood in these 2 points; that the houses and lands improved, espetialy gardens and home lotts, should remain undevided wholly to the planters at the 7 years end [i.e. not go into the common stock of the partnership] 2ly, that they should have had 2 days in a weeke for their own private imploymente."

These points are made in a letter of John Robinson, the Pilgrim pastor, to John Carver, the agent in England, dated July 14, 1620 (Bradford, 69, 70).

"Aboute the conditions ... let this spetially be borne in minde; that the greatest parte of the collonie is like to be imployed constantly, not upon dressing ther perticuler [individual] land, and building houses, but upon fishing, trading, etc. So as the land and house will be but a trifell for advantage to the adventurers [London capitalists]; and yet the devission of it a great discouragemente to the planters [colonists], who would with singuler care make it comfortable with borowed houres from their sleep."

For the fallacy in this view, cf. American History and Government, §§ 49, 52.]

45. From the Farewell Letter of John Robinson

Bradford's Plymouth Plantation (Original Narratives edition), 84-86.

Robinson was the pastor of the Separatist congregation at Leyden. This letter was written to that part of the congregation which had just embarked for America, soon to found Plymouth colony. It is not dated. Bradford gives the full text. This extract shows that the charter which the Pilgrims had secured from the London Company, but which they were never to use (No. 43 note, and American History and Government, § 51 note), had guaranteed them a large measure of self-government. The letter would fill some five pages of this book.

... Lastly, whereas you are become a body politik, using amongst yourselves civill governmente, and are not furnished with any persons of spetiall eminence above the rest, to be chosen by you into office, let your wisdome and godlines appear, not only in chusing shuch persons as do entirely love and will promote the commone good, but also in yeelding unto them all due honour and obedience ... and this dutie you may the more willingly ... performe, because you are at least for the present to have onely them for your ordinarie governours which your selves shall make choyse of for that worke.

46. The Mayflower Compact

November 11/21, 1620

Bradford's Plymouth Plantation (Original Narratives edition), 107. The original document is lost. Bradford gives no signatures. However, another copy, in Mourt's Relation, has the signatures, forty-two in number.

In the name of God, Amen. We whose names are under writen, the loyall subjects of our dread soveraigne Lord, King James, by the grace of God, of Great Britaine, Franc, and Ireland king, defender of the faith, etc., haveing undertaken, for the glorie of God, and advancemente of the Christian faith, and honour of our king and countrie, a voyage to plant the first colonie in the Northerne parts of Virginia, doe by these presents solemnly and mutualy in the presence of God, and one of another, covenant and combine our selves togeather into a civill body politick, for our better ordering and preservation and furtherance of the ends aforesaid; and by vertue hearof to enacte, constitute, and frame such just and equall lawes, ordinances, acts, constitutions, and offices, from time to time, as shall be thought most meete and convenient for the generall good of the Colonie, unto which we promise all due submission and obedience. In witnes whereof we have hereunder subscribed our names at Cap-Codd the 11. of November, in the year of the raigne of our soveraigne lord, King James, of England, France, and Ireland the eighteenth, and of Scotland the fiftie fourth. Anno: Dom. 1620.

For a discussion of this document, see American History and Government, § 51. Here it should be noted that it is not a "constitution" so much as a preliminary "social compact." Nineteen years later, Wheelwright and his followers (banished from Massachusetts) settled on the New Hampshire coast and adopted an agreement similar to the Mayflower document in occasion and character. Western mining camps have taken like action many times in later days.

The Wheelwright document follows from Hazard's State Papers, I, 463.

COMBINATION OF SETTLERS AT EXETER

Whereas it hath pleased the Lord to move the Heart of our dread Sovereign Charles by the Grace of God King etc. to grant Licence and Libertye to sundry of his subjects to plant themselves in the Westerne parts of America. We his loyal Subjects, Brethren of the Church in Exeter, situate and lying upon the River Pascataqua, with other Inhabitants there, considering with ourselves the holy Will of God and our own Necessity that we should not live without wholesom Lawes and Civil Government among us, of which we are altogether destitute; do in the name of Christ and in the Sight of God combine ourselves together to erect and set up among us such Government as shall be to our best discerning agreeable to the Will of God, professing ourselves Subjects to our Sovereign Lord King Charles according to the Libertyes of our English Colony of Massachusetts, and binding ourselves solemnly by the Grace and help of Christ, and in his Name and fear, to submit ourselves to such Godly and Christian Lawes as are established in the realm of England to our best Knowledge, and to all other such Lawes which shall upon good grounds be made and enacted among us according to God, that we may live quietly and peaceably together in all godliness and honesty. Mo. 8. D. 4. 1639, as attests our Hands.

John Wheelwright [and thirty-four other names].

47. The Peirce Charter, June, 1621

Massachusetts Historical Society Collections, Fourth Series, II, 158 ff.

Finding themselves within the jurisdiction of the newly reorganized Plymouth Council (or New England Council), the Pilgrims secured from that body the following grant through their London partners. Peirce was intended to act as trustee while the partnership lasted. Cf. American History and Government, § 55, and (for the documents regarding Peirce's later attempt to steal the colony) Arber's Story of the Pilgrim Fathers, 259, 260.

This Indenture made the First Day of June, 1621, Betwene the President and Counsell of New England of the one partie, And John Peirce Citizen and Clothworker of London and his Associates of the other partie, Witnesseth that whereas the said John Peirce and his Associates have already transported and undertaken to transporte at their cost and chardges themselves and dyvers persons into New England and there to erect and build a Towne and settle dyvers Inhabitantes for the advancement of the generall plantacion of that Country of New England, Now the sayde President and Counsell, in consideracion thereof and for the furtherance of the said plantacion and incoragement of the said Undertakers, have agreed to graunt, assigne, allott, and appoynt to the said John Peirce and his associates and every of them, his and their heires and assignes, one hundred acres of grownd for every person so to be transported, besides dyvers other pryviledges, Liberties, and commodyties hereafter mencioned....

The same land to be taken and chosen by them, their deputies or assignes, in any place or places wheresoever not already inhabited by any English....

And forasmuch as the said John Peirce and his associates intend and have undertaken to build Churches, Schooles, Hospitalls, Toune houses, Bridges, and such like workes of Charytie, As also for the maynteyning of Magistrates and other inferior Officers (In regard whereof and to the end that the said John Peirce and his Associates, his and their heires and assignes, may have where withall to beare and support such like charges), Therefore the said President and Councell aforesaid do graunt unto the said Undertakers, their heires and assignes, Fifteene hundred acres of Land moreover and above the aforesaid proporcion of one hundred the person for every undertaker and Planter, to be imployed upon such publique uses as the said Undertakers and Planters shall thinck fitt....

And shall also at any tyme within the said terme of Seaven Yeeres upon request unto the said President and Counsell made, graunt unto them (the said John Peirce and his Associates, Undertakers, and Planters, their heires and assignes) Letters and Grauntes of Incorporacion by some usuall and fitt name and tytle, with Liberty to them and their successors from tyme to tyme to make orders, Lawes, Ordynaunces, and Constitucions, for the rule, governement, ordering, and dyrecting of all persons to be transported and settled upon the landes hereby graunted, intended to be graunted, or hereafter to be granted. ... And in the meane tyme untill such graunt made, It shalbe lawfull for the said John Peirce, his Associates, Undertakers, and Planters, their heires and assignes, by consent of the greater part of them, To establish such Lawes and ordynaunces as are for their better government, and the same, by such Officer or Officers as they shall by most voyces elect and choose, to put in execucion.

