Rosenfeld Susan. Encyclopedia of American Historical Documents

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European Exploration; The Legal and Religious

Basis for European Settlement in the New World

Kenneth R. Andrews, Trade, Plunder, and Settlement:

Maritime Enterprise and the Genesis of the British

Empire, 1480–1630. New York: Cambridge University

Press, 1984.

Ralph Davis, The Rise of the Atlantic Economies. Ithaca,

N.Y.: Cornell University Press, 1973.

L. McAlister, Spain and Portugal in the New World,

1492–1700. Minneapolis, Minn.: University of Min-

nesota Press, 1984.

Samuel E. Morison, The European Discovery of America:

The Voyages. New York: Oxford University Press, 1971.

Early Settlements and Government in the

English Colonies

Samuel Eliot Morrison, ed. William Bradford, Of Ply-

mouth Plantation. New York: Knopf, 2001.

Ivor Noel Hume, The Virginia Adventure: Roanoke to

James Towne, an Archaeological and Historical Odys-

sey. Charlottesville, Va.: University Press of Virginia,

1997.

David J. Weber, The Spanish Frontier in North America.

New Haven, Conn.: Yale University Press, 1992.

UGGESTED

EADING

The other, more generally to be called by the Gover-

nor, 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 Occa-

sions concerning the Public 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:

Whereas in all other Things, we require the said Gen-

eral 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:

Provided, that no Law or Ordinance, made in the said

General Assembly, shall be or continue in Force or Valid-

ity, unless the same shall be solemnly ratified and con-

firmed, 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 Mea-

sure 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 after-

wards shall bind the said Colony, unless they be ratified in

like Manner in the General Assemblies.

In Witness whereof we have hereunto set our Com-

mon Seal, the 24th of July, 1621, and in the Year of the

Reign of our Sovereign Lord, James, King of England, etc.,

the . . . and of Scotland the . . .

Source:

Documents Illustrative of American History, 1606–1863, with

introductions and references by Howard W. Preston. New

York: G. P. Putnam’s Sons, 1886.

102 ERA 1: Three Worlds Meet

103

ERA 2

Colonization and Settlement

(ca. 1620–1762)

The earliest attempts at New World colonization oc-

curred in the 16th century and included the settlement of

St. Augustine, in what is now Florida. However, this

chapter concentrates on the English colonies that came

to fruition in the 17th and early 18th centuries and even-

tually became the earliest states. Most important to the

English government in this period were its Caribbean

colonies, which produced sugar and molasses and ful-

filled the mercantile ideal—colonies producing goods for

the enrichment of the mother country. The continental

North American colonies were not founded solely for

commercial reasons. The several proprietary colonies

founded after 1630—Maryland, New Jersey, Pennsylva-

nia and Delaware, and the Carolinas—belonged to indi-

viduals who received charters from the king. Maryland

and Pennsylvania, founded by a Catholic and a Quaker

proprietor, respectively, proposed religious toleration, as

did Rhode Island. Maryland and the Carolinas envisioned

benevolent baronial societies. Massachusetts and Con-

necticut sought to establish Puritan theocracies, while

Georgia, also a proprietary colony, provided a haven for

British convicts. American-style representative govern-

ment derives from the 17th century charters, even those

governed by proprietors. The various charters compose

the first part of Era 2.

During the 17th century, the colonial cities were what

we would now call frontier towns. Frontier conditions per-

sisted throughout this entire era in all but a few cities and

communities between the East Coast and the Appalachian

Mountains. Life was often difficult. The second section

explores colonial life from various points of view, including

that of an indentured servant and of an English captive

discussing her Native American captors. Other aspects

of colonial life are represented by Jonathan Edwards’s

famous sermon “Sinners in the Hands of an Angry God,”

illustrating the religious ideas prevalent among many New

Englanders and New Yorkers, and testimonies from the

Salem witchcraft trials.

Legal matters and rebellions dominate the next section,

including laws that governed daily life. England suffered

two major rebellions during the 17th century, with parallel

events also occurring in the New World, including the 1647

rebellion of Protestants that Margaret Brent helped quell in

Maryland and Jacob Leisler’s rebellion in New York in 1689

that followed England’s “Glorious Revolution.” Well before

England began taxing its North American colonies, their cit-

izens had developed their own political institutions to the

point where they chafed at too much control from overseas.

This section ends with two documents that express this

nascent desire for independence.

★

104 ERA 2: Colonization and Settlement

Peter Schagen, Letter to the

States General on the

Purchase of Manhattan, 1626

Report explaining Peter Minuit’s purchase of Manhattan Island

in 1626. Dutch settlers purchased the island from the resident

Manhattan tribal leaders (who didn’t actually own the land) in

exchange for trinkets of little value. Two years earlier, Dutch

settlers had begun laying the foundations for a town at the

southern tip of the island, calling the settlement New Amster-

dam. The decision to purchase this island hinged on the fact

that it could be easily defended and was centrally located

among other Dutch settlements. The colony was run by the

Dutch West India Company, a joint stock company. In 1640 it

gave up its trade monopoly and allowed other Dutch mer-

chants to invest in the town. By 1645 Dutch settlers had com-

pletely eradicated the Manhattan tribe.

________________________

_______________________

High and Mighty Lords:

Yesterday, arrived here the Ship the Arms of Amster-

dam, which sailed from New Netherland, out of the River

Mauritius, on the 23rd September. They report that our

people are in good heart and live in peace there; the

Women also have borne some children there. They have

purchased the Island Manhattes from the Indians for the

value of 60 guilders; ‘tis 11,000 morgens in size. They had

all their grain sowed by the middle of May, and reaped by

the middle of August. They send thence samples of sum-

mer grain; such as wheat, rye, barley, oats, buckwheat,

canary seed, beans and flax.

