USA > Massachusetts > Suffolk County > Boston > History of grants under the great Council for New England: a lecture of a course by members of the Massachusetts Historical Society, delivered before the Lowell Institute, Jan. 15, 1869 > Part 2
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It seemed to be desirable to refer to the nature of that title, to the civil condition of England, to the operations of trade and fishery, and to the colonial projects which preceded the incor- poration of that semi-commercial, semi-political body known as the Great Council for New England. For it was the wealth of the mercantile classes, resulting in some degree from the dis- covery of new sources and new courses of trade in distant regions, that made the nobility and gentry eager to partake of their gains. The " Fellowship of English Merchants for the Discovery of New Trades," sometimes called also the Muscovy or Russian Company, which had a charter as early as 1554-5, had been remarkably successful. Immense fortunes, like those of Sir Thomas Smith and Sir John Wolstenholm, and others who took part in the Virginia enterprises, had been realized by merchants who became knights and baronets. The wealth of the House of Commons far exceeded that of the House of Lords. The great increase of extravagance in private expenditure had . become a serious drain upon the resources of the nobility; and it was the hope of profit from the fur trade and fisheries, com- bined with the advantage and dignity of territorial proprietor- ship, that caused the formation and governed the conduct of the New-England Company, while ignorance of business and. em- barrassments arising from conflicting claims, domestic and for- eign, brought it to an end.
There is another preliminary fact, which is of great interest to New England, and especially to Massachusetts. At the beginning of a new century, A. D. 1602, Raleigh's colonies had disappeared, and all traces of them were lost. Dr. Holmes, in
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his Annals, remarks, that then "in North America north of Mexico not a single European family could be found." If we understand by family a household of men, women, and children, this statement may be nearly correct; and yet it is estimated that there were at that time, at Newfoundland, as many as ten thousand men and boys employed on board and on shore in the business of taking and curing fish. Colonization, however, had been virtually abandoned in despair. At that critical period, it was revived by two men whose service to this country in that respect has never been properly or sufficiently acknowledged. These were the Earl of Southampton and Bartholomew Gos- nold : the first, the friend and patron of Shakespeare, and the subject of many of his sonnets, who had impaired his fortune by his liberality to men of letters; the other, an intrepid mariner from the west of England, who became the leading spirit, and one of the first victims, of the attempt to renew the settlements of Virginia.
You are all familiar with the story of Gosnold's visit to Massachusetts Bay, in 1602; and it hardly needs to be stated, that the expedition was undertaken with the consent of Raleigh, as coming within his jurisdiction; that the cost was chiefly defrayed by the Earl of Southampton; that the design of the voyage was to find a direct and shorter way across the ocean and a proper seat for a plantation ; that the company consisted of thirty-two men, twenty of whom were to remain in the country ; that, in fact, they were the first to take a straight course across the Atlantic, instead of the usual passage to Virginia by the West Indies; that they reached land near Salem Harbor ; that from them came the familiar names of Cape Cod, Martha's Vineyard, the Elizabeth Islands, &c. ; and that they built a fort at Cuttyhunk in Buzzard's Bay. They were delighted with the country, but were compelled to return home for larger supplies. Before they could come back better provided for a permanent settlement, Queen Elizabeth died, Raleigh was thrown into prison by her successor, and all schemes for American coloniza- tion were of necessity to be abandoned, or organized upon a new basis under a new sovereign himself destitute of energy and enterprise. Fortunately, Gosnold and his companions were not merely men of action, but could write and speak as well; and to
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their glowing narratives and zealous exertions, aided by the famous Hakluyt, and men of influence at Court, historians ascribe the procurement of the charter of 1606, from which the ultimate settlement of the United States and the resulting heritage of territorial rights are to be dated.
The fact of Gosnold's selection of our own coast for an intended colony is sufficiently well known ; but I am sure, that the characters and services of the leaders of that little company are not sufficiently understood and appreciated, or, instead of the farce which was enacted over the later and inconse- quential landing and brief continuance of a body of outlaws on the coast of Maine, all New England would have united in meas- ures to honor the memory of the real founders of permanent habitation and indisputable title within our national bounds.