[The above grant was the first charter issued by the Plymouth Council of 1620 (No. 42 above). It is sometimes said that these patents from the Council had no legal force, so far as political features were concerned. It is true that such grants had no force, as against the royal government; but, as long as the royal grant to the Council stood, grants from that body were valid,—certainly valid as against any later claim from that proprietary body. The king's patent of 1620 authorized the Council to arrange the government of colonies in its New England territories as it pleased. In carrying out this provision for the Pilgrims, the Council saw fit to permit a large share of self-government,—just as the London Company had done, in less degree, for the Virginians, and as Penn was to do for the Pennsylvanians in his famous charter to them in 1701 (No. 109 below). As to the overthrow of the validity of the charters to the Pilgrims in 1634, cf. American History and Government, § 55 close.]

48. Early Descriptions of Plymouth[30]

a. Edward Winslow's Letter (to a friend in England), December 11/21, 1621

Arber's Story of the Pilgrim Fathers, 488-494. (The spelling is modernized in all printed copies.)

Loving and Old Friend,—

Although I received no letter from you by this ship, yet forasmuch as I know you expect the performance of my promise, which was, to write unto you truly and faithfully of all things, I have therefore at this time sent unto you accordingly, referring you for further satisfaction to our more large Relations [Winslow's Relations, a considerable volume].

You shall understand that in this little time [less than one year] that a few of us have been here, we have built seven dwelling-houses and four for the use of the plantation, and have made preparation for divers others. We set the last spring some twenty acres of Indian corn, and sowed some six acres of barley and pease; and according to the manner of the Indians, we manured our ground with herrings, or rather shads, which we have in great abundance, and take with great ease at our doors. Our corn did prove well; and, God be praised, we had a good increase of Indian corn, and our barley indifferent good, but our pease not worth the gathering, for we feared they were too late sown. They came up very well, and blossomed; but the sun parched them in the blossom....

When it pleaseth God we are settled and fitted for the fishing business and other trading, I doubt not but by the blessing of God the gain will give content to all. In the mean time, that we have gotten we have sent by this ship; and though it be not much, yet it will witness for us that we have not been idle, considering the smallness of our number all this summer. We hope the merchants will accept of it, and be encouraged to furnish us with things needful for further employment, which will also encourage us to put forth ourselves to the uttermost.

Now because I expect your coming unto us, with other of our friends, whose company we much desire, I thought good to advertise you of a few things needful. Be careful to have a very good bread-room to put your biscuits in. Let your cask for beer and water be iron-bound, for the first tire, if not more. Let not your meat be dry-salted; none can better do it than the sailors. Let your meal be so hard trod in your cask that you shall need an adz or hatchet to work it out with. Trust not too much on us for corn at this time, for by reason of this last company that came, depending wholly upon us, we shall have little enough till harvest. Be careful to come by some of your meal to spend by the way; it will much refresh you. Build your cabins as open as you can, and bring good store of clothes and bedding with you. Bring every man a mussket or fowling-piece. Let your piece be long in the barrel, and fear not the weight of it, for most of our shooting is from stands. Bring juice of lemons, and take it fasting; it is of good use. For hot waters, aniseed water is the best; but use it sparingly. If you bring anything for comfort in the country, butter or sallet oil, or both is very good. Our Indian corn, even the coarsest, maketh us pleasant meat as rice; therefore spare that, unless to spend by the way. Bring paper and linseed oile for your windows, with cotton yarn for your lamps. Let your shot be most for big fowls, and bring store of powder and shot. I forbear further to write for the present, hoping to see you by the next return. So I take my leave, commending you to the Lord for a safe conduct unto us, resting in him,

Your loving friend,

E. W.

b. Captain John Smith's Account, 1624

Smith's Works (Birmingham edition), 782 ff.

At New-Plimoth there is [1624] about 180 persons, some cattell and goats, but many swine and poultry; 32 dwelling houses, whereof 7 were burnt the last winter [1623], and the value of five hundred pounds in other goods; the Towne is impailed about halfe a mile [in] compasse. In the toune upon a high Mount they have a Fort well built with wood, lime, and stone, where is planted their Ordnance: Also a faire Watch-tower, partly framed for the Sentinell. The place it seemes is healthfull, for in these last three yeeres [1621-4], notwithstanding their great want of most necessaries, there hath not one died of the first planters. They have made a saltworke, and with that salt preserve the fish they take; and this yeare [1624] hath fraughted a ship of 180 tunnes.

The Governour is one Master William Bradford;

The most of them live together as one family or household, yet every man followeth his trade and profession both by sea and land, and all for a generall stocke: out of which they have all their maintenance, untill there be a divident betwixt the Planters and the Adventurers.

Those Planters are not servants to the Adventurers here, but have onely councells of directions from them, but no injunctions or command; and all the masters of families are partners in land or whatsoever, setting their labours against the stocke, till certaine yeeres be expired for the division; they have young men and boies for their Apprentises and servants, and some of them speciall families, as Ship-carpenters, Salt-makers, Fish-masters, yet as servants upon great wages.

The Adventurers which raised the stocke to begin and supply this Plantation were about 70:[31] some Gentlemen, some Merchants, some handy-crafts men, some adventuring great summes, some small, as their estates and affection served. The generall stocke already imploied is about 7000 l.; by reason of which charge and many crosses, many of them would adventure no more: but others that knowes so great a designe cannot bee effected without both charge, losse, and crosses, are resolved to goe forward with it to their powers; which deserve no small commendations and encouragement. These [The Adventurers generally] dwell most[ly] about London. They are not a Corporation, but [are] knit together by a voluntary combination in a society without constraint or penalty, aiming to doe good and to plant Religion; they have a President and Treasurer, every yeere newly chosen by the most voices, who ordereth the affaires of their Courts and meetings, and with the assent of the most of them, undertaketh all ordinary business; but in more weighty affaires, the assent of the whole Company is required.

There hath beene a fishing this yeere [1624] upon the Coast about 50. English ships: ... and though I promise no Mines of gold, yet the warlike Hollanders let us imitate but not hate, whose wealth and strength are good testimonies of their treasury gotten by fishing; and New-England hath yeelded already [up to 1624] by generall computation one hundred thousand pounds at the least. Therefore, honourable and worthy Country men, let not the meannesse of the word fish distaste you, for it will afford as good gold as the Mines of Guiana or Potassie, with lesse hazard and charge, and more certainty and facility.

49. Final Source of Plymouth Land Titles

a. The Bradford Charter, January 13/23, 1629/30

Hazard's State Papers (Washington, 1792), I, 298 ff.

Cf. American History and Government, § 55.

[Recital of grant of New England by James I to the Council for New England in charter of 1620.]

Now know yee that the said Councell, by Vertue and Authority of his said late Majestie's Letters pattents, and ... in Consideration that William Bradford and his Associates have for these nine Yeares lived in New-Englande ... and have there ... planted a Towne ... att their owne proper Costs ... and now seeinge that by the speciall Providence of God and [by] their extraordinary Care and Industry, they have encreased their Plantacion to neere three hundred People ... Have given ... and sett over ... unto the said William Bradford, his Heires, Associates, and Assigns, all that Parte of New England [boundaries of the Colony]

... Alsoe it shalbe lawfull and free for the said William Bradford, his Associats, his Heires and Assignes, att all tymes hereafter, to incorporate by some usuall or fitt Name and Title, him or themselves, or the People there inhabitinge under him or them, with Liberty to them and their Successours, from tyme to tyme to frame and make Orders, Ordinances, and Constitucons, as well for the better Governemente of their Affaires here, and the receaving or admitting any to his or their Society, as alsoe for the better Government of his or their People and Affaires in New Englande, or his and their People att Sea in goeinge thither, or returninge from thence, and the same to putt or cause to be putt in Execucon by such Officers and Ministers as he and they shall authorise and depute; Provided that the said Lawes and Orders bee not repugnante to the Lawes of Englande, or the Frame of Governmente by the said Presidente and Councell here after to be established. ... And the said Councell doe hereby covenante and declare, that it is their Intente and Meaninge for the good of this Plantacon, that the said William Bradford his Associats, or their Heires or Assignes, shall have and enjoy whatsoever Priveledge or Priveledges of what kinde soever, as are expressed or intended to be graunted by his said late Majestie's Letters-Pattents, and that in as large and ample manner as the said Councell thereby now may or hereafter can graunte (coyninge of Money excepted). ... And lastly, know yee that wee the said Councell have made and ... appointed Captaine Myles Standish, or, in his absence, Edward Winslowe, ... and John Alden, or any of them, to be our true and lawfull Attorney ... in our Name and Stead, to enter into the said Tracte ... of Lande ... or into some parte thereof ... and in our Names to take possession and seizin thereof, ... and after such possession and seizin, ... then ... in our Names to deliver the full and peaceable possession of all ... the said mencioned ... premises unto the said William Bradford....

