Vice-President of the Massachusetts Historical Society.
The Council for New England.—This body was incorporated in the eighteenth year of the reign of James I., on the 3d of November, 1620, under 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 corporation consisted of forty patentees, the most of whom were persons of distinction: thirteen were peers, some of the highest rank. The patentees were empowered to hold territory in America extending from the fortieth to the forty-eighth degree of north latitude, and westward from the Atlantic to the Pacific, and they were authorized to settle and govern the same. This charter is the foundation of most of the grants which were afterward made of the territory of New England.
This Company was substantially a reincorporation of the adventurers or associates of the Northern Colony of Virginia, with additional privileges, placing them on a footing with their rivals of the Southern Colony, whose franchise had been twice enlarged since the issuing of the original charter of April 10, 1606, which incorporated both companies. A notice of this earlier enterprise will but briefly detain us.
While the Southern Colony had attracted the wealth and influence of leading adventurers who represented the more liberal party in the government, and were enabled to prosecute their plans of colonization with vigor to a good degree of success, the Northern Colony had signally failed from the beginning. The former had established at Jamestown, in 1607, the first permanent English Colony in America. The latter produced no greater results than the abortive settlement at Sabino, known as the Popham Colony.[522] The discouragement following upon its abandonment prompted the withdrawal of many of the adventurers, though the organization of the patentees still survived; but of their meetings and records we have no trace. Sir Ferdinando Gorges himself would not despair, but engaged his private fortune in fishing, trading, and exploring expeditions, and in making attempts at settlement. Many of these enterprises he speaks of as private ventures, while the Council for New England, in their Briefe Relation, of 1622, which I have sometimes thought was written by Gorges himself, speaks of them in the name of the Company. The probability is that Gorges was the principal person who kept alive the cherished scheme of settling the country, and by his influence a few other persons were engaged, and the name of the Council covered many of these enterprises.
Gorges now conceived the scheme of a great monopoly. King James had reigned since 1614 without a parliament, and during the following years down to the meeting of the next parliament, in January, 1620/21, a large part of the business of the country had been monopolized by individuals or by associations that had secured special privileges from the Crown. Gorges was a friend of the King and of the “prerogative.” Under the plea of desiring a new incorporation of the adventurers of the Northern Colony, in order to place them on an equality of privileges with the Southern Colony, Gorges had devised the plan of securing a monoply of the fishing in the waters of New England for the patentees of the new corporation, and for those who held or purchased license from them. He had the adroitness to enlist in his favor a large number of the principal noblemen and gentlemen. Relative to his proceedings, Gorges himself says: “Of this, my resolution, I was bold to offer the sounder considerations to divers of his Majesty’s honorable Privy Council, who had so good liking thereunto as they willingly became interested themselves therein as patentees and councillors for the managing of the business, by whose favors I had the easier passage in the obtaining his Majesty’s royal charter to be granted us according to his warrant to the then solicitor-general,” etc. The petition for the new charter was dated March 3, 1619/20; the warrant for its preparation, July 23; and it passed the seals Nov. 3, 1620.
An inspection of the several patents granted by King James will show that, in those of 1606 and 1609, among the privileges conferred is that of “fishings.” But the word is there used in connection with other privileges appertaining to and within the precincts conveyed, such as “mines, minerals, marshes,” etc., and probably meant “fishings” in rivers and ponds, and not in the seas. In the patent of Nov. 3, 1620, a similar clause ends, “and seas adjoining,” which may be intended to cover the alleged privilege. In this patent, as in the others, there is no clause forbidding free fishing within the seas of New England; but all persons without license first obtained from the Council are, in the patent of Nov. 3, 1620, forbidden to visit the coast, and the clause of forfeiture of vessel and cargo is inserted. This prevented fishermen from landing and procuring wood for constructing stages to dry their fish.
A few days after the petition of Gorges and his associates had been presented to the King for a new charter, with minutes indicating the nature of the privileges asked for, the Southern Colony took the alarm, and the subject was brought before its members by the treasurer, Sir Edwin Sandys, at a meeting on the 15th of March, 1619/20, at which a committee was appointed to appear before the Privy Council the next day, to protest against the fishing monopoly asked for by the Northern Colony. The result of the conference, at which Gorges was present, was a reference to two members of the Council,—the Duke of Lenox and the Earl of Arundell, both patentees in the new patent; and they decided or recommended that each colony should fish within the bounds of the other, with this limitation,—“that it be only for the sustentation of the people of the colonies there, and for the transportation of people into either colony.” This order gave satisfaction to neither party. The Southern Colony protested against being deprived of privileges which they had always enjoyed. Gorges contended that the Northern Colony had been excluded from the limits of the rival company, and he only desired the same privilege of excluding them in turn. The matter came again before the Privy Council on the 21st of July following, and that board confirmed the recommendation of the 16th of March. Two days later, on the 23d of July, the warrant to the solicitor-general for the preparation of the patent was issued, and it passed the seals, as already stated, on the 3d of November.
On the following day, November 4, Sir Edwin Sandys announced at a meeting of the Southern Colony, or what was now known as the Virginia Company, that the patent of Sir Ferdinando Gorges, containing certain words which contradicted a former order of the Lords of the Council, had passed the seals, and that the adventurers of the Northern Colony by this grant had utterly excluded the Southern Colony from fishing on that coast without their leave and license first sought and obtained. By a general consent it was resolved to supplicate his Majesty for redress, and Sir Thomas Roe was desired to present the petition which had been drawn.
On the 13th Sir Thomas Roe reported that he had attended to that duty, and that the King had said that if anything was passed in the New England patent prejudicial to the Southern Colony, it was surreptitiously done, and without his knowledge, and that he had been abused thereby by those who pretended otherwise unto him. This was confirmed by the Earl of Southampton, who further said that the King gave command to the Lord Chamberlain, then present, that if this new patent were not sealed, to forbear the seal; and if it were sealed and not delivered, to keep it in hand till they were better informed. His Lordship further signified that on Saturday last they had been with the Lord Chancellor about it, when were present the Duke of Lenox, the Earl of Arundell, and others, who, after hearing the allegations on both sides, ordered that the patent should be delivered to be perused by some of the Southern Colony, who were to report what exceptions they found thereunto against the next meeting. Two days later it was announced through the Earl of Southampton that, at a recent conference with Gorges, it was agreed that for the present “the patent of Sir Ferdinando Gorges should be sequestered and deposited in my Lord Chancellor’s hands according to his Majesty’s express command.”
The Council for New England, in their Briefe Relation (1622) of these proceedings, recounting the opposition of the Virginia Company, say that “lastly, the patent being passed the seal, it was stopped, upon new suggestions to the King, and by his Majesty referred to the Council to be settled, by whom the former orders were confirmed, the difference cleared, and we ordered to have our patent delivered us.”