USA > Massachusetts > The history of Massachusetts, the colonial period. 1492-1692 v. I > Part 14
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1 Johnson, W. W. Prov., in 2 M. H. Coll, 2. 69 ; Josselyn, in 3 M. II. Coll., 3. 376; Thornton's Landing, &c. Probably others, besides these, remained with Mr. Conant, as there
were several "old planters" at Naum- keag when Mr. Endicott arrived. Felt's Salem; Ann. Am. Stat. Ass'n, 1. 138. $ Hubbard, 108.
1 55
PATENT OF THE MASSACHUSETTS COLONY.
lute, and ashamed of their pusillanimity, the others con- CHAP. sented to stay, and Mr. Woodbury was sent to England for VI. n supplies. Thus the breath of life was continued in the colony, and Conant and his companions remained " the sentinels of Puritanism on the Bay of Massachusetts." 1
Meanwhile. Mr. White, in fulfilment of his promise, en- listed some gentlemen residing "about Dorchester,"2 who negotiated with the Council, and obtained a patent, convey- Mar. 19. ing to Sir Henry Rosewell, Sir John Young, Thomas South- 1627-8. cote, John Humphrey, John Endicott, and Simon Whet- comb, all " that part of New England lying between three miles to the North of the Merrimac, and three miles to the South of the Charles river, and of every part thereof, in the Massachusetts Bay ; and in length between the described breadth, from the Atlantic Ocean to the South Sea." 3
A considerable portion of the land embraced in this patent, had been previously granted by the same Council to 1621-2. Capt. John Mason, and to Robert, the son of Sir Ferdinando 1023. Gorges ; and the grounds upon which it was now re-sold do not appear. The enemies of the patentees, indeed, alleged that the new grant was " surreptitiously " obtained ; + but Sir Ferdinando Gorges himself disclaims this charge ;5 the colonists successfully exposed its falsity ;6 and though some recent writers have seen fit to revive it,7 Chalmers, who was none too favorable to the Puritans, frankly admits that it is without foundation. 8
But whatever may have been the reasons for this second
1 Conant's Deposition, in Mass. Archives, Towns, 1. 217; Mather's Mag., 1. 62; Bancroft's U. S., 1. 339.
" Not of Dorchester, as in Ban- croft, 1. 330.
3 Hubbard, 108; Hutchinson, 1.
16 ; Mather, 1. 62; Josselyn, in 3 M. H. Coll., 3. 326-7 ; Dudley's Lett., 11. ed. 1696.
4 Hazard, 1. 391; Petition of R. Mason, in Belknap's N. H., 1. App. p. xviii.
5 Gorges, in 3 M. H. Coll., 6. 80. 6 Answer to Mason's Petition, in Belknap's N. H., 1. App. No. xiv.
7 Haliburton's Rule and Misrule.
8 Polit. Ann., 147.
156
THE MASSACHUSETTS COMPANY.
CHAP. sale,- whether some of the former grants were themselves VI. invalid,1 or were forfeited by non-use;2 or whether the 1628. grantors were ignorant of the geography of the country, or were principally anxious to increase the emoluments of their Company ;3 or whether compromises were made with the former proprietors,4- the patent itself, from its inter- ference with those of a previous date, gave rise to perplex- ing embarrassments, and to controversies, which were con- ducted with no little acrimony, and which continued to disturb the country for over half a century.
A patent being obtained, a portion of the grantees were soon satisfied that, to transport a colony to so distant a clime, and to maintain it for years, was an enterprise which did not promise to be immediately profitable, and, discour- aged by this circumstance, their zeal speedily abated ; but, through the influence of Mr. White, himself invincible to all opposition, several merchants of London and "other religious persons" were persuaded to become partners in the adventure ;5 and the first three of the original patentees withdrawing, the rest purchased or assumed their rights, formed a company afterwards known as the Massachusetts Company, and organized by choosing Matthew Cradock, for Governor, and Thomas Goffe, for Deputy Governor, with a board of Assistants, who were the chief officers of the Company after its incorporation under the Royal Charter.