[The Plymouth copy of this grant is indorsed:—

"The within named John Alden, authorised as Attorney for the within mentioned Counsill, haveing in their name ... entered into some parte of the within mentioned tracts of Land ... and in their Names taken possession and seazin thereof, did in the name of the said Counsill, deliver the full and peacable possession and seazin of all ... the within mentioned ... premises unto William Bradford, for him, his Heires, Associates, and Assignes....

"In Presence of James Cudworth William Clark Nathaniel Mortan, Secretary."]

b. Surrender of the Bradford Patent to the Plymouth Freemen, March 2/12, 1640/1641

This document was first printed by Hazard in his State Papers (I, 468, 469). The text as given later (1855) in the Plymouth Records has the same spelling in nearly every case, but is somewhat more economical of capital letters. The Hazard text is followed here.

Whereas ... the said William Bradford and divers others the first Instruments of God in the beginninge of this greate work of Plantacon together with such as the Alorderinge God in his Providence soone added unto them have beene at very greate charges to procure the said lands priveledges and freedomes from all entanglements ... by reason whereof the title to the day of this present remayneth in the said William his heires associats and assignes now for the better setling of the state of the said land aforesaid the said William Bradford and those first Instruments termed and called in sondry orders upon publick Record the Purchasers or Old Comers ... whereby they are distinguished from other the freemen and Inhabitants of the said Corporation Be it known unto all men therefore by these presents That the said William Bradford for himself his heires together with the said purchasers do onely reserve unto themselves their heires and assignes those three tracts of land ... together with such other smale percells of lands as they or any of them are personally possessed of or interessed in by vertue of any former titles or graunts whatsoever and the said William Bradford doth by the free and full consent approbacon and agreement of the said Old Planters or Purchasers together with the likeing approbacon and acceptacon of the other part of the said Corporacon surrender into the hands of the whole Court consisting of the Freemen of this Corporacon of New-Plymouth all that ther right and title power authorytie priveledges immunities and freedomes graunted in the said Letters Patents by the said Right Honorable Councell for New England reserveing his and their personall Right of Freemen ... declaring the Freemen of this present Corporacon together with all such as shall be legally admitted into the same his associates ... In witnes whereof the said William Bradford hath in Publicke Court surrendered the said Letters Patents actually into the hands and power of the said Court bynding himselfe his heires executors administrators and assignes to deliver up whatsoever specialties are in his hands that do or may concerne the same.

Memorand. That the said surrender was made by the said William Bradford in publicke Court to Nathaniell Sowther especially authorized by the whole Court to receive the same together with the said Letters Patents in his name and for the use of the whole Body of Freemen....

50. First Code of Laws in America

Plymouth "Fundementals," 1636.

Hazard's State Papers (Washington, 1792), I, 404-410.

The following extracts come from a code (much resembling a bill of rights) drawn up for Plymouth Colony in 1636 by the first representative gathering of that colony. Cf. American History and Government, § 54.

1.—Wee the associates of the Colony of New-Plymouth, coming hither as free born subjects of the kingdom of England, endowed with all and singular the priveleges belonging to such: Being assembled,

Do enact, ordain and constitute; that no act, imposition, law or ordinance be made or imposed on us at present, or to come, but such as shall be enacted by consent of the body of freemen or associates, or their representatives legally assembled; which is according to the free liberties of the free born people of England.

2.—And for the well governing this Colony: It is also resolved and ordered, that there be a free election annually of Governor, Deputy Governor, and assistance, by the vote of the freemen of this corporation....

4.—It is also enacted, that no person in this government shall suffer or be indamaged, in respect of life, limb, liberty, good name or estate, under color of law, or countenance of authority, but by virtue or equity of some express law of the general court of this Colony, or the good and equitable laws of our Nation, suitable for us, in matters which are of a civil nature (as by the court here hath been accustomed) wherein we have no particular law of our own. And that none shall suffer as aforesaid, without being brought to answer by due course and process of Law.

5.—And that all cases, whether capital, criminal, or between man and man, be tried by a jury of twelve good and lawful men, according to the commendable custom of England, except where some express law doth refer it to the judgement of some other judge or inferior court where jury is not; in which case also any party aggrieved, may appeal and have trial by a jury.

And it shall be in the liberty of any person, that is to be tried by a jury to challenge any of the jurors, and if the challenge be found just and reasonable by the bench, it shall be allowed; and others without just exception shall be impanelled in their room: And if it be in case of life and death, the prisoner shall have liberty (according to the law of England) to except against twenty of the jury without giving any reason for the same.

7.—And it is enacted; being the privelege of our charter; that all persons of the age of 21 years, of right understanding and memory, whether excommunicated, condemned or other, having any estate properly theirs to dispose of, shall have full power and liberty to make their reasonable wills and testaments, and other lawful alienations of their lands and estates; be it only here excepted, That such as are sentenced for Treason ... or other capitall crimes, shall forfeit ... for the carrying on the charge of government, their personal estate: Their lands and real estate being still at their disposal.

FOOTNOTES:

XI. THE FOUNDING OF MASSACHUSETTS

51. The Gorges Claim to Massachusetts

a. Charter from the New England Council to Robert Gorges. December 30/January 9, 1622/3

Hazard's State Papers (1792), I, 152 ff. Reprinted from Sir Ferdinando Gorges' Briefe Narration of the Originall Undertakings ... of Plantations into ... America (1658). Gorges' Briefe Narration is reprinted in full in the Massachusetts Historical Society Collections, Third Series, V, 45-93.

The Gorges Charter is short, and is given almost in full below.

[Recital of the grant of 1620 to the Council of New England] Now know all Men by these Presents, that We the Councell of New-England, for, and in respect of the good and speciall Service done by Sir Ferdinando Gorges, Knight, to the Plantation, from the first Attempt thereof unto this present, as also for many other causes us hereunto moving, and likewise for and in Consideration of the Payment of one hundred and sixty pounds of lawfull English Money unto the Hands of our Treasurer, by Robert Gorges, Sonne of the said Sir Ferdinando Gorges, Knight, whereof, and of every Part and Parcell whereof, the said Robert Gorges, his Heires, Executors, and Assignes, are for ever acquitted and discharged, by these Presents; have given, granted and confirmed, and by these Presents do give, grant, and confirme, unto the said Robert Gorges, his Heires and Assignes for ever, all that part of the Main Land in New-England aforesaid, commonly called or known by the name of Messachusiack, situate, lying and being upon the North-East side of the Bay called or knowne by the the Name of Massachuset, or by what other Name or Names soever it be, or shall be called or knowne, together with all the Shoars and Coasts along the Sea, for ten English Miles, in a streight line towards the North-East, accounting one thousand, seven hundred and sixty yards to the Mile, and thirty English Miles (after the same rate) unto the Main Land through all the Breadth aforesaid, together with all the Islets and Islands, lying within three Miles of any Part of the said Lands (except such Islands as are formerly granted): together also with all the Lands, Rivers, Mines and Mineralls, Woods, Quarryes, Marshes, Waters, Lakes, Fishings, Huntings, Fowlings, and Commodities, and Hereditaments whatsoever, with all and singular their Appurtenances, together with all Prerogatives, Rights, Jurisdictions and Royalties, and Power of Judicature in all Causes and Matters whatsoever, Criminal, Capital, and Civil, arising, or which may hereafter arise, within the Limits, Bounds, and Precincts aforesaid, to be executed according to the great Charter of England, and such Lawes as shall be hereafter established by Publique Authority of the State assembled in Parliament in New-England, to be executed and exercised by the said Robert Gorges, his Heires and Assignes, or his or their Deputies, Lieutenants, Judges, Stewards, or other Officers, thereunto by him or them assigned, ... saving and alwayes reserving unto the said Councell, and their Successours, and to the Court of Parliament hereafter to be in New-England aforesaid, and to either of them, power to receive, heare and determine all and singular Appeale and Appeales, of every Person and Persons whatsoever, dwelling or inhabiting within the said Territories and Islands, or either or any of them, to the said Robert Gorges granted as aforesaid, of and from all Judgments and Sentences whatsoever given within the said Territories;...

