Chapter IX: Act VII: Be it enacted by this present Grand Assembly ... That the (1)

persons who shall be elected to serve in Assembly shall be such and no other then such as are persons of knowne integrity and of good conversation and of the age of one and twenty yeares--That all housekeepers whether ffreeholders, lease holders, or otherwise tenants, shall onely be capeable to elect Burgesses, and none hereby made uncapable shall give his subscription to elect a Burgesse upon the pennalty of four hundred pounds of tobacco and cask, to be disposed of by the court of each county where such contempt shall be used: Provided that this word housekeepers repeated in this act extend no further than to one person in a ffamily.

(2) [_March, 1655/6._]

=Act XVI.--_Whereas_= we conceive it something hard and unagreeable to reason that any persons shall pay equall taxes and yet have no votes in elections, Therefore it is enacted by this present Grand Assembly, That soe much of the act for chooseing Burgesses be repealed as excludes freemen from votes, Provided allwaies that they fairly give their votes by subscription and not in a tumultuous way,[25] ...=

FOOTNOTES:

[24] This article was not ratified by Parliament.

[25] This was reënacted in 1658. Hening, I, 475. But cf. Nos. 105-109 for later developments.

VII. MARYLAND

36. Lord Baltimore to King Charles, August 19/29, 1629

Scharf's _Maryland_, I, 44, 45. The letter was written from Avalon
(No. 38), in Nova Scotia. Only the second half is given here;
the first half defends the writer against certain "slanders" by
Protestant enemies.

Most Gracious and Dread Sovereign:--

... So have I met with greater difficultys ... here, which in this place are no longer to be resisted, but enforce me presently to quitt my residence and to shift to some other warmer climate of this new world, where the wynter be shorter and less rigorous. For here Your Majesty may please to understand that I have found by too deare bought experience, [what] other men for their private interests always concealed from me, that from the middlest of October to the middlest of May there is a sadd fare of wynter upon all this land; both sea and land so frozen, for the greater part of the tyme, as they are not penetrable, no plant or vegetable thing appearing out of the earth; ... nor fish in the sea, besides the ayre so intolerable cold as it is hardly to be endured. By means whereof, and of much salt meate, my house hath been an hospital all this wynter; of 100 persons, 50 sick at a time, myself being one; and nyne or ten of them dyed. Hereupon I have had strong temptations to leave all proceedings in plantations, and, being much decayed in my strength, to retire myselfe to my former quiett. But my inclination carrying me naturally to these kynd of workes, and not knowing how better [to use] the poore remaynder of my dayes, than ... to further ... the enlarging your majesty's empire in this part of the world, I am determined to committ this place to fisherman (that are able to encounter stormes and hard weather) and to remove myselfe with some 40 persons to your majesty's dominion Virginia; where, if your majesty will please to grant me a precinct of land with such privileges as the king your father, my gracious master, was pleased to grante me here, I shall endeavor, to the utmost of my power, to deserve it....

37. Charter of Maryland, June 20/30, 1632

The text in Latin and English is given in Bacon's _Laws of
Maryland_. For explanation of events leading to this grant, see
_American History and Government_, # 38. The document is in Latin.

I.--CHARLES, by the grace of GOD, of _England_, _Scotland_, _France_, and _Ireland_, #King#, Defender of the Faith, etc. TO ALL to whom these Presents shall come, GREETING.

[II, III, and first part of IV, recite the petition of Cecilius, Baron of Baltimore, the determination of the King to "encourage the pious and noble purpose," and the grant of land, with confused geographical description.]

IV.--Also WE do GRANT ... unto the said Baron of BALTIMORE, his heirs and assigns, ... the PATRONAGES, and ADVOWSONS of all Churches which (with the increasing Worship and Religion of CHRIST) within the said Region ... hereafter shall happen to be built, together with Licence and Faculty of erecting and founding Churches, Chapels, and Places of Worship, in convenient and suitable Places, within the Premises, and of causing the same to be dedicated and consecrated according to the Ecclesiastical Laws of our Kingdom of _England_; with[26] all, and singular such, and as ample Rights, Jurisdictions, Privileges, Prerogatives, Royalties, Liberties, Immunities, and royal Rights, and temporal Franchises whatsoever, as well by Sea as by Land, within the Region ... aforesaid, to be had, exercised, used, and enjoyed, as any Bishop of _Durham_, within the Bishoprick or County Palatine of _Durham_, in our Kingdom of _England_, ever heretofore hath had, held, used, or enjoyed, or of Right could or ought to have, hold, use, or enjoy.

[V.--Tenure by Baltimore to be in free and common soccage, and not _in capite_, or by "Knight's Service," "yeilding therefore to Us ... two Indian Arrows of these parts every year," and the fifth part of gold and silver ore.]

VI.--Now, That the aforesaid Region, thus by us granted and described, may be eminently distinguished above all other Regions of that Territory, and decorated with more ample Titles, KNOW YE, that WE ... have thought fit that the said Region and Islands be erected into a PROVINCE, as out of the plenitude of our royal power and prerogative, WE do ... ERECT and INCORPORATE the same into a PROVINCE, and nominate the same MARYLAND, by which name WE will that it shall from henceforth be called.

