Читать бесплатно онлайн книгу  A Source Book in American History to 1787

автор Willis M. West

A SOURCE BOOK
IN
AMERICAN HISTORY
TO 1787

COLLECTED AND EDITED

BY

WILLIS MASON WEST

SOMETIME PROFESSOR OF HISTORY AND HEAD OF THE DEPARTMENT AT THE UNIVERSITY OF MINNESOTA

ALLYN AND BACON

Boston New York Chicago

COPYRIGHT, 1913,
BY WILLIS MASON WEST.

Norwood Press
J. S. Cushing Co.—Berwick & Smith Co.
Norwood, Mass., U.S.A.

FOREWORD

Early American history is especially suited for "source work" in secondary schools and undergraduate college classes. After the year 1800, there are too many documents and many of them are too long. The student can get no systematic survey nor any sense of continuity; and source work is therefore merely illustrative of particular incidents. But, for the early period, it is possible, by careful selection and exclusion, to lay a basis for a fairly connected study.

To do this, it is necessary to combine in one volume selections which are usually grouped separately, as "Documents" and as "Readings,"—such, for instance, as the Massachusetts charter, on the one hand, and Winthrop's letters to his wife, on the other. Rigid scholarship may object to the inclusion of such different sorts of sources between the same covers. But students cannot be expected to own or use more than one volume of sources in American history; and the practical educational advantages of the combination seem to me to outweigh all possible objections—besides which, something might be said for the arrangement in itself, for young students, on the side of interest and convenience.

A number of admirable collections of sources for schools are already in use. And yet, in preparing my American History and Government,[1] I found no single volume which contained the different kinds of source material desirable for illustration, while much of the most valuable material was still inaccessible in any collection. Some two-thirds of the selections in the present volume, I believe, have not previously appeared in Source Books; and, for many of the customary documents, I have found it desirable to print parts not usually given. Thus, for Gorges' Patent for Maine, instead of reproducing the territorial grant (which is all that is given in the only Source Book which touches on that document), I have chosen rather to give the portion authorizing a degree of popular self-government (the reference to the "parliament in New England").

In a few cases, documents which might have been expected are not given, because extracts from them are used freely in the American History and Government, to which this is a companion volume. The most important cases of this character are noted at appropriate points. In general, in the selection and arrangement of documents, special emphasis has been given to the following topics: (1) the idealistic motives back of American colonization in Virginia as well as in Puritan New England; (2) the evolution of political institutions in Virginia and in typical Northern colonies,—especially of representative government and of the town meeting, and of such details as the use of the ballot; (3) the very imperfect nature of democracy, political and social, in colonial America,—so that the student may better appreciate our later growth; (4) social conditions,—necessarily a rather fragmentary treatment; (5) the evolution of commonwealths out of colonies in the Revolution; and (6) the breakdown of the Confederation and the making of the Constitution.

Many typical documents are given entire. Other selections are excerpted carefully. In such cases, omissions are indicated, of course, and the substance of the omitted matter is usually indicated in brackets. In the case of a few selections, like those from Winthrop's History, the original document has already been published in standard editions with modernized spelling. Such editions have been followed. The text of all other documents has been reproduced faithfully, except for such departures as are authorized in the American Historical Association's Suggestions for the Printing of Documents; i.e., regarding the spelling out of abbreviations, and the modern usage for the consonantal i and u, and the modernizing of punctuation when absolutely needful to prevent ambiguity. Some students may find a slight difficulty at first in the vagaries of seventeenth century orthography. But this difficulty is quickly surmounted; and, apart from the added flavor that comes from the quaintness of the original, and from the consciousness that the copy has been strictly adhered to, there is often a distinct historical advantage in the practice. The falling away in book-culture in the second generation of New England colonization can hardly be suggested so forcibly in any other way as by following the degeneration of spelling by town officials—as in the Watertown records in Number 83. The peculiarities of type in printed documents have been preserved so far as possible, but here I have taken a greater liberty than in any other matter of this kind. Italics and black-faced type have been introduced freely, to call attention to matter of special importance for instruction. Sometimes this practice has been noted in the respective introductions; and in other cases there will be little difficulty in deciding which passages owe their prominence of this sort to the editor.

I have tried also to add to the teaching value of the book by a free use of introductions to the various extracts, and by footnotes and addenda, with occasional "Hints for Study."

WILLIS MASON WEST.

Windago Farm,
November, 1913.

TABLE OF CONTENTS

NUMBER

PAGE

     I. England in the Century of Colonization

1.

Classes of Englishmen; by William Harrison; from Holinshed's

Chronicles

(1577)

1

A. SOUTHERN COLONIES TO 1660

    II. Motives for Early Colonization

2.

Sir George Peckham's "True Report" (1582) of Gilbert's expedition; from Richard Hakluyt's

Voyages and Discoveries of the English Nation 4

3.

Richard Hakluyt's

Discourse on Western Planting

(1584); from the

Maine Historical Society Collections 4

4.

Michael Drayton's

Ode

to the Virginian Voyage (1606)

7

5.

"Goodspeed to Virginia" (1609); by Robert Gray; from Brown's

Genesis of the United States 7

6.

"Nova Britannia" (1609); anonymous; from Peter Force's

Historical Tracts 10

7.

The "True and Sincere Declaration" by the London Company (1609), with a "Table of such [colonists] as are required"; from Brown's

Genesis of the United States 12

8.

Marston's

Eastward Hoe!

(1605)

15

9.

Crashaw's "Daily Prayer" for use in Virginia (1609); from Force's

Historical Tracts 15

10.

Crashaw's "Sermon" before Lord Delaware's Expedition (1610); from Brown's

Genesis of the United States 16

11.

A letter by Sir Edwin Sandys (1612) to stockholders of the London Company; from Neill's

Virginia and Virginiola 17

12.

The glories of Virginia; from a letter from Sir Thomas Dale (governor in Virginia) to Sir Thomas Smith (head of the London Company), in 1613; from the

Records of the Virginia Company of London

, edited by Susan Kingsbury

17

13.

A defense of the London Company (declared not mercenary) by Captain John Smith (1616); from Smith's

Generall Historie of Virginia 18

14.

A plea for colonization on patriotic and religious grounds (1631), by Captain John Smith;

Works 18

   III. Virginia (1606-1619), to the Introduction of Self-government

15.

The charter of Sir Humphrey Gilbert (1578); from Hakluyt's

Voyages and Discoveries 20

16.

The Virginia charter of 1606; from the Appendix to Stith's

History of Virginia 23

17.

Instructions by King James to the London Company (November 20/30, 1606); from Hening's

Statutes at Large 29

18.

Instructions from the Council of the Virginia Company to the first Jamestown expedition (December, 1606); from Neill's

Virginia Company 32

19.

The early settlers and their sufferings:

a.

A "Discourse" by Master George Percy (1607); from "Purchas his Pilgrimes" (1625)

35

b.

An account of "gentlemen" in Virginia, by Amos Todkill (1608); from Smith's

Works 36

20.

The Virginia charter of 1609 (with hints for study); from the Appendix to Stith's

History of Virginia 37

21.

The Virginia charter of 1612 (the portions relating to a more democratic organization of the Company and its powers);

ib. 44

22.

The danger from Spanish attack: correspondence of Spanish and English ambassadors with their respective governments; from Brown's

Genesis of the United States 47

    IV. Virginia under the Liberal Company, 1619-1624

23.

Rules of the Virginia Company (1619); from Force's

Historical Tracts 51

24.

An "Order" of the Company authorizing temporary self-government in its plantations (February 2/12, 1619/1620); from Susan Kingsbury's

Records of the Virginia Company of London 53

25.

Records of the Assembly of 1619; from Wynne and Gilman's

Colonial Records of Virginia 53

26.

The "Declaration" by the Company (drawn by Sandys), June 22/July 2, 1620, justifying the liberal management; from Susan Kingsbury's

Records of the Virginia Company of London 63

27.

The Ordinance of 1621,—a grant of limited self-government by the Company to the settlers, with authorization of a representative Assembly; from the Appendix to Stith's

History of Virginia 70

28.

Attempts by King James to control the elections in the Company in favor of the "court party" in 1620 and 1622; from Susan Kingsbury's

Records of the Virginia Company of London 73

     V. Virginia a Royal Province: Struggle to save the Assembly

29.

Royal Commission to Governor Wyatt and his Council (1624), ignoring the Assembly; from Hazard's

State Papers 80

30.

Royal commission to Governor Yeardley (1625), to like purpose; from Hazard's

State Papers 82

31.

Protests in the Colony:

a.

The Assembly's precautionary "bill of rights," with statement of the principle, "No taxation without representation" (three laws from the session of March, 1624); from Hening's

Statutes at Large 83

b.

Requests from the colony for aid, and, indirectly, for an Assembly:

1. Letter from the Governor and Council to the Special Commission in England (April, 1626); from the Aspinwall Papers, in

Massachusetts Historical Society Collections 84

2. Letter from the same to the same (May, 1626); from the

Virginia Magazine of History 85

32.

Restoration of the Assembly by royal authority (1629):

a.

Captain Harvey's "Propositions" (after appointment as governor);

ib. 86

b.

The King's answer to the same;

ib. 86

c.

Royal instructions to Governor Berkeley (1641);

ib. 87

33.

Virginian legislation, financial and moral; from Hening's

Statutes at Large 87

    VI. Virginia under the Commonwealth

34.

Terms of settlement between Parliamentary Commissioners and the Assembly (1652); from Hening's

Statutes at Large 90

35.

Legislation restricting the franchise, and restoring it to the old basis;

ib. 92

   VII. Maryland to 1660

36.

Lord Baltimore's letter to Charles I (1629), describing the hardships of the Avalon colony and asking for a grant in "Virginia"; from Scharf's

History of Maryland 93

37.

The Maryland charter of 1632; from Bacon's

Laws of Maryland 94

38.

Extracts from the Avalon charter of 1623 (with comparison with the Maryland grant); from Scharf's

History of Maryland 99

39.

Excursus: Extracts from the Plowden grant of New Albion of 1634, and the Gorges grant of Maine of 1639 (for comparison with the foregoing, in tracing the development of royal approval of representative institutions in the colonies); the documents from Hazard's

State Papers 100

40.

The "Toleration Act" of 1649; from the

Maryland Archives 102

B. NEW ENGLAND TO 1660

  VIII. An Early Exploration

41.

Captain George Weymouth's "True Relation" of his voyage in 1605 to the coast of Maine; from the

Massachusetts Historical Society Collections 106

    IX. The First Source of New England Land Titles

42.

The charter of 1620 for the Plymouth Council (sometimes called the Council for New England); from Hazard's

State Papers 109

     X. Plymouth Colony

43.

Negotiations between the Pilgrims and the Virginia Company for the Wincob charter: Cushman's letter explaining the delay; from Bradford's

Plymouth Plantation 113

44.

Articles of Partnership between Pilgrims and London merchants;

ib. 114

45.

The "farewell letter" from Pastor Robinson: the Pilgrims a "body politic" with power of self-government;

ib. 116

46.

The Mayflower Compact;

ib.

; with addendum—The Exeter Agreement; from Hazard's

State Papers 116

47.

The Peirce charter of June, 1621, from the New England Council; from the

Massachusetts Historical Society Collections 118

48.

Early history and hardships:

[2]

a.

Edward Winslow's letter of December, 1621, to a friend in England; from Arber's

Story of the Pilgrim Fathers 120

b.

Captain John Smith's account, in 1624;

Works 122

49.

The final source of Plymouth land titles:

a.

Bradford's Patent of 1630; from Hazard's

State Papers 124

b.

Bradford's surrender of the same to the colony;

ib. 126

50.

Extracts from the "Fundamental Laws" of 1636;

ib. 127

    XI. The Founding of Massachusetts Bay

51.

The Gorges claim:

a.

The charter from the New England Council to Robert Gorges (1622); from Sir Ferdinando Gorges' "Briefe Narration," in Hazard's

State Papers 129

b.

The Gorges expedition of 1623;

ib.

, in

Massachusetts Historical Society Collections 131

52.

The founding of Salem and Charlestown: White's "Relation" (1630); from Young's

Massachusetts Chronicles 132

53.

The Massachusetts Company's charter of 1629; from the

Records of the Governor and Company of Massachusetts Bay

, edited by Nathaniel Shurtleff (usually quoted here as the

Massachusetts Colonial Records

)

137

54.

The docket of the above charter, as it was presented for royal approval (showing the King's expectation that the charter was to remain in England); from the

Massachusetts Historical Society Proceedings

for 1869-1870

144

55.

Excursus: discussion of the original intention of the grantees in the Massachusetts charter as to removing to America, with illuminating extracts from the "Charter of the Company of Westminster for the Plantation of Providence Isle"; (the document from the manuscript in British Record Office)

146

56.

Agreement between the Massachusetts Company in England and the Rev. Francis Higginson, on his removal to America; from Young's

Chronicles of Massachusetts 148

57.

Establishment of a subordinate government in the colony (April, 1629), by order of the Company in England; from the

Massachusetts Colonial Records 150

   XII. The Colony Becomes Puritan

58.

The decision to transfer the government and charter to the colony:

a.

The first official proposal, by Governor Cradock, at a meeting of the Company in London (July 28, 1629); from the

Massachusetts Colonial Records 153

b.

The Cambridge Agreement; from

Young's Chronicles of Massachusetts 154

c.

The final decision by the Company; from the

Colonial Records 156

59.

Decision of Puritan gentlemen to settle in the colony:

a.

John Winthrop's argument for a Puritan colony; from Winthrop's

Life and Letters of John Winthrop 157

b.

Winthrop's reasons for himself coming to America;

ib. 159

c.

The decision of John Winthrop, Jr.;

ib. 160

d.

Higginson's "News from New England"; from Young's

Chronicles of Massachusetts 161

60.

The attitude of the early Puritan colonists toward the Church of England:

a.

Winthrop's farewell letter to the Church of England;

Life and Letters 162

b.

Captain John Smith's opinion of the Puritans in 1630 (not Separatists); from Smith's

Works 164

61.

Political principles of the Puritan leaders (distrust of democracy): illustrated by extracts from Calvin's

Institutes 164

62.

Early hardships and religious tendencies:

a.

From Winthrop's

History of New England

, 1630-1631

168

b.

From Winthrop's letters to his wife;

Life and Letters 171

c.

From Thomas Dudley's letter to the Countess of Lincoln (1631); from Young's

Chronicles of Massachusetts 174

  XIII. Development of Democracy

63.

Oligarchic usurpations in 1630-1631; from the

Colonial Records 178

64.

The "Watertown Protest" against taxation without representation (the first popular movement), in 1632, and the consequent resumption by the democracy of some of their rights; from Winthrop's

History of New England 180

65.

Sample legislation under aristocratic rule, 1630-1633; from the

Colonial Records 183

66.

The beginning of town government, at Dorchester; from the

Dorchester Records 188

67.

The development of representative government:

a.

Winthrop's account; from his

History of New England 189

b.

The official records of the revolutionary General Court of 1634; from the

Colonial Records 191

68.

Political reaction: the magistrates demand a "negative voice"; from Winthrop's

History of New England 194

69.

The Puritan government denies free speech in political matters;

ib. 195

70.

The adoption of the ballot in elections in the General Court;

ib. 196

71.

The first use of the ballot in local elections;

ib. 197

72.

A military commission with power of martial law; from the

Colonial Records 198

73.

Winthrop's account of various political actions: a "Life Council"; extension of the ballot by the use of proxies; restriction of "churches" to the organizations recognized by the government; from Winthrop's

History of New England 199

74.

The Wheelwright controversy, with special reference to political phases;

ib. 199

75.

Political and social conditions in Massachusetts in 1636:

a.

"Proposals" of Lords Say and Brooke, with the answers of John Cotton; from the Appendix to Hutchinson's

History of Massachusetts Bay 201

b.

Legislation of 1651 regarding dress of different classes; from the

Colonial Records 205

76.

Attack upon the charter:

a.

An order in Council in England for its surrender; from Hutchinson's

Original Papers 206

b.

The defiant refusal of the Colony; from Winthrop's

History of New England 207

77.

Democratic discontent with aristocratic privilege in 1639 (Winthrop's denial of the right of petition; the abolition of Life Council; delay in conceding a written code);

ib. 210

78.

The "Body of Liberties"; from Whitmore's

Bibliographical Sketch of the Laws of Massachusetts Colony 214

79.

A Puritan view of the rules of fair trade (Cotton's sermon upon the conviction of a shopkeeper for exacting exorbitant profits); from Winthrop's

History of New England 225

80.

The separation of the General Court into two Houses (the first two-chambered legislature in America); the story from Winthrop's

History of New England

, and the preamble of the act of 1644 from the

Colonial Records 226

81.

A town code of school laws (1645); from the

Dorchester Records 230

82.

Colonial school laws (1642 and 1647); from the

Colonial Records 233

83.

Representative town records (

Watertown Records

, 1634-1678)

236

   XIV. Massachusetts and Religious Persecution

84.

Puritan arguments for and against persecution:

a.

From Nathaniel Ward's

Simple Cobbler of Aggawamm

(1647)

246

b.

From Captain Edward Johnson's

Wonder-working Providence of Sions Saviour in New England

(1654)

248

c.

The discussion between Saltonstall and Cotton (about 1650); from Hutchinson's

Original Papers 249

85.

Criticism of the Massachusetts way, by a moderate Episcopalian and royalist (Lechford's

Plaine Dealing

; 1641)

252

86.

A Presbyterian demand for the franchise in 1646 (the letter of Dr. Robert Child and others to the Governor and General Court); from Hutchinson's

Original Papers 255

87.

Trial and punishment of nonconformists for not attending approved churches; from the

Colonial Records 259

88.

Quaker Persecutions:

a.

Edward Burrough's appeal to King Charles (1660); from Burrough's

Sad and Great Persecution and Martyrdom of Quakers in New England 260

b.

Trial of the Quaker, Wenlock Christison (1661); from Besse's

Collection of the Sufferings of the People called Quakers 263

    XV. Rhode Island to 1660

89.

The first covenant at Providence (1636): a compact in "

civil

things only"; from the

Early Records of the Town of Providence 267

90.

Roger Williams' argument that religious freedom is consonant with civil order (the ship illustration); from Arnold's

History of Rhode Island 268

91.

The Patent for Providence Plantation from the Council of the Long Parliament (1644), restricting the government to

civil

matters; from the

Rhode Island Colonial Records 269

92.

Rhode Island's answer to the demand of Massachusetts (a refusal to exclude Quakers); from the Appendix to Hutchinson's

Massachusetts Bay 270

   XVI. Connecticut before 1660

93.

The Fundamental Orders of 1639; from the

Connecticut Colonial Records 273

  XVII. The New England Confederation

94.

The constitution (Articles of Confederation); from the

New Haven Colonial Records 280

95.

The demand of Massachusetts for more weight in the union, with the answer of the Congress of the Confederation; from the

Plymouth Colony Records 285

96.

Nullification by Massachusetts, with the protest of the Congress of the Confederation;

ib. 287

C. COLONIAL AMERICA

 XVIII. Liberal Charters

97.

The Connecticut charter of 1662; from the

Connecticut Colonial Records 290

98.

The Rhode Island charter of 1663 (parts referring especially to religious liberty); from the

Rhode Island Colonial Records 293

   XIX. An English Colonial System

99.

Royal instructions for the "Councill appointed for Forraigne Plantations" (1660); from O'Callaghan's

Documents relative to the Colonial History of New York 298

100.

The English commercial policy:

a.

The "first" Navigation Act (1660), regarding shipping and "enumerated" colonial exports, with note from the Act of 1662 explaining that "English" ships include colonial; from

Statutes of the Realm 300

b.

The Navigation Act of 1663 (regarding colonial imports);

ib. 301

c.

The Sugar Act of 1733;

ib. 303

101.

The Duke of York's charter for New York (1664); from O'Callaghan's

Documents relative to Colonial History of New York 305

102.

Penn's grant of Pennsylvania (1680); from the

Charters and Laws of Pennsylvania 307

103.

Penn's grants to the Pennsylvanians:

a.

"Laws agreed upon in England" (1683); from Hazard's

Annals of Pennsylvania 311

b.

The "Charter of Privileges" of 1701; from

Votes and Proceedings of the House of Representatives of Pennsylvania 314

104.

Berkeley's Report on Virginia in 1671; from Hening's

Statutes 319

105.

The franchise in Virginia restricted (the Act of 1670);

ib. 324

106.

"Bacon's Laws" (the legislation of the revolutionary Assembly of 1676);

ib. 325

107.

The proclamation of July, 1676, by Nathaniel Bacon, "Generall by Consent of the People"; from the

Massachusetts Historical Society Collections 328

108.

Testimony by various county courts showing that democratic political discontent was a chief cause of Bacon's Rebellion; from the

Virginia Magazine of History 329

109.

The abolition of Bacon's reforms:

a.

The royal order; from Hening's

Statutes at Large 330

b.

The repeal of "Bacon's Laws" by the Assembly of 1677;

ib. 331

110.

Self-government in Massachusetts restricted:

a.

Randolph's report to the Lords of Trade; from Hutchinson's

Original Papers 331

b.

The Massachusetts charter of 1691; from

Acts and Resolves of the Province of Massachusetts Bay 333

111.

Attempts by England at closer control:

a.

Recommendation of the Board of Trade (1701) that all charter colonies be transformed into royal provinces by act of parliament; from the

North Carolina Colonial Records 339

b.

The feeling of the colonists (extracts from a pamphlet by John Wise, minister of Ipswich)

342

c.

The action of a Boston town meeting relative to a proposed permanent salary for the colonial Governor; from the

Boston Town Records 343

d.

Connecticut's refusal to obey a royal officer commissioned to command her militia (a private letter of Governor Fletcher, describing his repulse); from the

New York Colonial Documents 347

112.

The commission of a royal governor (from George III to Benning Wentworth); from the

New Hampshire Provincial Papers 349

113.

Freedom of speech vindicated: the trial of John Peter Zenger for criticising the governor of New York; from Zenger's

Brief Narrative of the Case and Tryall 352

114.

Franklin's "Albany Plan" for the union of the colonies under the crown:

a.

An account of the motives for the proposal; from

Franklin's Works 358

b.

The document; from

New York Colonial Documents 359

    XX. Harsh Phases of Colonial Life

115.

Legal punishments in Virginia: "pillory and ducking stoole" in 1662-1748; from Hening's

Statutes at Large 364

116.

White "servants" (indentured and others) in 1774; from Eddes'

Letters from America 364

117.

Advertisements for runaway servants; newspaper extracts for the years 1770-1771, from the

New Jersey Archives 366

D. THE REVOLUTION

   XXI. Preliminary Period—to 1774

118.

The Sugar Act of 1764; from the

Statutes of the Realm 369

119.

The Stamp Act of 1765;

ib. 373

120.

Reception of the Stamp Act in America:

a.

Patrick Henry's Resolutions; from the

Journals of the House of Burgesses of Virginia 374

b.

A Virginia County Association against the Act;

ib. 375

c.

The stamp distributor for Virginia persuaded to resign (the letter from Governor Fauquier to the Lords of Trade);

ib. 377

d.

Threat of violence against any who should use stamped paper; a notice in the

New York Gazette

of February 27, 1766; reproduced in the

New Jersey Archives 380

121.

Origin of the Virginia non-importation agreement:

a.

Protest of the Burgesses against the proposal of the English government to send Americans to England for trial (May 16, 1769); from the

Journals of the House of Burgesses 380

b.

The "association" of the ex-Burgesses (May 18, 1769);

ib. 383

122.

The origin of the Massachusetts town-committees of correspondence; from the

Boston Town Records 387

123.

The creation of Intercolonial Committees of Correspondence:

a.

Jefferson's later account; from

Jefferson's Writings 390

b.

The action of the Virginia House of Burgesses; from the

Journals 391

c.

Letters from other colonies received by the Virginia Committee, approving the recommendation;

ib. 392

124.

Intimidation of the owners of tea ships (a Philadelphia handbill by "The Committee for Tarring and Feathering"); from Scharf and Westcott's

History of Philadelphia 394

  XXII. The Rise of Revolutionary Governments

125.

The Virginia Burgesses suggest an annual Congress (1774):

a.

Extract from a letter by a member of the Assembly; from Force's

American Archives 396

b.

Jefferson's account of the plan for declaring a day of prayer and fasting, on receipt by the Burgesses of the news of the Boston Port Bill; from

Jefferson's Works 397

c.

Resolution of the Burgesses appointing June 1, 1774, a day of prayer and fasting; from the

Journals 398

d.

The consequent dissolution of the Assembly by the Governor;

ib. 399

e.

The ex-Burgesses suggest an annual Continental Congress;

ib. 399

f.

Letters from the Virginia Committee of Correspondence to the other colonies, conveying Virginia's suggestion for an annual Congress;

ib. 401

g.

The answer of Rhode Island to Virginia, with the appointment of delegates to the proposed Congress;

ib. 403

126.

A "call" for the Continental Congress from the Massachusetts Assembly (June 17)

405

127.

A Virginia county (Frederick) suggests a Continental Congress and a "General Association" of the colonies (June 8); from Force's

American Archives 406

128.

Virginia issues the first call for a provincial convention (to elect delegates to the Continental Congress);

ib.

:

a.

Suggestion from the ex-Burgesses, May 30, 1774

407

b.

Sample notice of the call by an ex-Burgess to his county (a letter from Thomas Mason of June 16)

408

c.

Typical call (June 27) by a county committee for a county meeting (Norfolk) to instruct delegates to the coming provincial convention

409

129.

Typical Instructions by Virginia county meetings:

a.

Westmoreland County

410

b.

George Washington's county (Fairfax)

412

c.

Nansemond County

416

d.

York County

417

e.

Middlesex County (disapproval of the Boston Tea Party)

417

130.

The First Continental Congress:

a.

The decision upon how the colonies should vote; from John Adams' "Diary" in his

Works 418

b.

Adams' impressions of the meeting at its close;

ib. 420

c.

The Declaration of Rights; from Ford's

Journals of the Continental Congress 421

d.

The Act of Association;

ib. 427

131.

Typical resolutions by a Virginia county (Prince William) approving the Association of the Continental Congress; from Force's

American Archives 432

132.

Virginia county conventions become de facto governments (typical action by Fairfax County, organizing a Revolutionary militia January 17, 1775);

ib. 433

133.

The Virginia Provincial Convention becomes a government:

a.

Cumberland County instructs delegates for preparation for war;

ib. 435

b.

The Second Virginia Convention arms and taxes the colony;

ib. 436

c.

The Third Convention (June, 1775) assumes the forms of a government; from

Virginia Calendar of State Papers 442

 XXIII. Independence

134.

Charlotte County, Virginia, instructs delegates (April 23, 1776) to the coming Fourth Virginia Convention to favor independence and an independent State constitution; Force's

American Archives 443

135.

The Virginia Convention, May 15, instructs for independence and adopts resolutions for a bill of rights and a constitution;

ib. 445

136.

The Virginia Bill of Rights; from Poore's

Charters and Constitutions 446

137.

Virginia's Declaration of Independence, June 29, 1776; from

Jefferson's Writings 450

138.

Revolutionary State Governments:

a.

The recommendation of Congress of May 15, 1776; from Ford's

Journals of Congress 452

b.

John Adams' comment; from

John Adams' Letters to Abigail Adams 453

139.

The Maryland Convention instructs its delegates in Congress against independence; from

Proceedings of the Conventions of Maryland 454

140.

Lee's motion for Independence in Congress; from Ford's

Journals 458

141.

The Declaration of Independence of July 4, 1776; from Ford's

Journals of Congress 459

142.

Anti-social tendencies of pre-Revolutionary measures:

a.