For some reason, the charter of 1606 did not embrace the whole of the British claim. It extended no farther south than the present limits of North Carolina, and no farther north than the present limits of the State of Vermont; that is, from the thirty-fourth to the forty-fifth degree of latitude. Within these bounds there were to be two colonies under separate administra- tions, subject to a paramount administration in the mother country. The southern colony could plant anywhere between the thirty-fourth and forty-first degrees, and the northern colony, anywhere between the thirty-eighth and forty-fifth degrees; leaving three degrees, or the space from the southern point of Maryland to the southern point of Connecticut, as common ground.
The northern company had need of hot haste in choosing a location; as, in the race for possession, the French had once more taken the lead, and renewed their plans of founding an American empire. Having before sent over a ship-load of felons from the jails, who were left to take care of themselves at the Isle of Sables, a more formidable expedition was organized in 1603, the year succeeding Gosnold's memorable voyage. Henry the Great being then King of France, a gentleman of his house- hold, named De Monts, received from him a patent of the Ameri- can territory from the fortieth to the forty-sixth degree of north latitude, with power, as lieutenant-general, to colonize and rule it. It will be noticed that this grant almost exactly covers the
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territory assigned to the northern colony of Virginia by the Eng- lish charter of 1606. De Monts lost no time in entering upon his dominion; and he and his followers settled themselves in Nova Scotia, at Monts désert (now called Mount Desert), and along the coast of Maine as far as the Penobscot. They looked into Boston Harbor in search of a more genial climate, but were repelled by the hostile attitude of the natives.
The company of outlaws which, in imitation of the French, Chief-Justice Popham sent to the mouth of the Sagadehoc or Kennebec River, in 1607, was undoubtedly intended and expected to check the advances of that nation. It not only failed, but its failure paralyzed the energies of the northern company of Vir- ginia for many succeeding years.
That portion of the duplex contrivance of James I. accom- plished nothing important of itself until, after much opposition, a separate organization and charter were obtained in 1620. In the mean time, its twin-brother, at Jamestown, flourished, after a fashion; it is doubtful whether most aided or hindered by the frequent interference of the English monarch, that " Dominie Sampson " spoilt into a king, who believed himself to be the fountain of wisdom, not less than the fountain of honor. It was able, in 1613, to fit out an armed vessel, commanded by Captain Argall, which broke up the French settlements at Port Royal, Mount Desert, &c., and compelled their inhabitants to retire towards Canada; protesting all the while, that whatever abstract rights Great Britain might possess, if any there were, the Vir- ginia charter expressly excepted in its grants regions already occupied by any Christian prince or people; they (the French) being a Christian people, in occupation of the places from which they were driven two years before the Virginia charter was made ; which was very true.
Upon the island of Manhattan at the mouth of Hudson's river, on the common ground of the two so-called Virginia companies, the Dutch had located themselves, claiming title from its discov- ery by Hudson, in their service. While returning from his expedition against the French, Captain Argall called on them also, and required submission. They were too feeble to resist ; but the next year a new governor came from Amsterdam, with reinforcements, asserting the right of Holland to the country, and
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refusing the tribute which his predecessor had consented to pay to the English.
It was to this inheritance, of not undisputed possessions, to which the new corporation, styled " The Council established at Plymouth, in the County of Devon, for the Planting, Ruling, and Governing of New England in America," succeeded on the 3d of November, 1620.
The charter, after referring to the previous charter of 1606, and the changes that had since been made for the benefit of the southern company, states that Sir Ferdinando Gorges, and other principal adventurers of the northern company, with divers per- sons of quality who now intend to be their associates, resolving to prosecute their designs more effectually, and intending to estab- lish fishery, trade, and plantation, within the precincts of the said northern company ; for that purpose, and to avoid all confusion and difference between themselves and the other company, have desired to be made a distant body.