VII.--AND forasmuch as WE have above made and ordained the aforesaid now Baron of _BALTIMORE_, the true LORD and _Proprietary_ of the whole PROVINCE aforesaid, KNOW YE therefore further, that WE ... do grant unto the said now Baron, (in whose Fidelity, Prudence, Justice, and provident Circumspection of Mind, WE repose the greatest Confidence) and to his Heirs, for the good and happy Government of the said PROVINCE, free, full, and absolute Power, by the tenor of these Presents, to Ordain, Make, and Enact LAWS, of what kind soever, according to their sound Discretions, whether relating to the Public State of the said PROVINCE, or the private Utility of Individuals, of and with the Advice, Assent, and Approbation of the Free-Men of the same PROVINCE, or of the greater Part of them, or of their Delegates or Deputies, whom WE will shall be called togther for the framing of LAWS, when, and as often as Need shall require, by the aforesaid now Baron of _BALTIMORE_, and his Heirs, and in the Form which shall seem best to him or them, and the same to publish under the Seal of the aforesaid now Baron of _BALTIMORE_, and his Heirs, and duly to execute the same upon all Persons, for the Time being, within the aforesaid PROVINCE, and the Limits thereof, or under his or their Government and Power, in Sailing towards MARYLAND, on thence Returning, Outward-bound, either to _England_, or elsewhere, whether to any other Part of Our, or of any foreign Dominions, wheresoever established, by the Imposition of Fines, Imprisonment, and other Punishment whatsoever; even if it be necessary, and the Quality of the Offence require it, by Privation of Member, or Life, by him the aforesaid now Baron of _BALTIMORE_, and his Heirs, or by his or their Deputy, Lieutenant, Judges, Justices, Magistrates, Officers, and Ministers, to be constituted and appointed according to the Tenor and true Intent of these Presents, and to constitute and ordain Judges, Justices, Magistrates, and Officers, of what Kind, for what Cause, and with what Power soever, within that Land, and the Sea of those Parts, and in such Form as to the said now Baron of _BALTIMORE_, or his Heirs, shall seem most fitting: And also to Remit, Release, Pardon, and Abolish, all Crimes and Offences whatsoever against such Laws, whether before, or after Judgment passed; and to do all and singular other Things belonging to the Completion of Justice, and to Courts, Prætorian Judicatories, and Tribunals, judicial Forms and Modes of Proceeding, although express Mention thereof in these Presents be not made; and, by Judges by them delegated, to award Process, hold Pleas, and determine in those Courts, Prætorian Judicatories, and Tribunals, in all Actions, Suits, Causes, and Matters whatsoever, as well Criminal as Personal, Real and Mixed, and Prætorian: ... SO NEVERTHELESS, that the Laws aforesaid be consonant to Reason and be not repugnant or contrary, but (so far as conveniently may be) agreeable to the Laws, Statutes, Customs and Rights of this Our Kingdom of _England_.

VIII.--AND FORASMUCH as, in the Government of so great a PROVINCE, sudden Accidents may frequently happen, to which it will be necessary to apply a Remedy before the Freeholders of the said PROVINCE, their Delegates, or Deputies, can be called together for the framing of Laws; neither will it be fit that so great a Number of People should immediately, on such emergent Occasion, be called together, WE THEREFORE, for the better Government of so great a PROVINCE, ... do grant ... that the aforesaid now Baron of _BALTIMORE_; and his Heirs, by themselves, or by their Magistrates and Officers, thereunto duly to be constituted as aforesaid, may, and can make and constitute fit and wholesom Ordinances from Time to Time, to be kept and observed within the PROVINCE aforesaid, as well for the Conservation of the Peace, as for the better Government of the People inhabiting therein, and publickly to notify the same to all Persons whom the same in any wise do or may affect ...: so that the same Ordinances do not, in any Sort, extend to oblige, bind, change, or take away the Right or Interest of any Person or Persons, of or in Member, Life, Freehold, Goods or Chattels.

IX, X--[Permission to English subjects to emigrate to Maryland, and X, to enjoy (with their descendants) the rights of Englishmen at home.]

XI.--[Certain exemptions from export duties, as in earlier charters.]

XII.--[Authorization for the proprietor or his officers to make war, if needful, upon savages and pirates or other invaders.]

XIII.-[Authorization for martial law, under, the usual restrictions.]

XIV.--[Authority for Baltimore to confer titles of nobility (not such as in England), to incorporate towns, etc.]

XV-XVI.--[Regulations regarding ports and temporary exemptions from English custom duties.]

XVII.--MOREOVER, We will, appoint, and ordain, and by these Presents, for US, our Heirs and Successors, do grant unto the aforesaid now Baron of _BALTIMORE_, his Heirs and Assigns, that the same Baron of _BALTIMORE_, his Heirs and Assigns, from Time to Time, for ever, shall have, and enjoy the Taxes and Subsidies payable, or arising within the Ports, Harbours, and other Creeks and Places aforesaid, within the PROVINCE aforesaid, for Wares bought and sold, and Things there to be laden, or unladen, to be reasonably assessed by them on emergent Occasion, and the People there as aforesaid; to whom WE grant Power by these Presents, for US, our Heirs and Successors, to assess and impose the said Taxes and Subsidies there, upon just Cause, and in due Proportion.

XVIII.--AND FURTHERMORE ..., WE ... do give ... unto the aforesaid now Baron of _BALTIMORE_, his Heirs and Assigns, full and absolute License, Power, and Authority ... [to] assign, alien, grant, demise, or enfeoff so many, such, and proportionate Parts and Parcels of the Premises, to any Person or Persons willing to purchase the same, as they shall think convenient, to have and to hold ... in Fee-simple, or Fee-tail, or for Term of Life, Lives, or Years; to hold of the aforesaid now Baron of _BALTIMORE_, his Heirs and Assigns, by ... such ... Services, Customs and Rents OF THIS KIND, as to the same now Baron of _BALTIMORE_, his Heirs and Assigns, shall seem fit and agreeable, and not immediately of US ... [notwithstanding the English law _Quia Emptores_ or other statutes to the contrary].