The effect of closing the courts (Adams' account of his welcome by his horse-jockey client); from

John Adams' Works 463

b.

A Tory's protest against mob violence, in a parody on Hamlet's soliloquy; from Moore's

Diary of the American Revolution 464

c.

Correspondence between a Tory and a Committee, showing how the Tory was induced to sign a recantation; from Niles'

Principles and Acts of the Revolution 464

143.

An oath of allegiance to a new State (Pennsylvania): a facsimile, from Scharf and Westcott's

History of Philadelphia 466

144.

A Loyalist's pretended "diary" of the year 1789 (written in 1778), to show the danger of French conquest; from Tyler's

Literary History of the American Revolution 467

145.

A statement of how the Revolution set free social forces; from David Ramsey's

History of the American Revolution 468

E. CONFEDERATION AND CONSTITUTION

  XXIV. The Articles of Confederation

146.

Debates in the Congress on the Articles; from

John Adams' Works 470

147.

The Articles; from the

Revised Statutes of the United States 475

   XXV. The National Domain

148.

The desire for Statehood in the West, and Western self-confidence; a statement by a convention of the proposed State of Frankland

485

149.

Organization of the Western Territory by Congress:

a.

The Ordinance of 1784; from the

Journals of Congress 486

b.

The Northwest Ordinance (1787);

ib. 488

  XXVI. Drifting toward Anarchy

150.

Gouverneur Morris to John Jay, on the prospect of a military dictator; from Sparks'

Life and Works of Gouverneur Morris 497

151.

Shays' Rebellion:

a.

A statement of grievances by Hampshire County; from Minot's

History of the Insurrection in Massachusetts 497

b.

Washington's alarm; letters to Henry Lee and to Madison; from

Washington's Writings 500

152.

A shrewd foreigner's view of the social conflict over the adoption of a new Constitution (Otto's letter to Vergennes, on the failure of the Annapolis Convention); from the Appendix to Bancroft's

History of the Constitution 502

 XXVII. Making the Constitution

153.

The call issued by the Annapolis Convention for a Federal Convention; from the

Documentary History of the Constitution 506

154.

Typical credentials of delegates to the Federal Convention (the Georgia credentials); from

Farrand's Records of the Federal Convention 510

155.

George Mason's account of the preliminaries at Philadelphia (a letter to George Mason, Jr., May 20, 1787);

ib. 512

156.

The "Virginia Plan";

ib. 514

157.

George Mason on aristocratic and democratic forces in the Convention at its opening (letter to George Mason, Jr., June 1);

ib. 517

158.

The "New Jersey Plan";

ib. 518

159.

Hamilton's plan; from

Hamilton's Works 521

160.

Character sketches of men of the Convention, by William Pierce, a delegate from Georgia; from Farrand's

Records of the Federal Convention 522

161.

One day in the Convention,—the critical day's debate on the Connecticut Compromise;

ib. 532

XXVIII. Ratifying the Constitution

162.

George Mason's objections to the Constitution; from Kate Mason Rowland's

Life of George Mason 543

163.

Mason's explanation of the preparation of his "Objections"; from Farrand's

Records of the Federal Convention 546

164.

A Federalist account of how John Hancock was induced finally to support the Constitution in the Massachusetts ratifying convention; by Stephen Higginson, in

Writings of Laco 547

165.

The Federal Constitution

551 Index of Sources. 576 Subject Index. 580

FOOTNOTES:

[1] Allyn and Bacon. 1913.

[2] Bradford's Plymouth Plantation, the main source for this topic, is quoted so extensively in the American History and Government that it is not used here in this connection.

A SOURCE BOOK IN AMERICAN HISTORY

I. ENGLAND IN THE SIXTEENTH CENTURY

1. Classes of Englishmen

William Harrison, in Holinshed's Chronicle (1577). Cf. No. 75 on like social divisions in early New England; and see American History and Government, § 65.

We in England divide our people commonlie into foure sorts, as gentlemen, citizens or burgesses, yeomen, ... or [and] laborers. Of gentlemen the first and cheefe (next the king) be the prince, dukes, marquesses, earls, viscounts, and barons: and these are called gentlemen of the greater sort, or (as our common usage of speech is) lords and noblemen: and next unto them be knights, esquiers, and last of all they that are simplie called gentlemen, ... Who soever studieth the lawes of the realme, who so abideth in the universitie giving his mind to his booke, or professeth physicke and the liberall sciences, or beside his service in the roome of a capteine in the warres, or good counsell given at home, whereby his commonwealth is benefited, can live without manuell labour, and thereto is able and will beare the port, charge, and countenance of a gentleman, he shall for monie have a cote and armes bestowed upon him by heralds (who in the charter of the same doo of custome pretend antiquitie and service, and manie gaie things) and, thereunto being made so good cheape, be called master, which is the title that men give to esquiers and gentlemen, and reputed for a gentleman ever after....

... our merchants [are] to be installed, as amongst the citizens (although they often change estate with gentlemen, as gentlemen doo with them, by a mutuall conversion of the one into the other)....

Yeomen are ... free men, borne English, and [who] may dispend of their owne free land in yearelie revenue, to the summe of fortie shillings sterling, or six pounds as monie goeth in our times. ... This sort of people have a certeine preheminence, and more estimation than labourers and the common sort of artificers, and commonlie live wealthilie, keepe good houses, and travell to get riches. They are also for the most part farmers to gentlemen ... or at the leastwise artificers, and with grasing, frequenting of markets, and keeping of servants (not idle servants as the gentlemen doo, but such as get both their owne and part of their master's living) do come to great welth, in somuch that manie of them are able and doo buie the lands of unthriftie gentlemen, and often setting their sonnes to the schooles, to the universities, and to the Ins of the court, or otherwise leaving them sufficient lands whereupon they may live without labour, doo make them by those means to become gentlemen. These were they that in times past made all France afraid. ...

The fourth and last sort of people in England are daie labourers, poore husbandmen, and some retailers (which have no free land) copie holders, and all artificers,—as tailers, shomakers, carpenters, brickmakers, masons, etc. As for slaves and bondmen we have none, naie such is the privilege of our countrie by the especiall grace of God, and bountie of our princes, that if anie come hither from other realms, so soone as they set foot on land they become so free of condition as their masters. ... This fourth and last sort of people therefore have neither voice nor authoritie in the common wealth, but are to be ruled, and not to rule other; yet they are not altogither neglected, for in cities and corporat townes, for default of yeomen they are faine to make up their inquests [juries] of such maner of people. And in villages they are commonlie made churchwardens, sidemen, aleconners, now and then constables, and manie times injoie the name of hedboroughes. Unto this sort also may our great swarmes of idle serving men be referred, of whome there runneth a proverbe; 'Young serving men, old beggers,' bicause service is none heritage....

A. SOUTHERN COLONIES TO 1660

II. MOTIVES FOR EARLY ENGLISH COLONIZATION

2. From Sir George Peckham's "True Report"

Richard Hakluyt's Voyages ... and Discoveries (1589), III, 167 ff.

Peckham was a partner in Gilbert's enterprise. His Report, a considerable pamphlet, was written in 1582.

... To conclude, since by Christian dutie we stand bound chiefly to further all such acts as do tend to the encreasing the true flock of Christ by reducing into the right way those lost sheepe which are yet astray: And that we shall therein follow the example of our right vertuous predecessors of renowned memorie, and leave unto our posteritie a divine memoriall of so godly an enterprise: Let us, I say, for the considerations alledged, enter into judgement with our selves, whether this action may belong to us or no. ... Then shal her Majesties dominions be enlarged, her highnesse ancient titles justly confirmed, all odious idlenesse from this our Realme utterly banished, divers decayed townes repaired, and many poor and needy persons relieved, and estates of such as now live in want shail be embettered, the ignorant and barbarous idolaters taught to know Christ, the innocent defended from their bloodie tyrannical neighbours, the diabolicall custome of sacrificing humane creatures abolished....

3. A Discourse on Western Planting by Richard Hakluyt, 1584

Maine Historical Society Collections, Second Series, II (1877).

This pamphlet was written by Hakluyt, an English clergyman and an ardent advocate of American colonization, at Raleigh's request, to influence Queen Elizabeth. It fills 107 pages of the volume of the Maine collections.

Chapter I. That this Westerne discoverie will be greately for thinlargemente of the gospell of Christe, whereunto the princes of the Refourmed Relligion are chefely bounde, amongeste whome her Majestie ys principall.

Nowe the meanes to sende suche as shall labour effectually in this busines ys, by plantinge one or tuoo colonies of our nation upon that fyrme, where they may remaine in safetie, and firste learne the language of the people nere adjoyninge (the gifte of tongues beinge nowe taken awaye), and by little and little acquainte themselves with their manner, and so with discretion and myldeness distill into their purged myndes the swete and lively liquor of the gospel. Otherwise for preachers to come unto them rashly with oute some suche preparation for their safetie, yt were nothinge els but to ronne to their apparaunte and certaine destruction, as yt happened unto those Spanishe ffryers, that, before any plantinge, withoute strengthe and company, landed in Fflorida, where they were miserablye massacred by the savages.

Now yf they [Romanists], in their superstition, by means of their plantinge in those partes, have don so greate thinges in so shorte space, what may wee hope for in our true and syncere relligion, proposinge unto ourselves in this action not filthie lucre nor vaine ostentation, as they in deede did, but principally the gayninge of the soules of millions of those wretched people, the reducinge of them from darkenes to lighte, from falsehoodde to truthe, from dombe idolls to the lyvinge God, from the depe pitt of hell to the highest heavens.

And this enterprise the princes of the relligion (amonge whome her Majestie ys principall) oughte the rather to take in hande, because the papistes confirme themselves and drawe other to theire side, shewinge that they are the true Catholicke churche because they have bene the onely converters of many millions of infidells to Christianttie. Yea, I myselfe have bene demannded of them, how many infidells have been by us converted? ... Yet in very deede I was not able to name any one infidell by them converted. But God, quoth I, hath his tyme for all men, whoe calleth some at the nynthe, and some at the eleventh houer. And if it please him to move the harte of her Majestie to put her helpinge hande to this godly action, she shall finde as willinge subjectes of all sortes as any other prince in all Christendome.

Chapter V. That this voyadge will be a greate bridle to the Indies of the Kinge of Spaine. ...

But the plantinge of tuoo or three stronge fortes upon some goodd havens (whereof there is greate store) betwene Florida and Cape Briton, woulde be a matter in shorte space of greater domage as well to his flete as to his westerne Indies; for wee shoulde not onely often tymes indannger his flete in the returne thereof, but also in fewe yeres put him in hazarde in loosinge some parte of Nova Hispania.

Nowe if wee (beinge thereto provoked by Spanishe injuries) woulde either joyne with these savages, or sende or give them armor, as the Spaniardes arme our Irishe rebells, wee shoulde trouble the Kinge of Spaine more in those partes, than he hath or can trouble us in Ireland, and holde him at suche a bay as he was never yet helde at.[3]

4. Drayton's Ode to the Virginian Voyage

This poem was written by Michael Drayton in 1606, in honor of the proposed Virginian voyage that founded Jamestown. The complete Ode contains twelve stanzas, as printed in Drayton's Poems in 1619. It is reprinted in full in Brown's Genesis of the United States, I, 86-87.

You brave heroique minds, Worthy your countries name, That honour still pursue, Goe, and subdue, Whilst loyt'ring hinds Lurk here at home with shame.

And cheerefully at sea, Successe you still intice, To get the pearle and gold, And ours to hold, Virginia, Earth's only Paradise.

And in regions farre, Such heroes bring yee forth As those from whom we came; And plant our name Under that starre Not knowne unto our north.

5. Goodspeed to Virginia, 1609

This pamphlet (by Robert Gray) contains about 9000 words. It was never printed. Extracts are given in Brown's Genesis of the United States, 293 ff. It was written to encourage the reorganization of the Virginia Company in 1609. (Cf. American History and Government, § 25.) The first of the extracts below comes from the "Epistle Dedicatory."

To the Right Noble and Honorable Earles, Barons, and Lords, and to the Right Worshipfull Knights, Merchants, and Gentlemen, Adventurers for the plantation of Virginea, all happie and prosperous successe, which may either augment your glorie, or increase your wealth, or purchase your eternitie.

Time ... consumes both man and his memorie. It is not brasse nor marble that can perpetuate immortalitie of name upon the earth. [But] A right sure foundation ... have you (My Lords and the rest of the most Worthie Adventurers for Virginia) laid for the immortalitie of your names and memorie, which, for the advancement of Gods glorie, the renowne of his Majestie, and the good of your Countrie, have undertaken so honourable a project, as all posterities shall blesse: and Uphold your names and memories so long as the Sunne and Moone endureth: Whereas they which preferre their money before vertue, their pleasure before honour, and their sensuall securitie before heroicall adventures, shall perish with their money, die with their pleasures, and be buried in everlasting forgetfulnes....

And therefore we may justly say, as the children of Israel say here to Joshua, we are a great people, and the lande is too narrow for us; so that whatsoever we have beene, now it behooves us to be both prudent and politicke, and not to deride and reject good powers of profitable and gainefull expectation; but rather to embrace every occasion which hath any probabilitie in its future hopes: And seeing there is neither preferment nor employment for all within the lists of our Countrey, we might justly be accounted as in former times, both imprudent and improvident, if we will yet sit with our armes foulded on our bosomes, and not rather seeke after such adventers whereby the Glory of God may be advanced, the teritories of our Kingdome inlarged, our people both preferred and employed abroad, our wants supplyed at home, His Majesties customes wonderfully augmented, and the honour and renown of our Nation spread and propagated to the ends of the World....

The report goeth, that in Virginia the people are savage and incredibly rude, they worship the divell, offer their young children in sacrifice unto him, wander up and downe like beasts, and in manners and conditions, differ very little from beasts, having no Art, nor science, nor trade, to imploy themselves, or give themselves unto, yet by nature loving and gentle, and desirous to imbrace a better condition. Oh how happy were that man which could reduce this people from brutishness to civilitie, to religion, to Christianitie, to the saving of their souls....

Farre be it from the hearts of the English, they should give any cause to the world to say that they sought the wealth of that Countrie above or before the glorie of God, and the propagation of his Kingdome.

Their second objection is [the argument of opponents of colonization] that this age will see no profit of this plantation. Which objection admit it were true, yet it is too brutish, and bewraies their neglect and incurious respect of posteritie: we are not borne like beasts for ourselves, and the time present only. ... What benefit or comfort should we have enjoyed in things of this world, if our forefathers had not provided better for us, and bin more carefully respective of posteritie than for themselves? We sow, we set, we build, not so much for ourselves as for posteritie; ... They which onely are for themselves, shall die in themselves, and shall not have a name among posterity; their rootes shall be dried up beneath, and above shall their branches bee cut down, their remembrance shall perish from the earth, and they shall have no name in the street. Job xviii; 16, 17.

Others object to the continuall charges [assessments] which will prove in their opinion very heavie and burdensome to those that shall undertake the said Plantation. These like the dog in the manger, neither eate hay themselves, neither will they suffer the Oxe that would. They never think any charge too much that may any way increase their owne private estate. They have thousands to bestow about the ingrossing of a commoditie, or upon a morgage, or to take their neighbors house over his head, or to lend upon usurie; but if it come to a publicke good, they grone under the least burden of charges that can bee required of them. These men should be used like sponges; they must be squeased, seeing they drink up all, and will yeeld to nothing, though it concerne the common good never so greatly. But it is demonstratively prooved in Nova Britannia, that the charges about this Plantation will be nothing, in comparison of the benefit that will grow thereof. And what notable thing I pray you can be brought to passe without charges? ... Without question, he that saves his money, where Gods glory is to be advanced, Christian religion propagated and planted, the good of the commonwealth increased, and the glorious renowne of the King inlarged is subject to the curse of Simon Magus, his money and he are in danger to perish together. Let none therefore find delaies, or faine excuses to withhold them from this imployment for Virginia, seeing every opposition against it is an opposition against God, the King, the Church, and the Commonwealth....

6. Nova Britannia, 1609

Peter Force's Historical Tracts, I (Washington, 1836).

This tract of some 12,000 words (equivalent to thirty-five pages of this volume) was written in 1609 for the same purpose as No. 5 above.

So I wish and intreat all well affected subjects, some in their persons, others in their purses, cheerefully to adventure, and joyntly take in hand this high and acceptable worke, tending to advance and spread the kingdome of God, and the knowledge of the truth, among so many millions of men and women, Savage and blind, that never yet saw the true light shine before their eyes ... as also for the honor of our King, and enlarging of his kingdome, and for preservation and defence of that small number our friends and countrimen already planted, least for want of more supplies we become a scorne to the world, subjecting our former adventures to apparent spoile and hazard, and our people (as a prey) to be sackt and puld out of possession, as were the French out of Nova Francia, not many yeares ago; and, which is the lest and last respect (yet usuallie preferred), for the singular good and benefite that will undoubtedly arise to this whole nation, and to everie one of us in particular, that will adventure therein.

It is knowne to the world [reference to attempts of Raleigh and Gilbert] how the present generation, scorning to sit downe by their losses, made newe attempts, not induring to looke on whilst so huge and spacious countries (the fourth part of the world) and the greatest and wealthiest part of all the rest, should remain a wilderness, subject (for the most part) but to wild beasts and fowles of the ayre, and to savage people, which have no Christian nor civill use of any thing; and that the subjects onely of one Prince Christian [Spaniards], which but within the memorie of man began first to creepe upon the face of those Territories, and now by meanes of their remnants settled here and there, do therefore imagine the world to be theirs, shouldring out all other nations, accounting themselves Kings and Commanders, not onely in townes and places where they have planted, but over all other partes of America, which containe sundrie vast and barbarous Regions, many of which (to this day) they never knew, nor did ever setle foote therein: which notwithstanding, if it were yeelded them as due, yet their strength and meanes, farre inferiour to their aspires, will never stretch to compasse ... the hundredth part.

But seeing we so passed by their dwellings, that in seating ourselves, wee sought not to unsettle them, but by Gods mercy, after many stormes, were brought to the Coast of another countrie, farre distant and remote from their habitations: why should any frowne or envie at it; or if they doe, why should wee (neglecting so faire an opportunitie) faint or feare to enlarge our selves? Where is our force and auncient vigour? Doth our late reputation sleepe in the dust? No, no, let not the world deceive it selfe; we still remaine the same, and upon just occasion given, we shall quickly shew it too:

... But wee must beware that ... that bitter root of greedy gaine be not so settled in our harts, that beeing in a golden dreame, if it fall not out presently to our expectation, we slinke away with discontent, and draw our purses from the charge. If any shew this affection, I would wish his baseness of minde to be noted. What must be our direction then? No more but this: if thou dost once approve the worke, lay thy hand to it cheerfully, and withdraw it not till thy taske bee done. In all assayes and new supplies of money be not lagge, nor like a dull horse thats alwaies in the lash; for heere lies the poison of all good attempts, when as men without halling and pulling, will not be drawne to performance, for by this, others are discouraged, the action lies undone, and the first expence is lost: But are wee to looke for no gaine in the lewe of all adventures? Yes undoubtedly, there is assured hope of gaine, as I will shew anon in due place; but look it be not chiefe in your thoughts. God, that hath said by Solomon: Cast thy bread upon the waters, and after many daies thou shalt find it: he will give the blessing.

... Two things are especially required herein, people to make the plantation, and money to furnish our present provisions and shippings now in hand: For the first, wee neede not doubt, our land abounding with swarmes of idle persons, which having no meanes of labour to releeve their misery, doe likewise swarme in lewd and naughtie practises, so that if we seeke not some waies for their forreine employment, wee must provide shortly more prisons and corrections for their bad conditions, for it fares with populous common weales as with plants and trees that bee too frolicke, which not able to sustaine and feede their multitude of branches, doe admit an engrafting of their buds and sciences into some other soile, accounting it a benefite for preservation of their kind, and a disburdening their stocke of those superfluous twigs that suck away their nourishment.

7. Statement of the Virginia Company, 1609

Brown's Genesis of the United States, I, 377 ff. This is one of the pamphlets put forth by the Company to stimulate stock subscription and emigration. As to the motives set forth in it, and in Nos. 2-6 above, cf. American History and Government, § 17.

A True and Sincere Declaration of the Purposes and Ends of the Plantation in Virginia. By Authority of the Governor and Councillors, December 14, 1609.[4]

... If all these be yet too weake to confirm the doubtfull, or awake the drousie, then let us come nearer, and arise from their reasons and affections to their soules and consciences: remember that what was at first but of conveniency, and for Honour is now become a case of necessity and piety: let them consider, that they have promised to adventure and not performed it; that they have encouraged and exposed many of Honorable birth, and which is of more consequence 600 of our Bretheren by our common mother the Church, Christians of one Faith and one Baptisme, to a miserable and inevitable death. Let not any man flatter himself, that it concernes not him, for he that forsakes whome he may safely releeve, is as guilty of his death as he that can swim, and forsakes himself by refusing, is of his owne. Let every man look inward, and disperse that cloud of avarice, which darkeneth his spiritual sight and he will finde there that when he shall appeare before the Tribunall of Heaven, it shall be questioned him what he hath done? Hath he fed and clothed the hungry and naked? It shall be required, what he hath done for the advancement of that Gospell which hath saved him; and for the releefe of his makers Image, whome he was bound to save: O let there be a vertuous emulation betweene us and the Church of Rome, in her owne Glory, and Treasury of Good Workes! And let us turn all our contentions upon the common enemy of the Name of Christ. How farre hath she sent out her Apostles and thorough how glorious dangers? How is it become a marke of Honor to her Faith, to have converted Nations, and an obloquie cast upon us, that we, having the better Vine, should have worse dressers and husbanders of it?....

Appendix.—To render a more particular satisfaction and account. ... And to avoyde both the scandall and peril of accepting idle and wicked persons; such as shame or fear compels into this action (and such as are the weedes and ranknesse of this land; who, being the surfet of an able, healthy, and composed body must needes be the poison of one so tender, feeble, and as yet unformed); And to divulge and declare to all men, what kinde of persons, as well for their religion and conversations, as Faculties, Arts and Trades, we propose to accept of:—We have thought it convenient to pronounce that for the first provision, we will receive no man that cannot bring or render some good testimony of his religion to God, and civil manners and behaviour to his neighbor with whom he hath lived; And for the second, we have set downe in a Table annexed, the proportion, and number we will entertaine in every necessary Arte, upon proofe and assurance that every man shall be able to performe that which he doth undertake, whereby such as are requisite to us may have knowledge and preparation to offer themselves. And we shall be ready to give honest entertainment and content, and to recompence with extraordinary reward, every fit and industrious person respectively to his Paines and quality.

The Table of such as are required to This Plantation.

• Foure honest and learned Ministers.
• 2. Salt-makers.
• 6. Coopers.
• 2. Surgeons.
• 2. Coller-makers for draught.
• 2. Druggists.
• 2. Plow-wrights.
• 10. Iron men for the Furnace and Hammer.
• 4. Rope-makers.
• 6. Vine-dressers.
• 2. Armorers.
• 2. Presse-makers.
• 2. Gun-Founders.
• 2. Joyners.
• 6. Blacksmiths.
• 10. Sawyers.
• 2. Sope-ashe men.
• 6. Carpenters.
• 4. Pitch Boylers.
• 6. Ship-wrights.
• 2. Minerall men.
• 6. Gardeners.
• 2. Planters of Sugar-Cane.
• 2. Silke-dressers.
• 4. Turners.
• 2. Pearle Drillers.
• 2. Bakers.
• 4. Brickmakers.
• 2. Brewers.
• 2. Tile-makers.
• 2. Colliers.
• 6. Fowlers.
• 10. Fishermen.
• 4. Sturgeon dressers.

8. Marston's "Eastward Hoe"

Marston published this play in 1605 to caricature the intended Virginian colonization. The name is a survival of the idea that Columbus had found the East. In the extract, the mate, Sea Gull, at a tavern meeting, is persuading some young blades to embark for the venture.

Sea Gull. Come boyes, Virginia longs till we share the rest of her....

Spendall. Why, is she inhabited alreadie with any English?

Sea Gull. A whole countrie of English is there, men bread of those that were left there in '79 [Ralegh's colony of '87 is meant]; they have married with the Indians ... [who] are so in love with them that all the treasure they have they lay at their feete.

Scape Thrift. But is there such treasure there, Captaine ...?

Sea Gull. I tell thee, golde is more plentifull there then copper is with us; and for as much redde copper as I can bring, Ile have thrise the waight in gold. Why, man, all their dripping pans ... are pure gould; and all the chaines with which they chaine up their streets are massie gold; all the prisoners they take are fettered in gold; and for rubies and diamonds they goe forth on holydayes and gather 'em by the seashore to hang on their childrens coates, and sticke in their children's caps, as commonly as our children wear saffron-gilt brooches. ... Besides, there wee shall have no more law than consceince, and not too much of eyther.

9. Crashaw's "Daily Prayer"

Force's Historical Tracts, III (1844), page 67.

The ardent clerical advocates of expansion, like Hakluyt and Crashaw, resented bitterly such "jests of prophane players" as No. 8 above; and Crashaw retorted by this passage in his form for "A Prayer duly said [at Jamestown] Morning and Evening ... either by the Captaine of the watch himselfe, or by some one of his principall officers." This form was drawn up in 1609, before Delaware's expedition, and was incorporated afterward in Dale's Code of Laws. The prayer would fill some twelve pages of this volume.

And whereas we have by undertaking this plantation undergone the reproofs of a base world, insomuch that many of our oune brethren laugh us to scorne, O Lord, we pray thee fortifie us against this temptation. Let ... Papists and players and such other ... scum and dregs of the earth, let them mocke such as helpe to build up the wals of Jerusalem, and they that be filthy, let them be filthy still; and let such swine still wallow in their mire....

10. Crashaw's Sermon, March 3/13, 1609/10

Brown's Genesis of the United States, page 360 ff.

This sermon was preached before Lord Delaware's Expedition, on the point of departure. The extract below was intended especially to refute such insinuations as those in No. 8. Cf. also the introduction to No. 9.

Text (Luke 22-32). "But I have praied for thee that thy faith faile not: therefore when thou art converted, strengthen thy brethren."

Oh but those that goe in person are rakte up out of the refuse, and are a number of disordered men, unfit to bring to passe any good action: So indeed say those that lie and slander. But I answer for the generalitie of them that goe, they be such as offer themselves voluntarily ... and be like (for ought that I see) to those [that] are left behind,—men of all sorts, better and worse. But for manie that go in person, let these objectors know, they be as good as themselves, and it may be, many degrees better....

This enterprise hath only three enemies. 1. The Divell, 2. The Papists, and 3. The Players. [Then, after paying respects to the first two] As for Plaiers: (pardon me, right Honorable and beloved, for wronging this place and your patience with so base a subject) they play with Princes and Potentates, Magistrates, and Ministers, nay, with God and Religion, and all holy things: nothing that is good, excellent, or holy can escape them: how then can this action? But this may suffice, that they are Players. They abuse Virginia, but they are but Players: they disgrace it: true, but they are but Players. ... The divell hates us, because wee purpose not to suffer Heathens; and the Pope, because we have vowed to tolerate no Papists. [Cf. Charter of 1609.] So doe the Players, because wee resolve to suffer no Idle persons in Virginea, which course, if it were taken in England, they know they might turn to new occupations.

11. Sir Edwin Sandys, 1612

Neill's Virginia and Virginiola (1878), page 44.

Sandys, then a member of the Council of the London Company, wrote to delinquent stockholders, urging the payment of subscriptions (April 8/18, 1612).