[Sir Ferdinando Gorges was one of the original patentees of the "Northern Colony" of 1606. More than any other one man, he was instrumental in keeping that enterprise alive and in finally securing its reorganization as the Council of New England in 1620 (No. 42 above). He continued to be prominent in the meetings and business of that Company until its dissolution in 1634. He drew up a plan of government for all New England, in accordance with which the New England Council appointed his son Robert "generall Governor." This governor was to be assisted by a "Councill" consisting of heads of any individual colonies established or to be established. The Governor and Council were to make laws with the assent of a central "Parliament" to be chosen from the several colonies.

Thus Robert Gorges came to America in this double capacity,—patentee of his own small grant on Massachusetts Bay, and General Governor (or "Lieutenant General") of all New England. It was this last position that brought upon him the dislike of Governor Bradford of Plymouth, as noted in American History and Government, § 45, note.]

b. Robert Gorges, Lieutenant General of New England (1623)

From Sir Ferdinando Gorges' "Briefe Narration" (1658), reprinted in Massachusetts Historical Society Collections, Third Series, VI, 74-75.

My son Captain Robert Gorges sent by authority of the Council for those Affairs, as their Lieutenant General.

The several complaints made to the council of the abuses committed by several the fishermen, and other interlopers, who without order from them frequented those coasts, tending to the scorn of our nation ... to the overthrow of our trade, and dishonor of the government,—

For reformation whereof, and to prevent the evils that may ensue, they were pleased to resolve of the sending some one into those parts as their Lieutenant, to regulate the estate of their affairs and those abuses. Hereupon my son Robert Gorges being newly come out of the Venetian war, was the man they were pleased to pitch upon, being one of the Company, and interested in a proportion of the land with the rest of the Patentees in the Bay of the Majechewsett, containing ten miles in breadth and thirty miles into the main land; who, between my Lord Gorges and myself, was speedily sent away into the said Bay of Massechewset, where he arrived about the beginning of August following, anno 1623, that being the place he resolved to make his residence, as proper for the public as well as for his private [affairs]; where landing his provisions and building his storehouses, he sent to them of New Plymouth (who by his commission were authorized to be his assistants) to come unto him, who willingly obeyed his order, and as carefully discharged their duties; by whose experience he suddenly understood what was to be done with the poor means he had, believing the supplies he expected would follow according to the undertakings of divers his familiar friends who had promised as much. But they, hearing how I sped in the House of Parliament, withdrew themselves; and myself and friends were wholly disabled to do any thing to purpose. The report of these proceedings with us coming to my son's ears, he was advised to return home till better occasion should offer itself unto him.

52. The Beginning of Salem Colony

Extracts from the Brief Relation by the Reverend John White, 1630.

For explanation of White's connection with the Company, see American History and Government, § 57 and note.

The ensuing faithful and impartial narration of the first occasions, beginning, and progress of the whole work, is laid before the eyes of all that desire to receive satisfaction, by such as have been privy to the very first conceiving and contriving of this project of planting this Colony....

About ten years since, a company of English, part out of the Low Countries, and some out of London and other parts, associating themselves into one body, with an intention to plant in Virginia, in their passage thither being taken short by the wind, in the depth of winter, the whole ground being under snow, were forced with their provisions to land themselves in New-England, upon a small bay beyond Mattachusets, in the place which they now inhabit, and call by the name of New Plymouth. The ground being covered a foot thick with snow, and they being without shelter, and having amongst them divers women and children, no marvel if they lost some of their company; it may be wondered how they saved the rest. But notwithstanding this sharp encounter at the first, and some miscarriages afterward, yet, conceiving God's providence had directed them unto that place, and finding great charge and difficulty in removing, they resolved to fix themselves there; and being assisted by some of their friends in London, having passed over most of the greatest difficulties that usually encounter new planters, they began to subsist at length in a reasonably comfortable manner; being, notwithstanding, men but of mean and weak estates of themselves; and after a year's experience or two of the soil and inhabitants, sent home tidings of both, and of their well-being there, which occasioned other men to take knowledge of the place, and to take it into consideration.

About the year 1623, some western merchants, who had continued a trade of fishing for cod and bartering for furs in those parts for divers years before, conceiving that a Colony planted on the coast might further them in those employments, bethought themselves how they might bring that project to effect, and communicated their purpose to others, alleging the conveniency of compassing their project with a small charge, by the opportunity of their fishing trade, in which they accustomed to double-man their ships, that, by the help of many hands, they might dispatch their voyage and lade their ship with fish while the fishing season lasted; which could not be done with a bare sailing company. Now it was conceived that, the fishing being ended, the spare men that were above their necessary sailors, might be left behind with provisions for a year; and when that ship returned the next year, they might assist them in fishing, as they had done the former year; and, in the mean time, might employ themselves in building, and planting corn, which, with the provisions of fish, fowl, and venison, that the land yielded, would afford them the chief of their food. This proposition of theirs took so well, that it drew on divers persons to join with them in this project; the rather because it was conceived, that not only their own fishermen, but the rest of our nation that went thither on the same errand, might be much advantaged, not only by fresh victual, which that Colony might spare them in time, but withal, and more, by the benefit of their ministers' labors, which they might enjoy during the fishing season; whereas otherwise, being usually upon those voyages nine or ten months in the year, they were left all the while without any means of instruction at all. Compassion towards the fishermen, and partly some expectation of gain, prevailed so far that for the planting of a Colony in New England there was raised a stock of more than £3000, intended to be paid in in five years, but afterwards disbursed in a shorter time.

How this stock was employed, and by what errors and oversights it was wasted, is, I confess, not much pertinent to this subject in hand. Notwithstanding, because the knowledge there of may be of use for other mens' direction, let me crave leave, in a short digression, to present unto the reader's view the whole order of the managing of such moneys as were collected, with the success and issue of the business undertaken. [Here follows an account of mismanagement and losses, and the failure of the Company.]

But to return to our former subject, from which we digressed. Upon the manifestation of the Western Adventurers' resolution to give off their work, most part of the land men, being sent for, returned. But a few of the most honest and industrious resolved to stay behind, and to take charge of the cattle sent over the year before; which they performed accordingly. And not liking their seat at Cape Anne, chosen especially for the supposed commodity of fishing, they transported themselves to Nahum-Keike, about four or five leagues distant to the southwest from Cape Anne.