XIX.--WE also, ... do ... grant Licence to the same Baron of _BALTIMORE_, and to his Heirs, to erect any Parcels of Land within the PROVINCE aforesaid, into Manors, and in every of those Manors, to have and to hold a Court-Baron, and all Things which to a Court-Baron do belong; and to have and to keep View of Frank-Pledge, for the Conservation of the Peace and better Government of those Parts, by themselves and their Stewards, or by the Lords, for the Time being to be deputed, of other of those Manors when they shall be constituted, and in the same to exercise all Things to the View of Frank-Pledge belonging.

XX.--AND further We will, and do ... grant ... that we, our heirs and successors, at no time hereafter, will impose any impositions, customs, or other taxations ... whatever, in or upon the residents ... of the province, for their goods, lands, or tenements ... or in or upon any goods or merchandizes within the province or within the ports or harbors of the said province [this declaration to be a sufficient quittance to all English officers].

XXI.--[Maryland not to be reputed a part of Virginia but to be immediately dependent upon the crown.]

XXII.--[Baltimore and his heirs to be entitled to the most generous interpretation of any indefinite clause in the charter] "provided always that no interpretation be made thereof whereby God's holy and true Christian religion, nor the allegiance due to us ... may in any wise suffer ... prejudice or diminution."

38. Comment on the Avalon Charter of 1623

With the addition of two of its sections, with the necessary
changes of names, and with three or four other slight
modifications, the Maryland Charter of 1632 is an exact transcript
of the _Charter of Avalon_, given in 1623 by James I to George
Calvert (afterward, the first Lord Baltimore). The Avalon Charter
has been printed, the editor believes, only in Scharf's _Maryland_
(I, 34 ff.).

The sections of the two documents correspond up to XVIII. Sections
XVIII and XIX of the Maryland Charter (relating to subinfeudation
and manorial courts) are not found in the earlier document.
Sections XVIII-XX of the Avalon Charter correspond to XX-XXII of
the Maryland patent.

Other changes, aside from names, etc., are:

1.--(Section IV.) In the granting of advowsons and other
ecclesiastical powers, there is no reference in the Avalon Charter
to the "ecclesiastical laws of the kingdom of England." This phrase
is added in the Maryland Charter, since Baltimore has now (1624)
been converted to Catholicism, _probably_ as a safeguard.

2.--Baltimore's tenure in Avalon (# 5) is to be "_in Capite, by
Knight's Service_" [not so, but in free socage, in Maryland],
"yielding therefor ... a white horse, so often as we or our
successors shall come into the said region," together with the
usual "fifth part of gold and silver ore."

3.--The Avalon Charter does not refer directly to _representative_
government. The authorization to Baltimore to publish laws
runs,--"with the advice, assent, and approbation of the Freeholders
of the said Province, or the greater part of them," while the
Maryland Charter says the assent of "the _Free Men_ of the said
Province, or the greater part of them, _or their delegates, or
deputies_"; but the earlier like the later charter leaves it to the
proprietor to assemble the people "in such form as to him shall
seem best," and this probably looked to a representative gathering.

4.--(XVII.) The Avalon Charter does not _mention_ the participation
of the popular assembly in granting taxes. Given such an assembly,
however, and the renunciation by the English government (Section
XVIII) of that power, then the possession of the power by the
Assembly would inevitably follow. In the Maryland Charter it is
_expressed_.

=The Avalon Charter then, is the first _royal_ patent to give to
settlers in America _political rights_=, in addition to the private
common-law privileges. It is followed (as to sections VII and VIII)
_in exact detail_ by the Heath Charter for Carolina (1629), the
Baltimore Charter (1632), and the Plowden Charter for New Albion
(1634).[27]

Of the four grants just mentioned, that of Maryland in 1632 was the
only one under which a successful colony was established, but the
others help to show that that document was no prodigy. The student
may like to notice here one of the rare slips of Dr. Channing
(_History of the United States_, I, 245), when he ascribes the
likeness between the charters of 1629, 1632, and 1634 to Sir Robert
Heath's influence in that of 1629, instead of to the earlier Avalon
Charter of 1623.

39. Excursus: Charters for New Albion and Maine

=The "governing" clauses only are given,--for comparison with
corresponding parts of the Maryland and Avalon grants.=

_a. Grant of Charles I to Edmund Plowden, Earl Palatine of Albion, of the Province of New Albion in America_

Hazard's _State Papers_ (Washington, 1792), I, 162 ff. New Albion
was to lie north of Maryland. No settlement was effected.

... And forasmuch, as We have above made and ordained the
before-named Edmund Plowden, Knight, true lord and proprietor of
all the province aforesaid. THEREFORE further know ye, that We,
for Us, our heirs, and successours, to the same Edmund, (of whose
fidelity, prudence, justice and providence, and circumspection
of mind, we have full confidence) and to his heirs, for the good
and happy government of the said province, [grant power to make,
ordain, and establish] whatsoever laws, whether concerning the
public estate of the same province, or the private utility of
individuals, according to their wise discretions, and with the
council, approbation, and assents of the free tenants of the same
province, or the major part of them who shall be called together
by the aforesaid Edmund Plowden, and his heirs, to make laws
when, and as often as there shall be occasion, in such form as
to him or them shall seem best. ... And because, in so large a
province it may often happen, that there will be a necessity to
provide a remedy in a number of cases, before the free tenants of
the said province can be assembled to make laws, nor will it be
proper to delay in a case of emergency, until so many people can
be called together. THEREFORE, for the better government of the
said province, we will, and ordain, and by these presents, for
Us, our heirs, and successors, grant unto the before-named Edmund
Plowden, and to his heirs, that the aforesaid Edmund Plowden, and
his heirs, by themselves, or by magistrates and officers in that
behalf, to be duly constituted as aforesaid, fit and wholesome
ordinations from time to time, shall and may be able to make and
constitute, to be kept and preferred within the province aforesaid,
as well for keeping the peace as for the better government of the
people there living or inhabiting, and to give public notice of
them to all persons whom the same doth or may concern; which said
ordinations We will, shall be inviolably observed within the said
province, under the penalties in the same expressed. So that the
same ordinances be consonant to reason, and be not repugnant nor
contrary, but as much agreeable as may be to the laws, statutes,
and rights of our kingdoms of England and Ireland. And so as that
the same ordinances do not extend themselves to the right or
interest of any person or persons, of, or in free tenements, or the
taking, distraining, binding, or charging any of their goods or
chattles....