... presuming greatly of your affectionate Redines to aid ... so worthy an Enterprise, tending so greatly to the Enlargement of the Christian Truth, the Honour of our Nation, and Benefit of the English People....

12. Governor Dale to the London Company, 1613

Records of the Virginia Company of London (edited by Susan Kingsbury; Washington, 1906), II, 399-400.

Sir Thomas Dale wrote the following exhortation to Sir Thomas Smith, "Treasurer" of the Company, on June 13/23, 1613. This extract was read ten years later in a meeting of the Company.

Lett me tell you all at home this one thinge, and I pray remember it,—if you give over this Country and loose it, you with your wisedomes will leape such a gugion as our state hath not done the like since they lost the Kingdome of ffraunce: be not gulled with the clamorous reports of base people ... if the glory of god hath noe power with them, and the conversion of these poore Infidells, yet lett the rich Mammon's desires egge them on to inhabite these Countries. I protest unto you by the faith of an honest man, the more I range the Country, the more I admire it. I have seene the best Countries in Europe. I protest unto you before the Living God, put them altogether, this Country will be equivalent unto them if it be inhabited with good people.

[The Records continue, that, when this letter had been read, two members added that they had heard Dale say "that in his judgment out of foure of the best Kingdomes in Europe there could not be picked out soe much good ground as was in Virginia."]

13. The London Company not Mercenary

From Captain John Smith's Generall Historie of Virginia (Birmingham edition of the Works, 1884, page 527). The passage was published in 1616, when Smith was at odds with the Company; but he defends that body gallantly against unjust charges.

This deare bought Land, with so much bloud and cost, hath onely made some few rich, and all the rest losers [which fate, however, does not deter their efforts, Smith explains] ... For the Nobilitie and Gentrie, there is scarce any of them expects anything but the prosperitie of the Action [success of the colony]; and there are some Merchants ... I am confidently persuaded, doe take more care and paines, nay, and at their continuall great charge, than they could be hired to for the love of money; so honestly regarding the generall good of this great Worke, they would hold it worse than sacrilege to wrong it but a shillinge.

14. John Smith's Last Plea for Colonization, 1631

Captain John Smith's Works (Birmingham edition), 935, 962.

... and what hath ever beene the worke of the best great Princes of the world, but planting of Countries, and civilizing barbarous and inhumane Nations to civility and humanity; whose eternall actions fils our histories with more honour than those that have wasted and consumed them by warres.

... the Portugals and Spaniards that first began plantations in this unknowne world of America [their "everlasting actions"] will testifie our idlenesse and ingratitude to all posterity, and neglect of our duty and religion we owe our God, our King, and Countrey. ... Having as much power and meanes as others, why should English men despaire, and not doe as much as any? ... Seeing honour is our lives ambition, and our ambition after death to have an honourable memory of our life ... let us imitate their vertues, to be worthily their successors.

I speak not this to discourage any with vaine feares, but could wish every English man to carry alwaies this Motto in his heart,—Why should the brave Spanish Souldiers brag, The Sunne never sets in the Spanish dominions, but ever shineth on one part or other we have conquered for our King: ... but to animate us to doe the like for ours, who is no way his inferior.

And truly there is no pleasure comparable to a generous spirit as good imploiment in noble actions, especially amongst Turks, Heathens, and Infidels; to see daily new Countries, people, fashions, governments, stratagems; releeve the oppressed, comfort his friends, passe miseries, subdue enemies, adventure upon any feazable danger for God and his Country.

[The fine, idealistic motives of colonization, which have been treated in this Division (Nos. 2-14), are touched upon in many other documents. See especially the missionary purpose in No. 26 c, below.]

FOOTNOTES:

[3] Sir Philip Sydney urged his countrymen "to check the dangerous and increasing power of Spain and Rome in the New World by planting English protestant settlements there, which will increase until they extend from ocean to ocean." (Brown, First Republic, 1, 2.)

[4] Nos. 5-7 are taken from the voluminous literature of like character in one year, in order to make more vivid the amount available.

III. ILLUSTRATIVE OF VIRGINIA HISTORY TO THE INTRODUCTION OF SELF-GOVERNMENT (1606-1619)

15. The Gilbert and Raleigh Charters

Queen Elizabeth's charter to Sir Humphrey Gilbert (June, 1578) was first printed in Hakluyt's Voyages ... and Discoveries of the English Nation (1589). The Goldsmid edition of Hakluyt gives it, I, 360 ff. After Gilbert's death, Elizabeth reissued the charter to Sir Walter Raleigh (1584), with changes only in names and date. The Raleigh grant is easily accessible in Poore's Charters and Constitutions, under the head of North Carolina, or in Thorpe's American Charters and Constitutions.

The Letters Patents graunted by her Maiestie to Sir Humfrey Gilbert, knight, for the inhabiting and planting of our people in America.

I.—Elizabeth by the grace of God Queene of England, ... To all people to whom these presents shall come, greeting. Know ye that ... we ... by these presents ... do give and graunt to our trustie and welbeloved servant Sir Humfrey Gilbert of Compton, in our Countie of Devonshire knight, and to his heires and assignes for ever, free libertie and licence from time to time and at all times for ever hereafter, to discover, ... remote, heathen and barbarous lands ... not actually possessed of any Christian prince or people ... and the same to have, hold, occupie and enjoy to him, his heires and assignes for ever, with all commodities, jurisdictions, and royalties both by sea and land: ... And wee doe likewise by these presents ... give full authoritie and power to the saide Sir Humfrey, his heires and assignes, ... that hee and they ... shall and may at all and every time and times hereafter, have, take, and lead in the same voyages, to travell thitherward, and to inhabite there ... so many of our subjects as shall willingly accompany him ... with sufficient shipping, and furniture for their transportations,—so that none of the same persons ... be such as hereafter shall be specially restrained by us, ... And further, that he, the said Humfrey, his heires and assignes ... shall have, hold, occupy, and enjoy for ever, all the soyle of all such lands, countries, and territories so to be discovered or possessed as aforesaid, and of all Cities, Townes, and Villages, and places, in the same, with rites, royalties and jurisdictions, as well marine as other, within the sayd lands or countreys ... with ful power to dispose thereof, and of every part thereof, in fee simple or otherwise, according to the order of the laws of England, as nere as the same conveniently may be, paying unto us, for all services, dueties and demaunds, the fift part of all the oare of gold and silver, that from time to time, ... shall be there gotten; all which lands, countreys, and territories, shall for ever bee holden by the sayd Sir Humfrey, his heires and assignes of us, our heires and successours by homage, and by the sayd payment of the sayd fift part before reserved onely, for all services.

II.—And moreover, we doe by those presents ... give and graunt licence to the sayde Sir Humfrey Gilbert, his heires or assignes ... that hee and they ... shall and may from time to time and all times for ever hereafter, for his and their defence, encounter, expulse, repell, and resist, as well by Sea, as by land, and by all other wayes whatsoever, all, and every such person and persons whatsoever, as without the speciall licence and liking of the sayd Sir Humfrey, and of his heires and assignes, shall attempt to inhabite within the sayd countreys, ... or that shall enterprise or attempt at any time hereafter unlawfully to annoy either by Sea or land, the said sir Humfrey, his heires and assignes, or any of them:

III.— ... And wee doe graunt to ... all ... persons, being of our allegiance, whose names shall be noted or entred in some of our courts of Record, within this our Realme of England, and that with the assent of the said sir Humfrey, his heires or assignes, shall travel to such lands, ... and to their heires: that they and every or any of them, ... shall, and may have, and enjoy all privileges of free denizens and persons native of England, and within our allegiance: any law, custome, or usage to the contrary notwithstanding.

IV.—And forasmuch as upon the finding out, discovering and inhabiting of such remote lands, countreys and territories, as aforesayd, it shall be necessarie for the safetie of all men that shall adventure themselves in those journeys and voiages, to determine to live together in Christian peace and civill quietnesse each with other, whereby every one may with more pleasure and profit enjoy that whereunto they shall attaine with great paine and perill: wee, for us, our heires and successours, are likewise pleased and contented, and by these presents do give and graunt to the sayd sir Humfrey and his heires and assignes for ever, that he and they, and every or any of them, shall and may from time to time for ever here after within the sayd mentioned remote lands and countreys, and in the way by the Seas thither, and from thence, have full and meere power and authoritie to correct, punish, pardon, govern and rule by their and every or any of their good discretions and pollicies, as well in causes capitall or criminall, as civill, both marine and other, all such our subjects and others, as shall from time to time hereafter adventure themselves in the sayd journeys or voyages ... or that shall at any time hereafter inhabite any such lands, countreys or territories as aforesayd, ... according to such statutes, lawes and ordinances, as shall be by him the said sir Humfrey, his heires and assignes, or every or any of them, devised or established for the better government of the said people as aforesayd: so alwayes that the sayd statutes, lawes, and ordinances may be, as neere as conveniently may, agreeable to the forme of the lawes and pollicy of England: and also, that they be not against the true Christian faith or religion now professed in the church of England, nor in any wise to withdraw any of the subjects or people of those lands or places from the allegiance of us, our heires or successours, as their immediate Soveraignes under God....

Hints for Study.—1. Observe that no exact district is granted; why? 2. Note the power of the proprietor: (a) to regulate settlement; (b) to repel invasion; (c) to administer the government; (d) to make laws. 3. Note the guarantee of rights to the settlers; could it have been meant to cover the "right to vote," when taken in connection with the rest of the charter? 4. What church is established for the colony? Read and criticise Fiske's amazing misstatement in Old Virginia, I, 31, regarding this charter.

16. First Charter for Colonizing Virginia; April 10/20,[5] 1606

This charter was first printed by Stith in his History of Virginia (1747). Stith compiled carefully the four manuscript copies discoverable by him, and his text is usually followed. The text here given is taken from his work (Sabin's Edition, 1865). For secondary accounts, see American History and Government, § 22, and references for the same.

I.—James, by the grace of God, King of England, Scotland ... etc. Whereas our loving and well-disposed Subjects, Sir Thomas Gates, and Sir George Somers, Knights, Richard Hackluit, Clerk, Prebendary of Westminster, and Edward-Maria Wingfield, Thomas Hanham, and Ralegh Gilbert, Esqrs., William Parker, and George Popham, Gentlemen, and divers others of our loving Subjects, have been humble Suitors unto us, that We would vouchsafe unto them our Licence to make Habitation, Plantation, and to deduce a Colony of sundry of our People into that Part of America, commonly called Virginia, ... situate, lying, and being all along the Sea Coasts, between four and thirty Degrees of Northerly Latitude from the Equinoctial Line, and five and forty Degrees of the same Latitude,...

II.—And to that End, and for the more speedy Accomplishment of their said intended Plantation and Habitation there, are desirous to divide themselves into two several Colonies and Companies; The one consisting of certain Knights, Gentlemen, Merchants, and other Adventurers, of our City of London and elsewhere, ... which do desire to begin their Plantation and Habitation in some fit and convenient Place, between four and thirty and one and forty Degrees of the said Latitude, alongst the Coasts of Virginia and Coasts of America aforesaid; And the other consisting of sundry Knights, Gentlemen, Merchants, and other Adventurers, of our Cities of Bristol and Exeter, and of our Town of Plimouth, and of other Places, ... which do desire to begin their Plantation and Habitation in some fit and convenient Place, between eight and thirty Degrees and five and forty Degrees of the said Latitude,...

III.—We, greatly commending and graciously accepting of their Desires for the Furtherance of so noble a Work, which may, by the Providence of Almighty God, hereafter tend to the Glory of his Divine Majesty, in propagating of Christian Religion to such People, as yet live in Darkness and miserable Ignorance of the true Knowledge and Worship of God, and may in time bring the Infidels and Savages living in those Parts to human Civility, and to a settled and quiet Government; DO, by these our Letters Patents, graciously accept of, and agree to, their humble and well-intended Desires;

IV.—And do therefore, for Us, our Heirs, and Successors, GRANT and agree, that the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, and Edward-Maria Wingfield, Adventurers of and for our City of London, and all such others, as are, or shall be, joined unto them of that Colony, shall be called the first Colony; And they shall and may begin their said first Plantation and Habitation, at any Place upon the said Coast of Virginia or America, where they shall think fit and convenient between the said four-and-thirty and one-and-forty Degrees of the said Latitude; And that they shall have all the Lands, Woods, Soil, Grounds, Havens, Ports, Rivers, Mines, Minerals, Marshes, Waters, Fishings, Commodities, and Hereditaments, whatsoever, from the said first Seat of their Plantation and Habitation by the Space of fifty Miles of English Statute Measure, all along the said Coast of Virginia and America, towards the West and Southwest, as the Coast lyeth, with all the Islands within one hundred Miles directly over against the same Sea Coast; And also all the Lands, Soil, Grounds, [etc.] ... from the said Place of their first Plantation and Habitation for the space of fifty like English Miles, ... towards the East and Northeast, or towards the North, as the Coast lyeth, together with all the Islands within one hundred Miles, directly over against the said Sea Coast; And also all the Lands, Woods, Soil, Grounds, [etc.] ... from the same fifty Miles every way on the Sea Coast, directly into the main Land by the Space of one hundred like English Miles; And shall and may inhabit and remain there; and shall and may also build and fortify within any the same, for their better Safeguard and Defence, according to their best Discretion, and the Discretion of the Council of that Colony....

V.—And we do likewise, for Us, our Heirs, and Successors, by these Presents, Grant and agree, that the said Thomas Hanham, and Ralegh Gilbert, William Parker, and George Popham, and all others of the Town of Plimouth in the County of Devon, or elsewhere, which are, or shall be, joined unto them of that Colony, shall be called the second Colony; And that they shall and may begin their said Plantation and Seat of their first Abode and Habitation, at any Place upon the said Coast of Virginia and America, where they shall think fit and convenient, between eight and thirty Degrees of the said Latitude, and five and forty Degrees of the same Latitude; And that they shall have all the Lands [Here follows a passage duplicating the corresponding part of section IV for the other subcompany.]

VI.—Provided always ... that the Plantation and Habitation of such of the said Colonies as shall last plant themselves, as aforesaid, shall not be made within one hundred like English miles of the other of them that first began to make their Plantation, as aforesaid.

VII.—And we do also ordain, establish, and agree, for Us, our Heirs, and Successors, that each of the said Colonies shall have a Council, which shall govern and order all Matters and Causes, which shall arise, grow, or happen, to or within the same several Colonies, according to such Laws, Ordinances, and Instructions, as shall be, in that behalf, given and signed with Our Hand or Sign Manual, and pass under the Privy Seal of our Realm of England; Each of which Councils shall consist of thirteen Persons, to be ordained, made, and removed, from time to time, according as shall be directed and comprised in the same instructions. [Provision for "seals" for the councils.]

VIII.—And that also there shall be a Council established here in England, which shall, in like Manner, consist of thirteen Persons, to be, for that Purpose, appointed by Us, our Heirs and Successors, which shall be called our Council of Virginia; And shall, from time to time, have the superior Managing and Direction, only of and for all Matters, that shall or may concern the Government, as well of the said several Colonies, as of and for any other Part or Place within the aforesaid Precincts of four and thirty and five and forty Degrees, above-mentioned [Provision for a seal.]

IX.—[Grant of right to mine for precious metals, yielding to the monarch the fifth part of gold and silver and the fifteenth part of copper.]

X.—[Right to coin money in the colonies.]

XI.—And we do likewise, for Us, our Heirs, and Successors, by these Presents, give full Power and Authority to the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and to every of them, and to the said several Companies, Plantations, and Colonies, that they, and every of them, shall and may, at all and every time and times hereafter, have, take, and lead in the said Voyage, and for and towards the said several Plantations and Colonies, and to travel thitherward, and to abide and inhabit there in every the said Colonies and Plantations, such and so many of our Subjects, as shall willingly accompany them, or any of them, in the said Voyages and Plantations; ... Provided always that none of the said Persons be such as shall hereafter be specially restrained by Us, our Heirs, or Successors.

XII.—Moreover, we do, by these Presents, for Us, our Heirs, and Successors, Give and grant Licence unto the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and to every of the said Colonies, that they, and every of them, shall and may, from time to time, and at all times for ever hereafter, for their several Defences, encounter, expulse, repel, and resist, as well by Sea as by Land, by all Ways and Means whatsoever, all and every such Person and Persons, as without the especial Licence of the said several Colonies and Plantations, shall attempt to inhabit within the said several Precincts and Limits of the said several Colonies and Plantations, or any of them, or that shall enterprise or attempt, at any time hereafter, the Hurt, Detriment, or Annoyance, of the said several Colonies or Plantations:

XIII.—[A peculiarly obscure section, which provides that the governing bodies in the colonies may collect tariffs on imported goods,—2½ per cent on English goods and 5 per cent on foreign goods; the proceeds to go to the proprietary Companies for 21 years, and afterward to the crown.]

XIV. And we do further, by these Presents, for Us, our Heirs, and Successors, Give and grant unto the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, and Edward-Maria Wingfield, and to their Associates of the said first Colony and Plantation, and to the said Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and their Associates of the said second Colony and Plantation, that they, and every of them, by their Deputies, Ministers, and Factors, may transport the Goods, Chattels, Armour, Munition, and Furniture, needful to be used by them, for their said Apparel, Food, Defence, or otherwise in Respect of the said Plantations, out of our Realms of England and Ireland, and all other our Dominions, from time to time, for and during the Time of seven Years, next ensuing the Date hereof, for the better Relief of the said several Colonies and Plantations, without any Custom, Subsidy, or other Duty, unto Us, our Heirs, or Successors, to be yielded or paid for the same.

XV.—Also we do, for Us, our Heirs, and Successors, Declare, by these Presents, that all and every the Persons, being our Subjects, which shall dwell and inhabit within every or any of the said several Colonies and Plantations, and every of their children, which shall happen to be born within any of the Limits and Precincts of the said several Colonies and Plantations, shall HAVE and enjoy all Liberties, Franchises, and Immunities, within any of our other Dominions, to all Intents and Purposes, as if they had been abiding and born within this our Realm of England, or any other of our said Dominions.[6]

XVI.—Moreover, our gracious Will and Pleasure is, and we do, by these Presents, for Us, our Heirs, and Successors, declare and set forth, that if any Person or Persons, which shall be of any of the said Colonies and Plantations, or any other, which shall traffick to the said Colonies and Plantations, or any of them, shall, at any time or times hereafter, transport any Wares, Merchandises, or Commodities, out of any our Dominions, with a Pretence to land, sell, or otherwise dispose of the same, within any the Limits and Precincts of any the said Colonies and Plantations, and yet nevertheless, being at Sea, or after he hath landed the same within any of the said Colonies and Plantations, shall carry the same into any other Foreign Country, with a Purpose there to sell or dispose of the same, without the Licence of Us, our Heirs, and Successors, in that Behalf first had and obtained; That then, all the Goods and Chattels of such Person or Persons so offending and transporting, together with the said Ship or Vessel wherein such Transportation was made, shall be forfeited to Us, our Heirs, and Successors.

[Paragraph XVII reserves to the crown the right to disavow any unauthorized violence used by the Companies or their agents toward the subjects of other European countries; so that England need not be drawn into war by the colony if the king choose instead to leave it to its fate. The remaining paragraphs have to do mainly with landholding. They provide for a simpler method of transfer than was then common in England, and provide also that all land should be held as a freehold, not by military service,—"To be Holden of Us, our Heirs, and Successors, as of our Manor at East-Greenwich in the County of Kent, in free and common Soccage only, and not in Capite."]

17. Instructions issued by King James

Hening's Statutes (1809, 1823), I, 67 ff.

The following instructions for the guidance of the colonizing companies were issued by King James, November 20/30, 1606, in accordance with power reserved by him in the charter. They do not merit the ridicule which has been heaped upon them.

[Recital of the grant in preceding charter.]

Wee, according to the effect and true meaning of the same letters pattents, doe by these presents, ... establish and ordaine, that our trusty and well beloved Sir William Wade, knight, our Lieutenant of our Tower of London, Sir Thomas Smith, knight, Sir Walter Cope, knight, Sir Gorge Moor, knight, Sir Francis Popeham, knight, Sir Ferdinando Gorges, knight, Sir John Trevor, knight, Sir Henry Montague, knight, recorder of the citty of London, Sir William Rumney, knight, John Dodderidge, Esq., Sollicitor General, Thomas Warr, Esqr., John Eldred of the citty of London, merchant, Thomas James of the citty of Bristol, merchant, and James Bagge of Plymouth, in the county of Devonshire, merchant, shall be our councel for all matters which shall happen in Virginia of any the territories of America, between thirty-four and forty-five degrees from the æquinoctial line northward, and the Islands to the several colonies limited and assigned, and that they shal be called the King's Councel of Virginia, which councel or the most part of them shal have full power and authority, att our pleasure, in our name, and under us, our heires and successors, to give directions to the councels of the several collonies which shal be within any part of the said country of Virginia and America, within the degrees first above mentioned, with the Islands aforesaid, for the good government of the people to be planted in those parts, and for the good ordering and disposing of all causes happening within the same, and the same to be done for the substance thereof, as neer to the common lawes of England, and the equity thereof, as may be, and to passe under our seale, appointed for that councel, which councel, and every or any of them shall, from time to time be increased, altered or changed, and others put in their places, att the nomination of us, our heires and successors, and att our and their will and pleasure; And the same councel of Virginia, or the more part of them, for the time being shall nominate and appoint the first several councellours of those several councells which are to be appointed for those two several colonies, which are to be made plantations in Virginia ... according to our said letters pattents in that behalfe made; And that each of the same councels of the same several colonies shal, by the major part of them, choose one of the same councel, not being the minister of God's word, to be president of the same councel, and to continue in that office by the space of one whole year, unless he shall in the mean time dye or be removed from that office; and wee doe further hereby establish and ordaine that it shal be lawful for the major part of either of the said councells, upon any just cause, either absence or otherwise, to remove the president or any other of that councel, ... from being either president or any of that councel, and upon the deathes or removal of any of the presidents or councel, it shal be lawfull for the major part of that councel to elect another in the place of the party soe dying or removed, so alwaies as they shal not be above thirteen of either of the said councellours, and we doe establish and ordaine, that the president shal not continue in his office of presidentship above the space of one year; and wee doe specially ordaine, charge, and require the said presidents and councells, and the ministers of the said several colonies respectively, within their several limits and precincts, that they, with all diligence, care, and respect, doe provide, that the true word and service of God and Christian faith be preached, planted, and used, not only within every of the said several colonies and plantations, but alsoe as much as they may amongst the salvadge people which doe or shall adjoine unto them, or border upon them, according to the doctrine, rights, and religion now professed and established within our realme of England; ... and moreover wee doe hereby ordaine and establish for us, our heires and successors, ... that the offences of tumults, rebellion, conspiracies, mutiny and seditions in those parts which may be dangerous to the estates there, together with murther, manslaughter, incest, rapes, and adulteries committed in those parts within the precincts of any the degrees above mentioned (and noe other offences) shal be punished by death, and that without the benefit of the clergy, except in case of manslaughter, in which clergie is to be allowed; and that the said several presidents and councells ... shall have full power and authority, to hear and determine all and every the offences aforesaid, within the precinct of their several colonies, in manner and forme following, that is to say, by twelve honest and indifferent persons sworne upon the Evangelists, to be returned by such ministers and officers as every of the said presidents and councells, or the most part of them respectively shall assigne, and the twelve persons soe returned and sworne shall, according to the evidence to be given unto them upon oath and according to the truth, in their consciences, either convict or acquit every of the said persons soe to be accused and tried by them, ... and that every the said presidents and councells, within their several limits and precincts, shall have power and authority by these presents, to hear and determine all and every other wrongs, trespasses, offences, and misdemeanors whatsoever, other than those before mentioned, upon accusation of any person, and proofe thereof made, by sufficient witnesse upon oath; and that in all those cases the said president and councel ... shall have power and authority to punish the offender, either by reasonable corporal punishment and imprisonment, or else by a convenient fine, awarding damages or other satisfaction to the party grieved, as to the same president and councell shall be thought fitt and convenient, having regard to the quality of the offence, or state of the cause; and that alsoe the said president and councel, shall have power and authority, by virtue of these presents, to punish all manner of excesse, through drunkennesse or otherwaise, and all idle loytering and vagrant persons, which shall be found within their several limits and precincts, according to their best discretions, and with such convenient punishment, as they or the most part of them shall think fitt; ... Alsoe our will and pleasure is, and wee doe hereby establish and ordaine, that the said several collonies and plantations, ... shall ... for the space of five years, next after their first landing upon the said coast of Virginia and America, trade together all in one stocke (or devideably, but in two or three stocks at the most), and bring not only all the fruits of their labours there, but alsoe all such other goods and commodities which shall be brought out of England, or any other place, into the same collonies, into severall magazines or store houses, for that purpose to be made and erected there, and that in such order, manner, and form, as the councel of that collony, or the more part of them, shall sett downe and direct....

18. Instructions by the Council in England to the Expedition to Virginia; December, 1606

Printed first in Neill's Virginia Company (1869) from the manuscript records of the Company at Washington. Reprinted in full in Brown's Genesis, I, 79 ff. About a third of the paper is given here.

When it shall please God to send you on the coast of Virginia, you shall do your best endeavour to find out a safe port in the entrance of some navigable river making choice of such a one as runneth farthest into the land, and if you happen to discover divers portable rivers, and amongst them any one that hath two main branches, if the difference be not great, make choice of that which bendest most to the North-West, for that way you shall soonest find the other sea.

When you have made choice of the river on which you mean to settle, be not hasty in landing your victuals and munitions, but first let Captain Newport discover how far that river may be found navigable, that you make election of the strongest, most wholesome and fertile place; for if you make many removes, besides the loss of time, you shall greatly spoil your victuals and your casks, and with great pain transport it in small boats.

When you have discovered [explored] as far up the river as you mean to plant yourselves, and landed your victuals and munitions, to the end that every man may know his charge, you shall do well to divide your six score men into three parts, whereof one party of them you may appoint to fortifie and build, of which your first work must be your store-house for victual; the other you may imploy in preparing your ground and sowing your corn and roots; [but] ten of these forty you must leave as centinel at the haven's mouth. The other forty you may imploy for two months in discovery of the river above you, and on the country about you,...

In all your passages you must have great care not to offend the naturals, if you can eschew it, and imploy some few of your company to trade with them for corn and all other lasting victuals, if they have any, and this you must do before that they perceive you mean to plant among them; for not being sure how your own seed corn will prosper the first year, to avoid the danger of famine, use and endeavour to store yourselves of the country corn.

And how weary soever your soldiers be, let them never trust the country people with the carriage of their weapons, for if they run from you with your shott, which they only fear, they will easily kill them all with their arrows. And whensoever any of yours shoots before them, be sure that they be chosen out of your best marksmen, for if they see your learners miss what they aim at, they will think the weapon not so terrible, and thereby will be bould to assault you.

Above all things do not advertize the killing of any of your men, that the country people may know it; if they perceive that they [you] are but common men, and that with the loss of many of theirs, they may deminish any part of yours, they will make many adventures upon you. If the country be populous, you shall do well also not to let them see or know of your sick men, if you have any, which may also encourage them to many enterprises. You must take especial care that you choose a seat for habitation that shall not be over burthened with woods near your town, for all the men you have shall not be able to cleanse twenty acres a year, besides that it may serve for a covert for your enemies round about.

Neither must you plant in a low or moist place because it will prove unhealthfull. You shall judge of the good air by the people, for some part of that coast where the lands are low have their people blear eyed, and with swollen bellies and legs; but if the naturals be strong and clean made, it is a true sign of a wholesome soil.