In compliance with the promise to Mr. Conant, one of the first acts of this Company, with its ample resources, was to seek a suitable person to conduct a body of emi-
1 Decl'n of Mass. Col., in Bel- knap's N. H. 1. App. p. xxvi.
2 Answer to Mason, in Belknap, 1. App. p. xxxviii; Hutchinson, 1. 16. 3 Hubbard's Narr. Ind. Wars, p. 2, ed. 1676.
+ Hubbard, Hist. N. E., 226; Hutch. Coll., 423 ; Belknap's N. H., 1. 15, note.
5 Hubbard and Mather say Win- throp and Dudley now joined the Company ; but as their names are not found in the list of Adventurers in 1628, we incline to the opinion that they joined at a later date, per- haps early in 1629.
4
-
157
EMIGRATION UNDER ENDICOTT.
grants to the settlement at Naumkeag, "to carry on the CHAP. Plantation of the Dorchester agents, and to make way for VI. the settling of another colony in the Massachusetts ;1 and they selected for this purpose one of their own number - John Endicott, Esq., a Puritan of the sternest mould 2- who manifested much willingness to accept of the offer as soon as it was tendered, and who was appointed Agent or Governor of the Plantation "until themselves should come ever,"3 his instructions being signed by fourteen of the Company.4 ·
May 30, 1628,
Preparations for his departure were promptly made, and about the last of June, he embarked in the Abigail, Henry Gauden, Master, accompanied by his wife and children, " the hostages of his fixed attachment to the new world." 5 The number of persons who went with him is not certainly known ; but we have reason to think that it did not exceed if it amounted to fifty ; for the same year, a body of ser- vants was sent to join him at Salem, and these, with his own company, and the " old planters " under Conant, are said to have made, in all, a body of but about one hundred persons.6 These servants, "arriving in an uncultivated desert, for want of wholesome dict and convenient lodg- ings, were many of them seized with the scurvy and other distempers, which shortened their days, and prevented the rest from performing any great matter of labor that year for advancing the work of the plantation." Being destitute
June, 1628.
1 Hubbard, 109, and Narr., 4.
: Johnson, W. W. Prov., in 2. M. H. Coll., 2. 69.
3 Hubbard, 109, 'is explict on this point ; and it appears, from his lan- guage, that a part of the company, at least, were at this time, contempla- ting a removal to America, though that object was notaccomplished until 1630. See also pp. 114, 115 of ibid. ‘ See their names in Hutchinson, 1. 16, note.
5 Hubbard, 109; Bancroft, 1. 341. 6 Planters Plea, 43, in Force, vol. 2, and in Chron. Pil., p. 13; Hubbard, 110, 115. Those who came with Mr. Endicott, joined to Conant's party, made a body of about sixty persons ; and the names of ten who remained with Conant are certainly known.
14
158
THE MASSACHUSETTS CHARTER.
CHAP. of a physician, Dr. Fuller of Plymouth went to their relief; VI and in his interview with Mr. Endicott, the religious view of the Pilgrims were discussed, which led to a correspond- ence between Mr. Endicott and Govenor Bradford, then per- sonally strangers, and a friendship commenced which lasted till death.1
Up to this date, the Massachusetts Company was guided in its operations solely by the patent from the Council for New England ; but as this vested in them the property of the soil rather than adequate powers of municipal govern- ment,2 and as, without further confirmation of this grant, they were exposed to litigations from the claims of other patentees, as well as exceptions to the validity of the laws they might establish, with the caution natural to men conver- versant with business affairs, they deemed it expedient to apply for a Royal Charter. In obtaining this instrument, the most shameless duplicity and unblushing effrontery have been charged to the Company by late writers ;3 but his Majesty and his Council were satisfied of the honesty of their inten- tions, and some of the first noblemen of the realm, as the Earl of Warwick, and Lord Dorchester, one of the princi- pal Secretaries of State, aided them in obtaining it; and it is quite as probable that jealousy originated the charge of duplicity, as that the king and his courtiers should have
Mar. 4, 1628-9. been so easily deceived.4 The instrument, however, which bears the signature of Charles I., speaks for itself, and is yet in existence in the Archives of the States.5