_b. Grant of Charles I to Sir Ferdinando Gorges for the Province of Maine, 1639_

Hazard's _State Papers_ (1792), I, 442-455.

The members of the Plymouth Council surrendered the charter of 1620
back to the King in 1634, having first divided the territory among
themselves. The King confirmed Gorges' allotment ("The Province
of Maine") and gave him the usual proprietary jurisdiction in a
lengthy charter (April 3/13, 1639), from which come the following
clauses.

... And wee doe for us, our heirs and successors, give and graunte unto the saide Sir Ferdinando Gorges, his heirs and assignes, power and authoritie, =_with the assent of the greater parte of the freeholders of the said Province and premisses for the time being_=, when there shalbe any to be called therunto from time to time, when and as often as shall be requisite, to make and ordeyne and publish lawes, ordinances and constitucons, reasonable, and not repugnant and contrary, but agreable as nere as conveniently may bee, to the lawes of England, for the publique good of the said Province and premisses, and of the inhabitants thereof, by imposing of penalties, imprisonment or other corections, or, if the offence shall requier, by taking away of life or member; the said lawes and constitucons to extend aswell to such as shalbe passing unto or returning from the said Province or premisses as unto the inhabitants or residents of or within the same, and the same to be put into execucon by the said Sir Ferdinando Gorges, his heirs or assignes, or by his or there depputies, liftenants, judges, officers or ministers in that behalfe, lawfully authorized; and the same lawes ordinances and constitucons, or any of them, to alter, change, and revoke, or to make voide and to make new, not repugnant nor contrary, but agreable as nere as may bee, to the lawes of England, as the said Sir Ferdinando Gorges his heires and assignes, together with the said freeholders, or the greater part of them for the time being, shall from time to time thinke fitt and convenient:...

40. The Maryland Toleration Act of 1649

_Maryland Archives_, I, 244 ff.

For explanation, cf. _American History and Government_, # 43.

... =Forasmuch= as in a well governed and Christian Common Wealth, matters concerning Religion and the honor of God ought in the first place to bee taken into serious consederacion ... Be it therefore ordered and enacted by the Right Honorable Cecilius Lord Baron of Baltemore, absolute Lord and Proprietary of this Province, with the advise and consent of this Generall Assembly: That whatsoever person or persons within this Province and the Islands thereunto belonging shall from henceforth blaspheme God,--that is, Curse him,--or deny our Saviour Jesus Christ to bee the sonne of God, or shall deny the holy Trinity, the ffather sonne and holy Ghost, or the Godhead of any of the said Three persons of the Trinity, or the Unity of the Godhead, or shall use ... any reproachfull Speeches, ... concerning the said Holy Trinity, or any of the three persons thereof, _shall be punished with death and confiscation of all his or her lands and goods_ ... And be it also Enacted ... That whatsoever person or persons shall from henceforth use ... any reproaching words or speeches concerning the blessed Virgin Mary, the Mother of our Saviour, or the Holy Apostles or Evangelists ... shall in such case for the first offence forfeit ... the summe of ffive pound sterling ... but in case such Offender or Offenders shall not then have goods and chattells sufficient for the satisfyeing of such forfeiture, or that the same bee not otherwise speedily satisfyed, that then such Offender or Offenders shalbe publiquely whipt and bee ymprisoned during the pleasure of the Lord Proprietary or ... chiefe Governor of this Province for the time being. And that every such Offender or Offenders for every second offence shall forfeit tenne pound sterling or the value thereof to bee levyed as aforesaid, or in case such offender or Offenders shall not then have goods and chattells within this Province sufficient for that purpose then to bee publiquely and severely whipt and imprisoned as before is expressed. And that every person or persons before mentioned offending herein the third time, shall for such third Offence forfeit all his lands and Goods and bee for ever banished and expelled out of this Province. And be it also further Enacted ... that whatsoever person or persons shall from henceforth uppon any occasion of Offence or otherwise in a reproachful manner or Way declare call or denominate any person or persons whatsoever ... an heritick, Scismatick, Idolator, puritan, Independant, Prespiterian, popish prest, Jesuite, Jesuited papist, Lutheran, Calvenist, Anabaptist, Brownist, Antinomian, Barrowist, Round-head, Seperatist, or any other name or terme in a reproachfull manner relating to matter of Religion shall for every such Offence forfeit and loose the some or [of] tenne shillings sterling or the value thereof, to bee levyed on the goods and chattells of every such Offender and Offenders, the one half thereof to be forfeited and paid unto the person and persons of whom such reproachfull words are or shalbe spoken or uttered, and the other half thereof to the Lord Proprietary and his heires Lords and Proprietaries of this Province. But if such person or persons who shall at any time utter or speake any such reproachfull words or Language shall not have Goods or Chattells sufficient and overt within this Province to bee taken to satisfie the penalty aforesaid, or that the same bee not otherwise speedily satisfyed, that then the person or persons soe offending shalbe publickly whipt, and shall suffer imprisomnt without baile or maineprise untill hee, shee, or they respectively shall satisfy the party soe offended or grieved by such reproachfull Language by asking him or her respectively forgivenes publiquely for such his Offence before the Magistrate or cheife Officer or Officers of the towne or place where such Offence shalbe given. And be it further likewise Enacted ... That every person and persons within this Province that shall at any time hereafter prophane the Sabbath or Lords day, called Sunday, by frequent swearing, drunkennes, or by any uncivill or disorderly recreacon, or by working on that day when absolute necessity doth not require it, shall for every such first offence forfeit 2s. 6d. sterling or the value thereof, and for the second offence 5s. sterling or the value thereof, and for the third offence and soe for every time he shall offend in like manner afterwards, 10s. sterling or the value thereof. And in case such offender and offenders shall not have sufficient goods or chattells within this Province to satisfy any of the said Penalties reecsptively hereby imposed ... That in Every such case the partie soe offending shall for the first and second offence in that kinde be imprisoned till hee or shee shall publickly in open Court before the cheife Commander Judge or Magistrate of that County Towne or precinct where such offence shalbe committed acknowledg the Scandall and offence he hath in that respect given against God and the good and civill Governmt of this Province; And for the third offence and for every time after, shall also bee publickly whipt. _And whereas the inforceing of the conscience in matters of Religion hath frequently fallen out to be of dangerous Consequence in those commonwealthes where it hath been practised, And for the more quiett and peaceable governmt of this Province, and the better to preserve mutuall Love and amity amongst the Inhabitants thereof. Be it Therefore also by the Lord Proprietary with the advise and consent of this Assembly Ordeyned and enacted_ (_except as in this present Act is before Declared and sett forth) that noe person or persons whatsoever within this Province, or the Islands, Parts, Harbors, Creekes, or havens thereunto belonging, professing to beleive in Jesus Christ, shall from henceforth bee any waies troubled, Molested or discountenanced for or in respect of his or her religion nor in the free exercise thereof within this Province or the Islands thereunto belonging nor any way compelled to the beleife or exercise of any other Religion against his or her consent, soe as they be not unfaithfull to the Lord Proprietary, or molest or conspire against the civill Government established or to bee established in this Province under him or his heires._ And that all and every person and persons that shall presume Contrary to this Act and the true intent and meaning thereof directly or indirectly either in person or estate wilfully to wrong disturbe trouble or molest any person whatsoever within this Province professing to beleive in Jesus Christ for or in respect of his or her religion, or the free exercise thereof, within this Province ... that such person or persons soe offending shall be compelled to pay trebble damages to the party soe wronged ... and for every such offence shall also forfeit 20 s. sterling ... [or, in default of payment, shall make satisfaction by public whipping, and imprisonment during the pleasure of the Governor]....