It were necessary that all your carpenters and other such like workmen about building do first build your store house and those other rooms of publick and necessary use before any house be set up for any private persons; yet let them all work together first for the company and then for private men.

Lastly and chiefly the way to prosper and achieve good success is to make yourselves all of one mind for the good of your country and your own, and to serve and fear God the Giver of all Goodness, for every plantation which our Heavenly Father hath not planted shall be rooted out.

19. Exploration and Sufferings

a. Percy's Discourse

"That Honorable Gentleman, Master George Percy," wrote a detailed narrative of the first months in Virginia. The manuscript is lost, but extended extracts from it (such as would fill some twenty-five pages of this volume) are preserved in the fourth volume of "Purchas his Pilgrimes" (1625).

... The six and twentieth day of Aprill about foure a clocke in the morning, wee descried the Land of Virginia: the same day wee enterd into the Bay of Chesupioc without any let or hinderance; there wee landed and discovered a little way, but we could find nothing worth the speaking of but faire meddowes and goodly tall Trees, with such Fresh-waters runninge through the woods as I was almost ravished at the first sight thereof.

At night, when wee were going aboard, there came the Savages creeping upon all foure, from the Hills, like Beares, with their Bowes in their mouthes, [and] charged us very desperately ... After they had spent their Arrowes and felt the sharpnesse of our shot, they retired into the Woods with a great noise, and so left us.

The [28th] day ... we went further into the Bay, and saw a plaine plot of ground where we went on Land ... we saw nothing there but a Cannow, which was made out of the whole tree, which was five and fortie foot long, by the Rule. Upon this plot of ground we got good store of Mussels and Oysters, which lay upon the ground as thicke as stones: wee opened some and found in many of them Pearles. ... We passed through excellent ground full of Flowers of divers kinds and colours, and as goodly trees as I have seene, as cedar, cipresse, and other kindes. Going a little farther, we came into a little plot full of fine and beautifull strawberries, foure times bigger and better than ours in England.

[The closing pages are in the main a list of deaths, through August and September.] Our men were destroyed with cruell diseases, as Swellings, Fluxes, Burning fevers, and by warres; and some departed suddenly, but for the most part they died of meere famine. There were never Englishmen left in a forreigne Countrey in such miserie as wee were ... Wee watched every three nights, lying on the bare cold ground, what weather soever came; [and] warded all the next day, which brought our men to bee most feeble wretches. Our feed was but a small can of Barlie sod in Water to five men a day; our drinke, cold water taken out of the River, which was at a flood verie Salt, at a low tide full of slime and filth, which was the destruction of many of our men. Thus we lived for the space of five months in this miserable distresse, not having five able men to man our Bulwarkes upon any occasion. If it had not pleased God to have put a terrour in the Savages heartes, we had all perished by those vild and cruell Pagans, being in that weake estate ... our men night and day groaning in every corner of the Fort most pittiful to heare. If there were any conscience in men, it would make their harts to bleede to heare the pittifull murmurings and outcries of our sick men without reliefe every night and day for the space of sixe weekes, some departing out of the World, many times three or foure in a night, in the morning their bodies trailed out of their Cabines like Dogges to be burried.

b. "Gentlemen" in Virginia in 1608

From an account written probably by Captain Todkill, a rough soldier, and published in Smith's Works (Birmingham edition), 439.

But 30 of us he [Smith] conducted doune the river some 5 myles from James toune, to learne to make Clapbord, cut doune trees, and lye in the woods. Amongst the rest he had chosen Gabriel Beadle, and John Russell, the onely two gallants of this last Supply, and both proper Gentlemen. Straunge were these pleasures to their conditions; yet lodging, eating, and drinking, working or playing, they [were] but doing as the President did himselfe. All these things were carried so pleasantly as within a weeke they became Masters: making it their delight to heare the trees thunder as they fell; but the Axes so oft blistered their tender fingers that many times every third blow had a loud othe to droune the eccho; for remedie of which sinne, the President devised how to have every mans othes numbred, and at night for every othe to have a Cann of water poured doune his sleeve, with which every offender was so washed (himselfe and all) that a man should scarce heare an othe in a weeke.

By this, let no man thinke that the President and these Gentlemen spent their times as common Wood haggers at felling of trees, or such other like labour, or that they were pressed to it as hirelings, or common slaves; for what they did, after they were but once a little inured, it seemed ... onely as a pleasure and recreation: yet 30 or 40 of such voluntary Gentleman would doe more in a day than 100 of the rest that must be prest to it by compulsion; but twentie good workemen had beene better than them all.

20. Second Charter of Virginia; May 23/June 2, 1609

The text is printed in Stith's History of Virginia; cf. introduction to No. 16.

I.—[A recital of the grant of 1606.]

II.—Now, forasmuch as divers and sundry of our loving Subjects, as well Adventurers, as Planters, of the said first Colony, which have already engaged themselves in furthering the Business of the said Colony and Plantation, and do further intend, by the Assistance of Almighty God, to prosecute the same to a happy End, have of late been humble Suitors unto Us, that (in Respect of their great Charges and the Adventure of many of their Lives, which they have hazarded in the said Discovery and Plantation of the said Country) We would be pleased to grant them a further Enlargement and Explanation of the said Grant, Privileges, and Liberties, and that such Counsellors, and other Officers, may be appointed amongst them, to manage and direct their affairs, as are willing and ready to adventure with them, as also whose Dwellings are not so far remote from the City of London but that they may, at convenient Times, be ready at Hand to give their Advice and Assistance upon all Occasions requisite.

III.—We, greatly affecting the effectual Prosecution and happy Success of the said Plantation, and commending their good Desires therein, for their further Encouragement in accomplishing so excellent a Work, much pleasing to God, and profitable to our Kingdom, Do ... Give, Grant, and Confirm, to our trusty and well-beloved Subjects, Robert, Earl of Salisbury[7] ...; And to such, and so many, as they do, or shall hereafter, admit to be joined with them, in Form hereafter in these Presents expressed, whether they go in their Persons, to be Planters there in the said Plantation, or whether they go not, but adventure their Monies, Goods, or Chattels; That they shall be one Body or Commonalty perpetual, and shall have perpetual Succession, and one common Seal, to serve for the said Body or Commonalty; And that they, and their Successors, shall be KNOWN, CALLED, and INCORPORATED by the Name of, The Treasurer and Company of Adventurers and Planters of the City of London for the first Colony in Virginia:

IV.—And that they, and their Successors, shall be, from henceforth, for ever enabled to TAKE, ACQUIRE, and PURCHASE, by the Name aforesaid (Licence for the same, from Us, our Heirs or Successors, first had and obtained) any Manner of Lands, Tenements, and Hereditaments, Goods, and Chattels, within our Realm of England and Dominion of Wales:

V.—And that they, and their Successors, shall likewise be enabled, by the Name aforesaid, to PLEAD, and BE IMPLEADED, before any of our Judges or Justices, in any of our Courts, and in any Actions or Suits whatsoever.

VI.—And we do also ... GIVE, GRANT and CONFIRM, unto the said Treasurer and Company, and their Successors, under the Reservations, Limitations, and Declarations, hereafter expressed, all those Lands, Countries, and Territories, situate, lying, and being, in that Part of America called Virginia, from the Point of Land, called Cape or Point Comfort, all along the Sea Coast, to the Northward two hundred Miles, and from the said Point of Cape Comfort, all along the Sea Coast, to the Southward two hundred Miles, and all that Space and Circuit of Land, lying from the Sea Coast of the Precinct aforesaid, up into the Land, throughout from Sea to Sea, West and Northwest; And also all the Islands lying within one hundred Miles along the Coast of both Seas of the Precinct aforesaid;...

VII.—[Right to dispose of lands.]

VIII.—And forasmuch, as the good and prosperous Success of the said Plantation cannot but chiefly depend, next under the Blessing of God, and the Support of our Royal Authority, upon the provident and good Direction of the whole Enterprize by a careful and understanding Council, and that it is not convenient that all the Adventurers shall be so often drawn to meet and assemble, as shall be requisite for them to have Meetings and Conference about the Affairs thereof; Therefore we DO ORDAIN, establish, and confirm, that there shall be perpetually one Council here resident, according to the Tenour of our former Letters-patents; Which Council shall have a Seal, for the better Government and Administration of the said Plantation, besides the legal Seal of the Company or Corporation, as in our former Letters-patents is also expressed.

IX.—[Names of the members of the council appointed.]

X.—And the said Sir Thomas Smith we do ORDAIN to be Treasurer of the said Company; which Treasurer shall have Authority to give Order for the Warning of the Council, and summoning the Company, to their Courts and Meetings.

XI.—And the said Council and Treasurer, or any of them, shall be from henceforth, nominated, chosen, continued, displaced, changed, altered, and supplied, as Death, or other several Occasions, shall require, out of the Company of the said Adventurers, by the Voice of the greater Part of the said Company and Adventurers, in their Assembly for that Purpose: Provided always, That every Counsellor, so newly elected, shall be presented to the Lord Chancellor of England, or to the Lord High Treasurer of England, or to the Lord Chamberlain of the Household of Us, our Heirs, and Successors, for the time being, to take his Oath of a Counsellor to Us, our Heirs, and Successors, for the said Company of Adventurers and Colony in Virginia.

XII.—[Provision for a Deputy Treasurer.]

XIII.—And further ... we do, by these Presents, Give and Grant full Power and Authority to our said Council, here resident, as well at this present Time, as hereafter from time to time, to nominate, make, constitute, ordain, and confirm, by such Name or Names, Stile or Stiles, as to them shall seem good, And likewise to revoke, discharge, change, and alter, as well all and singular Governors, Officers, and Ministers, which already have been made, as also which hereafter shall be by them thought fit and needful to be made or used, for the Government of the said Colony and Plantation:[8]

XIV.—And also to make, ordain, and establish all Manner of Orders, Laws, Directions, Instructions, Forms, and Ceremonies of Government and Magistracy, fit and necessary, for and concerning the Government of the said Colony and Plantation; And the same, at all times hereafter, to abrogate, revoke, or change, not only within the Precincts of the said Colony, but also upon the Seas in going and coming to and from the said Colony, as they, in their good Discretion, shall think to be fittest for the Good of the Adventurers and Inhabitants there.

XV.—[Previous authorities in Virginia supplanted by these new arrangements.]

XVI.—And we do further, by these Presents, Ordain and establish, that the said Treasurer and Council here resident, and their Successors, or any four of them, being assembled (the Treasurer being one) shall, from time to time, have full Power and Authority, to admit and receive any other Person into their Company, Corporation, and Freedom; And further, in a General Assembly of the Adventurers, with the Consent of the greater Part, upon good Cause, to disfranchise and put out any Person or Persons, out of the said Freedom or Company.

XVII.—[Right to minerals, as in First Charter, section IX, paying to the king the fifth part, etc.]

XVIII.—[Right to transport willing colonists to Virginia.]

XIX.—[Certain exemptions from English customs duties, in favor of the Company.]

XX.—[Grant to the Company and to its officers in Virginia that it may expel unwelcome settlers and outsiders who "enterprise" destruction, hurt, or annoyance. The language is taken from the First Charter, section XII.]

XXI.—[Right to levy import duties, as in First Charter.]

XXII.—[Rights of settlers. Repeated from First Charter, section XV.]

XXIII.—And forasmuch, as it shall be necessary for all such our loving Subjects as shall inhabit within the said Precincts of Virginia, aforesaid, to determine to live together, in the Fear and true Worship of Almighty God, Christian Peace, and civil Quietness, each with other, whereby every one may, with more Safety, Pleasure, and Profit, enjoy that whereunto they shall attain with great Pain and Peril; We ... do GIVE and GRANT unto the said Treasurer and Company, and their Successors, and to such Governors, Officers, and Ministers, as shall be, by our said Council, constituted and appointed, according to the Natures and Limits of their Offices and Places respectively, that they shall and may, from time to time for ever hereafter, within the said Precincts of Virginia, or in the way by Sea thither and from thence, have full and absolute Power and Authority, to correct, punish, pardon, govern, and rule, all such the Subjects of Us ... as shall, from time to time, adventure themselves in any Voyage thither, or that shall, at any time hereafter, inhabit in the Precincts and Territories of the said Colony, as aforesaid, according to such orders, Ordinances, Constitutions, Directions, and Instructions, as by our said Council, as aforesaid, shall be established; And in Defect thereof, in case of Necessity, according to the good Discretions of the said Governor and Officers, respectively, as well in Cases capital and criminal as civil, both marine and other; So always, as the said Statutes, Ordinances, and Proceedings, as near as conveniently may be, be agreeable to the Laws, Statutes, Government, and Policy of this our Realm of England.

XXIV.—And we do further ... GRANT, DECLARE, and ORDAIN, that such principal Governor, as, from time to time, shall duly and lawfully be authorised and appointed, in Manner and Form in these Presents heretofore expressed, shall have full Power and Authority, to use and exercise Martial Law, in Cases of Rebellion or Mutiny, in as large and ample Manner as our Lieutenants in our Counties, within this our Realm of England, have, or ought to have....

XXV.—[Penalty for trying to evade English revenue laws under color of transporting goods to the colony, as in section XVI of the First Charter.]

XXVI.—And further our will and pleasure is, that in all questions and doubts that shall arise upon any difficulty of construction or interpretation of anything contained either in this or in our said former letters patents, the same shall be taken and interpreted in most ample and beneficial manner for the said treasurer and company....

XXVII.—[Confirms all privileges granted in the first charter and not herein altered or revoked.]

XXVIII.—[Provides that anyone who will adventure the necessary money shall be received in full equality as a member of the Company.]

XXIX.—And lastly, because the principal Effect which we can desire or expect of this Action, is the Conversion and Reduction of the People in those Parts unto the true Worship of God and Christian Religion, in which Respect we should be loath that any Person should be permitted to pass that we suspected to affect the superstitions of the Church of Rome; We do hereby DECLARE, that it is our Will and Pleasure, that none be permitted to pass in any Voyage, from time to time to be made into the said Country, but such as first shall have taken the Oath of Supremacy; For which Purpose, we do, by these Presents, give full Power and Authority, to the Treasurer for the time being, and any three of the Council, to tender and exhibit the said Oath to all such Persons as shall at any time be sent and employed in the said Voyage....

[It is a profitable exercise to read some of the sections in a more logical order. Thus the political provisions are seen better if arranged in the following sequence: XIV, XIII, XV, XXIII, XXIV, XXII. Certainly, too, XXVIII should follow, or be combined with, XVI. The utterly meaningless arrangement of many of these great documents, together with the unpardonable carelessness of the copiers, account partly for their needless length and largely for their obscurity.

Nova Britannia (No. 6 above) contains also an explanation of the method of "industry in common" and of the proposed method of sharing profits,—all of which was continued ten years more under this charter:—

"Wee call those Planters that goe in their persons to dwell there, and those Adventurers that adventure their money and go not in person; and both doe make the members of one Colonie. We do account twelve pound ten shillings to be a single share adventured. Every ordinary man or woman, if they will goe and dwell there, and every childe above tenne yeares that shall be carried thither to remaine, shall be allowed for each of their persons a single share, as if they had adventured twelve pound ten shillings in money. [Extraordinarie men, as Divines, Governors, ... Knights, Gentlemen, Physitions, and such as be men of worth for special services, to be rated higher,—as the Council may value them.] And likewise, if any that goe to bee planters will lay downe money to the Treasurer, it shall be also registered and their shares inlarged, accordingly, be it for more or lesse. All charges of setling and maintaining the Plantation, and of making supplies, shall be borne in a joint stock of the adventurers for seven yeares after the date of our new enlargement: during which time there shall be no adventure nor goods returned in private from thence, neytheir by Master, Marriner, Planter, nor Passenger."]

21. Third Charter for Virginia. March 12/22, 1611/1612[9]

First printed in Stith (cf. introduction to No. 16); found also in the collections of Poore and Thorpe (cf. introduction to No. 15).

The greater part of this document is given (1) to an enlargement of territory (by inclusion of the Somers islands), (2) to extraordinary rights of jurisdiction to compel fulfilment of contracts and to prevent slander of the Company, and (3) to provisions for lotteries for the Company's support. These parts are omitted. Only those clauses are given here which bear upon the reorganization of the Company and upon its powers of government.

VII.—And We do hereby ORDAIN and GRANT, by these Presents, that the said Treasurer and Company of Adventurers and Planters aforesaid, shall and may, once every Week, or oftener, at their Pleasure, hold and keep a Court and Assembly, for the better Order and Government of the said Plantation, and such things, as shall concern the same; And that any five Persons of our Council for the said first Colony in Virginia, for the time being, of which Company the Treasurer, or his Deputy, to be always one, and the Number of fifteen others, at the least, of the Generality of the said Company, assembled together in such Manner as is and hath been heretofore used and accustomed, shall be said, taken, held, and reputed to be, and shall be a sufficient Court of the said Company, for the handling, and ordering, and dispathcing [dispatching] of all such casual and particular Occurrences, and accidental Matters, of less Consequence and Weight, as shall, from time to time, happen, touching and concerning the said Plantation:

VIII.—And that nevertheless, for the handling, ordering, and disposing of Matters and Affairs of greater Weight and Importance, and such, as shall or may, in any Sort, concern the Weal Publick and General Good of the said Company and Plantation, as namely, the Manner of Government from time to time to be used, the Ordering and disposing of the Lands and Possessions, and the Settling and Establishing of a Trade there, or such like, there shall be held and kept, every Year, upon the last Wednesday, save one, of Hillary Term, Easter, Trinity, and Michaelmas Terms, for ever, one great, general, and solemn Assembly, which four Assemblies shall be stiled and called, The four Great and General Courts of the Council and Company of Adventurers for Virginia; In all and every of which said Great and General Courts, so assembled ... the said Treasurer and Company, or the greater Number of them, so assembled, shall and may have full Power and Authority, from time to time, and at all times hereafter, to elect and chuse discreet Persons, to be of our said Council for the said first Colony in Virginia, and to nominate and appoint such officers, as they shall think fit and requisite for the Government, Managing, Ordering, and Dispatching of the Affairs of the said Company; And shall likewise have full Power and Authority, to ordain and make such Laws and Ordinances, for the Good and Welfare of the said Plantation, as to them, from time to time, shall be thought requisite and meet: So always, as the same be not contrary to the Laws and Statutes of this our Realm of England....

X.—And we do ... further grant ... that the said Treasurer and Company, or the greater Part of them ... so in a full and general Court assembled ... shall and may ... admit into their Company ... any Person or Persons....

XI.—And We do further ... grant ... that it shall be lawful and free for them ... out of our Dominions ... to take, lead, carry and transport ... for and toward the said Plantation of our said ... Colony of Virginia all and so many of our loving Subjects ... as shall willingly accompany them....

XII.—And We do further ... grant ... that the said Treasurer of that Company, or his Deputy ... or any two other of the said Council ... have full power and authority to minister and give the Oath and Oaths of Supremacy and Allegiance, or either of them, to all and every Person and Persons, which shall at any Time or Times ... go or pass to the said Colony.

XX.—And further, our Will and Pleasure is, that in all Questions and Doubts, that shall arise, upon any Difficulty of Construction or Interpretation of any Thing, contained in these, or any other our former Letters-patents, the same shall be taken and interpreted, in most ample and beneficial Manner for the said Treasurer and Company, and their Successors, and every Member thereof.

XXI.—And lastly, we do, by these Presents, RATIFY AND CONFIRM unto the said Treasurer and Company, and their Successors, for ever, all and all Manner of Privileges, Franchises, Liberties, Immunities, Preheminences, Profits, and Commodities, whatsoever, granted unto them in any our former Letters-patents, and not in these Presents revoked, altered, changed, or abridged.

Hints for Study.—1. Compare the clauses relating to the oath of supremacy in the second and third charters. (The passage given above contains all such matter found in the third charter.) When the third charter was issued, James had broken with his first parliament, and probably wished to draw the great Catholic lords nearer to himself.

2. Compare the provisions for the meeting of the whole Company in the second charter with the more specific provisions in the third.

3. The most important sections are VII and VIII. Observe that no regular meetings of the Council are provided. That body had lost all controlling power; it remained merely a preconsidering body, to prepare business for the meetings of the stockholders. Five of the Council, however, had to be of the small quorum necessary for one of the minor "courts" (VII), and, in fact, those minor courts were usually little more than Council meetings.

From the general tenor of this charter and the preceding one, it would seem as though "Planters" from Virginia, if present in London, might attend the "Courts" and vote. But in practice, when this question was raised, it was decided against the visiting Planters (Company Records, II, 301). Only holders of shares of stock could vote, and, in practice, stock certificates were not issued for emigration to America.

22. Danger from Spanish Attack (1607-1614)

The following extracts from the correspondence between Zuñiga, the Spanish ambassador at London, and the King of Spain are taken from the documents printed in Brown's Genesis. These letters were usually in cypher. The translations, of course, are in modern English. Cf. American History and Government, § 24.

a. Zuñiga to the King of Spain; London, October 16, 1607

Those who urge the colonization of Virginia become every day more eager ... and before Nativity there will sail from here [London] and from Plymouth five or six ships. It will be serving God and Your Majesty to drive these villains out from there, hanging them.

[In this same letter, Zuñiga says that he has found a man to inform him of all the secret doings of the Council for Virginia; and, November 10, he advises that the Spanish "Windward fleet" be used at once to drive out the colonists. The Spanish Council at Madrid reported, however, that the fleet was not in state of preparation.]

[December 6.] As to Virginia, I hear that three or four other ships will return there. Will your Majesty give orders that measures be taken in time [to destroy the settlement]; because now it will be very easy, and quite difficult afterwards, when they have taken root; and if they are punished in the beginning, the result will be that no more will go there.

[December 22.] It appears that there will be more people there after Nativity than those I have written of. Wherefore Your Majesty will see how necessary it is to act with vigor and hasten the remedy.

[After reading these letters, the Spanish Council made the following record: "The Council says that having informed Your Majesty ... Your Majesty was pleased to command that there should be prepared whatever was necessary to drive out the people who are in Virginia." This report is indorsed by the King: "Not to let anyone know what is being done."

Similar matter is found in letters from Zuñiga under date of March 28, 1608; November 8, 1608.]

[March 5, 1609.] The Baron de Arundel [an English Catholic who had been a candidate for the governorship of Virginia, and who now apparently was playing traitor] offers to leave here whenever Your Majesty may command, under pretext of a voyage of discovery, and that in the Canaries or Porto Rico he will take on board the person Your Majesty will send, as a man fleeing out of Spain, and will carry him to Virginia, and instruct him as to ... the parts which the English hold ... and that soon he will tell Your Majesty by what means those people may be driven out without violence.[10] [But Zuñiga urges immediate and violent action, since King James is sure to acquiesce after the fact.] Hence Your Majesty will command that they be destroyed with the utmost possible promptness.

[April 12, 1609. After describing a new English expedition to Virginia,—Lord Delaware's.] Your Majesty will see the great importance of this matter for your Royal Service, and thus, I hope, will give orders to have these insolent people quickly annihilated.

b. Velasco (Zuñiga's Successor at the English Court) to the King of Spain; June 14, 1610

[After reporting the news of the terrible winter of 1609 in Virginia] Thus it looks as if the zeal for this enterprise was cooling off, and it would be easy to make an end of it altogether by sending out a few ships to finish what might be left in that place.

[The Spanish Council report upon this letter to the King, and add: "It appears to the Council that this should be communicated to the Council of War ... and that it be asked to state what will be right and proper to do, the supply of ships and whatever else may be needful for that purpose. Y. M. will command what shall be done." This is indorsed, with the King's signature, "It is well."]

c. Digby (English Ambassador at Madrid) to King James

[September 22, 1612.] There is nothing so generally spoken of in the Courte as their intent to remove Our plantation from Virginia. And, for myne owne parte, I am of beliefe that the Spaniards will serve us as thei did the Frenchmen in Florida [Ribault's colony] unless wee undertake the business much more thoroughly and roundely then hitherto wee have donne.[11]

[November 12, 1612.] I got a view of his [Zuñiga's] dispatch [by bribing some Spanish official, of course]. The chief matters were ... that there was no cause to apprehend so much danger in Virginia ... that he held it not unlikely the Business might sinke of itselfe, since it was maynteyned but by these shifts, which could last but for a yeare or two....

[For some months after the above, however, Digby sends frequent warnings of a Spanish expedition which he thinks is preparing against Virginia (Brown, Genesis, 603, 609, 623); but May 13, 1613, he writes again to James I:]

... theire resolution is not to stirre therein until they shall be better informed ... they are yet in a greate hope that the businesse will fall of itselfe. [Cf. other letters to the same effect, May 22, May 26, Aug. 15, in Brown's Genesis, 634, 635, 656.]

FOOTNOTES:

[5] See explanation of this form on page 44.

[6] Observe that this important section of the charter is sandwiched in between two sections which ought not to have been separated.

[7] Here follow the names of 659 persons and 56 gilds. The lists would fill some ten pages. It includes 21 of the greatest lords in England, 96 knights and some 90 other country gentlemen, 53 "captains," and a number of "sadlers," "drapers," "grocers," etc., with some professional men and others not classified. Fifty of the incorporators were members of the existing parliament, and fifty more were members of Parliament at one time or another. Among the 659 incorporators were Robert Cecil (the minister of Elizabeth and of James), the Earl of Southampton (Shakspere's friend), Sir Oliver Cromwell (uncle to the great Oliver), Francis Bacon, Richard Hakluyt, George Calvert (afterward Lord Baltimore), and Sir Edwin Sandys, soon to be the great Puritan leader in Parliament.

[8] Hannis Taylor (in his English Constitution, I, 21), in a passage abounding in blunders, regards this Council as made up of Virginians and exercising local self-government. Unhappily there are other instances of the same error in standard works.

[9] England in the seventeenth century still used the "Old Style" dates, instead of the "New" or Gregorian Style. The year began March 25, instead of January 1, and all dates between these two (from January 1 to March 25) were then given in the year previous to the one in which our "New Style" puts them. Moreover, the New Style moved all dates forward ten days. Therefore March 12, 1611, as the charter was dated at the time, means to us March 22, 1612.

[10] A long report upon the state of Virginia, its geography and resources, by an Irishman in Spanish pay, is given in Brown's Genesis, I, 393-399.

[11] For more such exhortation and warning from Digby, see Brown's Genesis, 539, 588, 592-3, 787.

IV. THE LIBERAL LONDON COMPANY AND SELF-GOVERNMENT IN VIRGINIA (1619-1624)

23. From the Rules of the Virginia Company in London

Peter Force's Historical Tracts, III (Washington, 1844), No. 6.

These rules, one hundred thirty-two in number, and bulky enough to fill fifty pages of this volume, were adopted by the London Company shortly after it came under Liberal control, in June, 1619. For the history of the struggle in the Company, cf. a brief statement in American History and Government, § 27.

XV.—At the great and generall Court, commonly called the Quarter Court, in Easter Terme, all offices of this Company (excepting the Counseil) shall be void: And the Court shall proceede to an election of new Officers, in manner following.

XVII.—After the choise of a Treasuror, a Deputie shall be chosen; then the Auditors, and Comitties; and lastly the Secretarie, Bookekeeper, Husband, and Bedle.

XVIII.—At the choise of each Officer, the persons nominated for the election, shall withdraw themselves till the party chosen be publiquely so pronounced. And generally no man shall be present in the Court whilst himselfe or his matter passeth the judgement of the Court.

XX.—It is for weighty reasons thought very expedient, that no man continue in the place of Treasurer or Deputie, above three yeares at once.

XXI.—For the avoiding of divers inconveniences, It is thought fit that all elections of principall Officers in or for[12] Virginia as also of the Treasurer and Deputie here, be performed by a Ballating box, as in some other Companies.