The cargo of the aforesaid ship is:—7246 Beaver skins.

178 1/2 Otter skins. 675 Otter skins. 48 Minck skins. 36

Wild cat skins. 33 Mincks. 34 Rat skins.

Considerable Oak timber and Hickory. Herewith,

High and Mighty Lords, be commended to the mercy of

the Almighty.

In Amsterdam, the 5th November, Ad 1626. Received

7th November, 1626.

Your High Mightinesses’ obedient,

(Signed) P. Schagen.

Source:

E. B. O’Callaghan. Documents Relative to the Colonial History of

the State of New York. Vol. 1. Albany, N.Y.: Weed, Parsons,

1853–87.

Charter of the Colony of

New Plymouth, 1629

This charter, also known as the Warwick Patent, granted legal

rights to the land between Narragansett Bay, in present-day

Rhode Island, and Cohasset, on the Massachusetts coast, to

Governor William Bradford and other founders of the Plymouth

Colony. A 1620 patent granted by England’s King James I had

appropriated the entire territory of New England for several

noblemen who were incorporated into the Council for New

England. The charter below, signed by council member

Robert, Earl of Warwick, transfers part of the original land

grant to Bradford. William Bradford helped organize the Pil-

grims’ journey on the

Mayflower

and drafted the Mayflower

Compact after their arrival in 1620. He was elected governor

of the colony 30 times. His written accounts of life in the

colony,

Mourt’s Relation

(with Edward Winslow) and

A History

of Plymouth Plantation

, offer invaluable insights into the lives

of the Pilgrims. In 1640 he relinquished his proprietary control

over the colony to the freemen, or voters, of Plymouth.

________________________

_______________________

To all to whom these presents shall come greetinge:

Whereas our late sovereigns lord king James for the

advancement of a collonie and plantacon in the cuntry

called or knowne by the name of New Englande in Amer-

ica, by his highnes letters patients under the greate scale of

Englande bearingedate att Westminster the third day of

November in the eighteenth yeare of his highnes raigne of

England, &c. did give graunte and confirms unto the right

honoble Lodowicke late lord duke of Lenox, George late

marques of Buckingham, James marques Hamilton,

Thomas earle of Arundell, Robert earle of Warwicke and

Ferdinando Gorges, Knight, and divers others whose

names are expressed in the said letters pattents and their

successors that they should be one bodie pollitique and

corporate perpeturely consistinge of forty persons, and

that they should have perpetual succession and one com-

mon scale to serve for the said body and that they and their

successors should be incorporated called and knowne by

the name of the Councill established at Plymouth in the

county of Devon for the planting, rulinge orderinge and

governinge of New Englande in America, and alsoe of his

speciall grace certaine knowledge and more motion did

give graunte and confirms unto the said presidents and

councill and their successors forever under the reserva-

tions limitations and declaracons in the said letters pattents

The Establishment of Colonies and Settlements

expressed, all that part and portion of the said country

called New-England in America scituate, and lyinge and

being in breadth from ffourty degrees northerly latitude

from the equinoctiall line to ffourty eight degrees of the

said northerly latitude inclusively, and in length of and in

all the breadth aforesaide throughout the maine land from

sea to sea, together alsoe with all the firms landes soyles

grounds creeks inletts havens portes seas rivers islands

waters fishinges mynes and mineralls as well royall mines

of gold and silver as other mines and mineralls pretious

stones quarries and all and singular the commodities juris-

diccons royalties privileges ffranchises and preheminences

both within the said tracte of lands upon the maine, as also

within the said islands and seas adioyninge: To have hold

possesse and enjoy all and singuler the foresaid continents

landes territories islands hereditaments and prcints sea

waters fishinges with all and all manner their commodities

royalties privileges preheminences and proffitts that shall

arise from thence, with all and singuler their appurtenaces

and every parte and parcell thereof unto the said councell

and their successors and assignee forever: To be holden of

his Matie, his heirs and successors as of his mannor of East

Greenwiche in the county of Kent in free and common

soccage and not in capite nor by Knights service yeeldinge

and payinge therefore to the said late king’s Matie, his

heires and successors the fifte parte of the oare of gold and

silver which from tyme to tyme and aft all tymes from the

date of the said letters pattents sholbe there gotten had

and obtained for and in respect of all and all manner of

duties demands and services whatsoever to be done made

and paid unto his said late Matie, his heirs and successors

as in and by the said letters patients amongst sundry other

privileges and matters therein contained more fully and at

large it doth and may appease. Now knowe ye that the said

councell by virtue and authority of his said late Man letters

patients and for and in consideracon that William Bradford

and his associatts have for these nine yeares lived in New

Englande aforesaid and have there inhabited and planted

a towne called by the name of New Plimouth att their own

proper costs and charges: And now seeinge that by the spe-

ciall providence of God, and their extraordinary care and

industry they have increased their plantacon to neere three

hundred people, and are uppon all occasions able to

relieve any new planters or others his Mats subjects whoe

may fall uppon that coaste; have given granted bargained

sould enfeofed allotted assigned and sett over and by these

presents doe cleerly and absolutely give graunt bargaine

sell alien enfeoffe allots assigne and confirme unto the said

William Bradford, his heires associatts and assignee all that

part of New-Englande in America aforesaid and tracte and

tractes of lande that lye within or betweene a certaine riv-

olet or rundlett there commonly called Coa hassett alias

Cona hassett towards the north, and the river commonly

called Naragansets river towards the south; and the great

westerne ocean towards the east, and betweene and within

a straight line directly extendinge upp into the maine land

towards the west from the mouth of the said river called

Naragansetts river to the utmost limitts and bounds of a

cuntry or place in New Englande called Pokenacutt alias

Sowamsett westward, and another like straight line

extendinge itself directly from the mouth of the said river

called Coahassett alias-Cone hassett towards the west so

farr upp into the maine lande westwardes as the utmost

limitts of the said place or cuntry commonly called Poken-

cutt alias Sowamsett doe extend, together with one half of

the said river called Naragansetts and the said rivolett or

rundlett called Coahassett alias Conahassett and all lands

rivers waters havens creeks ports fishings fowlings and all

hereditaments proffitts comodities and emoluments what-

soever situate lyinge and beinge or ariseinge within or

betweene the said limitts and bounds or any of them. And

for as much as they have noe conveniente place-either of

tradinge or ffishinge within their own precints whereby

(after soe longe travell and great paines,) so hopefull a

plantacon may subsiste, as alsoe that they may bee incour-

aged the better to proceed in soe pious a worke which may

especially tend to the propagation of religion and the great

increase of trade to his Mats realmes, and advancemente

of the publique plantacon, the said councell have further

given graunted bargained sold enfeoffed allotted assigned

and sett over and by these presentes doe cleerely and abso-

lutely give graunte bargaine sell alien enfeoffe allots

assigne and confirme unto the said William Bradford his

heires associate and assignee all that tracte of lande or

parte of New England in America aforesaid wch lyeth

within or betweene and extendeth itself from the utmost

limitts of Cobbiseconte alias Comasee-Conte which

adjoineth to the river of Kenebeke alias Kenebekike

towards the westerne ocean and a place called the falls att

Mequamkike in America aforesaid, and the space of fif-

teene Englishe miles on each side of the said river com-

monly called Kenebek river, and all the said river called

Kenebek that lies within the said limitts and bounds east-

ward westward northward or southward laste above men-

tioned, and all lands grounds soyles rivers waters fishings

hereditamts and proffitts whatsoever situate lyinge and

beinge arisinge happeninge or accrueinge, or which shall

arise happen or accrue in or within the said 1imitts and

boundes or either of them together with free ingresse

egresse and regresse with shipps boates shallopps and

other vessels from the sea commonly called the westerne

ocean to the said river called Kennebek and from the said

river to the said westerne ocean, together with all prerog-

atives rights royalties jurisdiccons, preveledges ffranchises

liberties and guerenities, and alsoe marine liberty with the

escheats and casualties thereof the Admiralty Jurisdiccon

The Establishment of Colonies and Settlements 105

excepted with all the interest right title claime and

demande whatsoever which the said councell and their

successors now have or ought to have and claime or may

have and acquire hereafter in or to any the said porcons or

tractes of land hereby menconed to be graunted, or any

the premisses in as free large ample and beneficiall man-

ner to all intents, construccons and purposes whatsoever as

the said councell by virtue of his Mats said letters pattents

may or can graunte; to have and to horde the said tracte

and tractes of lande and all and singular the premisses

above menconed to be graunted with their and every of

their appurtenances to the said William Bradford his

heires associatts and assignee forever, to the only proper

and absolute use and behoofe of the said William Bradford

his heires associate and assignee forever; Yeeldinge and

payinge unto our said soveraigne Lord the Kinge, his

heires and successors forever one-fifte parte of the oare of

the mines of gold and silver and one other fifte parte

thereof to the presidents and councell, which shall be had

possessed and obtained within the precints aforesaid for all

services and demands whatsoever. And the said councell

doe further graunt and agree to and with the said William

Bradford his heires associatts and assignee and every of

them, his and their Factors agents tenants and servants

and all such as hee or they shall send and employ aboute

his said particular plantacon, shall and may from tyme to

tyme Freely and lawfully goe and returne trade and traf-

fique as well with the Englishe as any of the natines within

the precints aforesaid, with liberty of fishinge uppon any

parte of the sea coaste and sea shoares of any the seas or

islands adjacente and not beinge inhabited or otherwise

disposed of by order of the said presidents and councell:

also to importe exporte and transports their goods and

merchandise aft their wills and pleasures paying only such

duty to the Kings Matie, his heires and successors as the

said Presidente and councell doe or ought to pay without

any other taxes impositions burdens and restraints uppon

them to be imposed. And further the said councell doe

graunt and agree to and with the said William Bradford his

heires associatts and assignee, that the persons transported

by him or any of them shall not be taken away, ymployed

or commanded either by the Governor for the tyme beinge

of New Englande or by any other authority there, from the

business and employments of the said William Bradford

and his associatts his heires and assignee; necessary [to

the] defence of the cuntry preservacon of the peace sup-

pressinge of tumults within the lands, trialls in matters of

justice by appeale uppon spetiall occasion only excepted.

