o & NTA BARBARA o » VIN!)OjnV3 JO o o AllSil3AINn 3Hi ( n i €D fJO o AllSa3AINn 3Hi o . / \ o JO AKvaan im » < o > X o SANTA BARBARA THE LANDING AT CAPE ANNE. 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 €^t (li)rtgiiial HanuHrrift. WITH AN INQUIRY INTO ITS AUTHOBITY AND A HISTORY OF THE COLONY. 1624-1628. ROGER CONANT, GOVERNOR. JOHN WINGATE THORNTON, "OBSCURA PRO MENS." BOSTON: GOULD AND LINCOLN NEW YORK: SUELDON, LAMPORT, AND BLAKE MAN. 1854. ^^ Entered according to Act of Congress, in the year 1854, by GOULD AND LINCOLN, In the Clerk's Office of the District Court of the District of Massachusetts. TBDRSTON AND TOKRT, PRINTbKS. " Apollos watered, but Paul planted ; he that begun the worke was THE GREATER MAN. . . . YoU SHALL HAVE MADB THIS ISLAND, [EnGLANU] WHICH IS but as the SUBURBS OF THE OlD WoRLD, A BrJDGE, A GaLLERY TO THE New ; to joyne all to that world that shall never grow old, the KiNGDOME OF Heaven. You shall add persons to this Kingdome, and to the KlNGDOiME OF HeAVEN, AND NAMES TO THE BOOKES OF OUR CHRONICLES, AND TO THE BOOKE OF LiFE." Dr. John Donne's Sermon to the "Honorable Virginian Company, '' Nov. 13, 1C22. "Let IT NOT BE GRIEVOUS TO YOU, THAT YOU HAVE BEEN INSTRUMENTS TO BREAK THE ICE 70R OTHERS WHO COME AFTER WITH LESS DIFFICULTY : THE HONOR SHALL BE YOURS TO THE WORLD'S END." Letter to the Plymouth Planters. — 1623. " Small things in the beginning op natural or politic bodies are as remarkable as greater in bodies pull grown." Dudley's Letter to Lady Bridgett, Countess o^f Lincoln, March 12, 1C31. "My hold of the colonies is in the close affection which grows FROM COMMON NAMES, FROM KINORED BLOOD, FROM SIMJLAR PRIVILEGES AND EQUAL PROTECTION. These are ties which, though light as air, are as strong as LINKS of iron." Burke's Speech on Conciliation with j.iinerica, 1773. PREFACE. As the geologist discovers vestiges of the primitive globe and its inhabitants in the pebble and the fossil, as the geographer explores great rivers back to mountain rivulets, so the historian finds eloquent witnesses of former generations in crumbling monuments and obscure parchments, and traces national greatness to its beginning. Thus the incidents in the early lives of the good and great are gleaned with interest and veneration, and the events in the dawn of a nation's existence are clothed with dignity and importance, proportionate to its after intelligence and greatness. The distinct and authentic history of the planting and growth of the American colonies, peculiar to us, in contrast with the legendary and obscure origin of many nations in the Old World, has ever afforded satisfaction to the philosopher and historian, and whatever tends to its completeness, will be received with interest. The following pages prove that Massachusetts begins her history not at Salem, nor under the patronage of the organization which obtained the charter of March, Anno 1627-8, but in the spring of the year 1624, at Cape Anne, where the colony was established under the authority of this her first charter the very initial of her annals — now first presented to the public. It is venerable, as the historical foundation of the Society or State, which, continuing under various charters and titles, in the year 1780, adopted the name of the Commonwealth of Massachusetts. "V'ln PREFACE. It is remarkable as guaranteeing the principles of free government vindicated in the Revolutionary struggle; that tiie government is of, from and for the individual, the people, the body politic, and not they for the government. From the recognition or denial of this principle, results freedom, or despotism. This venerable instrument opens to the mind a vision of the past, and in the quiet depths of thought, those obscure but mighty men, now men of renown, rise from their tombs ; and we feel as it were that our lives are united with theirs, while we study the privileges that encouraged their hearts, lighted their future with hope, and supported their onward steps. This tract relates to the first colonial lustre — the period commenced under the authority of this, the first* or Cape Anne charter, and embraced in the years 1624 to 1629. The parchment was in the possession of the Hon. Paul Dudley, F. R. S., Chief