XXVI.—He [the Treasurer] is to propound and put all things to the question which the Court requires, under paine of being immediately put from his Office, if he refuse. In which case the Deputie shall doo it, under the like paine. And if he refuse, then any of the Council there present.

LXXXIX.—Every man speaking in Court, shall addresse his speech to the Treasuror, or deputie in his absence, as representing the Court: And all private speeches, or directed to particular persons, shall be forborne.

XCI.—No man with his speech shall interrupt the speech of another, before he have finished: Except the Treasurer, or in his absence the Deputie, (with approbation of the Court) see cause to put any to silence, for impertinency, or other unseemely speaking.

XCIV.—Whosoever shall attempt by private solicitation to packe the Court to any unjust or unlawfull end, shall, upon complaint, be convented before the Counseil, and, being convicted, shall be disfranchized.

CI.—All principal Officers in [for] Virginia, namely the Governour, Lieutenant Governour, Admirall, Marshal, chiefe Justice, and Treasuror, shall be chosen here by Ballating in a Quarter-Court.

CII.—The Counseil established in Virginia, and all other Officers there reserved to the choise of the Companie here, shall be chosen in a Quarter-Court by onely erection of hands; unlesse the Court desire to have it passe by Ballating.

[The frequent reference to the ballot in these rules is a sufficient answer to an absurd claim that the English colonies had to learn that device from Holland. Cf. American History and Government, § 77. The use of the ballot is referred to frequently in the Company's Records, in accounts of elections under these rules, as in Records, I, 315, 368, 385, 440, 468, 471, 474, 489; II, 28, 29, 154, 536, 537.]

24. An Order of the London Company as to Self-government February 2/12, 1619/20

Records of the Virginia Company in London (edited by Susan Kingsbury; Washington, 1906), I, 303.

This order, to provide for temporary self-government in new colonies under the jurisdiction of the Company, was adopted on the same day that the Company made four grants of land to companies expecting to settle in "Virginia." One of these grants was to John Pierce and his Associates. Pierce was one of the London partners of the Mayflower Pilgrims. The order below may therefore have suggested to the Pilgrims the Mayflower Compact (No. 52 below).

It was ordered by generall Consent that such Captaines or Leaders of Perticulerr Plantacions that shall goe there to inhabite ... in Virginia, shall have liberty, till a forme of Goverment bee here settled for them, Associatinge unto them divers of the gravest and discreetes of their companies, to make Orders, Ordinances, and Constitucions for the better orderinge and dyrectinge of their Servants and buisines, Provided they be not Repugnant to the Lawes of England.

25. The First Representative Assembly in America July 30/August 9, 1619

Stith and Hening (Nos. 16, 17), those early and zealous explorers in Virginian records, both believed that no record of this great Assembly was extant. George Bancroft, however, found a copy in the London Record Office, in 1856, and published it in the New York Historical Society Collections of 1857. A somewhat more critical text was published in 1874 by Wynne and Gilman, in their thin volume of Colonial Records of Virginia. The record was made by John Twine, Clerk of the Assembly. It is printed here almost in full.

A reporte of the manner of proceeding in the General assembly convented at James citty in Virginia, July 30, 1619, consisting of the Governo^r, the Counsell of Estate and two Burgesses elected out of eache Incorporation and Plantation, and being dissolved the 4^th of August next ensuing.

First. Sir George Yeardley, Knight, Governo^r and Captaine general of Virginia, having sente his sumons all over the Country, as well to invite those of the Counsell of Estate that were absente as also for the election of Burgesses, there were chosen and appeared

For James citty
Captaine William Powell,
Ensigne William Spense.

For Charles citty
Samuel Sharpe,
Samuel Jordan.

For Martin Brandon—Capt. John Martin's Pla'tation
Mr. Thomas Davis,
Mr. Robert Stacy.

For Smythes hundred
Captain Thomas Graves,
Mr. Walter Shelley.

For Martins hundred
Mr. John Boys,
John Jackson.

For the citty of Henricus
Thomas Dawse,
John Polentine.

For Kiccowatan
Captaine William Tucker,
William Capp.

For Argall's guiffe
Mr. Pawlett,
Mr. Gourgaing.

For Flowerdieu hundred
Ensigne Rossingham,
Mr. Jefferson.

For Captain Lawne's plantation
Captain Christopher Lawne,
Ensigne Washer.

For Captaine Warde's plantation
Captaine Warde,
Lieutenant Gibbes.

The most convenient place we could finde to sitt in was the Quire of the Churche Where Sir George Yeardley, the Governour, being sett down in his accustomed place, those of the Counsel of Estate sate nexte him on both handes, excepte onely the Secretary then appointed Speaker, who sate right before him, John Twine, clerke of the General assembly, being placed nexte the Speaker, and Thomas Pierse, the Sergeant, standing at the barre, to be ready for any Service the Assembly should comaund him. But forasmuche as men's affaires doe little prosper where God's service is neglected, all the Burgesses tooke their places in the Quire till a prayer was said by Mr. Bucke, the Minister, that it would please God to guide and sanctifie all our proceedings to his owne glory and the good of this Plantation. Prayer being ended, to the intente that as we had begun at God Almighty, so we might proceed with awful and due respecte towards the Lieutenant, our most gratious and dread Soveraigne, all the Burgesses were intreatted to retyre themselves into the body of the Churche, which being done, before they were fully admitted, they were called in order and by name, and so every man (none staggering at it) tooke the oathe of Supremacy, and then entred the Assembly....

These obstacles removed, the Speaker, who a long time had bene extreame sickly and therefore not able to passe through long harrangues, delivered in briefe to the whole assembly the occasions of their meeting. Which done, he read unto them the commission for establishing the Counsell of Estate and the general Assembly, wherein their duties were described to the life.

Having thus prepared them, he read over unto them the greate Charter, or commission of priviledges, orders and lawes, sent by Sir George Yeardly out of Englande. Which for the more ease of the Committies, having divided into fower books, he read the former two the same forenoon, for expeditious sake, a second time over, and so they were referred to the persuall of twoe Comitties, which did reciprocally consider of either, and accordingly brought in their opinions. But some men may here objecte to what ende we should presume to referre that to the examination of the Comitties which the Counsell and Company in England had already resolved to be perfect, and did expecte nothing but our assente thereunto? To this we answere that we did it not to the ende to correcte or controll anything therein contained, but onely in case we should finde ought not perfectly squaring with the state of this Colony, or any lawe which did presse or binde too harde, that we might, by waye of humble petition, seeke to have it redressed, especially because this great Charter is to binde us and our heyers for ever....

After dinner the Governor and those that were not of the Comitties sate a seconde time, while the said Comitties were employed in the perusall of those twoe bookes. And whereas the Speaker had propounded fower severall objects for the Assembly to consider on: namely, first, the great charter of orders, lawes, and priviledges; Secondly, which of the instructions given by the Counsel in England to my [Lord De La Warre], Captain Argall, or Sir George Yeardley, might conveniently putt on the habite of lawes; Thirdly, what lawes might issue out of the private conceipte of any of the Burgesses, or any other of the Colony; and lastly, what petitions were fitt to be sente home for England. It pleased the Governour for expedition sake to have the second objecte of the fower to be examined and prepared by himselfe and the Non-Comitties. Wherin after having spente some three howers conference, the twoe Committies brought in their opinions concerning the twoe former bookes, (the second of which beginneth at these words of the Charter: And foreasmuche as our intente is to establish one equall and uniforme kinde of government over all Virginia etc.,) which the whole Assembly, because it was late, deffered to treatt of till the next morning.

Satturday, July 31.—The nexte daye, therefore, out of the opinions of the said Comitties, it was agreed these Petitions ensuing should be framed, to be presented to the Treasurer, Counsel and Company in England....

These petitions thus concluded on, those twoe Comitties broughte me a reporte what they had observed in the two latter bookes, which was nothing else but that the perfection of them was suche as that they could finde nothing therein subject to exception....

At the same time, there remaining no farther scruple in the mindes of the Assembly, touching the said great Charter of lawes, orders and priviledges, the Speaker putt the same to the question, and so it had both the general assent and the applause of the whole assembly, who, as they professed themselves in the first place most submissivily thankfull to almighty god, therefore so they commaunded the Speaker to returne (as nowe he doth) their due and humble thankes to the Treasurer, Counsell and company for so many priviledges and favours, as well in their owne names as in the names of the whole Colony whom they represented.

This being dispatched we fell once more debating of suche instructions given by the Counsell in England to several Governors as might be converted into lawes, the last whereof was the Establishment of the price of Tobacco, namely, of the best at 3 d and the second at 18 d the pounde,...

Sunday, Aug. 1.—Mr. Shelley, one of the Burgesses, deceased.

Munday, Aug. 2.— ..., the Committies appointed to consider what instructions are fitt to be converted into lawes, brought in their opinions, and first of some of the general instructions.

Here begin the lawes drawen out of the Instructions given by his Majesties Counsell of Virginia in England to my lo: la warre [Lord Delaware] Captain Argall and Sir George Yeardley, knight.

By this present Generall Assembly be it enacted, that no injury or oppression be wrought by the Englishe against the Indians whereby the present peace might be disturbed and antient quarrells might be revived....

Against Idleness, Gaming, durunkenes, and excesse in apparell, the Assembly hath enacted as followeth:

First, in detestation of Idlenes be it enacted, that if any men be founde to live as an Idler or renagate, though a freedman, it shalbe lawfull for that Incorporation or Plantation to which he belongeth to appoint him a Mr [Master] to serve for wages, till he shewe apparant signes of amendment.

Against gaming at dice and Cardes be it ordained by this present assembly that the winner or winners shall lose all his or their winninges and both winners and loosers shall forfaicte ten shillings a man, one ten shillings whereof to go to the discoverer, and the rest to charitable and pious uses in the Incorporation where the faulte is comitted.

Against drunkenness be it also decreed that if any private person be found culpable thereof, for the first time he is to be reprooved privately by the Minister, the second time publiquely, the thirde time to lye in boltes 12 howers in the house of the Provost Marshall and to paye his fee, and if he still continue in that vice, to undergo suche severe punishment as the Governor and Counsell of Estate shall thinke fitt to be inflicted on him. [Provision for milder penalty for drunken officials.]

Against excesse in apparell, that every man be cessed in the churche for all publique contributions, if he be unmarried according to his owne apparrell, if he be married according to his owne and his wives, or either of their apparrell....

Be it enacted by this present assembly that for laying a surer foundation of the conversion of the Indians to Christian Religion, eache towne, citty, Borrough, and particular plantation do obtaine unto themselves by just means a certaine number of the natives' children to be educated by them in the true religion and civile course of life—of which children the most towardly boyes in witt and graces of nature to be brought up by them in the first elements of litterature, so to be fitted for the Colledge intended for them, that from thence they may be sente to that worke of conversion.

As touching the business of planting corne this present Assembly doth ordaine that yeare by yeare all and every householder and householders have in store for every servant he or they shall keep, and also for his or their owne persons, whether they have any Servants or no, one spare barrell of corne, to be delivered out yearly, either upon sale or exchange as need shall require. For the neglecte of which duty he shalbe subjecte to the censure of the Governor and Counsell of Estate. Provided alwayes that the first yeare of every newe man this lawe shall not be of force.

About the Plantation of Mulberry trees, be it enacted that every man as he is seatted upon his division, doe for seven years together every yeare plante and maintaine in growte six Mulberry trees at the least, and as many more as he shall thinke conveniente and as his virtue and Industry shall move him to plante, and that all suche persons as shall neglecte the yearly planting and maintaining of that small proportion shalbe subjecte to the censure of the Governour and the Counsell of Estate.

Be it farther enacted as concerning Silke-flaxe, that those men that are upon their division or setled habitation doe this next yeare plante and dresse 100 plantes, which being founde a comedity, may farther be increased. And whosoever do faill in the performance of this shalbe subject to the punishment of the Governour and Counsell of Estate.

For hempe also both Englishe and Indian, and for Englishe flax and Anniseeds, we do require and enjoine all householders of this Colony that have any of those seeds to make tryal thereofe the nexte season.

Moreover be it enacted by this present Assembly, that every householder do yearly plante and maintaine ten vines untill they have attained to the art and experience of dressing a Vineyard either by their owne industry or by the Instruction of some Vigneron ... upon what penalty soever the Governor and Counsell of Estate shall thinke fitt to impose upon the neglecters of this acte.

Be it also enacted that all necessary tradesmen, or so many as need shall require, suche as are come over since the departure of Sir Thomas Dale, or that shall hereafter come, shall worke at their trades for any other man, each one being payde according to the quality of his trade and worke, to be estimated, if he shall not be contented, by the Governor and officers of the place where he worketh.

Be it further ordained by this General Assembly, and we doe by these presents enacte, that all contractes made in England between the owners of lande and their Tenants and Servantes which they shall sende hither, may be caused to be duely performed, and that the offenders be punished as the Governour and Counsell of Estate shall thinke just and convenient.

Be it established also by this present Assembly that no crafty or advantagious means be suffered to putt in practise for the inticing awaye the Tenants or Servants of any particular plantation from the place where they are seatted. And that it shalbe the duty of the Governor and Counsell of Estate most severely to punishe both the seducers and the seduced, and to returne these latter into their former places....

Tuesday, Aug. 3, 1619.— ... Captaine William Powell presented a Petition to the generall Assembly against one Thomas Garnett, a servant of his, not onely for extreame neglect of his business to the great loss and prejudice of the said Captaine, and for openly and impudently abusing his house, ... but also for falsely accusing him to the Governor both of Drunkenes and Thefte, and besides for bringing all his fellow servants to testify on his side, wherein they justly failled him. It was thought fitt by the general assembly (the Governour himselfe giving sentence), that he should stand fower dayes with his eares nayled to the Pillory, viz: Wednesday, Aug 4th, and so likewise Thursday, fryday and Satturday next following, and every of those fower dayes should be publiquely whipped. Now, as touching the neglecte of his worke, what satisfaction ought to be made to his Mr. for that is referred to the Governor and Counsell of Estate.

The same morning the lawes abovewritten, drawen out of the instructions, were read, and one by one thoroughly examined, and then passed once again....

Wednesday Aug. 4th.—This daye (by reason of extream heat, both paste and likely to ensue, and by that meanes of the alteration of the healthes of diverse of the general Assembly) the Governour, who himselfe also was not well, resolved should be the last of this first session; so in the morning the Speaker (as he was required by the Assembly) redd over all the lawes and orders that had formerly passed the house, to give the same yett one reviewe more, and to see whether there were any thing to be amended or that might be excepted againste. This being done, the third sorte of lawes which I am nowe coming to sett downe, were read over [and] thoroughly discussed, which together with the former, did now passe the last and finall consente of the General Assembly.

A third sorte of lawes, suche as may issue out of every man's private conceipte.

... All Ministers in the Colony shall once a year, namely, in the moneth of Marche, bring to the Secretary of Estate a true account of all Christenings, burials and marriages, upon paine, if they faill, to be censured for their negligence by the Governor and Counsell....

No man, without leave of the Governor, shall kill any Neatt Cattle whatsoever, young or olde, especially kine ... upon penalty of forfeiting the value of the beast so killed.

Whosoever shall take any of his neighbors' boates, oares, or canvas, without leave from the owner, shall be held and esteemed as a felon, and so proceeded against.[13]

All ministers shall duly read divine service, and exercise their ministerial function according to the Ecclesiastical lawes and orders of the churche of Englande, and every Sunday in the afternoon shall Catechize suche as are not yet ripe to come to the Com. And whosoever of them shalbe found negligent or faulty in this kinde shalbe subject to the censure of the Governor and Counsell of Estate....

For reformation of swearing, every freeman and Master of a family, after thrice admonition [by church wardens], shall give 5 s ... to the use of the church ... and every servant ... except his Mr discharge the fine, shalbe subject to whipping.

Provided that, the payment of the fine notwithstanding, the said servant shall acknowledge his faulte publiquely in the Churche.

All persons whatsoever upon the Sabaoth daye shall frequente divine service and sermons both forenoon and afternoon, and all suche as beare arms shall bring their pieces, swordes, poulder and shotte. And every one that shall trangresse this lawe shall forfaicte three shillinges a time to the use of the churche, all lawful and necessary impediments excepted. But if a servant in this case shall wilfully neglecte his Mr's commande he shall suffer bodily punishmente.

No maide or woman servant, either now resident in the Colonie or hereafter to come, shall contract herselfe in marriage without either the consente of her parents, or of her Master or Mistress, or of the magistrat and minister of the place both together. And whatsoever minister shall marry or contracte any suche persons without some of the foresaid consentes shalbe subjecte to the severe censure of the Governor and Counsell of Estate.

Here ende the lawes.

... Captain Henry Spellman was called to the barre to answere to certaine misdemeanors ... whereupon the General Assembly, having thoroughly heard and considered his speeches [evidence had been taken and defense put in], did constitute the following order [For exposing the colony to disturbance from the Indians by inciting them to disrespect of the government, Spellman was "degraded of his title of Captaine" and "condemned to performe seven yeares service to the Colony" as an interpreter to the governor.]

[Provision that every male in the colony over 16 years of age shall be taxed "one pound of the best tobacco" for pay to the officers of the Assembly.]

Thirdly, the General Assembly doth humbly beseech the ... Treasurer, Counsell and Company that, albeit it belongeth to them onely to allowe or to abrogate any lawes which we shall here make ... yet that it would please them not to take it in ill parte if these lawes ... do passe currant and be of force till suche time as we may knowe their farther pleasure....

Their last humble suite is that the said Counsell and Company would be pleased, so soon as they shall find it convenient, to make good their promise sett downe at the conclusion of their commission for establishing the Counsel of Estate and the General Assembly, namely that they give us power to allowe or to disallowe of their orders of Courts, as his Majesty hath given them power to allowe or reject our lawes.

In sume, Sir George Yeardley, the Governor, prorogued the said general Assembly till the firste of Marche, which is to fall out this present yeare of 1619 [1620. New Style; cf. note, page 44], and in the mean season dissolved the same.

26. The London Company's "Declaration," June, 1620

Peter Force's Historical Tracts (Washington, 1844), III, No. 5.

Sandys resigned his "Treasurership" at the Court of the Company in May, 1620. The statistics of his report, with an enthusiastic general statement to introduce them, were published soon afterward by the Company as "A Declaration of the State of the Colonie and Affaires in Virginia." Sandys' report is now printed in full in the Records of the Company, edited by Susan Kingsbury (Washington, 1906).

After the many disasters wherewith it pleased Almighty God to suffer the great Enemy of all good Actions to encounter and interrupt this noble Action for the planting of Virginia with the Christian Religion and English people, it having pleased him now, contrarily, of his especiall great grace, so to blesse and prosper our late carefull endeavors ... that [the colony] hath as it were growne to double that height, strength, plenty, and prosperity which it had in former times. ... We have thought it now the peculiar duety of our place ... to Summon, as it were, by a kinde of loving invitement, the whole body of the Noble and other worthy Adventurors, as well to the ... perfecting of this happy worke as to the reaping of the fruit of their great expenses and travailes.

... [And first, to remove the effect of slanders upon Virginia, the Company declares] the Countrey is rich, spacious, and well watered; temperate as for the Climate; very healthfull after men are a little accustomed to it; abounding with all Gods naturall blessings: The Land replenished with the goodliest Woods in the world, and those full of Deere, and other Beasts of sustenance: The Seas and Rivers (whereof many are exceeding faire and navigable) full of excellent Fish, and of all sorts desireable; both Water and Land yeelding Fowle in very great store and variety: In Summe, a Countrey too good for ill people; and wee hope reserved by the providence of God for such as shall apply themselves faithfully to his service and be a strength and honour to our King and Nation....

The rich Furres, Caviary, and Cordage, which we draw from Russia with so great difficulty, are to be had in Virginia, and the parts adjoining, with ease and plenty. The Masts, Planckes, and Boords, the Pitch and Tarre, the Pot-ashes and Sope-ashes, the Hempe and Flax (being the materials of Linnen) which now we fetch from Norway, Denmarke, Poland, and Germany, are there to be had in abundance and great perfection. The Iron, which hath so wasted our English Woods,[14] that it selfe in short time must decay together with them, is to be had in Virginia (where wasting of Woods is a benefit) for all good conditions answerable to the best in the world. The Wines, Fruite, and Salt of France and Spaine, The Silkes of Persia and Italie, will be found also in Virginia, and in no kinde of worth inferior. Wee omit here a multitude of other naturall Commodities, dispersed up and downe the divers parts of the world: of Woods, Rootes, and Berries, for excellent Dyes: Of Plants and other Drugges, for Physicall service: Of sweet Woods, Oyles, and Gummes, for pleasure and other use: Of Cotton-wooll, and Sugar-Canes: all which may there also be had in abundance, with an infinity of other more: And will conclude with these three, Corne, Cattle, and Fish, which are the substance of the foode of man. The Graines of our Countrey doe prosper there very well: Of Wheate they have great plenty: But their Maze, being the naturall Graine of that Countrey, doth farre exceede in pleasantnesse, strength, and fertility. The Cattle which we have transported thither (being now growne neere to five hundred) become much bigger of Body then the breed from which they came: The Horses also more beautifull, and fuller of courage. And such is the extraordinary fertility of that Soyle, that the Does of their Deere yeelde two Fawnes at a birth, and sometimes three. The Fishings at Cape Codd, being within those Limits, will in plenty of Fish be equall to those of Newfound Land, and in goodnesse and greatnesse much superiour. To conclude, it is a Countrey, which nothing but ignorance can thinke ill of, and which no man but of a corrupt minde and ill purpose can defame.

Now touching the present estate of our Colony in that Country, Wee have thought it not unfit thus much briefly to declare. There have beene sent thither this last yeare, and are now presently in going, twelve hundred persons and upward, as particularly appeareth in the note above [below] specified: and there are neere one thousand more remaining of those that were gone before. The men lately sent, have beene most of them choise men, borne and bred up to labour and industry. Out of Devonshire, about an hundred men, brought up to Husbandry. Out of Warickshire and Staffordshire, above one hundred and ten; and out of Sussex about forty; all framed to Iron-workes: the rest dispersedly out of divers Shires of the Realme. There have been also sundry persons of good quality, much commended for sufficiency, industry and honesty, provided and sent to take charge and government of those people. The care likewise that hath beene taken by directions, Instructions, Charters, and Commissions to reduce the people and affaires in Virginia into a regular course, hath beene such and so great that the Colony beginneth now to have the face and fashion of an orderly State, and such as is likely to grow and prosper. The people are all divided into severall Burroughs; each man having the shares of Land due to him set out, to hold and enjoy to him and his Heires. The publique Lands for the Company here, for the Governor there, for the College, and for each particular Burrough, for the Ministers also, and for divers other necessary Officers, are likewise laid out by order, and bounded. The particular Plantations for divers private Societies, are settled in their Seates, being allotted to their content, and each in convenient distance. The rigour of Martiall Law, wherewith before they were governed, is reduced within the limits prescribed by his Majesty; and the laudable forme of Justice and government used in this Realme [is] established and followed as neere as may be. The governour is so restrained to a Counseil joyned with him that hee can doe no wrong to no man who may not have speedy remedy. ...

In summe, they [the colonists] are now so full of alacritie and cheerefulnesse, that, in a late generall Assembly, they have, in the name of the Colony, presented their greatest possible thankes to the Company....

[After enumerating recent grants]

These and other like Planters, having priority of time, will have priority also in choise of the Seat of their Plantations. Seeing therefore the onely matter of retribution to the Adventurors, is by a faire proportion of Land to them and their heires; namely of one hundred acres for every share of twelve pounds and ten shillings, upon a first division; and as much more upon a second, the first being peopled; with fiftie acres for every person (to be doubled in like manner) which at their owne charges they shall transport to inhabit in Virginia before the 24th day of June 1625 [therefore, quite after the fashion of modern land companies, intending "adventurers" are urged to invest promptly, before the choice land is all taken].

Note of the Shipping, Men, and Provisions sent to Virginia, by the Treasurer and Company in the yeere, 1619.

a. Ships.

The Bona Nova, of 200. Tun, sent in August 1619. with 120 persons.

The Duty, of 70. Tun, sent in January 1619. with 51. persons.

The Jonathan, of 350. Tun, sent in February, 1619. with 200. persons.

The Triall, of 200. Tun, sent in February, 1619. with 40. persons, and 60. Kine.

The Faulcon, of 150. Tun, sent in February, 1619. with 36. persons, and 52. Kine, and 4. Mares.

The London Merchant, of 300. Tun, sent in March, 1619, with 200. persons.

The Swan of Barnstable, of 100. Tun, in March, 1619. with 71. persons.

The Bonaventure, of 240. Tun, sent in Aprill, 1620. with 153. persons.

Besides these, sent out by the Treasurer and Company, ther have been sennt outt by particularr adventurers for private Plantations.

The Garland, of 25. Tun, sent in June, 1619, for Mr. John Ferrars Plantation, with 45. persons. Who are yet deteyned in the Summer Islands.

A Ship of Bristoll, of 80. Tun, sent in Septemb. 1619. for Mr. Barkleys Plantation, with 45. persons.

Ther are allso two Ships in providinge to be shortlie gone, for about 300 Personnes more, to be sent by priyvate Adventurers to Virginia.

Summe

Summe of the Persons

1261

Whereof in eight Ships sett out by the Treasurer and Company

871

[The other 390 came in other vessels, not sent by the Company.]

Of these [871], there were sent for Publique and other Pious uses these ensuinge.

Tenants for the governors Land

080

Tenants for the Companies Land

130

Tenants for the Colledge Land

130

Tenants for the Mynisters gleab Land

050

Young Maydens to make wives

090

Boyes to make Apprentises

100

Servants for the Publique

050

Men sent to beare up the Charge of bringinge upp thirty of the Infidles Children in true religion and Civilitie

050

Summe of the Persons for Publique use is

650

[680]

b. Commodities.

The Commodities which these people are dyrected principally to apply (next to their owne necessary mayntenance) are these ensuinge.

Iron, for which are sent 150 persons to sett upp three Iron works; proofe havinge beene made of the extraordinary goodnes of that Ironn.

Cordage....

Pitch and Tarr, Pott Ashes, and Sope Ashes,—for the makinge whereof the Polackers are returned to their workes.

Timber of all sorts, with Masts, Plankes and Boordes for provision of Shippinge, etc.; ther beinge not so good Timber for all uses in any one knowne Countrey whatsoever. And for the ease and encrease of divers of these workes, provision is sent of men and materiales for the settinge upp of Sundry Sawinge Mills.

Silke: for which that Country is exceedinge proper, haveing innumerable store of Mulberie Trees of the best, and some Silke-wormes naturally found upon them [caterpillars?] producing excellent Silke: some whereof is to be seene. For the setting up of which Commoditie, his Majesty hath beene gratiouslie pleased now the second time (the former haveing miscarried) to bestowe uppon the Company plenty of Silke-wormes seed of his owne store, being the best.

Vines: whereof the Countrey yeeldeth naturally greate store, and of sundry sorts: which by Culture wilbe brought to excellent perfection. For the effectinge whereof, divers skillful Vignerons are sent, with store allso from hence of Vine plantes of the best sort.

Salt: which workes haveinge been lately suffered to decay, are now ordered to be sett upp in so great plenty, as not onely to serve the Collony for the present; but as is hoped in short time allso the great Fishinge on those Coastes.

For the followinge, workinge, and perfectinge of these Commodities, all provisions necessary for the present are sent in good aboundance. As likewise the people that goe, are plentifully furnished with Apparell, Beddinge, Victuall for sixe moneths: Implements both for House and labour, Armour, weapons, tooles, and sundry other necessaries. And a supply of Armour, Powder, and many necessary provisions is made for those of the Colonie which were there before; yet without any prejudice to the former Magazine.

c. Gifts.[15]

There have beene given to the Collonie this yeere, by Devoute Persons, these guifts ensuinge.