1 Morton's Mem., 73-4; 1 M. H. Coll., 3. 66 ; N. E. Gen. Reg., 1. 210-11.
2 Hubbard, 114; Hutchinson, 1. 17, 448; Chalmers, Ann., 97, 136 ; Douglas, 1. 366 ; Belknap's N. H., 1. App., xxix ; Washburn's Judicial Hist., 9, 11 ; Haliburton's Rule and Misrule, 29; Hildreth's U, S., 1. 175. * Haliburton, Rule and Misrule, 29 ; Coit's Puritanism, Letter 7.
+ See Chalmers, Ann., 136, 147-8, where the documents quoted prove the falsity of this charge.
" In the Office of the Secretary of State. Chalmers, Ann., 147, speaks of a copy of this Patent in the old N. Eng. Ent. in the Plant. Office. The document is printed in the Charter and Laws of Mass. Bay ; Hutch. Coll., 1-24; Hazard, 1. 239-55; Mass. Rec's., 1. 3-20.
159
THE MASSACHUSETTS CHARTER.
In view of the policy of the monarch1 and the principles CHAP. of the applicants, the facility with which this charter v.as V
1625 :).
VI. obtained has surprised some writers,2 and is accounted for by others on the supposition, that the king and his counsel- lors were willing, even at the expense of some concessions, to " disencumber the realm of a body of men from whom the most unbending opposition to their measures was to be expected."3 But we incline to the opinion that, on the part of both Charles and his father, "nothing of an enlight- ened spirit appears in the planning of the English colonies, and that the charter governments were evidently copied from some of the corporations at home." At that period, "it was not difficult for any person, who had interest at court, to obtain large tracts of land, not inferior in extent to kingdoms ; and to be invested with a power very little less than regal over them ; to govern by what laws, and to form what sort of constitution he pleased.4
Hence the Charter of the Massachusetts Company was not peculiar, nor was it procured or worded differently from other charters. By its terms, which were similar to the patents to the two Virginia Companies, and the Council for New England, the first Governor and Deputy, and the first board of Assistants, were appointed by the king, and sworn into office before the Masters in Chancery ; the right of electing their successors, on the last Wednesday in Eas- ter term annually, was vested in the freeman of the Corpo- ration ; and all oaths of office, after the first, were to be administered by the Governor, or Deputy, or two of the Assistants. The executive power was committed to the Governor and Assistants ; the legislative to the whole body of the freemen. Courts of Assistants were allowed to be
1 See the Proclamation, in Haz-
ard, 1. 204.
2 Robertson's Ann., lib. 10. § 15.
' Grahame, 1. 153.
4 Burke's Europ. Sett's. in Am. ; Walsh's Appeal, 44-5
.....
160
THE MASSACHUSETTS CHARTER.
CHAP, held monthly or oftener, for the business of the Company; VI. and four General Courts were provided for, on the last 1628-9. Wednesday in Hilary, Easter, Trinity, and Michaelmas, - in all or any of which laws might be passed, freemen admitted, and officers chosen. The Company was autho- rized to transport to its plantation all not restrained by law who were willing to accompany them ; and all goods were to be free of custom for seven years, and of taxes or imposts for twenty-one years, save £5 per cent. custom dues after the expiration of the first seven years. To the emigrants and their posterity were conceded all the rights of natural born subjects, on taking the Oath of Supremacy and Allegiance, which was empowered to be administered rather than expressly enjoined1- and the right of enacting laws not contrary to the laws of the realm. Full and absolute power was likewise given "to correct, punish, pardon, govern, and rule" the inhabitants of the colony, and to repel invaders as occasion required. And finally, these letters were to be available to all intents and construc- tions of law, and were to be " construed, reputed, and adjudged in all cases most favorably on the behalf, and for the benefit and behoof of the Governor and Company and their successors."