Some then of the Adventurers, that still continued their desire to set forward the plantation of a Colony there, conceiving that if some more cattle were sent over to those few men left behind, they might not only be a means of the comfortable subsisting of such as were already in the country, but of inviting some others of their friends and acquaintance to come over to them, adventured to send over twelve kine and bulls more; and, conferring casually with some gentlemen of London, moved them to add unto them as many more. By which occasion, the business came to agitation afresh in London, and being at first approved by some and disliked by others, by argument and disputation it grew to be more vulgar; insomuch that some men showing some good affection to the work, and offering the help of their purses if fit men might be procured to go over, inquiry was made whether any would be willing to engage their persons in the voyage. By this inquiry it fell out that among others they lighted at last on Master Endecott, a man well known to divers persons of good note, who manifested much willingness to accept of the offer as soon as it was tendered; which gave great encouragement to such as were upon the point of resolution to set on this work of erecting a new Colony upon the old foundation. Hereupon divers persons having subscribed for the raising of a reasonable sum of money, a patent was granted with large encouragements every way by his most excellent Majesty. Master Endecott was sent over Governor[32] assisted with a few men, and arriving in safety there in September, 1628, and uniting his own men with those which were formerly planted in the country into one body, they made up in all not much above fifty or sixty persons.

His prosperous journey, and safe arrival of himself and all his company, and good report which he sent back of the country, gave such encouragement to the work, that more adventurers joining with the first undertakers, and all engaging themselves more deeply for the prosecution of the design, they sent over the next year about three hundred persons more, most servants, with a convenient proportion of rotherbeasts, to the number of sixty or seventy, or there about, and some mares and horses; of which the kine came safe for the most part, but the greater part of the horses died, so that there remained not above twelve or fourteen alive.

By this time the often agitation of this affair in sundry parts of the kingdom, the good report of Captain Endecott's government, and the increase of the Colony, began to waken the spirits of some persons of competent estates, not formerly engaged. Considering that they lived either without any useful employment at home, and might be more serviceable in assisting the planting of a Colony in New England, [they] took at last a resolution to unite themselves for the prosecution of that work. And, as it usually falls out, some other of their acquaintance, seeing such men of good estates engaged in the voyages, some for love to their persons, and others upon other respects, united unto them; which together made up a competent number, (perhaps far less than is reported,) and embarked themselves for a voyage to New-England, where I hope they are long since safely arrived [a reference to John Winthrop's expedition].

This is an impartial though brief relation of the occasion of planting of this Colony. The particulars whereof, if they could be entertained, were clear enough to any indifferent judgment, that the suspicious and scandalous reports raised upon these gentlemen and their friends, (as if, under the color of planting a Colony, they intended to raise and erect a seminary of faction and separation,) are nothing else but the fruits of jealousy of some distempered mind, or, which is worse, perhaps, savor of a desperate malicious plot of men ill affected to religion, endeavoring, by casting the undertakers into the jealousy of State, to shut them out of those advantages which otherwise they do and might expect from the countenance of authority. Such men would be intreated to forbear that base and unchristian course of traducing innocent persons under these odious names of Separatists and enemies to the Church and State, for fear lest their own tongues fall upon themselves by the justice of His hand who will not fail to clear the innocency of the just, and to cast back into the bosom of every slanderer the filth that he rakes up to throw in other men's faces. As for men of more indifferent and better tempered minds, they would be seriously advised to beware of entertaining and admitting, much more countenancing and crediting such uncharitable persons as discover themselves by their carriage, and that in this particular, to be men ill affected towards the work itself, if not to religion, at which it aims, and consequently unlikely to report any truth of such as undertake it.

53. The First Charter for Massachusetts Bay

March 4/14, 1628/1629

The text follows the copy of the charter in the Massachusetts Colonial Records, I, 3-19. The charter had been printed earlier (1769) in Hutchinson's Collections of Original Papers, but with a somewhat less faithful text. The document is more than usually verbose, and, if printed in full, it would occupy six times the space given it in this volume. Every grant and provision of any importance, however, is given or summarized in the following pages.

[Recital of the patent of 1620 to the Council for New England, and the subsequent grant[33] by the Council, in March, 1627/8, to Sir Henry Rosewell and others, which grant is by this present charter confirmed.]

And further know yee, That ... Wee ... by theis presents doe ... give and graunt unto the said Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Endecott, Symon Whetcombe, Isaack Johnson, Samuell Aldersey, John Ven, Mathewe Cradock, George Harwood, Increase Nowell, Richard Pery, Richard Bellingham, Nathaniel Wright, Samuell Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pinchion, and George Foxcrofte, theire heires and assignes, All that parte of Newe England in America which lyes and extendes betweene a great river there commonlie called Monomack river, alias Merrimack river, and a certen other river there called Charles river, being in the bottome of a certen bay there commonlie called Massachusetts, alias Mattachusetts, alias Massatusetts bay: And also all and singuler those landes and hereditaments whatsoever, lyeing within the space of three Englishe myles on the south parte of the saide river called Charles river, or of any or every parte thereof: And also all and singuler the landes and hereditaments whatsoever lyeing and being within the space of three Englishe myles to the southward of the southernmost parte of the said baye called Massachusetts ...: And also all those landes and hereditaments whatsoever which lye and be within the space of three English myles to the northward of the saide river called Monomack, alias Merrymack, or to the northward of any and every parte thereof, and all landes and hereditaments whatsoever, lyeing within the lymitts aforesaide, north and south, in latitude and bredth, and in length and longitude, of and within all the bredth aforesaide, throughout the mayne landes there from the Atlantick and westerne sea and ocean on the east parte, to the south sea on the west parte: ... [with mines and fisheries, to be held in free soccage, paying one-fifth part of gold and silver ore. Incorporation, "by the name of the Governor and Company of the Mattachusetts Bay in New England," with succession and rights at law common to corporations, and with a seal.]

And wee doe hereby ... graunte, That ... there shalbe one Governor, one Deputy Governor, and eighteene Assistants ... to be from tyme to tyme ... chosen out of the freemen of the saide Company, for the tyme being, in such manner and forme as hereafter in theis presents is expressed. Which said officers shall applie themselves to take care for the best disposeing and ordering of the generall buysines and affaires of ... the saide landes and premisses ..., and the plantacion thereof, and the government of the people there.

[Appointment of Craddock and Goffe as first Governor and Deputy, and of eighteen of the others named in the opening of the grant as Assistants, "to continue in their offices for such time ... as in these presents is hereafter declared," Governor or Deputy to call meetings of the Company.] And that the said Governor, Deputie Governor, and Assistants ... shall or maie once every moneth, or oftener at their pleasures, assemble, and houlde, and keepe a Courte or Assemblie of themselves, for the better ordering and directing of their affaires. [Seven or more Assistants, with the Governor or Deputy Governor, to be a sufficient Court] and that there shall or maie be held ... upon every last Wednesday in Hillary, Easter, Trinity, and Michas termes respectivelie for ever, one greate, generall, and solemne Assemblie, which foure Generall Assemblies shalbe stiled and called the Foure Greate and Generall Courts of the saide Company: In all and every or any of which saide Greate and Generall Courts soe assembled, Wee doe ... graunte ... That the Governor, or, in his absence, the Deputie Governor ... and such of the Assistants and freemen ... as shalbe present, or the greater nomber of them soe assembled, whereof the Governor or Deputie Governor and six of the Assistants, at the least to be seaven, shall have full power and authoritie to choose, nominate, and appointe such and soe many others as they shall thinke fitt, and that shall be willing to accept the same, to be free of the said Company and Body, and them into the same to admitt, and to elect and constitute such officers as they shall thinke fitt and requisite for the ordering, mannaging, and dispatching of the affaires of the saide Governor and Company. And to make Lawes and Ordinances for the Good and Welfare of the saide Company and for the government and ordering of the saide Lands and Plantacions, and the People inhabiting ... the same ... soe as such Lawes ... be not contrary or repugnant to the Lawes and Statutes of this our Realm of England. ... And wee doe ... ordeyne, That yearely once in the yeare for ever hereafter, namely, the last Wednesday in Easter tearme yearely, the Governor, Deputy Governor, and Assistants ... and all other officers of the saide Company shalbe, in the Generall Court or Assembly to be held for that day or tyme, newly chosen for the yeare ensueing by such greater parte of the said Company for the tyme being, then and there present, as is aforesaide.

