The Landing at Cape Anne; Or, the Charter of the First Permanent Colony on the Territory of the Massachusetts Company. Now Discovered and First Published from the Original Manuscript [with a Facsimile]. With an Inquiry Into Its Authority and a History of the Colony, 1624-1628, Etc

THE CHARTER.

This Indenture'

made the first day of January Anno Dni 1623, And in the Yeares of the Raigne of of Soveraigne Lord JAMES by the grace of God King of England ffrance and Ireland Defender of the ffaith &c the One and Twentyth And of Scotland the Seaven and ffyftyth Betweene the right honorable Edmond Lord Sheffeild Knight of the most noble Order of the Garter on thone part And Robert Cushman and Edward Winslowe for themselves, and theire Associats and Planters at Plymouth in New England in America on thother part. Wytnesseth that the said Lord Sheffeild (As well in consideracon that the said Robert and Edward and divers of theire Associats haue already adventured themselves in person, and have likewise at theire owne proper Costs and Charges transported dyvers persons into New England aforesaid And for that the said Robert and Edward and their Associats also intend as well to transport more persons as also further to plant at Plymouth aforesaid, and in other places in New England aforesaid As for the better Advancement and furtherance of the said Planters, and encouragement of the said Vndertakers) Hath Gyven, graunted, assigned, allotted, and appointed And by these pnts doth Gyve, graunt, assigne, allott, and appoint vnto and for the said Robert and Edward and their Associats As well a certaine Tract of Ground in New England aforesaid lying in fforty-three Degrees or thereabout of Northerly latitude and in a knowne place there comonly called Cape Anne, Together with the free vse and benefitt as well of the Bay comonly called the Bay of Cape Anne, as also of the Islands within the

1 The council's grant of Massachusetts was by "indenture; " so recited in that of March 4, 1628-9. The abbreviations and orthography of the original have been retained as far as the modern type will allow. The reader will be enabled to detect any discrepancies, by consulting the fac-simile.

SCHOOLS, CHURCHES, HOSPITALS.

said Bay And free liberty,1 to ffish, fowle, hawke, and hunt, truck, and trade in the Lands thereabout, and in all other places in New England aforesaid; whereof the said Lord Sheffeild is, or hath byn possessed, or which haue byn allotted to him the said Lord Sheffeild, or within his Jurisdiccon (not nowe being inhabited, or hereafter to be inhabited by any English) Together also with ffyve hundred Acres of free Land adioyning to the said Bay to be ymployed for publig vses, as for the building of a Towne, Scholes,2 Churches, Hospitalls, and for the mayntenance of such Ministers, Officers, and Magistrats, as by the said vndertakers, and theire Associats are there already appointed, or which hereafter shall (with theire good liking,3 reside, and inhabitt there And also Thirty Acres of Land, over and beside the ffyve hundred Acres of Land, before menconed To be allotted, and appointed for every perticuler person,4 Young, or old (being the Associats, or servants of the said vndertakers or their successo" that shall come, and dwell at the aforesaid Cape Anne within Seaven 5 yeares next after the Date hereof, which Thirty Acres of Lande soe appointed to every person as aforesaid, shall be taken as the same doth lye together vpon the said Bay in one entire place, and not stragling in dyvers, or remote parcells not exceeding an English Mile, and a halfe in length on the Waters side of the said Bay Yelding and Paying for ever yearely vnto the said Lord Sheffeild, his heires, successo", Rent gatherer, or assignes for every Thirty Acres soe to be obteyned, and possessed by

1 This and all the provisions of this charter are carefully conformed to the charter of the Council of New England, and of the "Platform" of 1622. There is a remarkable resemblance between most of the early charters.