Two Persons, unknowne, have given faire Plate and other rich Ornaments for two Communion Tables; whereof one for the Colledge, and the other for the Church of Mistress Mary Robinson's foundinge: who in the former yeere by her Will gave 200. pounds towards the foundinge of a Church in Virginia.

Another unknowne person[16] (together with a goodly letter) hath lately sent to the Treasurer 550. pounds in gold, for the bringing up of Children of the Infidels: first in the Knowledge of God and true Religion; and next, in fitt Trades whereby honestly to live.

Master Nicolas Ferrar deceased, hath by his Will given 300. pounds to the College in Virginia, to be paid, when there shall be ten of the Infidels children placed in it. And in the meane time foure and twenty pounds by yeere, to be distributed unto three discreet and Godlie men in the Colony, which shall honestly bring up three of the Infidels children in Christian Religion, and some good course to live by.

An unnamed person sent to the Treasurer the summe of ten pounds, for advancing the Plantation.[17]

27. The Ordinance of 1621 for Virginia

Stith's History of Virginia, App. IV; Hening's Statutes, I, 110 ff.

The Records of the Virginia Assembly of 1619 (see No. 25 above) show that the London Company had given to the settlers a "great charter." No copy of it exists; but apparently its political features were repeated in this document, issued by the Company July 24/Aug. 3, 1621, on the appointment of a new governor. This great Ordinance has sometimes been called, mistakenly, The First Charter to the Virginian Colonists. It is the second such charter. Cf. American History and Government, § 30.

An Ordinance and Constitution of the Treasurer, Council, and Company in England, for a Council of State and General Assembly.

I.—To all People, to whom these Presents shall come, be seen, or heard, The Treasurer, Council, and Company of Adventurers and Planters for the city of London for the first Colony of Virginia send Greeting. Know ye, that we, the said Treasurer, Council, and Company, taking into our Consideration the present State of the said Colony of Virginia, and intending, by the Divine Assistance, to settle such a Form of Government there, as may be to the greatest Benefit and Comfort of the People, and whereby all Injustice, Grievances, and Oppression may be prevented and kept off as much as possible from the said Colony, have thought fit to make our Entrance, by ordering and establishing such Supreme Councils as may not only be assisting to the Governor for the time being, in the Administration of Justice, and the Executing of other Duties to this Office belonging, but also, by their vigilant Care and and Prudence, may provide as well for a Remedy of all Inconveniences, growing from time to time, as also for the advancing of Increase, Strength, Stability, and Prosperity of the said Colony:

II.—We therefore, the said Treasurer, Council, and Company, by Authority directed to us from his Majesty under the Great Seal [section xiii of the Second Charter; p. 40 above], upon Mature Deliberation, do hereby order and declare, that, from hence forward, there shall be Two Supreme Councils in Virginia, for the better Government of the said Colony aforesaid.

III.—The one of which Councils, to be called The Council of State (and whose Office shall chiefly be assisting, with their Care, Advice, and Circumspection, to the said Governor) shall be chosen, nominated, placed, and displaced, from time to time, by Us, the said Treasurer, Council, and Company, and our Successors: Which Council of State shall consist, for the present, only of these persons, as are here inserted, viz. Sir Francis Wyat, Governor of Virginia, Captain Francis West, Sir George Yeardley, Knight, Sir William Neuce, Knight Marshal of Virginia, Mr. George Sandys, Treasurer, Mr. George Thorpe, Deputy of the College, Captain Thomas Neuce, Deputy for the Company, Mr. Pawlet, Mr. Leech, Captain Nathaniel Powel, Mr. Christopher Davison, Secretary, Dr. Pots, Physician to the Company, Mr. Roger Smith, Mr. John Berkeley, Mr. John Rolfe, Mr. Ralph Hamer, Mr. John Pountis, Mr. Michael Lapworth, Mr. Harwood, Mr. Samuel Macock. Which said Counsellors and Council we earnestly pray and desire, and in his Majesty's Name strictly charge and command, that (all Factions, Partialities, and sinister Respect laid aside) they bend their Care and Endeavours to assist the said Governor; first and principally, in the Advancement of the Honour and Service of God, and the Enlargement of his Kingdom amongst the Heathen People; and next, in erecting of the said Colony in due Obedience to his Majesty, and all lawful Authority from his Majesty's Directions; and lastly, in maintaining the said People in Justice and Christian Conversation amongst themselves, and in Strength and Ability to withstand their Enemies. And this Council to be always, or for the most Part, residing about or near the Governor.

IV.—The other Council, more generally to be called by the Governor once Yearly, and no oftener but for very extraordinary and important Occasions, shall consist, for the present, of the said Council of State, and of two Burgesses out of every Town, Hundred, or other particular Plantation, to be respectively chosen by the Inhabitants: Which Council shall be called The General Assembly, wherein (as also in the said Council of State) all Matters shall be decided, determined, and ordered, by the greater Part of the Voices then present; reserving to the Governor always a Negative Voice. And this General Assembly shall have free Power to treat, consult, and conclude, as well of all emergent Occasions concerning the Publick Weal of the said Colony and every Part thereof, as also to make, ordain, and enact such general Laws and Orders for the Behoof of the said Colony, and the good Government thereof, as shall, from time to time, appear necessary or requisite;

V.—Whereas in all other Things, we require the said General Assembly, as also the said Council of State, to imitate and follow the Policy of the Form of Government, Laws, Customs, and Manner of Trial, and other Administration of Justice, used in the Realm of England, as near as may be, even as ourselves, by his Majesty's Letters Patent are required.

VI.—Provided, that no Law or Ordinance, made in the said General Assembly, shall be or continue in Force or Validity, unless the same shall be solemnly ratified and confirmed in a General Quarter Court of the said Company here in England, and so ratified, be returned to them under our Seal; It being our Intent to afford the like Measure also unto the said Colony, that after the Government of the said Colony shall once have been well framed, and settled accordingly, which is to be done by Us, as by Authority derived from his Majesty, and the same shall have been so by us declared, no Orders of Court afterwards shall bind the said Colony, unless they be ratified in like Manner in the General Assemblies[18]....

28. Royal Attempts to Control the Company, 1620-1622

Records of the Virginia Company, I and II, under dates given. These Records were first published in full in 1908 by the Government Printing Office at Washington. For a brief outline of the history, with references to some other source material, cf. American History and Government, § 32.

(1) A Quarter Courte held for Virginia at Mr Ferrars in St Sithes Lane the 17th of May 1620.

Present—[The list includes 172 names with the addenda "and many others." The first eight named were Lords; the next thirty, knights.]

Uppon request of some of the generallytie itt was ordered that frome hence forth before the Company proceed to the choyce of their Officers the Chapter or title of election [i.e., the company's rules regarding elections] shall allwaies be red before.

Imeadiately after, and before they proceeded in any buisines, one mr Kerkham agent, sent from the King, presented himselfe to the boord and signified to the Courte that his Majestie, understandinge of the Eleccion of their Treasuror, which they intended this day to make choyce of, out of an especiall care and respect hee hath to that Plantacion, hath required him to nominate unto them ffower, outt of which his pleasure is the Company should make choyce of one to be their Treasurer; That was, Sir Thomas Smith, Sir Thomas Roe, Mr. Alderman Johnson, and Mr. Maurice Abbott, and noe other.

These buisines beinge thus ordered mr Treasurer accordinge to the standing Lawes of the Company before the giveinge upp of his place proceeded to declare unto this Courte the State of the Colony together with the Supplies of this yeare, and the present State of the Treasury, how both hee found itt and now should leave itt. [See No. 26 above.]

Lastly hee concluded with his respective thanks, first to the Company in generall for their love in chosinge him, and then particularly to the Lords for their so frequent presence to the graceinge of the Courte and great assistance in the buisines; to the Officers for their faythfull joyninge with him in the supportinge of his burthen; and againe to the Courte in generall for their patience in bearringe with his unwillinge errors and other naturall infirmities. So deliveringe upp his Office togeather with the Sealls, hee desyred the Courte to proceed in Eleccion of their Treasuror, accordinge to the message lately receaved from his Majesty: and theruppon withdrew himselfe out of the Courte.

Uppon which this great and generall Courte found themselves uppon a deliberate consideracion of the matter att an exceedinge pinch: for if they should not doe as the Kinge had commaunded they might incurre suspicion of defect in poynte of duety,—from which they protested they were and would be free; on the other side, if they should proceed accordinge to the lymitts of that message they suffered a greate breach into their Prevyledge of free Eleccion graunted to them by his Majestys letters Pattents, which they held fitt rather to lay downe with all dutie and submission att his Majesties ffeet then to be depryved of their pryveledge. And theruppon perusing the said letters Pattents, after longe arguinge and debatinge, itt was concluded by generall ereccion of hands, that the eleccion might and should be adjourned to the next Quarter Courte notwithstanding any order made by the Company to the contrarie.

Wheruppon forasmuch as itt manyfestly appeared that his Majestie hadd beene much misinformed of the menaginge of their buisines this last yeare, Itt was agreed accordinge to the opynion aforesaide that the day of Eleccon should be putt of till the next generall Courte some six weeks hence in Midsomer Tearme, and till they understood the Kings farther pleasure, And in the intrym they humbly entreated the Right Honorable the Lord of Southampton, Vyscount Doncaster, The Lord Cavendish, the Lord Sheffield, Sir John Davers, Sir Nicholas Tufton, Sir Lawrence Hide, mr Christopher Brook, mr Gibbes, mr Herbert, mr Keightley, and mr Cranmer to meet uppon ffryday morninge att Southampton house to determine of an humble answere unto his Majesties message and to deliver to him a true informaccon as well of the former as of this latter years government of the buisines for Virginia, beseechinge allso that his Majestie would be pleased not to take from them the Pryveledge of their letters Pattents, butt that itt might be in their owne choyce to have free eleccion.

Uppon which, till his Majesties pleasure were knowne, Sir Edwin Sandys, after much and ernest refusall, att length uppon ernest request of the whole Courte hee yeilded to sett down in his former place, yett forbearinge to receave the Seales againe or to putt any thinge to Question; and all other Officers were likewise continued till the same time.

(2) A Great and Generall Quarter Courte helde in the afternoone at Mr. Ferrars House. 28th July 1620.

The Earle of Southampton acquainted this Courte that himselfe with the rest of the Lords and gentlemen requested therunto by the last Quarter Courte had presented their humble desires unto his Majestie for the free eleceon of their Treasurer, wherunto his Majestie had most gratiously condiscented, signyfyinge unto them that it would be pleasinge to him they made choyce of such a one as might att all times and occasions have free accesse unto his royall personn. And further declaringe that itt was the mistakinge of the messenger, haveinge not receaved his message imeadiately from his owne royall mouth, to exclud them from the libertie of choosinge any butt the fower nominated, whom his Majesties intent was indeed to recommend butt not so as to barr the Company from the choyse of any other.

Wheruppon the wholl Courte rendred to his Majestie all humble thanks and ordered that by writinge itt should be signified unto his Majestie:

Then mr Herbert delivered unto the Company that wheras by some distractions and discentions in the Company the buisines much suffered in the reputaccon and otherwise, they should now think uppon some Person of such worth and authoritie as might give full remedie therunto, which since itt could not be performed by the late Treasurer a man of that greate habilitie and sufficiencie together with his industrie and integritie as of his ranke ther could not be found any to passe him, there was now lefte noe hope except itt might please some of those Honorable personages [Lords] then present to vouchsaffe to accept of the place, who by adiccon of Nobilitie might effect that which others by meere habillytie could not doe.

Which moccon beinge exceedinglie approved, the whole Courte imeadiately with much joy and applause nominated the Earle of Southampton, with much ernestnes beseechinge his Lordship that for the redeeminge of this Noble Plantaccon and Company from the ruines that seemed to hange over itt hee would vouchsaffe to accept of the place of Treasurer.

Which itt pleased him after some finale pause in fine to doe in very noble manner out of the worthie love and affeccon that hee bare to the Plantaccon. And the Courte in testimoniall of their bounden thankfullnes and of the great honoure and respect they ought him, did resolve to surcease the ballatinge box; and without nominaccon of any other, by ereccon of hands, his Lordship was chosen Treasurer and tooke his Oath. Which done, his Lordship desyred the Company that they would all putt on the same myndes with which hee hadd accepted that place.

(3) At a great and generall Quarter Courte held for Virginia in the Afternoone the 22 of May 1622.

Imediately after these things were thus ordered, as the Court were proceedinge after their accustomed manner to the eleccon of their Treasurer Deputy and other Officers for this present yeare accordinge to the direccon of his Majesties Letters Patents, mr Alderman Hamersly rose upp and havinge first excused his seldome comminge to Courts by reason of the Officers negligent warninge of him, he said That himselfe and mr Bell were both commaunded by mr Secretary Calvert to deliver a Message in his Majesties name unto this Court, namely to signifie, that although it was not his Majesties desire to infringe their liberty of free elleccon yet it would be pleasing unto him, if they made choise for Treasuror and Deputy any of those gentlemen (commended for their Sufficiency), whose names were mencioned in the paper nowe presented in open Court which were these that followe vizt. [The names of five gentlemen nominated by the King for Treasurer, and five more for Deputy.]...

Mr Bell, beinge also entreated to deliver the Message he had receaved from mr Secretary Calvert, said that he was not present when mr Secretary Calvert imparted this Message to mr Alderman Hamersley, but that there came a Messenger to him over night to require him to attend mr Secretary Calvert at his Chamber; and beinge there, mr Secretary told him that his Majestie commaunded him to signifie his pleasure that out of his good wishes (for the good of the Company and the Plantation) he had recommended to this Court certaine Gentlemen (named in the paper nowe presented) if the Company so thought good: But it was not his meaning to infringe the liberty of their free choise; And beinge desirous to have had his Message in writinge, mr Secretary said it needed not for it was but short.

Both which Messages agreeing in substance, and beinge a full remonstrance of his Majesties well wishing unto the Plantation and of his graceous meaninge not to infringe the priviledge of the Companie and liberty of their free eleccon, was receaved with great love and contentment of the whole Court; and therupon proceedinge to the eleccon of their Treasuror (for which onely three by the orders of the Company could stand). It was generally agreed that out of the five formerly proposed by his Majestie for Treasuror, choise should be made of two of them to stand in eleccon with one that the Companie should name: Wherupon the former five beinge severally put to the question, it appeared by ereccon of most hands that mr Clethero and mr Hanford were to stand for it: Then the Companie named the Lord of Southampton; who beinge all three accordingly ballated, the place fell to the Lord of Southampton by havinge 117 balls, mr Clethero 13 and mr Hanford 7. In like manner out of the five formerly named by his Majestie for Deputy, by ereccion of most hands, mr Leat and mr Bateman were to stand for it; unto whome the Companie havinge added mr Nicholas ffarrer, they were all three put to the Ballatinge Boxe, and thereupon choise was made of mr Nicholas ffarar by havinge 103, mr Bateman 10: and mr Leate 5.

Itt beinge moved that there might be some presentaccon of the Companies humble thankfullnes unto his Majestie in respect of the graceous Message formerly delivered, after some deliberaccon had thereuppon, the Court conceaved it fitt to be sett downe in these words (vizt) That the Lord Cavendish the Lord Padgett, the Lord Haughton are humbly requested by the Court to present their most humble thanks to his Majestie for his graceous remembrance and good wishes to their affaires out of which he was graceously pleased to recommend certaine persons for Treasuror and Deputy if they so thought fitt, but without any infringement of their liberty of free eleccon; and they were further humbly requested to signify and testifie unto his Majestie the great respect and reverence wherewith his message was receaved and howe in conformity thereunto, although they had formerly accordinge to their custome in their Praeparative Court nominated the Earle of Southampton for Treasuror, yet out of the persons recommended by his Majestie they choose fower who had most voices and put them in eleccon with two nominated by the Company,—upon whom the places were conferred by an unanimous consent of the Company, havinge founde the Plantation to prosper every of these three last yeares more then in ten before, and [more] found to have bin donn with Ten thousand pounds, then formerly with fower score thousand....

[The language of the Records, of course, is decorous and courtly; but the student ought to be able to see a certain grim humor along with the steadfast determination not to permit royal usurpation. The Ferrars' Papers report that, when this last communication was delivered to the King, he "flung away in a furious passion,"—not unnaturally. Some of the other episodes in this connection told in those papers are given in American History and Government.]

FOOTNOTES:

[12] This means for, not in; cf. Rule CI.

[13] Water was the only means of travel and trade. To steal a boat was equivalent to horse-stealing in a cow-boy country today. "Felony" was punishable by death.

[14] Wood was the fuel then used to smelt iron ore.

[15] This part of the appendix to the Declaration is taken from Sir Edwin Sandys' report in May, and his wording is followed here (Records, I, 353, 354). It is plain that such gifts were made because the Company had the character of a foreign missionary society.

[16] This person in his letter to the Company signs himself "Dust and Ashes," and, in a later communication, "D. & A."

[17] The entry in the Records of the Company (I, 335) speaks of this gift "for some good uses in Virginia."

In 1622, "a person not willinge as yet to be knowne" sent £25 "to helpe forward the 'East India' Schoole." I count up twelve entries of such gifts in three years' Records. In 1623 the Company reported that in the past four years there had been contributed "towards the forwardinge of this glorious Worke, ... presents to the value of fifteen hundred pounds, by zealous and devoute Persons, most of them refusing to be named."

[18] Such a promise in the preceding "great charter" is plainly referred to in the "last humble suite" of the Assembly of 1619; see p. 63 above.

V. A ROYAL PROVINCE

(Representative Government in Danger)

29. The Royal Commission of 1624 for the First Royal Governor in Virginia

Hazard's State Papers (1792), I, 189 ff. The first part of the extract here given presents King James' view of recent troubles with the Virginia Company.

... And whereas Wee, out of our zeal and affection to the furthering of the said Plantations, having still a watchfull and carefull eye to the same, and finding the courses taken for the setling thereof, had not taken the good effect which Wee intended and so much desired, did, by our Commission lately graunted to certaine Persons of Qualitie and Trust, cause the state of the said country of Virginia be to examined how it stood, as well in point of livelihood as government; ... to the end, yf good cause were, Wee might by our royall hand, supply what should be defective. And whereas our Commissioners, after much care and paines expended in execution of our said Commissions, did certifie us, that our Subjects and People sent to inhabite there, and to plant themselves in that country, were most of them by God's visitations, sickness of bodie, famine, and by massacres of them by the native savages of the land, dead and deceased, and those that were living of them lived in necessitie and want, and in danger by the Savages: but the Country, for any thing appeared to the said Commissioners to the contrary, they conceaved to be fruitfull and healthfull after our People had been some time there; and that if industry were used it would produce divers good and staple Commodities, though in the sixteene years government past, it had yealded fewe or none; ... and that yf our first graunt herein mentioned, and our most prudent and princely instructions given in the beginning of the Plantation, for the direction of the affaires thereof ... had bin pursued, much better effect had bin produced than had bin by the alteration thereof, into soe popular [democratic] a course ...: Whereupon Wee entring into mature and deliberate consideration of the premisses, did, by the advise of the Lords of our Privie Counsell, resolve, by altering the Charters of the said Company, as to the point of government wherein the same might be found defective, to settle such a course as might best secure the safetie of the People there, and cause the said Plantation to flourish, and yet with the preservation of the interest of every Planter or Adventurer, soe far forth as their present interests shall not prejudice the publique Plantations; But because the said Treasurer and Company did not submitt their Charters to be reformed, our proceedings therein were stayed for a tyme, untill, uppon a Quo Warranto ... by due course of Lawe, the said charters were avoyded; [And whereas the King intends to prepare another charter, and in the interval, by a commission of July 15, 1629, has established a supervising council in England for the Colony (composed of members of the Privy Council), now, according to advice from this council] ... untill some other constant ... course be resolved upon ... Knowe yee ... that Wee reposing assured trust and confidence in the understanding, care, fidelitie, experience, and circumspection of you, ... Sir Francis Wyatt, Francis West, Sir George Yardeley, George Sandys, Roger Smith, Ralph Hamor, John Martin, John Harvy, Samuell Mathews, Abraham Perrey, Isaacke Madison, and William Clayborne, have nominated and assigned, and do hereby nomynate and assigne you the said Sir Francis Wyatt, to bee the present Governor, and you the said Francis West, Sir George Yardeley, and the rest before mentioned, to be our present Councell of and for the said Colonye and Plantation in Virginia: Giving and granting unto you, and the greater nomber of you, by theis presents respectively, full power and authoritie to performe and execute the places, powers, and authorities incident to a Governor and Councell in Virginia, respectively, and to direct and governe, correct and punish our Subjects nowe inhabiting or being, or which hereafter shall inhabite or be in Virginia, or in any the Isles, portes, havens, creaks, or territories thereof, either in tyme of peace or warre, and to order and direct the affaires touching or concerning that Colonie or Plantation in those forraigne partes onely;[19] and [to] doe, execute and performe all and every other matters and things concerning that Plantation, as fullye and amplye as any Governor and Councell resident there, at any tyme within the space of five yeares now last past ... Nevertheless, our will and pleasure is, that yee proceed therein according to such instructions as yee, or such of you as have bene heretofore of our Councell there, have received, or according to such instructions as you shall hereafter receave from Us, or our Commissioners here. ... And lastly, our will and pleasure is, that this our commission shall continue in force untill such tyme as Wee by some other writing under our Signett, privie Seale, or greate Seale, shall signify our pleasure to the contrary....

30. Yeardley's Commission from Charles I, March 4/14, 1624/5

Hazard's State Papers (1792), I, 230-234. This commission, so far as concerns the powers of the governor, followed the commission given in No. 29 above. Cf. American History and Government, § 34.

[The King, Charles I,] reposing assured Truste and Confidence in the Understanding, Care, Fidelitie, Experience, and Circumspection of you the said Sir George Yardeley, Francis West, John Hervey, George Sandys, John Pott, Roger Smith, Ralph Hamor, Samuell Matthews, Abraham Percey, William Clayborne, William Tacker, Jabes Whitacres, Edward Blaney, and William Farrar, have nominated and assigned ... you the said Sir George Yardeley, to be the present Governour, and you the said John Harvey, and the rest before mentioned to be the present Councell of and for the said Collony and Plantation in Virginia, giveing ... unto you full Power and authority to performe and execute the Places, Powers, and Authorities incident to a Governour and Councell of Virginia respectively; and to direct and governe, correct and punish our Subjects ... in Virginia, eyther in tyme of Peace or Warr; and to order and direct the Affaires touching or concerneing that Collony or Plantation in those forreigne parts only; and to execute and performe all and every other Matters and Things concerneing that Plantation, as fully and amply as any Governour and Councell resident there, at anie time within the Space of Five Years now last past, had or might performe or execute: ...

[Observe that there is no reference to the Assembly in this document or in the preceding one.]

31. The Colony favors the Policy of the Company

a. The Assembly enacts a precautionary "Bill of Rights," March, 1624

Hening's Statutes at Large, being a Collection of the Laws of Virginia (1823). Cf. American History and Government, § 34.

It had become apparent that the King was about to destroy the Company and take over the colony. This Assembly enacted some thirty brief statues. Three are of interest in this connection.

8.—That the Governor shall not lay any taxes or ympositions upon the colony their lands or comodities other way than by the authority of the General Assembly, to be levyed and ymployed as the said Assembly shall appoynt.[20]

9.—The governor shall not withdraw the inhabitants from their private labors to any service of his own upon any colour whatsoever; and in case the publick service require yimployments of many hands before the holding a General Assemblie to give order for the same, in that case the levying of men shall be done by order of the governor and whole body of the counsell, and that in such sorte as to be least burthensome to the people and most free from partiality.

11.—That no burgesses of the General Assembly shall be arrested during the time of the assembly, a week before and a week after, upon pain of the creditors forfeiture of his debt and such punishment upon the officer as the court shall award.[21]

b. Requests for Aid (and, indirectly, for an Assembly)

(1) Letter from Governor and Council to the Special Commission mentioned in No. 29 above.

Aspinwall Papers, in Massachusetts Historical Society Collections, 4th series, IX, 74-81. About a third of the letter is given here.

Right Honorable,—....

Nothing hath bine longe more earnestly desired then the setling of the affaires of the Collony, as well for the government as other wayes, neither could ther have bine a greater incouragement to the Planter then to understand it to bee his Majesties gratious pleasure that no person of whom they have heretofore justlie complayned should have any hand in the government, either here or their [in Virginia or in England]. And wee humbly desire your Lordshipps to solicitt his Majestie (if it bee not alreadie done) for the speedie accomplishment thereof, the rather because the Governors necessary occasions require his present retourne [to England].

His Majesties gratious assurance that every man shall have his perticuler right preserved and inlarged, with Addicion of reasonable imunities, wilbe a singular meanes of inviting many people hither, and setling themselves here....

Those greate important workes of suppressing the Indians, discoveries by sea and land, and Fortificacion against a forren enemy, that they may be thoroughly and effectually performed, will require no less numbers then Five hundred soldiers, to bee yearely sent over, for Certaine yeares, with a full yeares provision of Victuall, aparrell, armes, Munition, tooles, and all necessaries, to which Worthie designes the Collony wilbe alwayes readie to yeald ther best furtherance and assistance, as they have bine very forward since the Massacre, notwithstanding ther great losse then sustayned. And wee Conceive soe great expence, will have the better successe, if the ordering therof be refered to the Governor and Counsell here residing, with the advise (in speciall Cases) of the Generall Assembly. Both Concerning this, and alother things which may Conduce to the setling of the Plantacion, wee have formerly given your Lordshipps Advertisement, in the generall Assemblies answere to the ffowre propositions propounded by your Lordshipps to the Commissioners sent hither, and wee doubt not but Sir George Yardly hath given your Lordshipps full information of all things necessary....

Your Lordshipps very humble Servants,

Francis Wyatt.
Francis West.
Raphe Hamor.
Roger Smith.
Abraham Persey.
William Claybourne.

James Cittie the 6th. of Aprill, 1626.

(2) The Same to the Same, May 17, 1626.

Virginia Magazine of History, II, 50-55. An abstract is printed in the Colonial State Papers.

But the groundwork of all is, that their bee a sufficient publique stock to goe through with soe greate a worke, which wee cannot compute to bee lesse then £20,000 a yeare, certaine for some yeares; for by itt must be mainetained the governer and counsell and other officers here, the forrest wonne and stockt with cattle, fortifications raysed, a running armye mainetayned, discoveries made by Sea and land, and all other things requisitt in soe mainefould a business. And because [of the difficulty of administering such sums wisely from England], wee humbly desire that a good proporcion thereof may bee whollie att the disposall of the governer, Counsell, and generall Assembly in Virginia....

32. Royal Restoration of the Virginia Assembly, 1629

a. Harvey's Propositions Touching Virginia (without date; 1629)

Virginia Magazine of History, VII, 369.

For explanation, see American History and Government, § 34. Sir John Harvey had been appointed governor a few months before, with a commission which made no mention of an Assembly. The extract is No. 2 of the seven "propositions" submitted by him to King Charles.