Justice of Massachusetts, son of the younger Governor Dudley, who may have received it from his father. Gov. Thomas Dudley. The narrative, written more than a year since, has been enlarged, developing more fully the authority on which the char- ter was issued. My thanks are due to Rev. Joseph B. Felt, for his aid and for valuable original documents in the Appendix. Several of the scarce works cited, were from the library of my friend, Charles Deane, Esq., whose familiarity with this period of American history, has been of much service in editing the charter. J. WINGATE THORNTON. Boston, October, 1854. CONTENTS. CHAPTER I. RIGHT BY DISCOVERY EARLY VOYAGES COLONIES PROJECTED TINSUCCESSFUL THE VIRGINIA COMPANY CREATED 1606 KING JAMES' ILL BEHAVIOR VIEWS OF THE ADVENTURERS. . 1-7 CHAPTER II. REASONS FOR CREATING A NEW COMPANY THE PLYMOUTH COUNCIL INCORPORATED IN 1620 ITS POWERS ITS POLITICAL IMPOR- TANCE — PARLIAMENTARY DIFFICULTIES PROPOSED DIVISION OF TERRITORY AMONG THE PATENTEES PLAN OF DIVISION PRO- PRIETORS' NAMES ROYAL SANCTION OBTAINED LORD SHEFFEILD's TITLE 8-16 CHAPTER III. WRIOTHESLEY, EARL OF SOUTHAMPTON, THE PATRON OF BARTHOLO- MEW GOSNOLU GOSNOLD SAILS FOR NORTH VIRGINIA, IN BIAY, 1602 DISCOVERS CAPE ANNE NAMES CAPE COD VISITS MAR- TIJa's VINEYARD — BUILDS A pOUT AT ELIZABETH'S ISLAND CAP- C O N T E N T S . TAIN JOHN SMITH VISITS AND NAMES NEW ENGLAND, IN 1614 MASSACHUSETTS ESTEEMED A PARADISE IT IS VISITED BY THE PLYMOUTH COLONISTS SOME OF THE COLONISTS REMOVE TO NANTASKET ROGER CONANT BAD CONDUCT AND DISGRACE OF LYFORD AND OLDHAM 17-27 CHAPTEE IV. PLYMOUTH COLONY SENDS WINSLOW AS AGENT TO ENGLAND FAME OF THE COLONY IN ENGLAND REV. JOHN WHITE OF DORCHESTER. LORD SHEFFEILD BECOMES INTERESTED GRANTS A PATENT FOR CAPE ANNE COPY OF THE CHARTER CAPE ANNE OCCUPIED FAILURE OF EFFORTS AT CAPE ANNE DISAFFECTION OF THE LONDON MERCHANT ADVENTURERS LEVETT's ACCOUNT OF PLYMOUTH AND CAPE ANNE IN 1624 28-38 CHAPTER V. PURITANISM IN ENGLAND BISHOP LAKE AND REV. JOHN WHITE FAVOR NEW ENGLAND REASONS FOR COLONIZING THE DORCHESTER COM- PANY THEY ESTABLISH A COLONY AT CAPE ANNE UNDER THE SHEF- FEILD CHARTER ROGER CONANT APPOINTED GOVERNOR HOSTILITY OF LONDON MERCHANTS THEIR AGENT HEWES MAKES REPRISALS OF PLYMOUTH PROPERTY AT CAPE ANNE GOVERNOR CONANT EFFECTS PEACE 39-47 CHAPTER VI. REVERSES AT CAPS ANNE LOSSES THE MERCHANTS ABANDON THE COLONY THE COLONY PURGED OF ITS WORTHLESS MEMBERS GOV. CONANT PREVENTS ITS DISSOLUTION THE COLONY REMOVED TO NAUMKEAG INDIAN HOSPITALITY -^ GOV. CONANt's FIRMNESS SAVES THE COLONY JOHN WOODBERY SENT AS AGENT TO ENG- LAND 48-53 CONTENTS. XI CHAPTER VII. THE COLONY IN 1627 GOV. CONANt's CHARACTER AND SERVICES WOODBERy's mission to ENGLAND FINDS MEMBERS OF THE OLD DORCHESTER COMPANY A NEW COMPANY ORGANIZED A PATENT OBTAINED THOMAS DUDLEY, ESQ. AND HIS FRIENDS BECOME INTER- ESTED THE COMPANY HAD NO DEFINITE NAME HUMBLE BEGIN- NING OF THE STATE RECORDS WOODBERY's RETURN TO THE COL- ONY CHARACTER OF THE COMPANY IN ENGLAND JOHN ENDECOTT ARRIVES AT SALEM AND SUPERSEDES CONANT NEW IMPULSE TO COLONIZATION 54-60 CHAPTER VIII. REASONS FOR OBTAINING THE KING's AFFIRMATION OF THE PATENT DISTINCTION BETWEEN THE COMPANY IN ENGLAND AND THE COLONY CRADOCK NOT GOVERNOR OF THE COLONY CHARTER SENT TO ENDECOTT UNION OF THE OLD AND NEW PLANTERS NAMES OF THE PIONEERS DISPUTES BETWEEN THE OLD AND NEW COLONISTS DANGERS OF THE COLONY OLDHAm's INTRIGUES gorges' CONFLICTING PATENT GOVERNOR CONANT RESTORES PEACE INJUSTICE TO CONANT AND HIS ASSOCIATES ALLEVIATING CON- SIDERATIONS CHARACTERS OF CONANT AND ENDECOTT COBIPANy's VINDICATION HARDSHIPS OF THE OLD PLANTERS. . . 