FOOTNOTES:

[26] This word "with" should properly be "and"; it begins a new grant--the _feudal_ powers of the proprietor.

[27] Indeed, until the grant of "New York" to James, Duke of York, in 1664, every subsequent royal patent to an _individual_ proprietor contains such provision, whether or not it be an exact and formal copy of the Avalon document. New York was a conquered province settled by Dutch,--which may explain the omission there.

B. NEW ENGLAND TO 1660

VIII. AN EARLY EXPLORATION IN MAINE

41. Weymouth's Voyage, 1605

From _A True Relation of Captain George Waymouth, His Voyage_
(1605), reprinted in Massachusetts Historical Society Collections,
Vol. VIII. Weymouth's voyage was a precursor of the attempt at
settlement on the Kennebec in 1607 by one branch of the Virginia
Company.

Upon Tuesday, _the 5th day of March_, about ten o'clock before noon, we set sail from Ratcliffe, and came to an anchor that tide about two o'clock before Gravesend....

Friday, _the 17th of May_, about six o'clock at night, we descried the land. ... It appeared a mean high land, as we after found it, being an island of some six miles in compass, but I hope the most fortunate ever yet discovered....

This island is woody grown with fir, birch, oak and beech, as far as we saw along the shore; and so likely to be within. On the verge grow gooseberries, strawberries, wild pease, and wild rose bushes. The water issued forth down the rocky cliffe in many places: and much fowl of divers kinds breed upon the shore and rocks.

While we were at shore, our men aboard, with a few hooks, got above thirty great cods and haddocks, which gave us a taste of the great plenty of fish which we found afterward wheresoever we went upon the coast. From hence we might discern the main land from the west-south-west to the east-north-east; and a great way (as it then seemed, and we after found it,) up into the main we might discern very high mountains, though the main seemed but low land;...

The profits and fruits which are naturally on these islands are these:

All along the shore, and some space within, where the wood hindereth not, grow plentifully, raspberries, gooseberries, strawberries, roses, currants, wild vines, angelica.

Within the islands grow wood of sundry sorts, some very great, and all tall, as birch, beech, ash, maple, spruce, cherry tree, yew, oak, very great and good, fir tree, out of which issueth turpentine in so marvellous plenty, and so sweet as our chirurgeon and others affirmed they never saw so good in England. We pulled off much gum, congealed on the outside of the bark, which smelled like frankincense. This would be a great benefit for making tar and pitch.

We staid the longer in this place, not only because of our good harbor (which is an excellent comfort,) but because every day we did more and more discover the pleasant fruitfulness; insomuch as many of our company wished themselves settled here, not expecting any further hopes, or better discovery to be made.

Here our men found abundance of great muscles among the rocks; and in some of them many small pearls: and in one muscle (which we drew up in our net) was found fourteen pearls, whereof one of pretty bigness and orient; in another above fifty small pearls: and if we had had a drag, no doubt we had found some of great value, seeing these did certainly shew that here they were bred; the shells all glittering with mother of pearl....