2. That his Ma[jes]tie wilbe pleased gratiously to extend his favour to the planters, for a new confirmation of their lands and goods by charter under the great seale of England, and therein to authorize the Lords to consider what is fitt to be done for the ratifying of the privileges formerly granted, and holding of a general assembly, to be called by the Governor upon necessary occasions, therein to propound laws and orders for the good government of the people; and for that it is most reasonable that his ma[jes]ties subjects should be governed only by such laws as shall have their originall from his ma[jes]ties royall approbation, it be therefore so ordered that those laws, so there made, only stand as propositions, until his ma[jes]tie shalbe pleased, under his great seal or privy seal, or by the Lords of his noble privy council, to ratify the same.

b. Certaine Answeres (by Charles I) to Capt. Harveye's Proposicons Touching Virginia

Virginia Magazine of History, VII, 370.

2. The sett[l]ing of Lands and goods and privileges is to be done here, and may be done by calling in the former books and charters at a convenient time. But the governor may be authorized shortly after his first coming into Virginia to call a grand assembly and there to set down an establishment of the Government, and ordaine laws and orders for the good thereof, and those to send hither to receive allowance [i.e., to be ratified]; and such as shall be soe allowed to be returned thither under the great seal and put in execution, the same to be temporary and changeable at his ma[jes]ties pleasure, signified under the like great seal.

[This is the formal restoration of the Virginia Assembly. The meeting in 1628 had been with special sanction for that particular occasion.]

c. Assembly Authorized in a Governor's Instructions, 1641

Virginia Magazine of History, II, 281 ff.

These instructions in the matter of the Assembly are said to have been given in the same form to Wyatt in 1639,—the governor who came between Harvey and Berkeley. For the significance of these papers, see American History and Government, §§ 34-35.

Instructions to Sir Wm. Berkeley, Knt., Governor of Virginia

4. That you and the Councillors as formerly once a year or oftener if urgent occasion shall require, Do summon the Burgesses of all and singler Plantations there, which together with the Governor and Councill makes the Grand Assembly, and shall have Power to make Acts and Laws for the Government of that Plantation, correspondent, as near as may be, to the Laws of England, in which assembly the Governor is to have a negative voice, as formerly.

33. Legislation by the Virginia Assembly as to Morals and Taxes

Hening's Statutes at Large (1823).

(1) [March, 1623/4.]

19.—The proclamations for swearing and drunkenness sett out by the governor and counsell are confirmed by this Assembly;—and it is further ordered that the churchwardens shall be sworne to present them to the commanders of every plantation and that the forfeitures shall be collected by them to be for publique uses.

33.—That for defraying of such publique debts our troubles have brought upon us. There shall be levied 10 pounds of tobacco upon every male head above sixteen years of adge now living (not including such as arrived since the beginning of July last).

(2) [October, 1629.]

Act VI.—It is further concluded and ordered that every master of a family, and every freeman that is to pay five pounds of tobacco per pol as aforesaid for the defraying of publique charges, shall bring the same unto the Houses of the Burgesses of the plantations within two dayes after notice thereof given unto them. And if any shall faile to bring in the same, it is thought fitt that by virtue of this order the said Burgesses shall have power to levy the same by distresse, upon the goods of the delinquents, and to make sale of the said goods, and to detaine such tobacco which shall be due by this order, and for their ffees in making this distresse, restoring to the owner of the said goods the residue and remainder. And if the Burgesses shall make neglecte herein they shall be fined by the governour and Council.

(3) [February, 1631/2.]

Act XI.—Mynisters shall not give themselves to excesse in drinkinge, or riott, spendinge theire tyme idellye by day or night, playinge at dice, cards, or any other unlawfull game; but at all tymes convenient they shall heare or reade somewhat of the holy scriptures, or shall occupie themselves with some other honest study or exercise, alwayes doinge the thinges which shall apperteyne to honesty, and endeavour to profitt the church of God, alwayes haveinge in mynd that they ought to excell all others in puritie of life, and should be examples to the people to live well and christianlie.

(4) [March, 1643.]

Act XXXV.—Be it also enacted and confirmed, for the better observation of the Sabbath, that no person or persons shall take a voyage[22] upon the same, except it be to church, or for other cause of extreme necessitie, upon the penalty of the forfeiture for such offense of twenty pounds of tobacco, being justly convicted for the same.

(5) [October, 1644.]

Act VIII.—Noe debts made for wines or strong waters shall be pleadable or recoverable in any court of justice.[23]

FOOTNOTES:

[19] The English Council, previously named, remained in supreme charge in England.

[20] This law was reënacted in the same words in 1632 and 1642.

[21] This immunity is copied from that of members of the English Parliament for some centuries preceding.

[22] Travel was mainly by water. To "take a voyage" was equivalent to "make a journey."

[23] This finds its modern parallel in our custom that prevents the collection of gambling debts by legal process.

VI. THE ASSEMBLY DURING THE COMMONWEALTH

34. Virginia and the Parliamentary Commissioners, 1652

Hening's Statutes, I, 363 ff.

Cf. American History and Government, § 337, for the supremacy of the Assembly during the Commonwealth.

Articles agreed on and concluded at James Cittie in Virginia for the surrendering and settling of that plantation under the obedience and government of the Common Wealth of England, by the commissioners of the Councill of State, by authoritie of the Parliament of England, and by the Grand Assembly of the Governour, Councill, and Burgesses of that countrey.

First. It is agreed and consented that the plantation of Virginia, and all the inhabitants thereof, shall be and remaine in due obedience and subjection to the common wealth of England, according to the lawes there established. And that this submission and subscription bee acknowledged a voluntary act, not forced nor constrained by a conquest upon the countrey. And that they shall have and enjoy such freedomes and priviledges as belong to the free borne people of England, and that the former government by the commissioners and instructions be void and null.

2dly.—Secondly, that the Grand Assembly, as formerly, shall convene and transact the affairs of Virginia, wherein nothing is to be acted or done contrarie to the government of the common wealth of England and the lawes there established.

3dly.—That there shall be a full and totall remission and indempnitie of all acts, words, or writings done or spoken against the parliament of England in relation to the same.

4thly.—That Virginia shall have and enjoy the antient bounds and lymitts granted by the charters of the former Kings. And that we shall seek a new charter from the parliament to that purpose against any that have intrencht upon the rights thereof.[24]

5thly.—That all the pattents of land granted under the collony seale, by any of the precedent Governours, shall be and remaine in their full force and strength.

7thly.—That the people of Virginia have free trade, as the people of England do enjoy, to all places and with all nations according to the lawes of that common-wealth, and that Virginia shall enjoy all priviledges equall with any English plantations in America.

8thly.—That Virginia shall be free from all taxes, customes, and impositions whatsoever, and none to be imposed on them without the consent of the Grand Assembly, and soe that neither ffortes nor castles bee erected or garrisons maintained without their consent.

10thly.—That for the future settlement of the countrey in their due obedience, the engagement shall be tendred to all the inhabitants according to act of parliament made to that purpose; that all persons who shall refuse to subscribe the said engagement, shall have a yeares time if they please to remove themselves and their estates out of Virginia, and in the meantime during the said yeare to have equall justice as formerly.

11thly.—That the use of the booke of common prayer shall be permitted for one yeare ensueinge with reference to the consent of the major part of the parishes, Provided that things which relate to kingshipp or that government be not used publiquely; and the continuance of ministers in their places, they not misdemeaning themselves: And the payment of their accustomed dues and agreements made with them respectively shall be left as they now stand dureing this ensueing yeare.

16thly.—That the comissioners for the parliament subscribing these articles engage themselves and the honour of the parliament for the full performance thereof: And that the present Governour and the Councill and the Burgesses do likewise subscribe and engage the whole collony on their parts.

35. The Franchise Restricted and Restored, 1655, 1656

Hening's Statutes at Large. Cf. American History and Government, § 103 and note.

(1) [March, 1654/5.]

Act VII.—Be it enacted by this present Grand Assembly ... That the 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 2^[s.] 6^[d.] sterling or the value thereof, and for the second offence 5^[s.] sterling or the value thereof, and for the third offence and soe for every time he shall offend in like manner afterwards, 10^[s.] 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.

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.)

Of the 110 members of the Company in England, only about one fourth ever came to America. Cradock himself never came,—though he had lands and servants here. Most of the members, who stayed in England, lost all their investment eventually. Indeed, in the summer of 1629, the Company was already in serious financial straits. A special inventory, in the fall, rated the stock at only one third the face value. This condition may have inclined some stockholders to favor Cradock's proposition in July. The funds paid in for stock by Winthrop and other new members made it possible for old members to draw out (on this reduced scale). In this sense, the new members "bought" out some of the old ones.

4.—No place of meeting is suggested in the charter. This probably resulted from the fact that the Company was made up partly of Londoners, partly of Dorchester men (from the West of England; cf. American History and Government, § 57). All such previous colonizing corporations for America had been designated geographically (probably for convenient descriptions, rather than for limitation). But the "Council of Plymouth in the County of Devon" had never held a meeting at Plymouth: its records show that all its meetings were held at London. This fact may have helped to make the even more composite Massachusetts Company wary about having a place of meeting mentioned in their fundamental law. If John Winthrop is right in his statement of fifteen years later (above) that such a limitation was at first put into this document and that "with much difficulty we got it abscinded," then we may be sure that the Company desired that elision, not in order that they might hold meetings in America (as Winthrop afterward assumed), but to prevent their being hampered in England. This view is made practically certain when we observe the clause regarding place of meeting in the charter of the Providence Isle Company (below). That company certainly never expected to hold its meetings out of England, but it guards against being hampered, not by mere silence, but by express provision that it may meet where it likes.]

54. Docket of the Massachusetts Charter, 1629

When the king granted a charter, an exact copy, known as "the King's Bill," was presented to him, with a docket, or abstract, approved by his Attorney-General. This docket was what the king, or his council, read.

The following docket, now attached to the King's Bill of this charter in the London Record Office, is printed in the Massachusetts Historical Society Proceedings for 1869-1870, pages 172-173. The italics are used in this reproduction to call attention to important matters.

May it please your most Excellent Majestie.

Whereas your Majesties most deare and royall father did, by his letteres Patents in the 18th yeare of his raigne, incorporate divers noblemen and others by the name of the Councell for the planting of New England in America and did thereby grant unto them all that part of America which lyeth betweene 40 degrees of Northerly latitude and 48 inclusive,—with divers priviledges and immunities. ... Which said Councell have sithence by theire Charter in March last [1628] granted a part of that Continent to Sir Henrie Rosewell and others, their heires and associates, for ever, with all jurisdiccions, rightes, priviledges, and commodities of the same.

This Bill conteineth your Majesties confirmacion and Grant to the said Sir Henry Rosewell and his partners and their Associates and to their heires and assignes for ever of the said part of New England in America, with the like tenure in socage and reservacion of the fifth part of gould and silver oare,—Incorporating them also by the name of the Governor and Company of the Mattachusetts Bay in New England in America,—with such clauses for the electing of Governors and Officers here in England for the said Company, and powers to make lawes and Ordinances for setling the Governement and Magistracie of the plantacion there, and with such exempcions from Customes and Imposicions and some [such?] other privilledges as were originallie granted to the Councell aforesaid and are usuallie allowed to Corporacions in England.

And is done by direccion from the Lord Keeper upon your Majesties pleasure therein signified to his Lordship by Sir Ralph Freeman.

(Signed)

Ri. Shilton.

55. Excursus: For a Comparative Study of Charters

Notes upon the Charter for the Company of Westminster for the Plantation of the Island of Providence

December 4/14, 1630

This very important charter has never been printed. An abstract in the Colonial State Papers seemed so significant that the editor of this volume secured a complete transcript of the charter from the manuscript in the British Record Office. On that transcript, the notes below are based.

The colony of Providence Isle was of little weight, and the charter of the proprietary Company, accordingly, has received scant attention. That document, however, issued twenty-one months later than that of the Massachusetts Bay Company, is in many ways the culmination of the series of grants to English corporations for colonizing purposes. All the powers granted to proprietaries in earlier charters, including those which were dropped out in the Massachusetts charter, reappear here; and in some important matters there is much new detail. A study of this document removes the last possible basis for the claims of the older New England historians that the Massachusetts charter was in any peculiar way adapted to the purpose of a transfer to America.

1. Puritan membership.—The incorporators comprise the Earl of Warwick, Lord Say and Sele, Sir Nathaniel Rich, Oliver St. Johns, and John Pym,—all prominent leaders of the Puritan party, more prominent than any Puritans in the Massachusetts Company.

2. Sectarianism.—The Company is given the "Patronages and Advowsons" of "all" churches and chapells,—without even a restriction as to the customs of the Church of England (such as is found in the Baltimore charter). If this provision had been in the Massachusetts charter, Puritan historians would have found it certain proof of an intention to build a non-conformist state. The passage conferring authority to impose the oath of supremacy is copied from the charters of 1612 and 1629. No other sectarian restriction occurs.

3. Place of meeting.—The Company are to govern themselves and their settlement (as the Virginia Company of 1612 and the Massachusetts Bay Company) in four "General Courts" each year; but these courts are to be held "in any place or places by themselves to be appointed." (And, again, the Company is authorized to hold its courts "in any place or places convenient"). Surely, this disposes of the ancient argument that the omission of a specific place of meeting in the Massachusetts charter suggests an intention to establish some place out of England.

The facts as to a specific meeting place for a colonizing corporation in England seem to be as follows:

a. The charter of 1606 establishes two sub-companies, which necessarily are designated geographically to distinguish one from the other; and the charters of 1609, 1612, and 1620 use geographical designations, necessarily, to show to which one of those sub-companies they respectively apply.

b. But the "Plymouth Council" (charter of 1620) did not regard its geographical designation as fixing its place of meeting, or else it found it necessary to ignore the restriction. All its meetings were held, not at Plymouth, but in London.

c. The Massachusetts Bay Company was made up of two bodies of men, one from the east, one from the west of England. This fact, together with the experience of the Plymouth Council, probably made them unwilling to have a place of meeting fixed in their charter.

d. The Providence Isle charter carries this development, as suggested above, to its logical conclusion, permitting the Company itself to fix the places for its meetings. But this last Company certainly never expected to leave England. So the old argument from the omission of a specific place in the charter of the Massachusetts Company falls to the ground.

4. Law making.—In the General Courts the Company is empowered "to ordaine frames of Government, with all things thereto incident; and to make reasonable lawes ... not being contrarie to the Lawes of this our Realme of England ... for the Government of the Company ... and of all Collonyes which shall be planted ... in the said Islands ... and to appoint, by such title as they ... shall thinke good, such ... offices and officers ... for such Times and with such powers, as they shall thinke good, both for the Company here within our Realme of England and for the Collonies in the said Islands ... and the said Offices and Officers ... to alter ... and displace, and in their places, to appoint others ... and the said Lawes ... to put into execution."...

5. Admiralty jurisdiction conferred.

6. Local Government. Power to divide the territory into "Provinces, Counties ... Hundreds, Mannors," or other units, and to erect and fortify villages, etc., and to grant letters of incorporation to towns and burroughs, "with all Liberties and things unto Corporations requisite and usual within this our Realme of England"; and to set up markets; and to constitute and appoint magistrates and all manner of officers for all local units, with fit legislation for them.

7. Power of punishment to extend to "life and members," with authority to exercise martial law.

8. Right to settle restricted to those having a license from the Company.

9. Rights of Englishmen guaranteed to settlers and their posterity.

10. Company to coin money (not gold or silver).

11. Repetition of the usual privileges granted in earlier charters, and a "blanket clause" promising the Company "all such Prerogatives," etc., as have ever been granted to any colonizing Company in England.

56. The Massachusetts Company's Agreement with Mr. Higginson

Alexander Young's Chronicles of Massachusetts (1846), 209 ff. Young modernized the spelling. On March 19, at a meeting of the Company, it had been decided to try to secure Higginson for the coming voyage.

A true note of the allowance that the New-England [Massachusetts Bay] Company have, by common consent and order of their Court and Council, granted unto Mr. Francis Higginson, Minister, for his maintenance in New-England, April 8, 1629.

1.—Imprimis, that 30 pounds in money shall be forthwith paid him by the Company's treasurer towards the charges of fitting himself with apparel and other necessaries for his voyage.

2.—Item, that 10 pounds more shall be paid over by the said treasurer towards the providing of books for present use.

3.—Item, that he shall have 30 pounds yearly paid him for three years, to begin from the time of his first arrival in New-England, and so to be accounted and paid him at the end of every year.

4.—Item, that during the said time, the Company shall provide for him and his family necessaries of diet, housing and firewood, and shall be at charges of transporting him into New-England; and at the end of the said three years, if he shall not like to continue there any longer, to be at the charge of transporting him back for England.

5.—Item, that in convenient time a house shall be built, and certain lands allotted thereunto; which, during his stay in the country, and continuance in the ministry, shall be for his use; and after his death or removal, the same to be for succeeding ministers.

6.—Item, at the expiration of the said three years, a hundred acres of land shall be assigned to him and his heirs forever.

7.—Item, that in case he shall depart this life in that country, the said Company shall take care for his widow during her widowhood and abode in that country and Plantation; and the like for his children whilst they remain upon the said Plantation.

8.—Item, that the milk of two kine shall be appointed towards the charges of diet for him and his family as aforesaid, and half the increase of calves during the said three years; but the said two kine, and the other half of the increase, to return to the Company at the end of the said three years.

9.—Item, that he shall have liberty of carrying over bedding, linen, brass, iron, pewter, of his own, for his necessary use during the said time.

10.—Item, that if he continue seven years upon the said Plantation, that then a hundred acres of land more shall be allotted him for him and his forever....

Further,[36] though it was not mentioned in the Agreement, but forgotten, Mr. Higginson was promised a man-servant, to take care and look to his things, and to catch him fish and fowl, and provide other things needful, and also two maid-servants, to look to his family.

57. First Government in Massachusetts Bay under the Company in England; April, 1629

Records of the Governor and Company of Massachusetts Bay (1853; edited by Nathaniel Shurtleff), I, 361 ff.

The early records were kept very informally,—more so than would pass with a high school debating society today. This particular entry is placed by the editor far out of its chronological order, preserved as it was on a loose sheet of manuscript. Previous to the transfer of the Company to America, the records as printed would fill about one hundred pages of this volume.

A generall Court, holden at London, the 30th Day of Aprill, 1629, by the Governor and Company of the Mattachusetts Bay in New England.

Whereas the Kings most excellent Majesty hath bin gratiously pleased to erect and establish us, by his lettres pattents, under the great seale of England, to bee a body corporate, entytuled the Governor and Company of the Mattachusetts Bay in New England, and therby hath endowed us with many large and ample priviledges and immunities, with power to make good and wholsome lawes, and ordinances for the better maintenance and support of the said priviledges and for the better and more orderly and regular government, to bee observed in the prosecucion and propagacion of our intended voyages and the plantacion there, authorising us to nominate and appoint and select fitt persons amoungst ourselves for the managing, ordering, and governing of our affaires, both in England and in the places speyed and graunted unto us by vertue of his majestys said charter, wee have, in the prosecucion of the said power and authoritie given us ... thought fitt to settle and establish an absolute government at our plantacion in the said Mattachusetts Bay in New England, which, by the vote and consent of a full and ample Court now assembled, is ... ordered as followeth, viz.:—

That thirteene of such as shalbe reputed the most wyse, honest, expert, and discreete persons resident upon the said plantacion, shall from tyme to tyme, and at all tyme hereafter, have the sole managing and ordering of the government and our affaires there, who, to the best of their judgments, are to endeavor soe to settle the same as may make most to the glory of God, the furtherance and advancement of this hopeful plantacion, the comfort, encouragement, and future benefitt of us and others, the beginners and prosecutors of this soe laudable a worke. The said 13 persons soe appointed to bee entytled by the name of the Governor and Councell of Londons Plantacion in the Mattachusetts Bay in New England.

And having taken into due consideracion the meritt, worth, and good desert of Captain John Endecott, and others lately gone over from hence with purpose to resyde and continue there, wee have, with full consent and authoritie of this Court, and by ereccion of hands, chosen and elected the said Captain John Endecott to the place of present Governor in our said plantacion.

Also, by the same power, and with the like full and free consent, wee have chosen and elected Mr. Francis Higgeson, Mr. Samuel Skelton, Mr. Francis Bright, Mr. John Browne, Mr. Samuel Browne, Mr. Thomas Graves, and Mr. Samuell Sharpe, these seaven, to bee of the said councell, and doe hereby give power and authoritie to the said Governor and those seaven to make choice of 3 others, such as they, or the greater nomber of them, in their discrecions, shall esteeme and conceive most fitt thereunto, to bee also of the said councell.

And to the end that the former planters there may have noe just occasion of excepcion, as being excluded out of the priviledges of the Company, this Court are content, and doe order, by ereccion of hands, that such of the said former planters as are willing to live within the lymitts of our plantacion shalbe enabled, and are hereby authorized, to make choice of 2 such as they shall thinke fitt, to supply and make upp the nomber of 12 of the said councell, one of which 12 is, by the Governor and councell, or the major part of them, to bee chosen Deputie to the Governor for the tyme being....

It is further concluded on and ordered by this Court, that the said Governor, Deputie, and councell, before named, soe chosen and established in their severall places, shall continue and bee confirmed therin for the space of one whole yeare from and after the taking the oath, or untill such time as this Court shall thinke fitt to make choice of any others to succeed in the place or places of them or any of them....

And it is further agreed on and ordered, that the Governor for the tyme beeing shall have power, and is heereby authorized, to call courts and meetings in places and at tymes convenyent, as to his discrecion shall seeme meete, which power is also conferred upon the Deputie in the absence of the said Governor; and the said Governor or Deputie, togeather with the said councell, being chosen and assembled as aforesaid, and having taken their oaths respectively to their severall places, they, or the greater nomber of them, whereof the Governor or Deputie to bee always one, are authorized by this act, grounded on the power derived from his majestys charter, to make, ordaine, and establish all manner of wholsome and reasonable lawes, orders, ordinances and constitucions, (soe as the same bee noe way repugnant or contrary to the lawes of the realme of England) for the administring of justice upon malefactors, and inflicting condigne punishment upon all other offendors, and for the furtherance and propagating of the said plantacion, and the more decent and orderly government of the inhabitants resydent there.

[This establishment of a subordinate government in Massachusetts corresponds to the government in Virginia in 1614, perhaps,—before the Virginia Company granted self-government to the settlement. There is no hint, here, be it noted, that this arrangement was soon to be superseded by the transfer of the English Company itself to America. Ten meetings are recorded between the one when these orders were taken and the one (next given here) in which that suggestion first appears.]

FOOTNOTES:

[32] White gets the order of events wrong here. Endicott came before the charter was secured.

[33] This grant included the territory granted by the New England Council to Gorges in 1623. This was due, no doubt, to geographical ignorance. Ferdinando Gorges ("Briefe Narration," in Mass. Hist. Soc. Coll., Third Series, V, 80), after explaining how the new Company came to ask for a grant from the New England Council, adds: "to which it pleased the thrice honored Lord of Warwick to write to me [from London], then at Plymouth, to condescend that a Patent might be granted. ... Whereupon I gave my approbation so far forth as it might not be prejudicial to my son Robert Gorges' interests, whereof he had a patent." Gorges always felt that the grant to the Massachusetts Bay Company had worked a great injustice to his family. Cf. American History and Government, §§ 57, note, 61.

[34] The very obscure sentence of Sir Ferdinando Gorges, written even later than Winthrop's one sentence, carries a like implication; but it contains such gross errors of chronology about external events that it can carry no weight at all as to motives of his adversaries (Mass. Hist. Society Collections, Third Series, VI, 80).

[35] Curiously, even Osgood, almost infallible in colonial history, refers only to Winthrop's sentence (with justifiable caution, to be sure), without any reference to the contrary evidence in the Records.

[36] This item is added by Higginson in his written acceptance of the above terms.

XII. THE COLONY BECOMES A PURITAN ENTERPRISE

58. Decision to Transfer the Charter to the Colony

a. First Official Proposition to Transfer the Charter to America

Records of the Governor and Company of Massachusetts Bay, I, 47-51.

A Generall Court, holden for the Company of the Mattachusetts Bay, in New England, at Mr. Deputies House, on Tewsday, the 28 of July, 1629.

• Present,
• Mr. Matthew Cradock, Governor,
• Mr. Thomas Goff, Deputie,
• Mr. George Harwood, Treasurer,
• Mr. Thomas Adams,
• Mr. Nathaniell Wright,
• Mr. Theophilus Eaton,
• Mr. Richard Perry,
• Mr. Joseph Bradshawe,
• Mr. Burnell,
• Mr. Rivet,
• Mr. Daniel Ballard,
• Mr. Spurstowe,
• Mr. Increase Noell,
• Mr. Symon Whetcombe,
• Mr. John Pococke,
• Mr. Colson,
• Mr. Hutchins,
• Mr. William Pinchon,
• Mr. Samuel Vassail, Assistants,
• Mr. Thomas Hewson,
• Mr. Woodgate,
• Mr. Web,
• Mr. Crane, Generalitie.

... [A long meeting with much business]

And lastly, Mr. Governor read certaine proposicions conceived by himselfe, viz, that for the advancement of the plantacion, the inducing and encouraging persons of worth and qualitie to transplant themselves and famylyes thether,[37] and for other weighty reasons therein contained, to transferr the government of the plantacion to those that shall inhabite there, and not to continue the same in subordinacion to the Company heer, as it now is. This business occasioned some debate; but by reason of the many great and considerable consequences therupon depending, it was not now resolved upon; but those present are desired privately and seriously to consider hereof, and to sett down their particular reasons in wryting, pro and contra, and to produce the same at the next Generall Court, where, they being reduced to heads and maturely considered of, the Company may then proceede to a fynall resolucion there [on]; and in the meane tyme they are desired to carry this businesse secretly, that the same bee not divulged.

b. The Cambridge Agreement

Hutchinson's Collection of Original Papers (1769), 25, 26. Cf. American History and Government, §§ 58, 59.

The True Copy of the Agreement at Cambridge, August 26, 1629.

Upon due consideration of the state of the Plantation now in hand for New-England, wherein wee whose names are hereunto subscribed, have engaged ourselves, and have weighed the greatnes of the worke in regard of the consequence, God's glory, and the Churches good; as also in regard of the difficultys and discouragements which in all probabilityes must be forecast upon the execution of this businesse; Considering withall that this whole adventure grows upon the joynt confidence we have in each other's fidelity and resolution herein, so as no man of us would have adventured it without assurance of the rest: Now, for the better encouragement of ourselves and others that shall joyne with us in this action, and to the end that every man may without scruple dispose of his estate and affayres as may best fit his preparation for this voyage; it is fully and faithfully agreed amongst us, and every of us doth hereby freely and sincerely promise and bind himselfe in the word of a christian and in the presence of God, who is the searcher of all hearts, that we will so really endeavour the prosecution of this worke, as by God's assistance, we will be ready in our persons, and with such of our several familyes as are to go with us, and such provision as we are able conveniently to furnish ourselves withall, to embarke for the said Plantation by the first of March next, at such port or ports of this land as shall be agreed upon by the Companie, to the end to passe the seas, (under God's protection,) to inhabite and continue in New-England: Provided always, that, before the last of September next, the whole government, together with the patent for the said Plantation, be first, by an order of Court, legally transferred and established to remain with us and others which shall inhabit upon the said Plantation: and provided also, that if any shall be hindered by such just and inevitable lett or other cause, to be allowed by 3 parts of four of these whose names are hereunto subscribed, then such persons, for such tymes and during such letts, to be discharged of this bond. And we do further promise, every one for himselfe, that shall fayle to be ready through his own default by the day appointed, to pay for every day's default the sum of £3, to the use of the rest of the Companie who shall be ready by the same day and time.

• Richard Saltonstall,
• Thomas Dudley,
• William Vassall,
• Nicholas West,
• Isaac Johnson,
• John Humfrey,
• Thomas Sharpe,
• Increase Nowell,
• John Winthrop,
• William Pinchon,
• Kellam Broune,
• William Colburn.

