Chapter X: Act VII: Be it enacted by this present Grand Assembly ... That the (2)

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:

[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 [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.)