The meeting at which the division was made is the last of which we have any record for a number of years, and the history of the Company during these years must be gathered from other sources. The grand colonial scheme intended to be put in operation never went into effect; and at a late period the Council say, concerning this division, that hitherto they have never been confirmed in the lands so allotted.
A new Parliament was summoned to meet February 12, 1623/24, and on the 24th we find this minute: “Mr. Neale delivereth in the bill for free liberty of fishing upon the coasts of America.” “Five ships of Plymouth under arrest, and two of Dartmouth, because they went to fish in New England. This done by warrant from the Admiralty. To have these suits staid till this bill have had its passage. This done by Sir Ferdinando Gorges his Patent. Ordered, that this patent be brought into the Committee of Grievances upon Friday next.” March 15, 1623/24, an Act for freer liberty of fishing, as previously introduced, was committed to a large committee, of which Sir Edward Coke was chairman. On the 17th, Sir Edward reported from this committee that they had condemned one grievance, namely, “Sir Ferdinand Gorges his patent for a plantation in New England. Their council heard, the exceptions being first delivered them. Resolved by consent, that, notwithstanding the clause in the patent dated 3d November, 18th Jac., that no subject of England shall visit the coast upon pain of forfeiture of ship and goods, the patentees have yielded that the Englishmen shall visit, and that they will not interrupt any fisherman to fish there.” Finally it was enacted by the House that the clause of forfeiture, being only by patent and not by act of Parliament, was void.
Gorges himself gives a graphic picture of the scene when he, with his counsel, was before the Committee of the House, and he spoke so unavailingly in defence of his patent. This patent was the first presented from the Committee of Grievances. “This their public declaration of the Houses ... shook off all my adventurers for plantation, and made many of the patentees to quit their interest;” so that in all likelihood he would have fallen under the weight of so heavy a burden, had he not been supported by the King, who would not be drawn to overthrow the corporation he so much approved of, and Gorges was advised to persevere. Still he thought it better to forbear for the present, though the bill did not become a law of the realm. Soon afterward the French ambassador made a challenge of all those territories as belonging of right to the King of France, and Gorges was called to make answer to him; and his reply was so full that “no more was heard of that their claim.”
Being unable to enforce the claim whence was to come the principal source of its income, and the larger part of the patentees having abandoned the enterprise, the Great Council for New England, whose patent had been denounced by the House of Commons as a monopoly and opposed to the public policy and the general good, became a dead body. In the following year, 1625, we hear of Gorges as commander of one of the vessels in the squadron ordered by Buckingham to Dieppe for the service of the King of France. Finding on his arrival that the vessels were destined to serve against Rochelle, which was then sustaining a siege, Gorges broke through the squadron, and returned to England with his ship.
In the summer of 1625 the Plymouth people were in great trouble by reason of their unhappy relations to the Adventurers in London, and Captain Standish was sent over to seek some accommodation with them. At the same time he bore a letter from Governor Bradford to the Council of New England, urging their intervention in behalf of the colony “under your government.” But Bradford says that, by reason of the plague which that year raged in London, Standish could do nothing with the Council for New England, for there were no courts kept or scarce any commerce held.
Two years later, in the summer of 1627, Governor Bradford again wrote to the Council for New England, under whose government he acknowledged themselves to be, and also to Sir Ferdinando Gorges himself, advising them of the encroachments of the Dutch, and also making complaints of the disorderly fishermen and interlopers, who, with no intent to plant, and with no license, foraged the country and were off again, to the great annoyance of the Plymouth settlers.
After a patent to Christopher Levett, of May 5, 1623, the Council appear to have made no grants of land till, in 1628, two patents were issued,—one to the Plymouth people of land on the Kennebec River, and one to Rosewell, Young, Endicott, and others, patentees of Massachusetts. These were followed by a grant to John Mason, of Nov. 7, 1629, the Laconia grant of Nov. 17, 1629, that to Plymouth Colony of Jan. 13, 1629/30, and sundry grants of territory in the present States of Maine and New Hampshire.
The records of the Council, of which there is a hiatus of over eight years in the parts now extant (and the latter portion is a transcript with probably many omissions), begin on the 4th of November, 1631, with the Earl of Warwick as president, and contain entries of sundry patents granted, and of the final transactions of the Company during its existence. Precisely when the Earl of Warwick was chosen president we do not know. His name appears in the Plymouth patent of Jan. 13, 1629/30, as holding that office, and it is quite likely that he was president when the Massachusetts patent was issued, he being chiefly instrumental in passing that grant. The Council seem now to have revived their hopes as they did their activity. As late as Nov. 6, 1634, divers matters of moment were propounded: “First, that the number of the Council be with all convenient speed filled. [It appears by a previous meeting that there were now but twenty-one members in all, whereas the patent called for no less than forty.] Second, that a new patent from his Majesty be obtained.” Also, that no ships, passengers, nor goods be permitted to go to New England without license from the President and Council; and that fishermen should not be allowed to trade with savages, nor with the servants of planters, nor to cut timber for stages, without license. This, surely, is a revival of the old odious policy. We do not know if any of these orders were adopted.
There seems at this time to have arisen a serious misunderstanding or quarrel between the Council and their President, the Earl of Warwick. It first appears at a meeting held June 29, 1632. The President was not present at this meeting, though it was held, as the meetings had been held for some years past, at “Warwick House.” An order was adopted “that the Earl of Warwick should be entreated to direct a course for finding out what patents have been granted for New England.” At the same meeting the clerk was sent to the Earl for the Council’s great seal, which was in his lordship’s keeping; and word came back that he would send it when his man came in. It was also ordered that the future meetings of the Council be held at the house of Captain Mason, in Fenchurch Street. But the seal was not sent, and two more formal requests were made for it during the next six months. Captain John Mason was chosen vice-president Nov. 26, 1632. The records for 1633 and 1634 are wanting. Early in 1635 the Council resolved to resign their patent into the hands of the King; preparatory to which they made a new partition of the territory of New England, dividing it among themselves, or, according to the records, among eight of their number. Of what precise number the Council consisted at this time we have no means of knowing. The division was made at a meeting held Feb. 3, 1634/35, and to the description of each particular grant the members on the 14th of April affixed their signatures, each person withholding his signature to his own share. In making this division it was ordered that every one who had lawful grants of land, or lawfully settled plantations, should enjoy the same, laying down his jura regalia to the proprietor of this division, and paying him some small acknowledgment. A memorandum is also made that “the 22d day of April several deeds of feoffment were made unto the several proprietors.”
The act of surrender passed June 7, 1635. Lord Gorges had been chosen president April 18. The Company seem to have been kept alive till some years later, as there is an entry as late as Nov. 1, 1638, at which it was agreed to augment the grants of the Earl of Sterling and Lord Gorges and Sir F. Gorges, the two latter to have “sixty miles more added to their proportions further up into the main land.” Of course, in making this division the whole patent of Nov. 3, 1620, was not divided, for that ran from sea to sea. It was a division on the New England coast, running back generally sixty miles inland. It was part of the plan to procure from the King, under the great seal of England, a confirmation of these several grants. Lord Sterling’s grant included also Long Island, near Hudson’s River.