Such is an abstract of this celebrated instrument, cher- ished for many years as a "precious boon." How far it secured to the colonists freedom in religious worship, is a question which has given rise to considerable discussion. The advocates of royalty generally contend that such free- dom was not conferred ;2 the friends of the colonists are confident that it was." Mr. Bancroft, however, expresses the opinion that, according to the strict rules of legal inter-
1 This fact is important, and from
" the monarch insisted upon an ad- inattention to it, false and unfounded ministration of the oath of suprem- charges have been brought against acy," &c. the colonists. Judge Story. Const., 2 Robertson, Chalmers, &c. 1. 49, too implicitly, we think, fol- $ Neal, Grahame, &c. lows Robertson, in asserting that
1
161
THE MASSACHUSETTS CHARTER.
pretation, no such privilege was conceded, and that "the CHAP. omission of an express guaranty left religious liberty unpro -~ VI. vided for and unprotected." But, admitting that Puritan worship was necessarily the purpose and the result of the charter, he afterwards adds : " If the privilege could not have been established as a legal right, it followed so clearly from the facts, that, in 1662, the sovereign of England, 1662. probably with the assent and at the instance of Clarendon, declared the privilege and foundation of the charter of Massachusetts to be the freedom of liberty of conscience." 1
In the midst of these conflicting opinions, the truth can best be ascertained by a comparison of the charter with the claims of the colonists, the concessions of Charles, and the clearest rules of common law. It is admitted that the Charter says not a word upon the subject of religious toler- ation. It contains no clause directly alluding to this matter. And it is also, perhaps, truc, that the King had no power to grant such liberty, as it would have been contrary to the statutes of the Anglican Church.2 But, while the charter does not, nor was it necessary that it should, expressly concede the right of freedom in religious worship, which is the inalienable birthright of man, independent of prince or any other potentate, it does not, except by implication, withhold or deny that right. Charles knew perfectly well that the grantees were non-conformists. He knew that they did not seek this charter to transport the National Church unaltered to America.3 He knew that they expected some license in religious affairs. Now it is a maxim of English law, and the dictate of common sense and universal equity, that in all cases, where the import of a compact is doubtful, the bias of presumptive construction ought to incline against the pretensions of the party whose office it was to speak, and who had the power to clear every ambi -.
1 Hist. U. S., 1. 343-4.
' Hubbard, 109.
* Cokes Inst.
14
162
ACCESSION OF BOSTON MEN.
CHAP. guity away.1 Hence, if it had been the intention of the VI. monarch to have prohibited dissent, he should have said so, not by implication, but clearly and explicitly. In legisla- ting for other colonies, the formal establishment of the Church of England, to prevent innovations, was expressly enjoined ;2 and why was not a similar clause inserted in this charter, unless the king was willing to connive at the conduct of the Puritans? As this course was not taken, the inference seems just, that it was at least with his consent that the prohibition was omitted, and this pretermission, although it may not have legalized dissent, gave the emi- grants virtually all the license they required.
Mar. 2, 1628-9. Two days before this Charter received the royal signa- ture, the Company was strengthed by the accession of " ten Boston men,"3 who subscribed to its stock and partici- pated in its adventures ; and both previous and subsequent to this date, regular meetings of the Company were held for business. Mr. Endicott, who embarked for America some months before the charter was obtained, arrived at Sep. 6, Naumkeag in about eleven weeks; and a few days later Sep. 13. wrote his employers, advising them of his proceedings, and 1628. of the wants of the colony.4 Making known to the " old planters " the purchase of the property and privileges of the Dorchester Company at Cape Anne, and the formation of the new Company under whose auspices he was sent, and removing for his own residence the "frame house" which had been erected at Cape Anne," he entered upon the duties of his office as magistrate and governor.6
1 Grahame, Colon. Hist.
' Chalmers, Ann., 15-16 ; Revolt, 1. 37.
& Winthrop and Dudley may have joined at this time, (Dudley's Let., 12,) though Mr. Winthrop's name does not appear on the records until some months after.