Our captain had in this small time discovered up a great river, trending alongst into the main about forty miles. The pleasantness whereof, with the safety of harbor for shipping, together with the fertility of ground and other fruits, which were generally by his whole company related, I omit till I report of the whole discovery thereinafter performed....

The next day being Saturday and the first of June, I traded with the savages all the forenoon upon the shore, where were eight-and-twenty of them; and because our ship rode nigh, we were but five or six; where for knives, glasses, combs, and other trifles to the value of four or five shillings, we had forty good beavers' skins, otters' skins, sables, and other small skins, which we knew not how to call. ... Here are more good harbors for ships of all burthens, than England can afford, and far more secure from all winds and weathers, than any in England, Scotland, France, or Spain....

As we passed with a gentle wind up with our ship in this river, any man may conceive with what admiration we all consented in joy. Many of our company who had been travellers in sundry countries, and in most famous rivers, yet affirmed them not comparable to this they now beheld. Some that were with Sir Walter Raleigh in his voyage to Guiana, in the discovery of the river Orenoque, which echoed fame to the world's ears, gave reasons why it was not to be compared with this, which wanteth the dangers of many shoals, and broken ground, wherewith that was incumbered. Others before that notable river in the West Indies called Rio Grande; some before the river of Loire, the river Seine, and of Bourdeaux in France; which although they be great and goodly rivers, yet it is no detraction from them to be accounted inferior to this, which not only yieldeth all the foresaid pleasant profits, but also appeared infallibly to us free from all inconveniences.

I will not prefer it before our river of Thames, because it is England's richest treasure:...

The excellency of this part of the river, for his good breadth, depth, and fertile bordering ground, did so ravish us all with variety of pleasantness, as we could not tell what to commend, but only admired; some compared it to the river Severn, (but in a higher degree) and we all concluded (as I verily think we might right) that we should never see the like river in every degree equal, until it pleased God we beheld the same again....

The temperature of the climate (albeit a very important matter) I had almost passed without mentioning, because it afforded to us no great alteration from our disposition in England; somewhat hotter up into the main, because it lieth open to the south; the air so wholesome, as I suppose not any of us found ourselves at any time more healthful, more able to labor, nor with better stomachs to such good fare as we partly brought and partly found....

IX. THE FIRST SOURCE OF LAND TITLES IN NEW ENGLAND

42. Charter of the Plymouth Council

[Often called The Council for New England]

November 3/12, 1629

Hazard's _State Papers_ (Washington, 1792), I, 103-118.

The "Second Colony" of the Charter of 1606 (No. 16 above) sent
out an expedition to the coast of Maine in 1607. This failed; and
the Company made no further efforts until 1620, save for the vain
attempt of Sir Ferdinando Gorges, one of the leading members.
In March of 1619/20, Gorges and other members petitioned for a
reorganization of the Company, and this prayer was granted by the
King in this charter. This document stands to the "Second Colony"
of 1606 (the Plymouth branch) as do the charters of 1609 and 1612
to the "First Colony" (the London branch).

[The charter begins by reciting the grant of the Virginia Charter of 1606, the grant of 1609 to one branch of the original Company, and the petition of Gorges and others of the Plymouth branch for a similar enlargement and for a monopoly of the northern fisheries.]

And also for that We have been further given certainly to knowe, that within these late Yeares there hath by God's Visitation raigned a wonderfull Plague, together with many horrible Slaughters, and Murthers, committed amongst the Savages and bruitish People there heertofore inhabiting, in a Manner to the utter Destruction, Devastacion, and Depopulacion of that whole Territorye ... whereby We in our Judgment are persuaded and satisfied that the appointed Time is come in which Almighty God in his great Goodness and Bountie towards Us and our People, hath thought fitt and determined that those large and goodly Territoryes, deserted as it were by their naturall inhabitants, should be possessed and enjoyed by such of our Subjects and People as heertofore have and hereafter shall by his Mercie and Favour, and by his Powerfull Arme, be directed and conducted thither. In Contemplacion and serious Consideracion whereof, Wee have thougt it fitt according to our Kingly Duty, soe much as in Us lyeth, to second and followe God's sacred Will, rendering reverend Thanks to his Divine Majestie for his gracius favour in laying open and revealing the same unto us before any other Christian Prince or State, by which Meanes without Offence,... Wee therefore ... Do ... grant ... that all that Circuit, Continent, Precincts, and Limitts in America, lying and being in Breadth from Fourty Degrees of Northerly Latitude, from the Equinoticall Line, to Fourty-eight Degrees of the said Northerly Latitude, and in Length by all the Breadth aforesaid throughout the Maine Land, from Sea to Sea, ... shall be the Limitts ... of the second Collony: And to the End that the said Territoryes may forever hereafter be more particularly and certainly known and distinguished, our Will and Pleasure is, that the same shall from henceforth be nominated, termed, and called by the Name of New-England, in America. ... And for the better Plantacion, ruling, and governing of the aforesaid New-England in America, We ... ordaine ... that from henceforth, there shall be ... in our Towne of Plymouth, in the County of Devon, one Body politicque and corporate, which shall have perpetuall Succession, which shall consist of the Number of fourtie Persons, and no more, which shall be, and shall be called and knowne by 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 names of the Council. They have power to fill vacancies in their membership, and the usual rights of a corporation; they are to choose a "President," etc.; and to control trade with New England and the ownership of land.]