It proceeds to grant to the persons named, the territory from the fortieth to the forty-eighth degree of north latitude and through the main land from sea to sea, to be called NEw ENG- LAND; that is, from the latitude of Philadephia to the middle of Newfoundland, and through all that width from the Atlantic to the Pacific; varying a few degrees of latitude from the bounds prescribed in the original patent.
They were to be one body politic and corporate, to consist of forty persons, and no more, with perpetual succession. Vacan- cies were to be filled by the members. They were empowered to establish laws not contrary to the laws of England; and to their " governors, officers, and ministers," according to the natural limits of their offices, was given authority to correct, punish, pardon, and rule all English subjects that should become colon- ists, according to the laws and instructions of the Council; and in defect thereof, in cases of necessity, according to their good discretions, in cases criminal and capital as well as civil, and both marine and others. Such proceedings to be, as near as conveniently may be, agreeable to the laws, statutes, government, and policy, of the realm of England. The continent, from the fortieth to the forty-eighth degree, from sea to sea, was absolutely given, granted, and confirmed to the said Council and their suc-
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cessors, to be holden, as of the manor of East Greenwich, in free and common socage,1 as distinguished from the feudal tenure of personal service; and all subjects were forbidden to trade or fish within their limits without a license from the Council under -. seal.
The rank and personal standing of the grantees corresponded to the extent of territory and the magnitude of the powers be- stowed upon them. They consisted of many of the highest nobility of the kingdom, and knights and gentlemen of promi- nence and influence. Their aims and purposes were not less lofty and aristocratic. Upon the general ground, that kings did first lay the foundations of their monarchies, by reserving to them- selves the sovereign power (as fit it was), and dividing their king- doms into counties, baronies, hundreds, and the like, they say, -
"This foundation being so certain, there is no reason for us to vary from it; and therefore we resolve to build our edifices upon it. So as we purpose to commit the management of our whole affairs there in general unto a governor, to be assisted by the advice and counsel of so many of the patentees as shall be there resident, together with the officers of State."
Among the "officers of State" were to be a treasurer, a marshal, an admiral, and a master of ordnance. Two parts of the whole territory were to be divided among the patentees, and the other third reserved for public uses; but the entire territory was to be formed into counties, baronies, hundreds, and the like. From every county and barony deputies were to be chosen to consult upon the laws to be framed, and to reform'any notable abuses. Yet these are not to be assembled but by order of the President and Council in England, " who are to give life to the laws so to be made, as those to whom of right it best belongs." The counties and baronies were to be governed by the chief, and the officers under him, with a power of high and low justice, subject to an appeal, in some cases, to the supreme courts. The lords of counties might also divide their counties into manors and lordships, with courts for deter- mining petty matters. When great cities had grown up, they
1 " An estate of the highest nature that a subject under any government can possibly receive and hold." - Sullivan, Land Titles in Massachusetts, p. 36.
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were to be made bodies politic to govern their own private affairs, with a right of representation by deputies or burgesses.1
There was a provision in the charter for its renewal and amendment, if changes should be found expedient; and meas- ures were taken for a new patent, omitting the requirement that their government should be as near the laws of England as may be, and inserting authority to create titles of honor, and estab- lish feudal tenures.
The chief managers of the affairs of the Council were Sir Ferdinando Gorges, a friend and fellow-soldier of Raleigh, who, ever since the failure of the Popham enterprise in Maine, had been striving to settle a plantation for trade and fishing there on his own account; Captain John Mason, who had been governor of Newfoundland ; and the Earl of Warwick, the President. The patents issued to colonists, whether companies or single adventurers, were intended to conform to the political system they had adopted.
The influence of Gorges is seen in the project, which was early started, of laying out a county, on the general behalf, forty miles square, on the Kennebec River, and building a great city at the junction of the rivers Kennebec and Androscoggin. Two kinds of patents were provided for by the Council : one for private undertakers of petty plantations, who were to have a certain quantity of land allotted them at an annual rent, with conditions that they should not alienate without leave, and should settle a stated number of persons with cattle, &c., within a definite period ; the other for such parties as proposed to build towns, with large numbers of people, having a government and magistrates, who were to have power to frame such laws and constitutions as the majority should think fit, subordinate to the State which was to be established, " until other order should be taken."