[Vacancies caused by the death or removal of any officer of the Company may be filled by new elections. All officers are required to take an oath for the faithful performance of their duties. Permission, in the usual terms, to transport to America English subjects who offer themselves and who are not especially restrained by the King, with the usual guarantee of the rights of Englishmen to such emigrants and their descendants, and with the usual long clauses granting certain tariff privileges to the Company.]

And that the Governor or Deputie Governor ... or either of them, and any two or more of such of the saide Assistants as may be there unto appointed ... shall and maie at all Tymes, and from Tyme to Tyme hereafter, have full Power and Authority to minister and give the Oathe and Oathes of Supremacie and Allegiance, or either of them, to all and everie Person and Persons which shall at any Tyme ... pass to the Landes ... hereby mencioned....

And wee doe ... graunt ..., That it shall ... be lawfull to and for the Governor or Deputie Governor and such of the Assistants and Freemen of the said Company ... as shalbe assembled in any of their Generall Courts aforesaide, or in any other Courtes to be specially summoned and assembled for that purpose, or the greater parte of them, (whereof the Governor or Deputie Governor and six of the Assistants, to be alwaies seaven,) from tyme to tyme to make, ordeine, and establishe all manner of wholesome and reasonable orders, lawes, statutes, and ordinances, directions, and instructions not contrarie to the lawes of this our realme of England, aswell for setling of the formes and ceremonies of government and magistracy fitt and necessary for the said plantation and the inhabitants there, and for nameing and stiling of all sortes of officers, both superior and inferior, which they shall finde needefull for that governement and plantation, and the distinguishing and setting forth of the severall duties, powers, and lymytts of every such office and place, and the formes of such oathes warrantable by the lawes and statutes of this our realme of England as shalbe respectivelie ministred unto them, for the execution of the said severall offices and places, as also for the disposing and ordering of the elections of such of the said officers as shalbe annuall, and of such others as shalbe to suceede in case of death or removeall, and ministring the said oathes to the newe elected officers, and for impositions of lawfull fynes, mulcts, imprisonment, or other lawfull correction, according to the course of other corporations in this our realme of England, and for the directing, ruling, and disposeing of all other matters and things whereby our said people, inhabitants there, maie be soe religiously, peaceablie, and civilly governed, as their good life and orderlie conversation maie wynn and incite the natives of [that] country to the knowledg and obedience of the onlie true God and Savior of mankinde, and the Christian fayth, which, in our royall intention and the adventurers free profession, is the principall ende of this plantation.

And Wee Doe, further ... graunte to the saide ... Company ... that it may be lawful [for the Company and its officers] from Tyme to Tyme, and at all Tymes hereafter, for their speciall Defence and Safety, to incounter, expulse, repell, and resist by Force of Armes, as well by Sea as by Lande, and by all fitting Waies and Meanes whatsoever, all such Persons as shall at any Tyme hereafter attempt or enterprise the Destruction, Invasion, Detriment, or Annoyance to the saide Plantation ... [with the usual clause reserving to the English King the privilege of disavowing wrongful acts by the colony if he prefer to put it out of his allegiance, and without the usual half of the "expulse" clause relating to settlers who "may attempt to inhabit" in the colony without the permission of the Company; provided further that other Englishmen may fish on the coasts of the colony; and with the usual clause promising the Company the most favorable construction of any disputed clause.]

[Hints for Study.—1.—Early New England historians assumed that this charter gave unusual powers. A comparison with the Virginia Company charters of 1609 and 1612, or with the New England Council charter of 1620, shows this assumption wholly false. Students may be asked to find four important powers given to those earlier corporations and not contained in this grant (noting the limited authority here in the inflictions of punishment, and the omission of the power to regulate settlement in connection with the usual "expulse, repel, etc." clause). The charter is not "very liberal," but very limited. This is more apparent when we notice that all these powers missing in this charter (or vaguely phrased here) reappear in the usual explicit form in the charter granted a few months later to the company for planting Providence Isle (No. 55, below).

2.—American historians (e.g. John Fiske, in Beginnings of New England) have often assumed that this charter used loose language as to the oath of supremacy in order that the Puritans might set up their own form of worship. The wording, however, is practically identical with that of the Virginia Company charter of 1612—from which unquestionably it was copied, with only the necessary changes of names. (Let students verify this statement.)

3.—With the overthrow of these false assumptions goes another (in great measure) founded upon them,—i.e. that the Puritans intended, when they were securing this charter, to bring it to America and use it as a constitution for a free state. This assumption, however, is worth further investigation by the student, because it offers so admirable a lesson in historical criticism.

A single sentence of Governor John Winthrop's has been taken often as sufficient proof that the grantees so intended. Indeed (except for the groundless assumptions of 1 and 2 above, and for the equally worthless consideration discussed in 4 below) there is no other evidence.[34] Winthrop states that, in drawing up the charter, there was at first a clause which would have fixed the Company in England, "and, with much difficulty, we got it abscinded." Winthrop is high authority. But this sentence was written fifteen years after the event, and it is interjected hastily, as a parenthesis, in a bitter controversy (Life and Letters, II, p. 443). It could have been only "hearsay" at the best; since Winthrop did not belong to the Company until some months after the charter was secured (though he seems to have forgotten that for the moment when he says "we"). Such evidence would prove little in a law court, even if there were no evidence on the other side.

But there is evidence on the other side,—abundant, conclusive, unimpeachable.

(1) The abstract of the charter (docket) presented to the king by his legal advisors shows with absolute certainty that they and the grantor expected the charter powers to be exercised "here in England" (No. 54 below).

(2) The official records of the Company, made at the time, declare explicitly that Governor Cradock's proposal to transfer the charter to America (five months after it was granted) was "conceived by himself." Further, the general tenor of those records for those five intervening months agree wholly with the idea that the Company then had no thought of leaving England (see some extracts, No. 57 below), and they contain, in their fifty odd pages, no single suggestion of the other sort. Most conclusive of all, the Records show that even after the surprised Company had come to look with approval upon Cradock's proposal, they could not easily adjust their plans and financial interests to the new movement. (Advanced students will find the proof in the Records. It is impossible to represent them here in the necessary complete detail to show this. It may be added, however, that Cradock's proposal of July 28 was first debated, then deferred a month for secret consideration; then debated, in two meetings, by assigned sets of debaters for the two sides of the argument; then legal advice was sought, with what result, we don't know; and afterwards many plans were discussed as to how the transfer could be made without "prejudicing" the interests of the majority of the Company[35]. See Nos. 57, 58, for some of the evidence.)

Of the 110 members of the Company in England, only about one fourth ever came to America. Cradock himself never came,—though he had lands and servants here. Most of the members, who stayed in England, lost all their investment eventually. Indeed, in the summer of 1629, the Company was already in serious financial straits. A special inventory, in the fall, rated the stock at only one third the face value. This condition may have inclined some stockholders to favor Cradock's proposition in July. The funds paid in for stock by Winthrop and other new members made it possible for old members to draw out (on this reduced scale). In this sense, the new members "bought" out some of the old ones.

4.—No place of meeting is suggested in the charter. This probably resulted from the fact that the Company was made up partly of Londoners, partly of Dorchester men (from the West of England; cf. American History and Government, § 57). All such previous colonizing corporations for America had been designated geographically (probably for convenient descriptions, rather than for limitation). But the "Council of Plymouth in the County of Devon" had never held a meeting at Plymouth: its records show that all its meetings were held at London. This fact may have helped to make the even more composite Massachusetts Company wary about having a place of meeting mentioned in their fundamental law. If John Winthrop is right in his statement of fifteen years later (above) that such a limitation was at first put into this document and that "with much difficulty we got it abscinded," then we may be sure that the Company desired that elision, not in order that they might hold meetings in America (as Winthrop afterward assumed), but to prevent their being hampered in England. This view is made practically certain when we observe the clause regarding place of meeting in the charter of the Providence Isle Company (below). That company certainly never expected to hold its meetings out of England, but it guards against being hampered, not by mere silence, but by express provision that it may meet where it likes.]

