The scheme on foot was no longer one of Dorchester fishermen looking for a profitable exercise of their trade. It had "come to agitation in London," where some men had offered "the help of their purses," and a man of consequence, Humphrey, probably from a county as distant as Lincoln, was already, or very soon after, treasurer of the fund. Matters were ripe for the step of securing a domain for a colony, and the dimensions of the domain show that the colony was not intended to be a small one. A grant of lands extending from the Atlantic to the Western Ocean, and in width from a line of latitude three miles north of the River Merrimac to a line three miles south of the Charles, was obtained from the Council for New England by "Sir Henry Roswell and Sir John Young, knights, and Thomas Southcote, John Humphrey, John Endicott, and Simon Whitcomb, gentlemen," for themselves, "their heirs, and associates." Roswell and Young were gentlemen of Devon, Southcote was probably of the same county, and Whitcomb is believed to have been a London merchant.
Gorges, though not in the counsels of the patentees, supposed himself to understand their object. Having mentioned the angry dissolution by King Charles of his second Parliament, and his imprisonment of some of the patriot leaders, he proceeds to say that these transactions "took all hope of reformation of church government from many not affecting episcopal jurisdiction, nor the usual practice of the Common Prayers of the Church; whereof there were several sorts, though not agreeing among themselves, yet all of like dislike of those particulars. Some of the discreeter sort, to avoid what they found themselves subject unto, made use of their friends to procure from Council for the affairs of New England to settle a colony within their limits; to which it pleased the thrice-honored Lord of Warwick to write to me, then at Plymouth, to condescend that a patent might be granted to such as then sued for it. Whereupon I gave my approbation, so far forth as it might not be prejudicial to my son Robert Gorges' interests, whereof he had a patent under the seal of the Council. Hereupon there was a grant passed as was thought reasonable."
After three months Endicott, one of the six patentees, was despatched, in charge of a small party, to supersede Conant at Naumkeag as local manager. Woodbury had preceded them. They arrived at the close of summer. The persons quartered on the spot, the remains of Conant's company, were disposed to question the claims of the new-comers. But the dispute was amicably composed, and, in commemoration of its adjustment, the place took the name of Salem, the Hebrew name for peaceful. The colony, made up from the two sources, consisted of "not much above fifty or sixty persons," none of them of special importance except Endicott, who was destined to act for nearly forty years a conspicuous part in New England history.
Before the winter, an exploring party either began or made preparations for a settlement at Mishawum, now Charlestown. With another party, Endicott, during Morton's absence in England, visited his diminished company at Merry-Mount, or, as Endicott called it, Mount Dagon, "caused their Maypole to be cut down, and rebuked them for their profaneness, and admonished them to look there should be better walking." The winter proved sickly; an "infection that grew among the passengers at sea, spread also among them ashore, of which many died, some of the scurvy, others of an infectious fever." Endicott sent to Plymouth for medical assistance, and Fuller, the physician of that place, made a visit to Salem.
The New Dorchester Company, like that which had preceded it, and like the company of London Adventurers concerned in that settlement at Plymouth, was but a voluntary partnership, with no corporate powers. The extensive acquaintance of Mr. White with persons disaffected to the rulers in church and state was probably the immediate occasion of advancing the business another step. Materials for a powerful combination existed in different parts of the kingdom, and they were now brought together for united action. The company, having been "much enlarged," a royal charter was solicited and obtained, creating a corporation under the name of the "Governor and Company of the Massachusetts Bay in New England."
This is the instrument under which the colony of Massachusetts continued to conduct its affairs for fifty-five years. The patentees named in it were Roswell and his five associates, with twenty other persons, of whom White was not one. It gave power forever to the freemen of the company to elect annually, from their own number, a governor, deputy-governor, and eighteen assistants, on the last Wednesday of Easter term, and to make laws and ordinances, not repugnant to the laws of England, for their own benefit and the government of persons inhabiting their territory. Four meetings of the company were to be held in a year, and others might be convened in a manner prescribed. Meetings of the governor, deputy-governor, and assistants were to be held once a month or oftener. The governor, deputy-governor, and any two assistants were authorized, but not required, to administer to freemen the oaths of supremacy and allegiance. The company might transport settlers not "restrained by special name." They had authority to admit new associates, and to establish the terms of their admission, and elect and constitute such officers as they should see fit for the ordering and managing of their affairs. They were empowered "to encounter, repulse, repel, and resist by force of arms, as well as by sea as by land, and by all fitting ways and means whatsoever, all such person and persons as should at any time thereafter attempt or enterprise the destruction, invasion, detriment, or annoyance to the said plantation or inhabitants." Nothing was said of religious liberty. The government may have relied upon its power to restrain it, and the emigrants on their distance and obscurity to protect it.
The first step of the new corporation was to organize a government for its colony. It determined to place the local administration in the hands of thirteen counsellors, to retain their offices for one year. Of these, seven besides the governor—in which office Endicott was continued—were to be appointed by the company at home; these eight were to choose three others; and the whole number was to be made up by the addition of such as should be designated by the persons on the spot at the time of Endicott's arrival, described as "old planters."
A proposal had just been accepted from certain "Boston men" to interest themselves in the adventure to the amount of five hundred pounds, being a hundred pounds in addition to what, it appears, they had previously promised, "and to provide able men to send over."
Unfortunately, no letter had been preserved of those sent by Endicott to England at this interesting juncture. There are, however, two letters addressed to him by the company, and one by Cradock, appointed in the charter to be its first governor. With various directions as to the details of his administration, they speak of the "propagation of the Gospel" as "the thing they do profess above all to be their aim in settling this plantation." They enjoin the keeping of "a diligent eye over their own people, and they live unblamable and without reproof." They forbid the planting of tobacco, except under severe restrictions. They order satisfaction to be given to the "old planters" by the offer of incorporation into the company and of a share in the lands. They speak of unsuccessful negotiations with Oldham, who asserted a claim under the patent of Robert Gorges, and give orders for anticipating him in taking possession of Massachusetts Bay. They direct that persons who may prove "not conformable to their government," or otherwise disagreeable, shall not be suffered "to remain within the limits of their grant," but be shipped to England. They prescribe a distribution of the servants among families, with a view to domestic order and Christian instruction and discipline. They enjoin a just settlement with the natives for lands. And they transmit a form of oaths to be taken by the governor and members of the council.
After the organization under the charter, no time was lost in despatching a reënforcement of colonists. Six vessels were prepared, and license was obtained from the lord treasurer for the embarkation of "eighty women and maids, twenty-six children, and three hundred men, with victuals, arms, and tools, and necessary apparel," and with "one hundred forty head of cattle, and forty goats." A committee of the company were careful "to make plentiful provision of godly ministers." Mr. Skelton, Mr. Higginson, and Mr. Bright, members of the Council, with Mr. Smith, another minister, sailed in the first three vessels, which reached Salem about the same time, and were soon followed by the residue of the fleet. Mr. Graves, another of the counsellors, was employed by the associates as an engineer. Immediately on arriving, he proceeded with "some of the company's servants under his care, and some others," to Mishawum, where he laid out a town. Bright, who was one of his party, returned to England in the following summer, dissatisfied, probably, with the ecclesiastical proceedings which had taken place. Smith went for the present to the fishing-station at Nantasket.