Alsoe it shall be lawfull and free for the said William Brad-

ford his associatts his heires and assignee aft all tymes

hereafter to incorporate by some usual or ffit name and

title, him or themselves or the people there inhabitinge

under him or them with liberty to them and their succes-

sors from tyme to tyme to frame, and make orders ordi-

nances and constitucons as well for the better governmt of

their affairs here and the receavinge or admittinge any to

his or their society as alsoe for the better governmt of his

or their people and affaires in New Englande or of his and

their people att sea in goeinge thither, or returninge from

thence, and the same to putt in execucon or cause to be

putt in execucon by such officers and ministers as he and

they shall authorize and depute: Provided that the said

lawes and orders be not repugnante to the lawes of En-

glande, or the frame of governments by the said presidents

councell hereafter to be established. And further it shall be

lawfull and free for the said William Bradford, his heires

associate and assignee to transports cattle of all kinds, alsoe

powder shot ordnance and municon from tyme to tyme as

shal be necessary for their strength and safety hereafter for

their several defence; to encounter expulse repell and

resiste by force of armes as well by sea as by lande, by all

waies and meanes whatsoever. And by virtue of the author-

ity to Us derived by his said late Mats letters pattents to

take apprehend seize and make prize of all such persons

their shipps and goods as shall attempte to inhabite or

trade with the savage people of that cuntry within the sev-

erall precincts and limitts of his and their severall planta-

con, or shall enterprise or attempt aft any tyme destruccon

invasion detriment or annoyance to his and their said plan-

tacon; the one moiety of which goods soe siezed and taken

it shal be lawfull for the said William Bradford his heires

associate and assignee to take to their own use and

behoofe; the other moiety thereof to be delivered by the

said William Bradford his heires associats and assignee to

such officer and officers as shalbe appointed to receave the

same for his Mats use. And the said councell do hereby

covenante and declare that it is their intense and meaninge

for the good of this plantacon that the said William Brad-

ford his associate his or their heires or assignee shall have

and enjoy whatsoever privilege or privileges of what kinde

soever, as are expressed or intended to be graunted in and

by his said late Mats letters pattents, and that in as large

and angle manner as the said councell thereby now may or

hereafter can graunte, coyninge of money excepted. And

the said councell for them and their successors doe

covenante and graunte to the said William Bradford, his

heires associates and assignee by these presents, that they

the said councell shall at any time hereafter uppon request

aft the only proper costs and charges of the said William

Bradford, his heires associate and assignee doe make suf-

fer execute and willingly consent unto any further act or

actes, conveyance or conveyances, assurance or assurances

whatsoever, for the good and perfect investinge assureinge

and conveyinge and sure makinge of all the aforesaid

tracte and tractes of landes royalties mines mineralls

woods fishinges and all and singular their appurtenances,

unto the said William Bradford his heires associate and

assignee as by him or them or his or their heires or

106 ERA 2: Colonization and Settlement

assignee, or his or their councell learned in the law shalbe

devised, advised and required. And lastly know yee that

wee the said counsell have made constituted deputed

authorized and appointed Captaine Miles Standish, or in

his absence Edward Winslowe, John Howlande and John

Alden, or any of them to be our true and lawful attorney

and attornies jointly and severally in our name and steed to

enter into the said tracte and tractes of lande and other the

premises with their appurtenances, or into some parte

thereof in the name of the whole for us and in our names

to take possession and seisin thereof, and after such pos-

session and seisin thereof or of some parte thereof in the

name of the whole had and taken; then for us and in our

names to deliver the full and peacable possession and

seisin of all and singular the said menconed tobe graunted

premisses unto the said William Bradford his heires asso-

ciatts and assignee or to his or their certaine attorney or

atturnies in that behalf ratifyinge alloweinge and con-

firminge all whatsoever our said atturney doe in or about

the premisses. In witness whereof, the aid councell estab-

lished aft Plimouth in the county of Devon for the

plantinge rulinge orderinge and governinge of New En-

gland in America have hereunto putt their scale the thir-

teenth day of January in fifte yeare of the raigne of our

Soveraigne Lord Charles by the grace of God, Kinge of

Englande Scotland Fraunce and Ireland defender of the

ffaithe &c. Anno Domi 1629.

(SEAL) R. Warwicke.

See also

JAMES I

CHARTER OF NEW ENGLAND

, 1620.

Source:

Francis Newton Thorpe, ed. The Federal and State Constitu-

tions, Colonial Charters, and Other Organic Laws of the

States, Territories, and Colonies Now or Heretofore Forming

the United States of America. Washington, D.C.: Govern-

ment Printing Office, 1909.

Massachusetts Bay Colony Charter, 1629

Royal charter of 1629 that confirmed to a group of influential

Puritans, merchants, and others the power to trade and colo-

nize in New England between the Charles and Merrimack

Rivers. It gave to the approximately 1,000 immigrants local

powers of self-government and general court jurisdiction to

admit new members as a means of limiting the voting in the

colony to those of their own religious beliefs;—consequently,

within a few years the enterprise was transformed from a trad-

ing company into a theocracy almost devoid of outside con-

trol. Dissent resulted in the voluntary exile of founders of

Connecticut and the forced exile of founders of Rhode Island

towns. On January 1, 1680, New Hampshire was formally

separated from the Massachusetts Bay Colony and became an

independent royal colony with four major towns: Portsmouth,

Hampton, Dover, and Exeter. Its charter appointed a council

and commissioned John Cutt as president of the council. The

new government was endowed with the power to preside over

civil and criminal matters and to make intercessions on behalf

of the English Crown. However, John Cutt died within a year

of his appointment, and the province entered a 20-year period

of social and political instability. Between 1689 and 1696,

New Hampshire lost approximately one-tenth of its population

to Indian attacks. Many residents advocated reannexation with

Massachusetts, but London officials decided on a compro-

mise: New Hampshire would remain an independent state,

but it would share a governor with Massachusetts. This

arrangement remained in effect until 1740, when New Hamp-

shire was granted its own royal governor as a result of bound-

ary disputes with Massachusetts.

________________________

_______________________

CHARLES, by the Grace of God, Kinge of England, Scot-

land, France, and Ireland, Defendor of the Fayth, etc., To

all to whome theis Presentes shall come, Greeting.