2 Here is the embryo of New England — schools, churches, hospitals — laws and elections, controlled by the people to be only "with theire good liking," that is, "a major part of them." The first in order as in importance are the schools, supported and controlled by the public; not separate, not dissentient, not sectarian, free, open to all, secular; the benefits and the burdens to be shared alike by all this is necessary to the perpetuity of the rest. For such as are truly pious, shall find here the opportunity to put in practice the works of piety, both in building of churches, and raising of colleges for the breeding of youth, or maintenance of divines and other learned men." - The Council's "Brief Relation," etc. 1622. 3 The

germ of a Republic.

Every man a landholder.

5 This was the time named in Gilbert's and other charters, within which the patentees must avail themselves of their privileges.

6 The intent was "the building of a towne," a compact population, thus avoiding many of the evils incidental to a thinly scattered population in a new country.

TENURE.

POWERS OF GOVERNMENT.

the said Robert & Edward theire heires, successo", or Associats Twelve Pence of lawfull English money At the ffeast of St. Michaell Tharchaungell only (if it be lawfully demaunded) The first payment thereof To begynne ymediatly from and after thend and expiracon of the first Seaven yeares next after the date hereof And the said Lord Sheffeild for himself his heires, successo", and assignes doth Covenant, promise, and graunt to and with the said Robert Cushman, and Edward Winslow their heires, associats, and assignes That they the said Robert, and Edward, and such other persons as shall plant, and contract with them, shall freely and quyetly, haue, hold, possesse, and enioy All such profitts, rights, previlidges, benefits, Comodities, advantages, and preheminences, as shall hereafter by the labo', search, and diligence of the said Vndertakers their Associats, servants, or Assignes be obteyned, found out, or made within the said Tract of Ground soe graunted vnto them as aforesaid; Reserving vnto the said Lord Sheffeild his heirs, successors, and assignes The one Moyety of all such Mynes as shall be discovered, or found out at any tyme by the said Vndertakers, or any their heires, successo, or assignes vpon the Grounds aforesaid And further That it shall and may be lawfull to and for the said Robert Cushman, and Edward Winslowe their heires, associats, and assignes from tyme to tyme, and at all tymes hereafter soe soone or they or their Assignes haue taken possession, or entred into any of the said Lands To forbyd, repell, repulse and resist by force of Armes2 All and every such persons as shall build, plant, or inhabitt, or which shall offer, or make shew to build, plant, or inhabitt within the Lands soe as aforesaid graunted, without the leave, and licence of the said Robert, and Edward or theire assignes And the said Lord Sheffeild doth further Covenant, and graunt That vpon a

1 This as well as other parts of the instrument provide for the admission of new associates, or even of the assignment of the charter. The Dorchester Company may have "held" of the Plymouth people in either manner; perhaps the latter mode may be conjectured from the fact that the charter was in the possession of a Massachusetts Governor, the son of a Governor, and principal founder of the State.

2 Under this prerogative of sovereignty Governor Conant would have ample authority to repel the invasoin of his territory. See chap. v. This authority is contained in Gilbert's charter, 1578; it is also in the royal charter, which authorizes the Colonial Governors "to encounter, expulse, repel and resist by force of arms as well by sea and land" all persons not licensed to inhabit there. Here, as in all the authority granted, Lord Sheffeild has conformed his charter to the language and authority of the royal charter, and no where exceeds it.

POPULAR LEGISLATION.

ELECTIVE OFFICERS.