The grand schemes of the Council were not destined to experience even the promise of success. They began to fail from the very beginning of their operations. They had to con- tend not only against the active hostility of the Southern cor- . poration, the remonstrances of the French, and the pertinacity
1 Brief Relation of the President and Council. In Mass. Hist. Soc. Col., vol. xix,
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of the Hollanders, who said little, while they encroached upon the fisheries, and inclined to take possession of Connecticut River; but. the fishermen and fur-traders of England itself, whose rights, become prescriptive by long enjoyment, were so summarily interfered with. The matter was taken up by Parlia- ment, and Sir Ferdinando Gorges was summoned to their bar. His argument, that the enlargement of the King's dominions and the advancement of religion were of more consequence than a disorderly course of fishing, which, except for their plantation, would soon be given over, (as so goodly a coast could not long be left unpeopled by the French, Spanish, or Dutch), if it did not satisfy the Commons, had weight with the King, who continued his favor and protection.
Gorges was to be the Governor of the new State; and, in 1623, the attempt was made to transfer an operative govern- ment to the American soil. The King had issued a proclama- tion enforcing their authority ; and now Robert Gorges, son of Sir Ferdinando, was sent over as Lieutenant-General and Governor of New England, with a suite of officers, to establish his court at Massachusetts Bay ; where a tract extending ten miles on the north-east side of the bay had been granted to him personally by patent.
This proved an unfortunate procedure. It increased the hostile feeling in England, so that, in a list of public grievances brought forward by Parliament, the first was the patent for New England. This public declaration of the House's dislike, Gorges tells us, " shook off all adventurers from the plantation, and made many of the patentees quit their interest." The Lieu- tenant-Governor and his military and ecclesiastical officers were advised to return home; and thus the plan of a State ruled by a Company, such as we have scen to succeed in India, failed in New England.
The other purpose of the Council, viz., to derive a profit from the fisheries and the fur-trade, with a view also to the ultimate advantages of territorial proprietorship, was continued in a feeble and desultory way. The great object was to get the country occupied at all events, and grants of land were made with a singular disregard of boundaries and of previous convey- ance. Gorges and Mason were the only persons at all acquainted
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with localities here, and Gorges had become despondent and almost desperate. Many. members of the corporation gave up their partnership rather than pay their shares of the expenses ; and it was difficult to find others to take their places. They tried the policy of dividing the whole territory among their members, in severalty, which came to nothing. Dissensions arose, and the Earl of Warwick withdrew from their meetings, but still kept the great seal, and evaded the calls that were made upon him to deliver it to the treasurer. They did not know what patents had been issued, and the President was " entreated to direct a course for finding out." It was proposed to send over a surveyor to settle limits, and commissioners to hear and determine grievances. The company became reduced from forty to twenty-one, notwithstanding recruits had been dili- gently sought among the merchants. Their records from November, 1632, to January, 1634, are wanting. When they begin again, the only remaining objects aimed at seem to have been a renewal of the policy of assigning to members distinct portions of the region embraced in their charter, and a surrender of the charter to the King, who is besought to graciously ratify the division, and confirm it by his own decree. This he does not appear ever to have formally done; and the Great Council for planting, ruling, and governing New England, came to an end in 1635, leaving no other incumbrances upon the soil than such as arose from a few larger patents, which depended for their force and validity very much upon the royal sanction they ulti- mately received, and some grants whose proprietors were in the country engaged in actual occupancy or management.