Whereas our most deare and royall father Kinge James, of

blessed memory, by his Highness letters patentes beareing

date of Westminster the third day of November, in the

eighteenth yeare of his raigne, Hath given and graunted

unto the Councell established at Plymouth in the County

of Devon, for the planting, ruling, ordering, and governing

of Newe England in America, and to their successors and

assignes for ever: All that parte of America lyeing and

being in bredth from forty degrees of northerly latitude

from the equinoctiall lyne, to forty eight degrees of the

saide northerly latitude inclusively, and in length of and

within all the breadth aforesaid throughout the maine lan-

des from sea to sea, together, also, with all the firme lan-

des, soyles, groundes, havens, portes, rivers, waters,

fishing, mynes, and myneralls, aswell royall mynes of gould

and silver, as other mynes and myneralls, precious stones,

quarries, and all and singuler other commodities, jurisdic-

tions, royalties, priviledges, franchises, and prehemy-

nences, both within the said tract of lande upon the

mayne, and also within the islandes and seas adjoining:

Provided alwayes, That the saide islandes or any the

premises by the said letters patentes intended and meant

to be graunted were not then actuallie possessed or inhab-

ited by any other Christian Prince or State, nor within the

boundes, lymittes, or territories of the Southerne Colony

then before graunted by our said deare father, to be

planted by divers of his loveing subjectes in the south

partes. To have and to houlde, possesse, and enjoy all and

singuler the aforesaid continent, landes, territories,

islands, hereditamentes, and precinctes, seas, waters,

fishinges, with all and all manner their commodities, royal-

ties, liberties, prehemynences, and profittes that should

The Establishment of Colonies and Settlements 107

from thenceforth arise from thence, with all and singuler

their appurtenances, and every parte and parcell thereof,

unto the saide Councell and their successors and assignes

for ever, To the sole and proper use, benefitt, and behoofe

of them the saide Councell and their successors and

assignes for ever: To be houlden of our saide most deare

and royall father, his heires, and successors, as of this man-

ner of Eastgreenewich, in the County of Kent, in free and

common Soccage, and not in Capite nor by Knightes Ser-

vice. Yeildinge and paying therefore to the saide late

Kinge, his heires, and successors the fifte parte of the oare

of gould and silver which should, from tyme to tyme, and

at all tymes then after, happen to be found, gotten, had,

and obteyned in, att, or within any of the saide landes,

lymyttes, territories, and precinctes, or in or within any

parte or parcell thereof, for or in respect of all and all man-

ner of duties, demaunds, and services whatsoever to be

don, made, or paide to our saide dear father, the late

Kinge, his heires, and successors, As in and by the saide

letters patentes (amongest sundrie other clauses, powers,

priviledges, and grauntes therein conteyned) more at large

appeareth. And whereas the saide Councell, established at

Plymouth, in the County of Devon, for the plantinge, rul-

ing, ordering, and governing of Newe England in America,

have, by their deede, indented under their common seale,

bearing date the nyneteenth day of March last past, in the

third yeare of our raigne, given, graunted, bargained,

spulde, enfeoffed, aliened, and confirmed to Sir Henry

Rosewell, Sir John Young, knightes, Thomas Southcott,

John Humphrey, John Endecott, and Symon Whetcombe,

their heires and associates for ever, All that parte of Newe

England in America aforesaid which lyes an extendes

betweene a greate river there commonlie called Mono-

mack, alias Merriemack, and a certen other river there

called Charles river, being in the bottome of a certayne bay

there commonlie called Massachusettes, alias Mat-

tachusettes, alias Massatusettes bay, and also all and sin-

guler those landes an hereditamentes whatsoever lyeing

within the space of three English myles on the south parte

of the saide Charles river, or of any or everie parte thereof:

And also all and singuler the landes and hereditamentes

whatsoever, lyeing and being within the space of three

English myles to the southwarde of the southermost parte

of the saide bay, called Massachusettes, alias Mat-

tachusetes, alias Massatusetes, bay: And also all those lan-

des and hereditamentes 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 lan-

des and hereditamentes whatsoever, lyeing within the

lymyttes 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, and all landes and

groundes, place and places, soyles, woodes and wood

groundes, havens, portes, rivers, waters, fishinges, and

hereditamentes whatsoever, lyeing within the said boundes

and lymyttes, and everie parte and parcell thereof: And

also all islandes lyeing in America aforesaide, in the saide

seas, or either of them, on the westerne or easterne coastes

or partes of the saide tractes of lande by the saide inden-

ture mentioned to be given, graunted, bargained, sould,

enfeoffed, aliened, and confirmed, or any of them: And

also all mynes and myneralls, as well royall mynes of gould

and silver, as other mynes and myneralls whatsoever in the

saide landes and premises, or any parte thereof: And all

jurisdictions, rightes, royalties, liberties, freedomes,

ymmunities, priviledges, franchises, preheminences, and

commodities whatsoever, which they, the saide Councell,

established at Plymouth, in the County of Devon, for the

planting, ruling, ordering, and governing of Newe England

in America, then had or might use, exercise, or enjoy in

and within the saide landes and premisses by the saide

indenture mentioned to be given, graunted, bargained,

sould, enfeoffed, and confirmed, or in or within any parte

or parcell thereof. To have and to hould the saide parte of

Newe England in America which lyes and extendes and is

abutted as aforesaide, and every parte and parcell thereof:

And all the saide islandes, rivers, portes, havens, waters,

fishinges, mynes and mineralls, jurisdictions, franchises,

royalties, liberties, priviledges, commodities, heredita-

mentes, and premisses whatsoever, with the appurte-

nances, unto the saide Sir Henry Rosewell, Sir John

Younge, Thomas Southcott, John Humfrey, John Ende-

cott, and Simon Whetcombe, their heires and assignes,

and their associattes, to the onlie proper and absolute use

and behoofe of the said Sir Henry Rosewell, Sir John

Younge, Thomas Southcott, John Humfrey, John Ende-

cott, and Symon Whettcombe, their heires and assignes,

and their associattes, for evermore. To be houlden of us,

our heires and successors, as of our mannor of Eastgree-

newich, in the County of Kent, in free and common

Socage, and not in Capite, nor by knightes service, yeilding

and payeing therefore unto us, our heires and successors,

the fifte parte of the oare of goulde and silver which shall,

from tyme to tyme, and all tymes hereafter, happen to be

founde, gotten, had, and obteyned in any of the saide lan-

des within the saide lymyttes, or in or within any parte

thereof, for and in satisfaction of all manner duties,

demaunds, and services whatsoever, to be donn, made, or

paid to us, our heires or successors, as in and by the said

recited indenture more at large maie appeare. Nowe

knowe yee, that wee, at the humble suite and petition of

the saide Sir Henry Rosewell, Sir John Younge, Thomas

Southcott, John Humfrey, John Endecott, and Simon

Whetcombe, and of others whome they have associated

unto them, have, for divers good causes and considerations

108 ERA 2: Colonization and Settlement

us moveing, graunted and confirmed, And by theis pre-

sentes of our especiall grace, certen knowledge, and meere

motion, doe graunt and confirme unto the saide Sir Henry

Rosewell, Sir John Younge, Thomas Southcott, John Hum-

frey, John Endecott, and Simon Whetcombe, and to their

associates hereafter named, (videlicet,) Sir Richard Salton-

stall, knight, Isaack Johnson, Samuel Aldersey, John Ven,

Mathew Cradock, George Harwood, Increase Nowell,

Richard Perry, Richard Bellingham, Nathaniell Wright,

Samuell Vassall, Theophilus Eaton, Thomas Goffe,

Thomas Adams, John Browne, Samuell Browne, Thomas

Hutchins, William Vassall, William Pinchion, and George

Foxcrofte, their heires and assignes, All the saide parte of

Newe England in America, lyeing and extending betweene

the boundes and lymittes in the said recited indenture

expressed, and all landes and groundes, place and places,

soyles, woodes and wood groundes, havens, portes, rivers,

waters, mynes, mineralls, jurisdictions, rightes, royalties,

liberties, freedomes, immunities, priviledges, franchises,

preheminences, hereditamentes, and commodities what-

soever to them the saide Sir Henry Rosewell Sir John

Younge, Thomas Southcott, John Humfrey, John Ende-

cott, and Simon Whetcombe, their heires and assignes,

and to their associattes, by the saide recited indenture

given, graunted, bargayned, solde, enfeoffed, aliened, and

confirmed, or mentioned or intended thereby to be given,

graunted, bargayned, sold, enfeoffed, aliened, and con-

firmed. To have and to hould the saide parte of Newe En-

gland in America, and other the premisses hereby

mentioned to be graunted and confirmed, and every parte

and parcell thereof, with the appurtenances, to the saide

Sir Henry Rosewell, Sir John Younge, Sir Richard Salton-

stall, Thomas Southcott, John Humfrey, John Endecott,

Simon Whetcombe, Isaack Johnson, Samuell Aldersey,

John Ven, Mathewe Cradock, George Harwood, Increase

Nowell, Richard Pery, Richard Bellingham, Nathaniell

Wright, Samuell Vassall, Theophilus Eaton, Thomas

Goffe, Thomas Adams, John Browne, Samuell Browne,

Thomas Hutchins, William Vassall, William Pinchion, and

George Foxcrofte, their heires and assignes for ever, to

their onlie proper and absolute use and behoofe for ever-

more. To be holden of us, our heires and successors, as of

our mannor of Eastgreenewich aforesaid, in free and com-

mon Socage, and not in Capite nor by knightes service, and

also yeilding and paying therefore to us, our heires and

successors, the fifte parte onlie of all oare of gould and sil-

ver, which, from tyme to tyme, and att all tymes hereafter

shalbe there gotten, had, or obteyned, for all services,

exactions, and demaunds whatsoever, according to the

tenure and reservation in the said recited indenture

expressed. And further knowe yee, That, of our more espe-

ciall grace, certen knowledg, and meere motion, Wee have

given and graunted, And by theis presentes doe for us, our

heires and successors, 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, their 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 certain other river there called

Charles river, being in the bottome of a certen bay there

commonlie called Massachusettes, alias Mattachusettes,

alias Massatusettes bay: And also all and singuler those lan-

des and hereditamentes 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 heredita-

mentes whatsoever lyeing and being within the space of

three Englishe myles to the southward of the southermost

parte of the said baye called Massachusettes, alias Mat-

tachusettes, alias Massatusetes bay: And also all those lan-

des and hereditamentes 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 norward of any and every parte thereof, and all landes