61-68 CHAPTER IX. KECAPITULATION — THE HISTORICAL IDENTITY OF THE COLONY — SERIES OF GOVERNORS AND CHARTERS CHARACTER OF THE NEW ENGLAND COLONISTS THE FATHERS QUOTED NEW ENGLAND SETTLED BY FUGITIVES FROM OPPRESSION PRELACY DRIVEN FROM PLYMOUTH AND FROM SALEM ITS BANISHMENT NECESSARY TO THEIR SELF- PRESERVATION — VIEWS OF THE FOUNDERS OF NEW ENGLAND TOLERATION NOT PROFESSED DANGER FROM POPERY THE PURI- TANS ESTABLISHED THE ENGLISH CONSTITUTION AND THE AMERICAN REPUBLIC 6U-76 Xll CONTENTS. APPENDIX. I. Notice of lord Sheffield 77 II. Deposition* OF richakd brackenbury 79 III. Deposition of -^\-illiam dixy 81 IV. Deposition of Humphry woodbery 81 V. John j. babson, esq , on the locality of the colony at cape ANNE 83 TH E LANDING AT CAPE ANNE CHAPTEE I. EIGHT BY DISCOVERY EARLY VOYAGES COLONIES PROJECTED UNSUCCESSFUL THE VIRGINIA COMPANY CREATED 1606 KING JAMES's ILL BEHAVIOR VIEWS OF THE ADVENTURERS. A GLANCE at the earlier attempts at northern coloni- zation, and the several divisions and grants of the American coast, will show the proximate sources of authority whence the charter of Cape Anne was de- rived. Upon the discovery of America, the European govern- ments established the principle that " All a man sail'd by or saw was his own ; " that the nation discovering the territory should have the exclusive right to acquire the soil from the natives, which title might be consummated by possession.^ Under this international law, Henry VII. on the fifth of March, in the year 1496, authorized^ John Cabot and » Chief Justice Marshall's opinion in Johnson ». IM'Intosh, — a historical summary, "so clear and exact," tliat Judge Story adopted it as the preliminary chapter, (§§ U to 38,) of his " Commentaries on the Constitution." AVlieaton's " Ekments of International Law," ch. iv. §§ 1-5. ' Ryraer's Foedera, xii. folios 595, 5U6, contains this first English patent for dis- covery. 1 Z CABOT S FIRST VOYAGE TO AMERICA. his sons Lewis, Sebastian, and Sancius, to sail under the English banners to the East, the West, and the North, to seek out lands unknown to any Christian people. In the next year, on the twenty-fourth of June, about five of the clock, early in the morning, Sebastian Cabot, in the ship "Matthew" of Bristol,^ first touched the shores of America, and in that voyage he acquired for England, by the right of discovery, her title to all that territory between the point of his first landing, in the thirty-eighth degree of north latitude, southward to sixty-seventh de- gree.^ A poet of the day thus alludes to it : — " What an honorable thynge, Both to the Realme and to the Kynge, To have had his doniynyon extendynge There into so far a grounde Whiche the noble Kynge of late memory. The most wyse prynce the VII. Kerry Caused furst to be founde." ^ A second patent to John Cabot, from Henry VII. issued on the third of February, in the year 1498, j)ermitted him to transport such of his majesty's subjects as might, in the language of the patent, " of their owen free will goo and passe with him," " to the londe and isles of late found." Three hundred men embarked in this ex- pedition, whose object was to find out "what manner of landes those Indies* were to inhabite." The particulars ' The name of the other vessel is not recorded. They sailed from the port of Bristol. Corry's Hist, of Bristol, 1816, i. 213. "^ " The ancieht discovferies, contracts, and agreements, -which our Englishmen have long since made in those parts, together with the acknowledgement of the histories and chronicles of other nations who profess the land of America from the Cape de Florida unto the Bay of Canada (which is south and north three hundred leagues and upwards ; and east and west further than hath yet been discovered) is proper to the King of England." Mourt's Relation, 16i!2. 3 Quoted in Biddlc's Memoir of Sebastian Cabot. London, 1832 ; 2d ed., p. 77, note. •* The "West Indies" once designated the whole of America. Herrera treats " of the vast Continent and Islands of America, commonly called the West Indies." CABOT. RALEIGTI. GILBERT. 6 of this voyage are not preserved. It certainly was un- successful, but is memorable as England's first attempt in the mission of civilization to America. Thus it seems that Cabot, who ranks second only to Columbus, has the honor of being the first Englishman who jn'ojected settlements in America, an historical dignity sometimes assigned to Sir Walter Raleigh, but oftener and nearer the truth, yet erroneously, to Sir Hum- phrey Gilbert,^ who has been styled the " Father of North- ern and North- Western Civilization." This precedence belongs to Cabot, though his projects were unsuccessful." Settlements of briefs duration were efi'ected by Gilbert and Raleigh. After nearly a century of public apathy, the English mind was again directed to the Western world. The British Constitution vests all vacant lands exclusively in the sovereign, whose sole prerogative* it is to dispose of them to whom and on such conditions as the monarch thinks best. In the exercise of this prerogative, in the year 1578, on the eleventh of June, Queen Elizabeth gave to the illustrious knight. Sir Humphrey Gilbert, authority" to discover any territory not occupied by any India is supposed to be modified from Hindoo, wliose land Hindoatan, the East, Columbus supposed he had reached when he discovered America. 