196 THE GOVERNMENT TO MAKE LAWS. CHAP. have power, and hereby are authorized, not only to VII. remove and displace such unfit person or persons,1 1629. but also to nominate and choose a fit person or persons to succeed him or them so deceased, removed, or displaced, as aforesaid, into the said place or places, for the residue of the time unexpired. April 30. And it is further agreed on and ordered, that the Governor for the time being, shall have power, and is hereby authorized, to call courts and meetings in places and at times convenient, as to his discretion shall seem meet; which power is hereby also conferred upon the Deputy, in the absence of the said Governor. And the said Governor or Deputy, together with the said Council, being chosen and assembled as aforesaid, and having taken their oaths respectively to their several places, they, or the greater number of them, whereof the Governor or Deputy to be always one, are authorized by this Act, grounded on the power derived from his Majesty's charter, to make, ordain, and establish all manner of wholesome and reasonable laws, orders, ordinances, and constitutions,2 (so as the same be no way repugnant or contrary to the laws of the realm of England,) for the administering of justice upon malefactors, and inflicting condign punishment upon all other offenders, and for the furtherance and propagating of the said Plantation, and the more decent and orderly government of the inhabitants resident there.3 This justified Endicott in displacing the Brownes from the Council. They had been guilty, to say the least, of a misdemeanour. 2 Instructions, in the Charter and in the Company's Records. See p. 67. 3 This Act for establishing the government in New-England, is printed from the copy transcribed into the Company's Records, by Secretary Burgess, fol. 11-14. CHAPTER VIII. THE ALLOTMENT OF THE LANDS. AT a Court of Assistants on Thursday, the 21st of May, 1629.1 VIII. May 21. This Court taking into due and mature considera- CHAP. tion how necessary it will be that a dividend be forthwith made of some competent quantity of land 1629. in the London Plantation in New-England, both for the present accommodation of the people lately gone thither, as well to build them houses, as to enclose and manure, and to feed their cattle on, have thought fit and ordered, that the Governor, Deputy, and Council there shall make a dividend accordingly, and allot the same unto the several adventurers and others, as followeth, viz. That two hundred acres of land be by them allotted to each adventurer for £50 adventure in the common stock, and so after that rate, and according to that proportion, for more or less, as the adventure is, to the intent they may build their houses and improve their labors thereon. 1 See pages 74-77. 198 CHAP. THE ALLOTMENT OF LANDS. That every adventurer in the common stock, or his servant for him or on his behalf, shall make re1629. quest or demand to the Governor or Deputy and May. 21. Council, to have a proportion of land allotted unto him accordingly; and if, within ten days after such request or demand made, the same be not set out and allotted unto him, then such person or persons are, by virtue of this Act, permitted and authorized to seat him or themselves, and build his or their house or houses, and enclose and manure ground in any convenient place or places not formerly built upon or manured; provided that the land so made choice of by any such person or persons do not exceed in quantity the one half of the land which is to be allotted unto him or them by dividend, according to this order above written; with liberty also, when the first dividend shall be made, to take his or their allotment of land as others do, in lieu of this, if in the mean time the first choice shall be disliked by them, or any of them. any And for further explanation of this Act, it is thought fit, that if the plot of ground whereon the town is to be built be set out, and that it be publicly known to be intended for that purpose, that then no man shall presume to build his house in other place, unless it be in the Mattachusetts Bay, and there according to such direction as shall be thought meet for that place. And in case his allotment for building his house within the plot of ground set out for building of the town be not appointed unto him within ten days after demand or request to the Governor or the Deputy and Council for the same, it shall be free for any, being an adventurer in the THE ALLOTMENT OF LANDS. 199 VIII. 1629. May 21. common stock, or his servant for him or on his be- CHAP. half, to build his house in any place within the said plot set out for the town, and to impale to the quantity of half an acre of ground for each £50 adventure in the common stock; unless a greater or lesser proportion be formerly determined by the Governor and Council, by which each builder is to be guided and directed. It is further thought fit and ordered, that all such as go over in person, or send over others at their own charge, and are adventurers in the common stock, shall have lands allotted unto them for each person they transport to inhabit the Plantation, as well servants as all others; which fifty acres of land, so allotted to servants or others, is hereby ordered to be to and for the use of his master or setter forth, being an adventurer in the common stock, to dispose of at his discretion, in regard the master, &c. is at the charge of the said servant and others their transportation, wages, and otherwise. But for such as being no adventurers in the common stock shall transport themselves and their families, it is ordered that fifty acres of land shall be allotted and set out for the master of the family, and such a proportion of land more, if there be cause, as, according to their charge and quality, the Governor and Council of the Plantation there shall think necessary for them, whereby their charge may be fully and amply supported; unless it be to any with whom the Company in London have or shall make any other particular agreement, to which relation is to be had in such case. And to the end every adventurer may the more 200 THE ALLOTMENT OF LANDS. CHAP. safely and peaceably enjoy their said lands allotted VIII. unto them or chosen by them, and the houses they 1629. build thereupon, as abovesaid, it is thought fit and May 21. ordered by this Court, that conveyances shall be made thereof unto each particular man for the land he possesseth, in the Company's name, and the common seal of the Company to be thereunto affixed by the Governor and Council there, at the charge of the Company; which common seal is by this Court thought fit and ordered to be committed to the charge and keeping of the Governor for the time being, and in his absence, to his Deputy there. All which premises before mentioned the Company do by general consent ratify, establish and confirm; and do also order, that copies of these Acts shall be sent over to the Governor and Council there resident, subscribed by the Governor, Deputy, and six of the Assistants here, and sealed with the common seal of the Company.' 1 See page 78. This Act for the allotment of the lands is also taken from the Compa ny's Records, in the handwriting of Secretary Burgess, fol. 11-16. |