hereditamentes whatsoever, lyeing within the lymittes

aforesaide, north and south, in latitude and bredth, and in

length and longitude, and of within all the bredth afore-

saide, 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: And all landes and

groundes, place and places, soyles, woodes and wood

groundes, havens, portes, rivers, waters, and heredita-

mentes whatsoever, lyeing within the said boundes and

lymyttes, and every parte and parcell thereof, and also all

islandes in America aforesaide, in the saide seas, or either

of them, on the westerne or easterne coastes, or partes of

the saide tractes of landes hereby mentioned to be given

and graunted, or any of them, and all mynes and myneralls,

aswell royall mynes of gould and silver as other mynes and

myneralls whatsoever, in the said landes and premises, or

any parte thereof, and free libertie of fishing in or within

any the rivers or waters within the boundes and lymyttes

aforesaid, and the seas thereunto adjoining: And all fishes,

royal fishes, whales, balan, sturgions, and other fishes, or

what kinde or nature soever that shall at any tyme here-

after be taken in or within the saide seas or waters, or any

of them, by the said Sir Henry Rosewell, Sir John Younge,

Sir Richard Saltonstall, Thomas Southcott, John Humfrey,

John Endecott, Simon Whetcombe, Isaack Johnson,

Samuell Aldersey, John Ven, Mathewe Cradock, George

Harwood, Increase Noell, Richard Pery, Richard Belling-

The Establishment of Colonies and Settlements 109

ham, Nathaniell Wright, Samuell Vassall, Theophilus

Eaton, Thomas Goffe, Thomas Adams, John Browne,

Samuell Browne, Thomas Hutchins, William Vassall,

William Pinchion, and George Foxcrofte, their heires and

assignes, or by any other person or persons whatsoever

there inhabiting, by them, or any of them, to be appointed

to fishe therein. Provided, alwayes, that yf the said landes,

islandes, or any other the premises herein before men-

tioned, and by theis presentes intended and meant to be

graunted, were, at the tyme of the graunting of the saide

former letters patentes, dated the third day of November,

in the eighteenth yeare of our said deare fathers raigne

aforesaide, actuallie possessed or inhabited by any other

Christian Prince or State, or were within the boundes,

lymyttes, or territories of that Southerne Colony then

before graunted by our said late father to be planted by

divers of his loveing subjectes in the south partes of Amer-

ica, That then this present graunt shall not extend to any

such partes or parcells thereof, soe formerly inhabited or

lyeing within the boundes of the southerne plantation as

aforesaide, but as to those partes or parcells soe possessed

or inhabited by such Christian Prince or State, or being

within the bounders aforesaid, shalbe utterly voyd, theis

presentes or any thinge therein conteyned to the contrarie

notwithstanding. To have and to hould, possesse and enjoy

the saide partes of Newe England in America, which lye,

extend, and are abutted as aforesaid, and every parte and

parcell thereof: And all the islandes, rivers, portes, havens,

waters, fishinges, fishes, mynes, myneralls, jurisdictions,

franchises, royalties, liberties, privileges, commodities, and

premises whatsoever, with the appurtenances, unto the

said Sir Henry Rosewell, Sir John Younge, Sir Richard

Saltonstall, Thomas Southcott, John Humfrey, John Ende-

cott, Simon Whetcombe, Isaack Johnson, Samuell Alder-

sey, John Ven, Mathewe Cradock, George Harwood,

Increase Nowell, Richard Perry, Richard Bellingham,

Nathaniell Wright, Samuell Vassall, Theophilus Eaton,

Thomas Goffe, Thomas Adams, John Browne, Samuell

Browne, Thomas Hutchins, William Vassall, William Pin-

chion, and George Foxcroft, their heires and assignes for-

ever, to the onlie proper and absolute use and behoufe of

the said Sir Henry Rosewell, Sir John Younge, Sir Richard

Saltonstall, Thomas Southcott, John Humfrey, John Ende-

cott, Simon Whetcombe, Isaac Johnson, Samuell Aldersey,

John Ven, Mathewe Cradocke, George Harwood, Increase

Nowell, Richard Pery, Richard Bellingham, Nathaniell

Wright, Samuell Vassall, Theophilus Eaton, Thomas

Goffe, Thomas Adams, John Browne, Samuell Browne,

Thomas Hutchins, William Vassall, William Pinchion, and

George Foxcroft, their heires and assignes forevermore.