54. Docket of the Massachusetts Charter, 1629

When the king granted a charter, an exact copy, known as "the King's Bill," was presented to him, with a docket, or abstract, approved by his Attorney-General. This docket was what the king, or his council, read.

The following docket, now attached to the King's Bill of this charter in the London Record Office, is printed in the Massachusetts Historical Society Proceedings for 1869-1870, pages 172-173. The italics are used in this reproduction to call attention to important matters.

May it please your most Excellent Majestie.

Whereas your Majesties most deare and royall father did, by his letteres Patents in the 18th yeare of his raigne, incorporate divers noblemen and others by the name of the Councell for the planting of New England in America and did thereby grant unto them all that part of America which lyeth betweene 40 degrees of Northerly latitude and 48 inclusive,—with divers priviledges and immunities. ... Which said Councell have sithence by theire Charter in March last [1628] granted a part of that Continent to Sir Henrie Rosewell and others, their heires and associates, for ever, with all jurisdiccions, rightes, priviledges, and commodities of the same.

This Bill conteineth your Majesties confirmacion and Grant to the said Sir Henry Rosewell and his partners and their Associates and to their heires and assignes for ever of the said part of New England in America, with the like tenure in socage and reservacion of the fifth part of gould and silver oare,—Incorporating them also by the name of the Governor and Company of the Mattachusetts Bay in New England in America,—with such clauses for the electing of Governors and Officers here in England for the said Company, and powers to make lawes and Ordinances for setling the Governement and Magistracie of the plantacion there, and with such exempcions from Customes and Imposicions and some [such?] other privilledges as were originallie granted to the Councell aforesaid and are usuallie allowed to Corporacions in England.

And is done by direccion from the Lord Keeper upon your Majesties pleasure therein signified to his Lordship by Sir Ralph Freeman.

(Signed)

Ri. Shilton.

55. Excursus: For a Comparative Study of Charters

Notes upon the Charter for the Company of Westminster for the Plantation of the Island of Providence

December 4/14, 1630

This very important charter has never been printed. An abstract in the Colonial State Papers seemed so significant that the editor of this volume secured a complete transcript of the charter from the manuscript in the British Record Office. On that transcript, the notes below are based.

The colony of Providence Isle was of little weight, and the charter of the proprietary Company, accordingly, has received scant attention. That document, however, issued twenty-one months later than that of the Massachusetts Bay Company, is in many ways the culmination of the series of grants to English corporations for colonizing purposes. All the powers granted to proprietaries in earlier charters, including those which were dropped out in the Massachusetts charter, reappear here; and in some important matters there is much new detail. A study of this document removes the last possible basis for the claims of the older New England historians that the Massachusetts charter was in any peculiar way adapted to the purpose of a transfer to America.

1. Puritan membership.—The incorporators comprise the Earl of Warwick, Lord Say and Sele, Sir Nathaniel Rich, Oliver St. Johns, and John Pym,—all prominent leaders of the Puritan party, more prominent than any Puritans in the Massachusetts Company.

2. Sectarianism.—The Company is given the "Patronages and Advowsons" of "all" churches and chapells,—without even a restriction as to the customs of the Church of England (such as is found in the Baltimore charter). If this provision had been in the Massachusetts charter, Puritan historians would have found it certain proof of an intention to build a non-conformist state. The passage conferring authority to impose the oath of supremacy is copied from the charters of 1612 and 1629. No other sectarian restriction occurs.

3. Place of meeting.—The Company are to govern themselves and their settlement (as the Virginia Company of 1612 and the Massachusetts Bay Company) in four "General Courts" each year; but these courts are to be held "in any place or places by themselves to be appointed." (And, again, the Company is authorized to hold its courts "in any place or places convenient"). Surely, this disposes of the ancient argument that the omission of a specific place of meeting in the Massachusetts charter suggests an intention to establish some place out of England.

The facts as to a specific meeting place for a colonizing corporation in England seem to be as follows:

a. The charter of 1606 establishes two sub-companies, which necessarily are designated geographically to distinguish one from the other; and the charters of 1609, 1612, and 1620 use geographical designations, necessarily, to show to which one of those sub-companies they respectively apply.

b. But the "Plymouth Council" (charter of 1620) did not regard its geographical designation as fixing its place of meeting, or else it found it necessary to ignore the restriction. All its meetings were held, not at Plymouth, but in London.

c. The Massachusetts Bay Company was made up of two bodies of men, one from the east, one from the west of England. This fact, together with the experience of the Plymouth Council, probably made them unwilling to have a place of meeting fixed in their charter.

d. The Providence Isle charter carries this development, as suggested above, to its logical conclusion, permitting the Company itself to fix the places for its meetings. But this last Company certainly never expected to leave England. So the old argument from the omission of a specific place in the charter of the Massachusetts Company falls to the ground.

4. Law making.—In the General Courts the Company is empowered "to ordaine frames of Government, with all things thereto incident; and to make reasonable lawes ... not being contrarie to the Lawes of this our Realme of England ... for the Government of the Company ... and of all Collonyes which shall be planted ... in the said Islands ... and to appoint, by such title as they ... shall thinke good, such ... offices and officers ... for such Times and with such powers, as they shall thinke good, both for the Company here within our Realme of England and for the Collonies in the said Islands ... and the said Offices and Officers ... to alter ... and displace, and in their places, to appoint others ... and the said Lawes ... to put into execution."...

5. Admiralty jurisdiction conferred.

6. Local Government. Power to divide the territory into "Provinces, Counties ... Hundreds, Mannors," or other units, and to erect and fortify villages, etc., and to grant letters of incorporation to towns and burroughs, "with all Liberties and things unto Corporations requisite and usual within this our Realme of England"; and to set up markets; and to constitute and appoint magistrates and all manner of officers for all local units, with fit legislation for them.

7. Power of punishment to extend to "life and members," with authority to exercise martial law.

8. Right to settle restricted to those having a license from the Company.

9. Rights of Englishmen guaranteed to settlers and their posterity.

10. Company to coin money (not gold or silver).

11. Repetition of the usual privileges granted in earlier charters, and a "blanket clause" promising the Company "all such Prerogatives," etc., as have ever been granted to any colonizing Company in England.

56. The Massachusetts Company's Agreement with Mr. Higginson

Alexander Young's Chronicles of Massachusetts (1846), 209 ff. Young modernized the spelling. On March 19, at a meeting of the Company, it had been decided to try to secure Higginson for the coming voyage.

A true note of the allowance that the New-England [Massachusetts Bay] Company have, by common consent and order of their Court and Council, granted unto Mr. Francis Higginson, Minister, for his maintenance in New-England, April 8, 1629.

1.—Imprimis, that 30 pounds in money shall be forthwith paid him by the Company's treasurer towards the charges of fitting himself with apparel and other necessaries for his voyage.

2.—Item, that 10 pounds more shall be paid over by the said treasurer towards the providing of books for present use.

3.—Item, that he shall have 30 pounds yearly paid him for three years, to begin from the time of his first arrival in New-England, and so to be accounted and paid him at the end of every year.

4.—Item, that during the said time, the Company shall provide for him and his family necessaries of diet, housing and firewood, and shall be at charges of transporting him into New-England; and at the end of the said three years, if he shall not like to continue there any longer, to be at the charge of transporting him back for England.

5.—Item, that in convenient time a house shall be built, and certain lands allotted thereunto; which, during his stay in the country, and continuance in the ministry, shall be for his use; and after his death or removal, the same to be for succeeding ministers.

6.—Item, at the expiration of the said three years, a hundred acres of land shall be assigned to him and his heirs forever.