lawfull survey1 hadd, and taken of the aforesaid Lands, and good informacon gyven to the said Lord Sheffeild his heires, or assignes, of the Meats, Bounds, and quantity of Lands which the said Robert, and Edward their heires, associates, or assignes shall take in and be by them their Associats, Servants, or Assigns inhabited as aforesaid; he the said Lord Sheffeild his heires, or assigns, at and vpon the reasonable request of the said Vndertakers, or theire Associats, shall and will by good and sufficient Assurance in the Lawe Graunt, enfeoffe, confirm and allott vnto the said Robert Cushman and Edward Winslowe theire Associats, and Assigns All and every the said Lands soe to be taken in within the space of Seaven yeares next after the Date hereof in as larg, ample, and beneficiall manner, as the said Lord Sheffeild his heires, or assignes nowe haue, or hereafter shall have the same Lands, or any of them graunted unto him, or them; for such rent, and vnder such Covenants, and Provisoes as herein are conteyned (mutatis mutandis) And shall and will also at all tymes hereafter vpon reasonable request made to him the said Lord Sheffeild his heires, or assignes by the said Edward and Robert their heires, associats, or assignes, or any of them graunt, procure, and make good, lawfull, and sufficient Letters, or other Graunts of Incorporacon2 whereby the said Vndertakers, and their Associats shall haue liberty and lawfull authority from tyme to tyme to make and establish Lawes, Ordynnces, and Constitucons for the ruling, ordering, and governing of such persons as now are resident, or which hereafter shalbe planted, and inhabitt there And in the meane tyme vntill such Graunt be made It shalbe lawfull for the said Robert, and Edward theire heires, associats and Assignes by consent of the greater part 3 of them to Establish such Laws, Provisions

The royal charter, 1620, provides for "a commission of survey and distribution" of the lands.

2 “It is likewise provided, that all the cities in that territory, and other inferior towns where tradesmen are in any numbers, shall be incorporate and made bodies politic, to govern their affairs and people as it shall be found most behoveful for the public good of the same." - Council's "Platform of the Government." 1622. This is in exact conformity with the ample provisions of their charter. 1620.

3" And for that all men by nature are best pleased to be their own carvers, and do most willingly submit to those ordinances, or orders whereof themselves are authors, it is therefore resolved, that the general laws whereby that State is to be governed, shall be first framed and agreed upon by the general assembly of the States of those parts, both spiritual and temporal.” — Ibid.

"And there is no less care to be taken for the trade and public commerce of merchants, whose government ought to be within themselves, in respect of the several occasions arising between them, the tradesmen and other the mechanicks,

SUBORDINATION TO THE CROWN AND COUNCIL. 35

and Ordynnces as are or shalbe by them thought most fitt, and convenient for the governement of the said plantacon which shall be from tyme to tyme executed, and administred by such Officer, or Officers, as the said Vndertakers, or their Associats or the most part of them shall elect, and make choice of Provyded allwaies That the said Lawes, Provisions, and Ordynnces which are, or shall be agreed on, be not repugnant to the Lawes of England, or to the Orders, and Constitucons 2 of the President and Councell of New England Provyded further That the said Vndertakers theire heires, and successo" shall fore' acknowledg the said Lord Sheffeild his heires and successors, to be theire Chiefe Lord,3 and to answeare and doe service vnto his LoPP or his Successo", at his, or theire Court when upon his, or theire owne Plantacon The same shalbe established, and kept wytnes whereof the said parties to these present Indentures Interchaungeably have putt their Hands and Seals The day and yeares first aboue written.

*****

Seal pendent.

***********

SHEFFEYLD,

On the back of the parchment is the following attestation: "Sealed and del'd in the presence of JOHN BULMER, THO: BELWEELD, JOHN FOWLLER," an exact copy of which is inserted in the left-hand margin of the fac-simile of the charter.

The strip of parchment at the foot of the instrument, to which the seal was pendent, yet remains as represented

with whom they have most to do, and who are generally the chief inhabitants of great cities and towns in all parts."— Ibid.

Their officers or ministers, whom they employ, and whom they may be bold to question or displace, as to themselves shall seem most fitting.” — Ibid.

2 This is a recognition of the Council, as the original source of the title, and as an appellate power, agreeably to the plan of the Council, as published in 1622.

3" These lords of counties may of themselves subdivide their said county into manors and lordships, as to them shall seem best, giving to the lords thereof power of keeping of courts, and leets, as is here used in England," etc.— Ibid. 1622.

4 All the ancient legal formulas were here complied with. Blackstone, Book II. chap. 20.

« Előző Tovább »

Könyvek

The Landing at Cape Anne; Or, the Charter of the First Permanent Colony on ...