FOOTNOTES:
[28] The correct vote, according to the Company's Records (I, 212), is 59, 23, and 18 (No. 28 below). This, of course, was the election in April, 1619, by which the Liberals came into power. Cf. American History and Government, §§ 27, 49 and note.
[29] Things did "settle" rapidly. Bradford's narrative continues: "But at last after all these things and their long attendance, they had a Patent granted them and confirmed under the Companies seale [June 9/19, according to Records of the Virginia Company for May 26 and June 9, 1619]. ... By the advice of some of their friends, this pattente was not taken in the name of any of their owne, but in the name of Rev. John Wincob (a religious gentleman then belonging to the Countess of Lincoline), who intended to goe with them. But God so disposed as he never went, nor they ever made use of this patente, which had cost them so much labour and charge. ..."
[30] Bradford's longer accounts are omitted here, because they are quoted so freely in American History and Government.
[31] Bradford gives forty-two names,—those still interested in 1626. (Bradford's Letter Book, Massachusetts Historical Society Collections, First Series, III, 48.) In his latest work (Advertisements, etc., 1630) Smith implies that the London merchants lost far the greater part of their investment,—"being out of purse six or seven thousand pounds," and accepting in lieu of this the promise of the Planters in 1627 "to pay them for nine years two hundred pounds yearely, without any other account [settlement]." Smith, no doubt, heard only the merchants' side and exaggerates their loss. Bradford's History shows that the accounts were badly muddled.
[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 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. 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.] 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. 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. 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. 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.]53. The First Charter for Massachusetts Bay
54. Docket of the Massachusetts Charter, 1629
55. Excursus: For a Comparative Study of Charters
56. The Massachusetts Company's Agreement with Mr. Higginson
57. First Government in Massachusetts Bay under the Company in England; April, 1629