+ Chron. Mass.
5 Felt's Salem, 1. 122; N. E. Gen. Reg., 1. 206.
6 Some of our best authorities, as Dr. Bentley, Dr. Young, and Mr. Savage, think no government was set up until after the arrival of Mr. Higginson, in 1629; and this state- ment, without doubt, is substantially correct ; yet the visit to Mt. Wol- laston seems to have been an exer- cise of magisterial power.
163
THE SECOND EMIGRATION.
The " old planters," however, who had engaged in the CHAP. cultivation of tobacco, being prohibited from continuing ~ IV. 1628. this practice,1 and fearing they were to lose their lands and rights by the absorption of their colony, complained of these changes as reducing them to vassalage ; and a con- troversy arose, which it required all the prudence of Mr. Conant to moderate.2 . To relieve these apprehensions, the Company, in their letter to Mr. Endicott, disclaimed any sinister intentions, and offered that " they should be incor- porated into the new society, and enjoy not only those lands which they had formerly manurcd, but such a further pro- portion as should be judged fit for them," and thus the dispute ended.3
In the meantime preparations were making in England for a second and more extensive emigration. The colonists under Endicott were chiefly "from Dorchester and some places adjoining,"4 and now a large company from different parts of the kingdom was ready to embark ; and, as " suit- able persons for the exercise of the ministry" were judged to be necessary, arrangements were made with Francis Higginson, of Leicestershire, a graduate of Emanuel Col- lege, and a man "mighty in the Scriptures and learned in the tongues ; " Mr. Samuel Skelton, of Lincolnshire, "of gracious speech and full of faith;" and Mr. Francis Bright, of Rayleigh, in Essex, who was "not altogether of the same persuasion as to church discipline " as his associates.5 Passage was likewise granted to Mr. Ralph Smith; but finding he was a " Separatist," order was given that, unless he would be " conformable to the government of the col- ony," he should not exercise his ministry within its jurisdic-
1 Chron. Mass., 136, 146, 147, 182.
2 Hubbard. 109-10.
: Chron. Mass., 145-6.
+ Dudley's Letter, p. 11, ed. 1696, or as in Force, vol. 2, and Chron. Mass., Chap. xvii.
5 Johnson, in 2 M. H. Coll., 2. 71-2; Dudley's Letter; Mather, 1. 322-31 ; Hubbard, 112, 121 ; Chron. Mass., 142-317; Morton's Mem., 74 ; Savage on Winthrop, 1. 30.
164
VESSELS FOR THE CONVEYANCE OF THE EMIGRANTS.
CHAP. tion, and he went first to Nantasket, and thence to Ply- VI. , mouth.1 The compact with the first three ministers has been 1629. preserved ; and from its terms, it appears that they might literally be ranked among those commended by the poet, who were
" Passing rich with thirty pounds a year.""
Three vessels were provided for the conveyance of this company ; the Talbot, of three hundred tons, chartered for the voyage, and commanded by Capt. Thomas Beccher, which was to carry "about a hundred planters ;" the George Bonaventure, of three hundred tons, also chartered, and commanded by Capt. Thomas Coxe, which was to carry fifty-two planters ; and the Lion's Whelp, a " neat and nim- ble ship " of one hundred and twenty tons, owned by the Company, and commanded by Capt. John Gibbs, which was to carry forty planters " specially from Dorsetshire and Somersetshire."3 Three others were to follow the above :- the Four Sisters, of London, burthen three hundred tons, commanded by Capt. Roger Harman ; the Mayflower, of Yarmouth, commanded by Capt. William Peirse ; and the Pilgrim, of London, commanded by Capt. William Wool- ridge. In the Mayflower and the Talbot, thirty-five of the Leyden Church were to embark for Plymouth; and most of the other passengers were for "Naumkeag and the Bay."4 It was arranged that the Talbot, the George, and the Lion's Whelp should sail first, the George having important letters to deliver to Mr. Endicott. Mr. Higgin- son, with his family, and Mr. Smith, were to embark in the
1 Chron. Mass., 151-2; 1 M. H. 186, 216 .- Higginson, Journal, in Coll., 4. 109-10 Hubbard, 97, 121. 2 Hutch. Coll., 24-5 ; Chron. Mass., 207-12.