[Several of these signers did not come to America.]

c. Decision by the Company

Records of the Governor and Company of Massachusetts Bay, I, 49 ff.

(1) A Generall Court, holden at Mr. Deputyes House, the 28 of August, 1629.

[Present: 25 Names given.]

Mr. Deputie acquainted this Court, that the espetiall cause of their meeting was to give answere to divers gentlemen,[38] intending to goe into New England, whether or noe the chiefe government of the plantacion, togeather with the pattent, should bee settled in New England, or heere.

Wherupon it was ordered, that this afternoone Mr. Wright, Mr. Eaton, Mr. Adams, Mr. Spurstowe, and such others as they should thinke fitt to call unto them, whether they were of the Company or not, to consider of arguments against the setling of the chiefe government in New England.

And, on the other syde, Sir Richard Saltonstall, Mr. Johnson, Captain Venn, and such others as they should call unto them, to prepare arguments for the setling of the said government in New England; and that tomorrow morning, being the 29th of August, at 7 of the clock, both sydes should meete and conferr and weigh each others arguments, and afterwards, at 9 of the clock, (which is the tyme appointed of meeting for a General Court,) to make report therof to the whole Company, who then will determine this business.

(2) A General Court, at Mr. Deputyes House, the 29th of August, 1629.

This day the committees which were appointed to meete yesterday in the afternoone to consider of arguments pro and contra touching the setling of the government of the Companyes plantacion in New England, being according to the order of the last Court mett togeather, debated their arguments and reasons on both sydes; where were present many of the Assistants and generalitie; and after a long debate, Mr. Deputie put it to the question, as followeth:

As many of yow as desire to have the pattent and the government of the plantacion to bee transferred to New England, soe as it may bee done legally, hold up your hands: Soe many as will not, hold upp your hands.

Where, by ereccion of hands, it appeared by the generall consent of the Company, that the government and pattent should bee setled in New England, and accordingly an order to bee drawne upp.

[This by no means settled the matter. The question arose as to how to protect the property rights of those stockholders who were to remain in England, and several meetings were devoted to consideration of various plans proposed.]

59. Decision of Puritan Gentlemen to Settle in the Colony[39]

a. Winthrop's Argument for a Puritan Colony

Robert Winthrop's Life and Letters of John Winthrop, I, 309 ff.

This argument is generally ascribed to John Winthrop, and one manuscript of it at least is said to be in his handwriting. The first printed copy was made by Hutchinson in his Collections, but from a different manuscript.

Reasons to be considered for justifieinge the undertakeres of the intended Plantation in New England, and for incouraginge such whose hartes God shall move to joyne with them in it.

1.—It will be a service to the Church of great consequence to carry the Gospell into those parts of the world, to helpe on the comminge of the fullnesse of the Gentiles, and to raise a Bulworke against the Kingdome of Ante Christ which the Jesuites labour to reare up in those parts.

2.—All other churches of Europe are brought to desolation, and our sinnes, for which the Lord beginnes allreaddy to frowne upon us and to cutte us short, doe threatne evill times to be comminge upon us, and whoe knowes but that God hath provided this place to be a refuge for many whome he meanes to save out of the generall callamity; and seeinge the Church hath noe place lefte to flie into but the wildernesse, what better worke can there be, then to goe and provide tabernacles and foode for her against she comes thither:

3.—This Land growes weary of her Inhabitants, soe as man, whoe is the most pretious of all creatures, is here more vile and base then the earth we treade upon, and of less prise among us then an horse or a sheepe: masters are forced by authority to entertaine servants, parents to mainetaine there oune children, all tounes complaine of the burthen of theire poore, though we have taken up many unnessisarie yea unlawfull trades to mainetaine them, and we use the authoritie of the Law to hinder the increase of our people, as by urginge the Statute against Cottages, and inmates; and thus it is come to passe, that children, servants, and neighboures, especially if they be poore, are compted the greatest burthens, which if thinges weare right would be the cheifest earthly blessinges.

4.—The whole earth is the Lords garden and he hath given it to the Sonnes of men with a general Commission: Gen:1:28: "Increace and multiplie, and replenish the earth and subdue it," which was againe renewed to Noah: the end is double and naturall, that man might enjoy the fruits of the earth, and God might have his due glory from the creature: why then should we stand striving here for places of habitation, etc. (many men spending as much labour and coste to recover or keepe sometimes an acre or tuoe of Land, as would procure them many and as good or better in another Countrie) and in the meane time suffer a whole Continent as fruitfull and convenient for the use of man to lie waste without any improvement?

5.—We are groune to that height of Intemperance in all excesse of Riott, as noe mans estate allmost will suffice to keepe saile with his aequalls: and he whoe failes herein, must live in scorne and contempt. Hence it comes that all artes and Trades are carried in that deceiptfull and unrighteous course as it is allmost impossible for a good and upright man to mainetayne his charge and live comfortablie in any of them.

6.—The ffountaines of Learning and Religion are soe corrupted as (besides the unsupportable charge of there education) most children (even the best witts and of fairest hopes) are perverted, corrupted, and utterlie overthroune by the multitude of evill examples and the licentious government of those seminaries, where men straine at knatts and swallowe camells, use all severity for mainetaynance of cappes and other accomplyments, but suffer all ruffianlike fashions and disorder in manners [morals] to passe uncontrolled.

b. Winthrop's Argument for Coming Himself to America

John Winthrop sent the following "Considerations" relating to himself to various friends for their advice. Life and Letters, I, 327.

Particular Considerations in the case of J: W:

1: It is come to that issue as (in all probabilitye) the wellfare of the Plantation dependes upon his goeinge, for divers of the Chiefe Undertakers (upon whom the reste depende) will not goe without him.

2: He acknowledges a satisfactorye callinge, outwarde from those of the Plantation, inwardly by the inclination of his oun hearte to the worke, and bothe approved by godly and juditious Devines (whereof some have the first interest in him), and there is in this the like mediate call from the Kinge, which was to his former imployment.

3: Though his means be sufficient for a comfortable subsistence in a private condition heere, yet the one halfe of them being disposed to his 3: elder sonnes, who are now of age, he cannot live in the same place and callinge with that which remains; his charge being still as great as before, when his means were double: and so if he should refuse this opportunitye, that talent which God hath bestowed upon him for publike service, were like to be buried.

4: His wife and suche of his children, as are come to years of discreation, are voluntarylye disposed to the same Course.

5: Most of his friends (upon the former considerations) doe consent to his change.

c. Decision of John Winthrop, Jr.

John Winthrop, Jr., to his Father

Winthrop's Life and Letters of John Winthrop, I, 306-307.

Sir,—My humble duty remembered to you and my mother....

For the business of New England, I can say no other thing but that I believe confidently, that the whole disposition thereof is of the Lord, who disposeth all alterations, by his blessed will, to his own glory and the good of his; and, therefore, do assure myself, that all things shall work together for the best therein. And for myself, I have seen so much of the vanity of the world, that I esteem no more of the diversities of countries, than as so many inns, whereof the traveller that hath lodged in the best, or in the worst, findeth no difference, when he cometh to his journey's end; and I shall call that my country, where I may most glorify God, and enjoy the presence of my dearest friends. Therefore herein I submit myself to God's will and yours, and, with your leave, do dedicate myself (laying by all desire of other employments whatsoever) to the service of God and the Company herein, with the whole endeavors, both of body and mind.

The CONCLUSIONS, which you sent down, I showed to my uncle and aunt, who liked them well. I think they are unanswerable; and it cannot but be a prosperous action, which is so well allowed by the judgments of God's prophets, undertaken by so religious and wise worthies of Israel, and indented to God's glory in so special a service.

... So, desiring your prayers and blessing, I commend you to the Almighty's protection, and rest

Your obedient son,
John Winthrop.

London, August 21, 1629.

d. News from New England, 1629

Higginson's Relation is the name under which his New-England's Plantation is commonly quoted. Apparently he sent back the manuscript in the early fall (September, presumably) of 1629, some four months after his arrival. The little book was printed in London in 1630, but before that time it (together with earlier letters) had had much influence in leading to the main Puritan migration. The selections below are taken from Young's Chronicles of Massachusetts, where the spelling is modernized.

The fertility of the soil is to be admired at, as appeareth in the abundance of grass that groweth everywhere, both very thick, very long, and very high in divers places. But it groweth very wildly, with a great stalk, and a broad and ranker blade, because it hath never been eaten with cattle, nor mowed with a scythe, and seldom trampled on by foot. It is scarce to be believed how our kine and goats, horses and hogs do thrive and prosper here, and like well of this country.

In our Plantation we have already a quart of milk for a penny. But the abundant increase of corn proves this country to be a wonderment. Thirty, forty, fifty, sixty, are ordinary here. Yea, Joseph's increase in Egypt is outstripped here with us. Our planters hope to have more than a hundredfold this year. And all this while I am within compass; what will you say of two hundred fold, and upwards? It is almost incredible what great gain some of our English planters have had by our Indian corn. Credible persons have assured me, and the party himself avouched the truth of it to me, that of the setting of thirteen gallons of corn he hath had increase of it fifty-two hogsheads, every hogshead holding seven bushels of London measure, and every bushel was by him sold and trusted to the Indians for so much beaver as was worth eighteen shillings; and so of this thirteen gallons of corn, which was worth six shillings eight pence, he made about 327 pounds of it the year following, as by reckoning will appear; where you may see how God blesseth husbandry in this land. There is not such great and plentiful ears of corn I suppose any where else to be found but in this country, being also of variety of colors, as red, blue, and yellow, etc.; and of one corn there springeth four or five hundred. I have sent you many ears of divers colors, that you might see the truth of it.

Little children here, by setting of corn, may earn much more than their own maintenance.

The temper of the air of New-England is one special thing that commends this place. Experience doth manifest that there is hardly a more healthful place to be found in the world that agreeth better with our English bodies. Many that have been weak and sickly in Old England, by coming hither have been thoroughly healed, and grown healthful and strong. For here is an extraordinary clear and dry air; that is of a most healing nature to all such as are of cold, melancholy, phlegmatic, rheumatic temper of body ... and therefore I think it is wise course for all cold complexions to come to take physic in New-England; for a sup of New-England's air is better than a whole draught of Old England's ale.

60. Early Attitude of the Puritan Colony to the Church of England

It is certain that the Puritans did not expect, at first, to separate so far and so definitely from the Church of England as they very soon did separate. On this, cf. American History and Government, § 82, and observe also, besides a and b below, passages in No. 52, close, and No. 62 c, close.

a. Winthrop's Farewell Letter to the Church of England

April 7/17, 1630

Hutchinson's Massachusetts Bay, Appendix I (1769). About two thirds the letter is here reproduced. Winthrop is supposed to be the author.

THE HUMBLE REQUEST of his Majesties Loyall Subjects, the Governour and the Company late gone for New England; for the obtaining of their Prayers, and the Removall of Suspicions and Misconstructions of their Intentions.

... And howsoever your Charitie may have met with some Occasion of Discouragement through the Misreport of our Intentions, or through the Disaffection or Indiscretion of some of us, or rather amongst us: for we are not of those who dreame of Perfection in this World; yet wee desire you would be pleased to take Notice of the Principals and Body of our Company, as those who esteeme it our honour to call the Church of England, from whence wee rise, our deare Mother; and cannot part from our native Countrie, where she specially resideth, without much Sadness of Heart, and many Tears in our Eyes, ever acknowledging that such Hope and Part as we have obtained in the common Salvation, we have received in her Bosome, and suckt it from her Breasts: wee leave it not therefore as loathing that milk wherewith we were nourished there, but blessing God for the Parentage and Education, [and] as Members of the same Body, [we] shall alwaies rejoice in her Good, and unfeignedly grieve for any Sorrow shall ever betide her, and while we have Breath, sincerely desire and indeavour the Continuance and Abundance of her Welfare, with the Inlargement of her Bounds in the Kingdome of Christ Jesus.

Be pleased therefore, Reverend Fathers and Brethren, to helpe forward the Worke now in Hand; which if it prosper, you shall be the more glorious. [A fervent request for prayers.]...

What Goodness you shall extend to us in this or any other Christian Kindnesse, wee, your Brethren in Christ Jesus, shall labor to repay ... promising, so farre as God shall enable us, to give him no Rest on your Behalfes, wishing our Heads and Hearts may be Fountains of Tears for your everlasting Welfare, when we shall bee in our poor Cottages in the Wildernesse ... And so commending you to the Grace of God in Christ, wee shall ever rest,

Your assured Friends and Brethren,

From Yarmouth, aboard
the Arabella, April 7, 1630.

John Winthrop, Gov. [and six other signatures].

b. Opinion of Captain John Smith, 1630

Smith's Works (Birmingham edition), 926, 958.

The following passages come from the introduction to Smith's "Pathway to the Inexperienced," his last pamphlet, written in 1631, to support the Massachusetts Bay Colony. Smith wrote at the home of a brother of John Winthrop's first wife, and seems to have been well acquainted with the Puritan leaders.

Pardon me if I offend in loving that [which] I have cherished truly, by the losse of my prime fortunes, meanes, and youth. If it over-glad me to see Industry her selfe adventure now to make use of my aged ende[a]vours, not by such (I hope) as rumour doth report, a many of discontented Brounists, Anabaptists, Papists, Puritans, Separatists, and such factious Humorists: for no such they will suffer among them, if knowne, as many of the chiefe of then (John Winthrop etc.) have assured mee; and the much conferences I have had with many of them, doth confidently perswade me to write thus much in their behalfe. ...

They have ... God's true Religion (they say) taught amongst themselves, the Sabbath day observed, the common Prayer (as I understand) and Sermons performed, and diligent catechising ... and commendable good orders to bring those people [natives] with whom they have to deale ... into a Christian conversation ... which done, in time, ... may grow a good addition to the Church of England.

[Smith evidently had some doubts on the matter, as his parenthetical expressions show. But he had confidence enough to dedicate this booklet to the two Archbishops of Canterbury and York.]

61. Political Principles of the Puritans

From John Calvin's Institutes (1559; translation of 1813, III, 517-551).

a. [Attempt to justify a union of church and state]

III.—Nor let anyone think it strange that I refer to human polity the due maintenance of religion ... I do not allow men to make laws respecting religion and the worship of God ... though I approve of civil government which provides that the true religion, ... contained in the law of God, be not violated and poluted.

b. [Of the parts of government and the supremacy of magistrates]

These are three. The Magistrate, who is the guardian and conservator of the laws: The Laws, according to which he governs: The People, who are governed by the laws, and obey the magistrate....

IV.—The Lord hath not only testified that the function of magistrates has his approbation and acceptance, but hath eminently commended it to us, by dignifying it with the most honourable titles. ... This is just as if it had been affirmed, that the authority possessed by kings and other governors over all things upon earth is not a consequence of the perverseness of men, but of the providence and holy ordinance of God....

VII.—Those who are not restrained by so many testimonies of Scripture, but still dare to stigmatize this sacred ministry [magistrates] as a thing incompatible with religion and Christian piety, do they not offer an insult to God himself, who cannot but be involved in the reproach cast upon his ministry? And in fact they do not reject magistrates, but they reject God, "that he should not reign over them."...

VIII.—And for private men, who have no authority to deliberate on the regulation of any public affairs, it would surely be a vain occupation to dispute which would be the best form of government in the place where they live. ... Indeed if these three forms of government, which are stated by philosophers [Monarchy, Aristocracy, and Democracy], be considered in themselves, I shall by no means deny, that either aristocracy or a mixture of aristocracy and democracy far excell all others; and that indeed not of itself, but because it very rarely happens that kings regulate themselves so that their will is never at variance with justice and rectitude; or in the next place, that they are indued with such penetration and prudence, as in all cases to discover what is best. The vice or imperfection of men therefore renders it safer and more tolerable for the government to be in the hands of many, that they may afford each other mutual assistance and admonition, and that if any one arrogate to himself more than is right, the many may act as censors and masters to restrain his ambition. ... But if those, to whom the will of God has assigned another form of government, transfer this to themselves so as to be tempted to desire a revolution, the very thought will be not only foolish and useless, but altogether criminal....

XIV.—From the magistracy we next proceed to the laws, which are the strong nerves of civil polity, or, according to an appellation which Cicero has borrowed from Plato, the souls of states, without which magistracy cannot subsist.

XXII.—The first duty of subjects towards their magistrates is to entertain the most honourable sentiments of their function, which they know to be a jurisdiction delegated to them from God, and on that account to esteem and reverence them as God's ministers and vicegerents. For there are some persons to be found, who shew themselves very obedient to their magistrates, and have not the least wish that there were no magistrates for them to obey, because they know them to be so necessary to the public good; but who, nevertheless, consider the magistrates themselves as no other than necessary evils. But something more than this is required of us by Peter, when he commands us to "honour the king;" and by Solomon when he says, "Fear thou the Lord and the King:" for Peter, under the term honour, comprehends a sincere and candid esteem; and Solomon, by connecting the king with the Lord, attributes to him a kind of sacred veneration and dignity. ... The obedience which is rendered to princes and magistrates is rendered to God, from whom they have received their authority.

XXIII.—Hence follows another duty: that, with minds disposed to honour and reverence magistrates, subjects approve their obedience to them, in submitting to their edicts, in paying taxes, in discharging public duties and bearing burdens which relate to the common defence, and in fulfilling all their other commands. ... For, as it is impossible to resist the magistrate without, at the same time, resisting God himself, though an unarmed magistrate may seem to be despised with impunity, yet God is armed to inflict exemplary vengeance on the contempt offered to himself. Under this obedience I also include the moderation which private persons ought to prescribe to themselves in relation to public affairs, that they do not, without being called upon, intermeddle with affairs of state, or rashly intrude themselves into the office of magistrates, or undertake any thing of a public nature. If there be anything in the public administration which requires to be corrected, let them not raise any tumults, or take the business into their own hands, which ought to be all bound in this respect, but let them refer it to the cognizance of the magistrate, who is alone authorized to regulate the concerns of the public.

XXV.—But, if we direct our attention to the word of God, it will carry us much further; even to submit to the government, not only of those princes who discharge their duty to us with becoming integrity and fidelity, but of all who possess the sovereignty, even though they perform none of the duties of their function. For though the Lord testifies that the magistrate is an eminent gift of his liberality to preserve the safety of men, and prescribes to magistrates themselves the extent of their duty; yet he, at the same time, declares, that whatever be their characters, they have their government only from him; that those who govern for the public good are true specimens and mirrors of his beneficence; and that those who rule in an unjust and tyrannical manner are raised up by him to punish the iniquity of the people; that all equally possess that sacred majesty which he hath invested with legitimate authority....

XXIX.—But it will be said, that rulers owe mutual duties to their subjects. That I have already confessed. But he who infers from this that obedience ought to be rendered to none but just rulers, is a very bad reasoner. For husbands owe mutual duties to their wives, and parents to their children. Now, if husbands and parents violate their obligations, if parents conduct themselves with discouraging severity and fastidious moroseness towards their children, whom they are forbidden to provoke to wrath: if husbands despise and vex their wives, whom they are commanded to love and to spare as the weaker vessels; does it follow that children should be less obedient to their parents; or wives to their husbands? They are still subject, even to those who are wicked and unkind....

XXXII.—But in the obedience which we have shewn to be due to the authority of governors, it is always necessary to make one exception, and that is entitled to our first attention, that it do not seduce us from obedience to him, to whose will the desires of all kings ought to be subject, to whose decrees all their commands ought to yield, to whose majesty all their scepters ought to submit....

62. Early Hardships and Religious Matters, 1630-1631

a. Extracts from Winthrop's "History of New England"

John Winthrop, leader of the great Puritan migration of 1630, while on board ship, began a "Journal," which gradually merged into a great contemporary "History." The work was printed first in 1790. A better edition appeared in 1853; and, that edition having long been "out of print," the work was reëdited by Dr. James K. Hosmer in 1907 ("Original Narratives" Series). The spelling and punctuation have been modernized in all these editions.

(1) [The Voyage.]

April 6, 1630. [Eight days on board; but still delayed at Yarmouth in the English Channel]....

Our captain called over our landmen, and tried them at their muskets, and such as were good shot among them were enrolled to serve in the ship, if occasion should be.

The lady Arbella[40] and the gentlewomen, and Mr. Johnson and some others went on shore to refresh themselves....

Thursday, 8. ... The wind continued N. [blank] with fair weather, and after noon it calmed, and we still saw those eight ships to stand towards us; having more wind than we, they came up apace, so as our captain and the masters of our consorts were more occasioned to think they might be Dunkirkers,[41] (for we were told at Yarmouth, that there were ten sail of them waiting for us;) whereupon we all prepared to fight with them, and took down some cabins which were in the way of our ordnance, and out of every ship were thrown such bed matters as were subject to take fire, and we heaved out our long boats, and put up our waste cloths, and drew forth our men, and armed them with muskets and other weapons, and instruments for fireworks; and for an experiment our captain shot a ball of wild-fire fastened to an arrow out of a cross-bow, which burnt in the water a good time. The lady Arbella and the other women and children were removed into the lower deck, that they might be out of danger. All things being thus fitted, we went to prayer upon the upper deck. It was much to see how cheerful and comfortable all the company appeared; not a woman or child that showed fear, though all did apprehend the danger to have been great, if things had proved as might well be expected, for there had been eight against four, and the least of the enemy's ships were reported to carry thirty brass pieces; but our trust was in the Lord of Hosts; and the courage of our captain, and his care and diligence, did much encourage us. [The fleet prove to be friends.]

Saturday, 10. ... This day two young men, falling at odds and fighting, contrary to the orders which we[42] had published and set up in the ship, were adjudged to walk upon the deck till night with their hands bound behind them, which accordingly was executed; and another man, for using contemptuous speeches in our[42] presence, was laid in bolts till he submitted himself, and promised open confession of his offence.

Lord's day, [May] 2. The tempest continued all the day, with the wind W. and by N., and the sea raged and tossed us exceedingly; yet, through God's mercy, we were very comfortable, and few or none sick, but had opportunity to keep the Sabbath, and Mr. Phillips preached twice that day....

Friday, 21. ... A servant of one of our company had bargained with a child to sell him a box worth 3 d. for three biscuit a day all the voyage, and had received about forty ... We caused his hands to be tied up to a bar, and hanged a basket, with stones, about his neck, and so he stood for two hours.

(2) [Early Religious Practices.]

July 27. We, of the congregation [at Boston] kept a fast, and chose Mr. Wilson our teacher,[43] and Mr. Nowell an elder, ... We used imposition of hands, but with this protestation by all, that it was only as a sign of election and confirmation, not of any intent that Mr. Wilson should renounce his ministry that he received in England.[44]

[1631. April 12.]

At a court holden at Boston, (upon information to the governour that they of Salem had called Mr. Williams to the office of a teacher), a letter was written from the court to Mr. Endecott to this effect: That whereas Mr. Williams had refused to join with the congregation at Boston, because they would not make a public declaration of their repentance for having communion with the churches of England while they lived there; and, besides, had declared his opinion, that the magistrate might not punish the breach of the Sabbath, nor any other offence, as it was a breach of the first table; therefore, they marvelled they would choose him without advising with the council; and withal desiring him [Endicott] that they would forbear to proceed till they had conferred about it....

b. Winthrop's Letters

John Winthrop from New England to his Wife, September 9/19, 1630

Winthrop's Life and Letters of John Winthrop, II, 48-49 and 53-55.

My Dear Wife,—The blessing of God all-sufficient be upon thee and all my dear ones with thee forever.

I praise the good Lord, though we see much mortality, sickness and trouble, yet (such is his mercy) myself and children, with most of my family, are yet living, and in health, and enjoy prosperity enough, if the affliction of our brethren did not hold under the comfort of it. The lady Arbella is dead, and good Mr. Higginson, my servant, old Waters of Neyland, and many others. Thus the Lord is pleased to humble us; yet he mixes so many mercies with his corrections, as we are persuaded he will not cast us off, but, in his due time, will do us good, according to the measure of our afflictions. He stays but till he hath purged our corruptions, and healed the hardness and error of our hearts, and stripped us of our vain confidence in this arm of flesh, that he may have us rely wholly upon himself.

The French ship, so long expected, and given for lost, is now come safe to us, about a fortnight since, having been twelve weeks at sea; and yet her passengers (being but few) all safe and well but one, and her goats but six living of eighteen. So as now we are somewhat refreshed with such goods and provisions as she brought, though much thereof hath received damage by wet. I praise God, we have many occasions of comfort here, and do hope, that our days of affliction will soon have an end, and that the Lord will do us more good in the end than we could have expected, that will abundantly recompense for all the trouble we have endured. Yet we may not look for great things here. It is enough that we shall have heaven, though we should pass through hell to it. We here enjoy God and Jesus Christ. Is not this enough? What would we have more? I thank God, I like so well to be here, as I do not repent my coming; and if I were to come again, I would not have altered my course, though I had foreseen all these afflictions. I never fared better in my life, never slept better, never had more content of mind, which comes merely of the Lord's good hand; for we have not the like means of these comforts here which we had in England. But the Lord is all-sufficient, blessed be his holy name. If he please, he can still uphold us in this estate; but, if he shall see good to make us partakers with others in more affliction, his will be done. He is our God, and may dispose of us as he sees good.

I am sorry to part with thee so soon, seeing we meet so seldom, and my much business hath made me too oft forget Mondays and Fridays. I long for the time, when I may see thy sweet face again, and the faces of my dear children. But I must break off, and desire thee to commend me kindly to all my good friends, and excuse my not writing at this time. If God please once to settle me, I shall make amends. ... The good Lord bless thee and all our children and family. So I kiss my sweet wife and my dear children, and rest

Thy faithful husband,

Jo. Winthrop.

I would have written to Maplestead, if I had time. Thou must excuse me, and remember me kindly to them all.

This is the third letter I have written to thee from New England.

[November 29/December 9, 1630.]

... Thou shalt understand by this, how it is with us since I wrote last, (for this is the third or fourth letter I have written to thee since I came hither,) that thou mayest see the goodness of the Lord towards me, that, when so many have died and so many yet languish, myself and my children are yet living and in health. Yet I have lost twelve of my family,[45] viz. Waters and his wife, and two of his children: Mr. Gager and his man: Smith of Buxall and his wife and two children: the wife of Taylor of Haverill and their child: my son H. makes the twelve. And, besides many other of less note, as Jeff. Ruggle of Sudbury, and divers others of that town, (about twenty,) the Lord hath stripped us of some principal persons, Mr. Johnson and his lady, Mr. Rossiter, Mrs. Phillips, and others unknown to thee. We conceive, that this disease grew from ill diet at sea, and proved infectious. I write not this to discourage thee but to warn thee and others to provide well for the sea, and, by God's help, the passage will be safe and easy, how long soever. Be careful (I entreat thee) to observe the directions in my former letters; and I trust that that God, who hath so graciously preserved and blessed us hitherto, will bring us to see the faces of each other with abundance of joy. My dear wife, we are here in a paradise. Though we have not beef and mutton etc., yet (God be praised) we want them not; our Indian corn answers for all. Yet here is fowl and fish in great plenty. I will here break off, because I hope to receive letters from thee soon, and to have opportunity of writing more largely. I will say nothing of my love to thee, and of my longing desires towards thee. Thou knowest my heart. Neither can I mention salutations to my good friends, other than in general. In my next, I hope to supply all. Now the Lord, our good God, be with thee and all my children and company with thee. Grace and peace be with you all. So I kiss my sweet wife and all my dear children, and bless you in the Lord. Farewell.

Thy faithful husband,

Jo. Winthrop.

c. Thomas Dudley to the Countess of Lincoln March, 1631