7.—Item, that in case he shall depart this life in that country, the said Company shall take care for his widow during her widowhood and abode in that country and Plantation; and the like for his children whilst they remain upon the said Plantation.

8.—Item, that the milk of two kine shall be appointed towards the charges of diet for him and his family as aforesaid, and half the increase of calves during the said three years; but the said two kine, and the other half of the increase, to return to the Company at the end of the said three years.

9.—Item, that he shall have liberty of carrying over bedding, linen, brass, iron, pewter, of his own, for his necessary use during the said time.

10.—Item, that if he continue seven years upon the said Plantation, that then a hundred acres of land more shall be allotted him for him and his forever....

Further,[36] though it was not mentioned in the Agreement, but forgotten, Mr. Higginson was promised a man-servant, to take care and look to his things, and to catch him fish and fowl, and provide other things needful, and also two maid-servants, to look to his family.

57. First Government in Massachusetts Bay under the Company in England; April, 1629

Records of the Governor and Company of Massachusetts Bay (1853; edited by Nathaniel Shurtleff), I, 361 ff.

The early records were kept very informally,—more so than would pass with a high school debating society today. This particular entry is placed by the editor far out of its chronological order, preserved as it was on a loose sheet of manuscript. Previous to the transfer of the Company to America, the records as printed would fill about one hundred pages of this volume.

A generall Court, holden at London, the 30th Day of Aprill, 1629, by the Governor and Company of the Mattachusetts Bay in New England.

Whereas the Kings most excellent Majesty hath bin gratiously pleased to erect and establish us, by his lettres pattents, under the great seale of England, to bee a body corporate, entytuled the Governor and Company of the Mattachusetts Bay in New England, and therby hath endowed us with many large and ample priviledges and immunities, with power to make good and wholsome lawes, and ordinances for the better maintenance and support of the said priviledges and for the better and more orderly and regular government, to bee observed in the prosecucion and propagacion of our intended voyages and the plantacion there, authorising us to nominate and appoint and select fitt persons amoungst ourselves for the managing, ordering, and governing of our affaires, both in England and in the places speyed and graunted unto us by vertue of his majestys said charter, wee have, in the prosecucion of the said power and authoritie given us ... thought fitt to settle and establish an absolute government at our plantacion in the said Mattachusetts Bay in New England, which, by the vote and consent of a full and ample Court now assembled, is ... ordered as followeth, viz.:—

That thirteene of such as shalbe reputed the most wyse, honest, expert, and discreete persons resident upon the said plantacion, shall from tyme to tyme, and at all tyme hereafter, have the sole managing and ordering of the government and our affaires there, who, to the best of their judgments, are to endeavor soe to settle the same as may make most to the glory of God, the furtherance and advancement of this hopeful plantacion, the comfort, encouragement, and future benefitt of us and others, the beginners and prosecutors of this soe laudable a worke. The said 13 persons soe appointed to bee entytled by the name of the Governor and Councell of Londons Plantacion in the Mattachusetts Bay in New England.

And having taken into due consideracion the meritt, worth, and good desert of Captain John Endecott, and others lately gone over from hence with purpose to resyde and continue there, wee have, with full consent and authoritie of this Court, and by ereccion of hands, chosen and elected the said Captain John Endecott to the place of present Governor in our said plantacion.

Also, by the same power, and with the like full and free consent, wee have chosen and elected Mr. Francis Higgeson, Mr. Samuel Skelton, Mr. Francis Bright, Mr. John Browne, Mr. Samuel Browne, Mr. Thomas Graves, and Mr. Samuell Sharpe, these seaven, to bee of the said councell, and doe hereby give power and authoritie to the said Governor and those seaven to make choice of 3 others, such as they, or the greater nomber of them, in their discrecions, shall esteeme and conceive most fitt thereunto, to bee also of the said councell.

And to the end that the former planters there may have noe just occasion of excepcion, as being excluded out of the priviledges of the Company, this Court are content, and doe order, by ereccion of hands, that such of the said former planters as are willing to live within the lymitts of our plantacion shalbe enabled, and are hereby authorized, to make choice of 2 such as they shall thinke fitt, to supply and make upp the nomber of 12 of the said councell, one of which 12 is, by the Governor and councell, or the major part of them, to bee chosen Deputie to the Governor for the tyme being....

It is further concluded on and ordered by this Court, that the said Governor, Deputie, and councell, before named, soe chosen and established in their severall places, shall continue and bee confirmed therin for the space of one whole yeare from and after the taking the oath, or untill such time as this Court shall thinke fitt to make choice of any others to succeed in the place or places of them or any of them....

And it is further agreed on and ordered, that the Governor for the tyme beeing shall have power, and is heereby authorized, to call courts and meetings in places and at tymes convenyent, as to his discrecion shall seeme meete, which power is also conferred upon the Deputie in the absence of the said Governor; and the said Governor or Deputie, togeather with the said councell, being chosen and assembled as aforesaid, and having taken their oaths respectively to their severall places, they, or the greater nomber of them, whereof the Governor or Deputie to bee always one, are authorized by this act, grounded on the power derived from his majestys charter, to make, ordaine, and establish all manner of wholsome and reasonable lawes, orders, ordinances and constitucions, (soe as the same bee noe way repugnant or contrary to the lawes of the realme of England) for the administring of justice upon malefactors, and inflicting condigne punishment upon all other offendors, and for the furtherance and propagating of the said plantacion, and the more decent and orderly government of the inhabitants resydent there.

[This establishment of a subordinate government in Massachusetts corresponds to the government in Virginia in 1614, perhaps,—before the Virginia Company granted self-government to the settlement. There is no hint, here, be it noted, that this arrangement was soon to be superseded by the transfer of the English Company itself to America. Ten meetings are recorded between the one when these orders were taken and the one (next given here) in which that suggestion first appears.]

FOOTNOTES:

XII. THE COLONY BECOMES A PURITAN ENTERPRISE

58. Decision to Transfer the Charter to the Colony

a. First Official Proposition to Transfer the Charter to America

Records of the Governor and Company of Massachusetts Bay, I, 47-51.

A Generall Court, holden for the Company of the Mattachusetts Bay, in New England, at Mr. Deputies House, on Tewsday, the 28 of July, 1629.

Present,

Mr. Matthew Cradock, Governor,

Mr. Thomas Goff, Deputie,

Mr. George Harwood, Treasurer,

Mr. Thomas Adams,

Mr. Nathaniell Wright,

Mr. Theophilus Eaton,

Mr. Richard Perry,

Mr. Joseph Bradshawe,

Mr. Burnell,

Mr. Rivet,

Mr. Daniel Ballard,

Mr. Spurstowe,

Mr. Increase Noell,

Mr. Symon Whetcombe,

Mr. John Pococke,

Mr. Colson,

Mr. Hutchins,

Mr. William Pinchon,

Mr. Samuel Vassail, Assistants,

Mr. Thomas Hewson,

Mr. Woodgate,

Mr. Web,

Mr. Crane, Generalitie.

... [A long meeting with much business]

And lastly, Mr. Governor read certaine proposicions conceived by himselfe, viz, that for the advancement of the plantacion, the inducing and encouraging persons of worth and qualitie to transplant themselves and famylyes thether,[37] and for other weighty reasons therein contained, to transferr the government of the plantacion to those that shall inhabite there, and not to continue the same in subordinacion to the Company heer, as it now is. This business occasioned some debate; but by reason of the many great and considerable consequences therupon depending, it was not now resolved upon; but those present are desired privately and seriously to consider hereof, and to sett down their particular reasons in wryting, pro and contra, and to produce the same at the next Generall Court, where, they being reduced to heads and maturely considered of, the Company may then proceede to a fynall resolucion there [on]; and in the meane tyme they are desired to carry this businesse secretly, that the same bee not divulged.