1 Holmes' Annals, i. 92, 100, 155 ; N. Eng. Hist. Gen. Reg., Julj', 1850, 226, 227. 2 Cabot's second patent -was first published in Biddle's " Memoir of Sebastian Cabot," to which I am much indebted. I commend it to the stijdent's special attention as a very able critical examination of the authorities on the history of maritime discovery. Holmes' Annals, i. note vi. 90, 97, 104, 105. There is a learned review of the volume in the Appendix to Harper's Family Library, No. 53. 3 Mr. Nicholas Thorne, a Bristol merchant, in 152ii, sent an invoice of armor and merchandise to T. Tison, factor of a commercial settlement in the West Indies. Holmes' Annals, i. 57.- ■* Johnson v. M'Intosh ; 8 Wheaton's U. S. Rep. * The patent is in Stith'a History of Virginia, p. 4- 4 NEW FOUNDLAND. THE LONDON COMPANY. Christian power, and to grant it, according to the laws of England, to snch of her majesty's subjects, as he might induce to remove thither. Failing at the outset of his first voyage, which involved him in debt, he sailed from the port of Plymouth in Devonshire, and on the fifth of August took possession of the port of St. John in New Foundland, and the adjacent parts, for the English crown.^ Thus a period of nearly three genera- tions intervened between the first and second attempts of the English to colonize America. Sir Humphrey being lost at sea, his patent was renewed to his brother, Sir Walter Kaleigh, the founder of Virginia. These illus- trious men, Cabot, Gilbert, and Raleigh were the founders of the naval and commercial grandeur of England. The titles under the before mentioned grants or patents from the English sovereign, having by forfeiture or the default of the patentees reverted to the crown, the monarch, James I. in the year 1606, created the first corporate association for colonizing America, authorizing two councils ^ of control, of the first of which most of the members resided m London, and of the second, chiefly in Plymouth. Three years after, the former council re- ceived a new charter of incorporation by the name of " The Treasurer and Company of Adventurers and Plan- ters of the City of London for the first Colony in Virginia," the name then given to nearly the whole coast.^ The first council projected settlements in the southern portion of the territory, and was popularly * Holmes' American Annals, i. 96-101. * Two companies are sometimes spoken of, but improperly, as they had but one patent, creating one company, acting under two councils. 3 The Plymouth colonists in their compact, 1G'20, said they had undertaken •• to plant the first colony in the northern parts of Virginia." SIR THOMAS SMITH. SIR EDT\IN SANDYS. 5 known as the South Virginia Company. Among its members were some of the king's courtiers, and in the illegal and arbitrary exercise of the royal power in their favor, he excited a spirit of mutual hostility between himself and the company,^ the more irritating, as every resistance to his despotic interference became politically important. An incident illustrative of this is here worthy of notice, as one of the difficulties which determined ^ the royal mind in favor of the new organization of the northern colonial interests in 1620. By their charter the Virginia Company had the right to choose their officers. Sir Edwin Sandys, their treas- urer in the year 1619, was the first in the list of candidates for that office in the next year. After the nomination of Sandys, and as they were proceeding to the election, a message was received from the king, that it was his " pleasure not to have Sir Edwin Sandys chosen, and nominating for the office Sir Thomas Smith, and one or two others, one of whom they might elect." Smith was a royal favorite. He was appointed Treasurer by the king at the organization of the company, and held the office till being "notoriously^ infamous and utterly detested and cursed by the whole company" for his peculations and malfeasance in their aiFairs, he was superseded by Sandys. Upon this, Sir Edwin ^ withdrew ' Stith's Hist, of Virginia, 168-170, 178, 179, ' Spauish influence was the true cause of James's conduct. Peckard's Life of Ferrar, 85, 8'.) - 168. 