2 Chron. Mass., 50, 179, 215, 216 ; Hutch. Coll., 33.
+ Chron. Mass., 39-47, 180, 184
Chron. Mass., 215, and Mather, 1. 328, speak of but five vessels which came over in 1629 ; but the Records of the Co. show that there were six. The Pilgrim is not noticed by Mr. Higginson.
---
165
A PROVISIONAL GOVERNMENT ESTABLISHED.
Talbot ; Mr. Skelton and his family in the George; and CHAP. Mr. Bright in the Lion's Whelp.1 When all things were IV. ready, the Lord Treasurer's warrant was obtained, for the Apr. 16, departure of " sixty women and maids, twenty-six children, 1629. and three hundred men, with victuals, arms, tools, and one hundred and forty head of cattle ; " 2 and on the following day, the last letter from the Company to Mr. Endicott was Apr. 17. subscribed. 3
As a provisional government was necessary for the col- ony, arrangements were made for its establishment, and its Apr. 30, principal officers were selected. This was to be styled 1629. " The Governor and Council of London's Plantation in the Massachusetts Bay, in New England," and was to consist of thirteen members, of whom John Endicott was chosen Governor ; and John Browne, Samuel Browne, Samuel Sharpe, Thomas Graves, and the three ministers were to be of the Council. These eight were to choose three others, from among the new emigrants or those of the previous year at their option, and the " old planters" two more, making, with the Governor, thirteen in all. This Govern- ment, it should be observed, was strictly subordinate to the Company in England ; its members were not chosen by the freemen of the place; and though its powers were extensive, they were by no means unlimited. Punishment for ordinary offenses could be inflicted, but to some cases its jurisdiction did not extend ; and in these cases, the guilty parties were to be returned to England for the final
1 Chron. Mass., 142-3; Hutch. Coll., 37.
2 Prince, from a lost leaf of the Records. Sce also, Dudley's Lett., ed. 1696; Smith, in 3 M. H. Coll., 3; and Neal's N. E., 1. 125. From inattention to this statement, respect- able authors have represented the whole emigration of 1629, as con- sisting of but two hundred persons ; but Higginson, who is quoted as authority for this statement, only
asserts that two hundred came in the George, the Talbot, and the Lion's Whelp ; and when he says : " There are with us in all, old and new planters, three hundred," it is probable that the servants, of whom there appear to have been one hundred and eighty in all, are not included in this number.
3 Chron. Mass., 141; Hazard, 1. 256-68.
.
166
INSTRUCTIONS CONCERNING THE INDIANS.
CHAP. adjudication of their offenses, where the supreme legislative VI. authority then lay. Hubbard, speaking of the position of Mr. Endicott, says, he was appointed "their Deputy Gov- ernor, in the year 1629, according to his best discretion, with due observance of the English laws, or such instruc- tions as they furnished him with, till the Patent was brought over in 1630." 1
May 21, 1629.
For the satisfaction of the adventurers, allotments of land were made, of which legal conveyances were to be given in the Company's name; houses were not to be built without the limits of the town unless by special permission ; and settlers at the Bay were to be subject to such directions as should be thought meet for that place.2 The letters of instruction to Mr. Endicott were filled with particulars relating to the colony and its interests. No offense was to be given to the natives; and, that an effort might be made to convert them to Christianity, according to the Charter, some of their children were to be "trained up to reading, and consequently to religion, while they are young." To prevent collisions, the Indians were to come to the plantation only " at certain times and places to be appointed them;" their right to the soil was to be pur- chased, "to avoid the least scruple of intrusion ; " arms were not to be sold them; and, as a guard against hos- tilities, should any be attempted, all, both planters and servants, were to be "exercised in the use of arms, and cer- tain times appointed to muster them." Thus careful were the Company of the rights of the red race. 3
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