To be holden of us, our heires and successors, as of our

mannor of Eastgreenewich, in our Countie of Kent, within

our realme of England, in free and common soccage, and

not in Capite nor by knightes service, and also yeilding and

paying therefore to us, our heires and successors, the fifte

parte onlie of all oare of gould and silver which, from tyme

to tyme, and at all tymes hereafter, shalbe there gotten,

had, or obteyned for all services, exactions, and demaun-

des whatsoever. Provided alwaies, and our expresse will

and meaninge is, That onlie one fifte parte of the gould

and silver oare abovementioned in the whole, and noe

more, be reserved or payeable unto us, our heires and suc-

cessors, by collour or vertue of theis presentes. The double

reservations or recitalls aforesaid, or any things herein con-

teyned, notwithstanding. And forasmuch as the good and

prosperous successe of the plantation of the saide partes of

Newe England aforesaid intended by the said Sir Henry

Rosewell, Sir John Younge, Sir Richard Saltonstall,

Thomas Southcott, John Humfrey, John Endecott, Simon

Whetcombe, Isaack Johnson, Samuell Aldersey, John Ven,

Mathewe Cradock, George Harwood, Increase Noell,

Richard Pery, Richard Bellingham, Nathaniell Wright,

Samuell Vassall, Theophilus Eaton, Thomas Goffe,

Thomas Adams, John Browne, Samuell Browne, Thomas

Hutchins, William Vassall, William Pinchion, and George

Foxcrofte, to be speedily sett upon, cannot but chiefly

depend next under the blessing of Almightie God and the

support of our royall authoritie, upon the good govern-

ment of the same, To the ende that the affaires and

busyssinesses which, from tyme to tyme, shall happen and

arise concerning the saide landes and the plantation of the

same, maie be the better mannaged and ordered. Wee

have further hereby, of our especiall grace, certen knowl-

edge, and meere motion, given, graunted, and confirmed,

And for us, our heires and successors, doe give, graunt, and

confirme unto our saide trustie and welbeloved subjectes,

Sir Henry Rosewell, Sir John Younge, Sir Richard Salton-

stall, Thomas Southcott, John Humfrey, John Endicott,

Simon Whetcombe, Isaack Johnson, Samuell Aldersey,

John Ven, Mathewe Cradock, George Harwood, Increase

Nowell, Richard Pery, Richard Bellingham, Nathaniell

Wright, Samuel Vassall, Theophilus Eaton, Thomas Goffe,

Thomas Adams, John Browne, Samuell Browne, Thomas

Hutchins, William Vassall, William Pinchion, and George

Foxcrofte: And for us, our heires and successors, wee will

and ordeyne, That the saide Sir Henry Rosewell, Sir John

Yong, Sir Richard Saltonstall, Thomas Southcott, John

Humfrey, John Endicott, Symon Whetcombe, Isaack

Johnson, Samuell Aldersey, John Ven, Mathewe Cradock,

George Harwood, Increase Noell, Richard Pery, Richard

Bellingham, Nathaniell Wright, Samuell Vassall,

Theophilus Eaton, Thomas Goffe, Thomas Adams, John

Browne, Samuell Browne, Thomas Hutchins, William Vas-

sal, William Pinchion, and George Foxcrofte, and all such

others as shall hereafter be admitted and made free of the

Company and Society hereafter mentioned, shall, from

tyme to tyme, and at the tymes for ever hereafter, be, by

vertue of theis presentes, one body corporate and politique

110 ERA 2: Colonization and Settlement

in fact and name, by the name of the Governor and Com-

pany of the Mattachusettes Bay in New England: And

them by the name of the Governor and Company of the

Mattachusettes Bay in Newe England, one bodie politique

and corporate in deede, fact, and name, Wee doe for us,

our heires and successors, make, ordeyne, constitute, and

confirme by theis presentes, and that by that name they

shall have perpetuall succession: And that by the same

name they and their successors shall, and maie be capeable

and enabled, aswell to implead and to be impleaded, and

to prosecute, demaund, and aunswere, and be aunsweared

unto, in all and singuler suites, causes, quarrells, and

actions of what kinde or nature soever. And also to have,

take, possesse, acquire, and purchase any landes, tene-

mentes, or hereditamentes, or any goodes or chattells, And

the same to lease, graunt, demise, alien, bargaine, sell, and

dispose of as other our liege people of this our realme of

England, or any other corporation or body politique of the

same maie lawfullie doe: and, further, that the said Gover-

nor and Companye and their successors maie have for ever

one common seale, to be used in all causes and occasions

of the said Company, and the same seale maie alter,

chaunge, breake, and newe make, from tyme to tyme, at

their pleasures. And our will and pleasure is, And wee doe

hereby for us, our heires and successors, ordeyne and

graunte, That, from henceforth for ever, there shalbe one

Governor, one Deputy Governor, and eighteene Assis-

tantes of the same Company, to be from tyme to tyme con-

stituted, elected, and 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, for, and concerning the saide landes and

premises hereby mentioned to be graunted, and the

plantacion thereof, and the government of the people

there. And for the better execution of our royall pleasure

and graunte in this behalf, wee doe, by theis presentes, for

us, our heires and successors, nominate, ordeyne, make,

and constitute our wellbeloved the saide Mathewe

Cradocke to be the first and present Governor of the said

Company, and the saide Thomas Goffe to be Deputy Gov-

ernor of the saide Company, and the saide Sir Richard

Saltonstall, Issack Johnson, Samuell Aldersey, John Ven,

John Humfrey, John Endecott, Simon Whetcombe,

Increase Noell, Richard Pery, Nathaniell Wright, Samuell

Vassall, Theophilus Eaton, Thomas Adams, Thomas

Hutchins, John Browne, George Foxcrofte, William Vas-

sal, and William Pinchion to be the present Assistantes of

the saide Company, to continue in the saide severall offices

respectivelie for such tyme and in such manner as in and

by theis presentes is hereafter declared and appointed.

And, further, wee will, and by theis presentes for us, our

heires and successors, doe ordeyne and graunt, That the

Governor of the saide Company, for the tyme being, or in

his absence, by occasion of sicknes or otherwise, the

Deputie Governor, for the tyme being, shall have authori-

tie, from tyme to tyme, upon all occasions, to give order for

the assembling of the saide Company, and calling them

together to consult and advise of the business and affaires

of the saide Company. And that the said Governor,

Deputie Governor, and Assistantes of the saide Company,

for the tyme being, 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. And that any

seaven or more persons of the Assistantes, togither with

the Governor or Deputie Governor, soe assembled, shalbe

saide, taken, held, and reputed to be, and shalbe, a full and

sufficient Courte or Assemblie of the saide Company for

the handling, ordering, and dispatching of all such buysi-

nesses and occurrentes as shall, from tyme to tyme, hap-

pen touching or concerning the said Company or

plantation, and that there shall or maie be held and kept by

the Governor or Deputie Governor of the said Company,

and seaven or more of the said Assistantes, for the tyme

being, upon every last Wednesday in Hillary, Easter, Trin-

ity, and Michas termes respectivelie for ever, one greate,

generall, and solempe Assemblie, which foure Generall

Assemblies shalbe stiled and called the Foure Greate and

Generall Courtes of the saide Company: In all and every or

any of which saide Great and Generall Courtes soe assem-

bled, wee doe, for us, our heires and successors, give and

graunte to the said Governor and Company, and their suc-

cessors, That the Governor, or, in his absence, the Deputie

Governor, of the saide Company for the tyme being, and

such of the Assistantes and freemen of the saide Company

as shalbe present, or the greater nomber of them soe

assembled, whereof the Governor or Deputie Governor

and six of the Assistantes, 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 their successors, And to make lawes and

ordinances for the good and welfare of the saide Company,

and for the government and ordering of the saide landes

and plantation, and the people inhabiting and to inhabite

the same, as to them from tyme to tyme shalbe thought

meete. Soe as such lawes and ordinances be not contrarie

or repugnant to the lawes and statutes of this our realme of

England. And our will and pleasure is, And wee doe

hereby for us, our heires and successors, establish and

ordeyne, That yearely once in the yeare for ever hereafter,

namely, the last Wednesday in Easter tearme yearely, the

The Establishment of Colonies and Settlements 111