And further ... Wee ... grant full Power and Authority to the said Councill ... [to] nominate, make, constitute, ordaine, and confirme by such Name or Names, Style or Styles, as to them shall seeme Good; and likewise to revoke, discharge, change, and alter, as well all and singular, Governors, Officers, and Ministers, which hereafter shall be by them thought fitt and needful to be made or used, as well to attend the Business of the said Company here, as for the Government of the said Collony and Plantation, and also to make ... all Manner of Orders, Laws, Directions, Instructions, Forms, and Ceremonies of Government and Magistracy fitt and necessary for any concerning the Government of the said Collony and Plantation, so always as the same be not contrary to the Laws and Statutes of this our Realme of England; and the same att all Times hereafter to abrogate, revoke, or change, not only within the Precincts of the said Collony, but also upon the Seas in going and coming to and from the said Collony, as they in their good Discretions shall thinke to be fittest for the good of the Adventurers and Inhabitants there.

[Clauses similar to those in the London Company's charter of 1609 regarding martial law; the forfeiture of goods fraudulently transported to a foreign country; landholding by free socage, etc.; the right "to take, load, carry, and transport ... out of our Realmes to New England all such ... of our loveing Subjects ... as shall willingly accompany them"; exemption from duties on goods exported from England for seven years; and from all taxes for twenty-one years, except the five per cent customs duty for imports to be reëxported; right to dispose of lands.]

And Wee do also ... grant to the said Councell ... that they ... shall, and lawfully may, ... for their ... Defence and Safety, encounter, expulse, repel, and resist by Force of Arms, as well by Sea as by Land, and all Ways and Meanes whatsoever, all such ... Persons, as without the speciall Licence of the said Councell ... shall attempt to inhabitt within the said severall Precincts and Limitts of the said Collony and Plantation. And also all ... such ... Persons ... as shall enterprize or attempt att any time hereafter Destruction, Invasion, Detriment, or Annoyance to the said Collony and Plantation.

[A like provision for use of force to prevent traders visiting the territory without the "License and consent of the said Councill ... first had and obtained in Writing." Authority for two of the Council to administer the oaths of allegiance and supremacy (as in the charter of 1612); a long passage giving the Councill extraordinary jurisdiction as a safeguard against its being defrauded or libeled (as in the charter of 1612); English subjects settling in the colony and their descendants there to have all the rights of Englishmen. None to be permitted to go to New England except such as first take the oath of supremacy,--this provision intended to exclude Catholics (wording taken from the charter of 1609; not found in 1612); etc, etc. etc.--Privileges granted in 1606, and not altered in this charter, are confirmed.]

X. PLYMOUTH PLANTATION

43. Delays in securing the Wincob Charter

Robert Cushman to Pastor Robinson, May 8/18, 1619

Bradford's _Plymouth Plantation_ (Original Narratives edition), 58,
59.

Cushman was the agent of the Pilgrims, sent from Holland to secure
a charter from the London Company for some district in "Northern
Virginia." The negotiations had been going on more than a year when
this letter was written.

... The maine hinderance of our proseedings in the Virginia bussines is the dissentions and factions as they terme it among the Counsell and Company of Virginia; which are such as that ever since we came up no busines could by them be dispatched. The occasion of this trouble amongst them is, for that a while since Sir Thomas Smith, repining at his many offices and troubls, wished the Company of Virginia to ease him of his office. ... Wereupon the Company tooke occasion to dismisse him and choose Sir Edwin Sands Treasurer and Goverr of the Company. He having 60 voyces, Sir John Worstenholme 16 voices, and Alderman Johnson 21.[28] But Sir Thomas Smith when he saw some parte of his honour lost, was very angrie, and raised a faction to cavill and contend aboute the election, and sought to taxe Sir Edwin with many things that might both disgrace him, and allso put him by his office of Governour. In which contentions they yet stick and are not fit nor readie to intermedle in any bussines; and what issue things will come to we are not yet certaine. It is most like Sir Edwin will carrie it, and if he doe, things will goe well[29] in Virginia, if otherwise, they will goe ill enough allways. We hope in some 2 or 3 Court days things will settle.[29]

44. Agreement between the Pilgrims in Holland and the Merchant Adventurers in London

July 1/11, 1620

Bradford's _Plymouth Plantation_ (Original Narratives edition), 66,
67.

The following "articles" outline the business partnership by which
the Pilgrims secured funds to come to America.

1.--The adventurers and planters doe agree that every person that goeth, being aged 16 years and upward, be rated at 10 £, and ten pounds to be accounted a single share.

2.--That he that goeth in person, and furnisheth him selfe out with 10 £ either in money or other provissions, be accounted as having 20 £ in stock, and in the devission shall receive a double share.

3.--The persons transported and the adventurers shall continue their joynt stock and partnership togeather the space of 7 years (excepte some unexpected impedimente doe cause the whole company to agree otherwise), during which time all profits and benefits that are gott by trade, traffick, trucking, working, fishing, or any other means of any person or persons, remaine still in the commone stock untill the division.

4.--That at their comming ther, they chose out such a number of fitt persons, as may furnish their ships and boats for fishing upon the sea; imploying the rest in their severall faculties upon the land; as building houses, tilling, and planting the ground, and makeing shuch commodities as shall be most usefull for the collonie.

5.--That at the end of the 7 years, the capitall and profits,--viz. the houses, lands, goods and chatles,--be equally devided betwixte the adventurers and planters; which done, every man shall be free from other of them of any debt or detrimente concerning this adventure.

6.--Whosoever cometh to the colonie herafter, or putteth any into the stock, shall at the ende of the 7 years be alowed proportionably to the time of his so doing.

7.--He that shall carie his wife and children, or servants, shall be alowed for everie person now aged 16 years and upward, a single share in the devision, or if he provid them necessaries, a duble share, or if they be between 10 year old and 16, then 2 of them to be reconed for a person, both in transportation and devision.

8.--That such children as now goe, and are under the age of ten years, have noe other shar in the devision but 50 acers of unmanured land.

9.--That such persons as die before the 7 years be expired, their executors to have their parte or sharr at the devison, proportionably to the time of their life in the collonie.