Dr. Palfrey, in his history, gives a list of twenty-four grants made, or supposed to have been made, by the Council for New England before the final partition attempted among themselves. From these we must take the doubtful, or at any rate futile, division among the partners alleged to have been effected in 1622; also the Charter of Nova Scotia to Sir William Alexander, which came directly from the King with the assent of the Council, how signified does not appear ; also the supposed grants to Thompson, Weston, and Wollaston, which, if ever formally executed, were soon forfeited or abandoned, like some others that might be added from the Records ; also the patent of Comecticut,
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March 19, 1631, which proceeded from the Earl of Warwick per- sonally, and was apparently founded on an actual or expected title passed, or to be passed, from the Council to himself. It is possi- ble that, like the deed of Cape Ann to the Pilgrims, by Lord Sheffield in 1623, it was based on a contemplated division among the Council that was never perfected.1 Grants were sometimes spoken of as made that were not drawn up; and sometimes the execution, long delayed, was not formally com- pleted, so that the Council felt at liberty to confirm or reject them. To some patents there were conditions attached; such as rent, and the introduction of settlers within a certain time, to remain a certain time, which, if not complied with, might occasion a forfeiture.
Four in Dr. Palfrey's list are for the benefit of the Pilgrims at Plymouth; but the last and amplest absorbed or cancelled the others.
The first act of this nature for the benefit of the Pilgrims, was dated June 1, 1621. The other grants to them of 1622, 1627, and 1630, enlarged their property and powers at Plymouth, and gave them a large tract of land on the Kennebec, for trade with the Indians; by the special favor, it is said, of the Earl of Warwick, who seems to have been devoted to the interests of the Puritans.
There remain to be mentioned fourteen grants professedly emanating from the Council :-
Ist, To Captain John Mason, March 9, 1622, of the coast and islands between Salem River and the Merrimack, called by him " Mariana." It is said to have been imperfectly executed; and was disregarded in sub- sequent conveyances.
2d, To Gorges and Mason jointly, Aug. 10, 1622, of the country between the Merrimack and Kennebec Rivers, and sixty miles inland from their mouths, " which they intend to name the PROVINCE OF MAINE."
3d, To Robert Gorges, of ten miles from Boston towards Salem, just
1 Historians have stated, without giving any authority, that the Connecticut territory was granted by the Council to Warwick, in 1630, and even that it was confirmed to him by the King. But the Council Records show that "a rough draft" of a patent for the Earl of Warwick, relating to the same territory, was under consideration three months after his conveyance to Lord Say and Sele, &c.
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before he came over as Lieutenant-Governor. The tenure was by the sword, or per gladium comitatus.
4th, To a grandson of Sir F. Gorges and his associates, of twenty- four thousand acres, on both sides of York River in Maine, with the islands within three leagues of the coast. This patent, though referred by Gorges to 1623, was not executed till Dec. 2, 1631, and was reissued the following March, with a partial change of associates. The considera- tion was their engaging to buiki a town.
5th, To the Massachusetts Company, which, as confirmed by the royal charter, March 4, 1629, covered Mason's Mariana, the tract of Robert Gorges, and a part of the territory of Gorges and Mason ; as it was to embrace the country from three miles north of every part of the Merri- mack River to three miles south of Charles River.
6th, To Captain John Mason, Nov. 7, 1629, from the middle of the Merrimack River to the middle of the Piscataqua, and sixty miles inland from their mouths, and all islands within five leagues of the coast ; " which he intends to name NEW HAMPSHIRE."
A series of grants succeeded, that are well known as prolific of suits and legal questions to the inhabitants of Maine. These are -
1st, The joint patents of what are now the towns of Saco and Biddeford.
2d, The Muscongus, or Lincoln grant, between the Muscongus and the Penobscot Rivers, which became the famous Waldo patent.
3d, The Lygonia, or Plough patent, of forty miles square, between Cape Porpous and Cape Elizabeth, including the now City of Portland. The date and the grantees are both uncertain.1
4th, The Swamscot patent, covering the towns of Dover, Durham, and Stratham.
5th, The Black Point grant of fifteen hundred acres in Scarborough.
6th, To Gorges and Mason, and certain associates, of lands on the Piscataqua, where some of their people had settled.
7th, To Richard Bradshaw, fifteen hundred acres above the head of " Pashippscot," where he had been living.2
8th, To Trelawney and Goodyear, a tract between the Black Point patent and the Casco River.
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