10.--That all such persons as are of this collonie, are to have their meate, drink, apparell, and all provissions out of the common stock and goods of the said collonie.

[Bradford adds: "The cheefe and principall differences between
these and the former conditions [_i.e._ articles proposed at first
by the Pilgrims] stood in these 2 points; that the houses and lands
improved, espetialy gardens and home lotts, should remain undevided
wholly to the planters at the 7 years end [_i.e._ not go into the
common stock of the partnership] 2ly, that they should have had 2
days in a weeke for their own private imploymente."

These points are made in a letter of John Robinson, the Pilgrim
pastor, to John Carver, the agent in England, dated July 14, 1620
(Bradford, 69, 70).

"Aboute the conditions ... let this spetially be borne in minde;
that the greatest parte of the collonie is like to be imployed
constantly, not upon dressing ther perticuler [individual] land,
and building houses, _but upon fishing_, _trading_, etc. So as
the land and house will be but a trifell for advantage to the
adventurers [London capitalists]; and yet the devission of it a
great discouragemente to the planters [colonists], who would with
singuler care make it comfortable with borowed houres from their
sleep."

For the fallacy in this view, cf. _American History and
Government_, ## 49, 52.]

45. From the Farewell Letter of John Robinson

Bradford's _Plymouth Plantation_ (Original Narratives edition),
84-86.

Robinson was the pastor of the Separatist congregation at Leyden.
This letter was written to that part of the congregation which had
just embarked for America, soon to found Plymouth colony. It is not
dated. Bradford gives the full text. This extract shows that the
charter which the Pilgrims had secured from the London Company, but
which they were never to use (No. 43 note, and _American History
and Government_, # 51 note), had guaranteed them a large measure of
self-government. The letter would fill some five pages of this book.

... Lastly, whereas you are become a body politik, using amongst yourselves civill governmente, and are not furnished with any persons of spetiall eminence above the rest, to be chosen by you into office, let your wisdome and godlines appear, not only in chusing shuch persons as do entirely love and will promote the commone good, but also in yeelding unto them all due honour and obedience ... and this dutie you may the more willingly ... performe, because you are at least for the present to have onely them for your ordinarie governours which your selves shall make choyse of for that worke.

46. The Mayflower Compact

November 11/21, 1620

Bradford's _Plymouth Plantation_ (Original Narratives edition),
107. The original document is lost. Bradford gives no signatures.
However, another copy, in Mourt's _Relation_, has the signatures,
forty-two in number.

In the name of God, Amen. We whose names are under writen, the loyall subjects of our dread soveraigne Lord, King James, by the grace of God, of Great Britaine, Franc, and Ireland king, defender of the faith, etc., haveing undertaken, for the glorie of God, and advancemente of the Christian faith, and honour of our king and countrie, a voyage to plant the first colonie in the Northerne parts of Virginia, doe by these presents solemnly and mutualy in the presence of God, and one of another, covenant and combine our selves togeather into a civill body politick, for our better ordering and preservation and furtherance of the ends aforesaid; and by vertue hearof to enacte, constitute, and frame such just and equall lawes, ordinances, acts, constitutions, and offices, from time to time, as shall be thought most meete and convenient for the generall good of the Colonie, unto which we promise all due submission and obedience. In witnes whereof we have hereunder subscribed our names at Cap-Codd the 11. of November, in the year of the raigne of our soveraigne lord, King James, of England, France, and Ireland the eighteenth, and of Scotland the fiftie fourth. Anno: Dom. 1620.

For a discussion of this document, see _American History and
Government_, # 51. Here it should be noted that it is not a
"constitution" so much as a preliminary "social compact." Nineteen
years later, Wheelwright and his followers (banished from
Massachusetts) settled on the New Hampshire coast and adopted
an agreement similar to the Mayflower document in occasion and
character. Western mining camps have taken like action many times
in later days.

The Wheelwright document follows from Hazard's _State Papers_, I,
463.

COMBINATION OF SETTLERS AT EXETER

WHEREAS it hath pleased the Lord to move the Heart of our dread
Sovereign Charles by the Grace of God King etc. to grant Licence
and Libertye to sundry of his subjects to plant themselves in the
Westerne parts of America. We his loyal Subjects, Brethren of the
Church in Exeter, situate and lying upon the River Pascataqua,
with other Inhabitants there, considering with ourselves the holy
Will of God and our own Necessity that we should not live without
wholesom Lawes and Civil Government among us, of which we are
altogether destitute; do in the name of Christ and in the Sight
of God combine ourselves together to erect and set up among us
such Government as shall be to our best discerning agreeable to
the Will of God, professing ourselves Subjects to our Sovereign
Lord King Charles according to the Libertyes of our English Colony
of Massachusetts, and binding ourselves solemnly by the Grace and
help of Christ, and in his Name and fear, to submit ourselves to
such Godly and Christian Lawes as are established in the realm of
England to our best Knowledge, and to all other such Lawes which
shall upon good grounds be made and enacted among us according
to God, that we may live quietly and peaceably together in all
godliness and honesty. Mo. 8. D. 4. 1639, as attests our Hands.

John Wheelwright [and thirty-four other names].

47. The Peirce Charter, June, 1621

_Massachusetts Historical Society Collections_, Fourth Series, II,
158 ff.

Finding themselves within the jurisdiction of the newly reorganized
Plymouth Council (or New England Council), the Pilgrims secured
from that body the following grant through their London partners.
Peirce was intended to act as trustee while the partnership lasted.
Cf. _American History and Government_, # 55, and (for the documents
regarding Peirce's later attempt to steal the colony) Arber's
_Story of the Pilgrim Fathers_, 259, 260.