3 Stith's Hist, of Virginia, 178, 182, 185, 186 ; Peckard's Life of Ferrar. A portrait of Smith is in Thane's British Autography, i. 27. * Soon after Sir Edwin, •' being found too daring and factious in Parliament," was placed under arrest by the king, for a month. He was the second son of Edwin Sandys, Archbishop of York, was Prebend of York, 1581, kniglifed in 1(503, author of "A View of the State Religion in tlie Western Quarter of tiie World," 1629, and died at Northbourn, Kent, in October, 1G2'J. Tliia family was friendly 6 SOUTHAMPTON. MOTIVES TO COLONIZATION. his name, and the company, consisting of nearly five hundred persons, proceeded to ballot, when of the king's candidates, it was found that one of them had only one ball and the other two, while Henry, the Earl of South- ampton, who was not the king's nominee, and no less odious to him than Sandys, had all the rest. The suc- cessful candidate was one of the most influential patriots in the House of Lords. That distinguished pioneer and most ardent friend of colonization, Captain John Smith, said, " I am not so simple as to think that ever any other motive than wealth will ever erect there a commonwealth, or draw company from their ease and humors at home." ^ The expectations of those engaged in the earlier attempts to colonize America, were almost as irrational as those cherished a century later by the adventurers in the South Sea Bubble or the Mississippi Scheme. Sudden and extraordinary profits were looked for, and golden visions allured men of all ranks ! Among the adven- turers and patentees were many of the great peers of the realm, of the most eminent knights, gentlemen and wealthy merchants ; men of almost every degree of nobility, and of every profession and occupation, from the merchant to the humblest artisan, are named in the charter. to the Pilgrims. John Robinson's Works, 1851, i. xxii., xxxix.; Hunter's Tract. "The Court and Times of James the First," London, 1848, 2 vols., contains inter- esting cotemporary notices of Sandys ; in vol. i. 61, 314, 320, 325 ; in vol. ii. 222, 224, 238, 252, 258, 261, 2C6, 412, 444. ^ Shakspeare's " Comedy of Errors," T^ritten probably about 1591, and printed in 1623, hands down the popular impression of Auierioa, the "form and pressure of the time." Dromio describes Nell's form as " spherical, like a globe," so that *' he could find out countries in her." Autipholus inquires " Where's America ? the Indies ? " Dromio replies, " Oh, sir, upon her nose, all o'er embellish'd with rubies, carbuncles, sapphires, declining their rich aspect to the hot breath of Spain, ■who sent whole armadoes of carracks to be ballasted at her nose." DISAPPOINTMENTS. SIR FERDINANDO GORGES. 7 The brothers, Sir Humphrey Gilbert and Sir Walter Raleigh, and their kindred. Chief Justice Popham, Sir Ferdinando Gorges, and their families, and others, had pursued the design of colonizing these Western Atlantic coasts, with a perseverance and assiduity worthy of better success. Extravagant hopes,^ the charms of title and office,^ the allurements of gain, well supplied ships, plentiful stores for the colonists, and all the appliances of wealth and power combined, yet proved ineifectual in their attempts; death removed some of the most zealous and influential patrons, and disappointment waited on every effort. But there was one who would not yield, and who, during these disastrous years, with untiring diligence and labor, collected from every source information respecting the geography, climate, productions, and inhabitants of the new world ; and this only suggested bolder views and stimulated him to more comprehensive measures. Next to Sir Humphrey Gilbert, Sir Ferdinando Gorges stands out the most conspicuous in the history of northern colonization. 1 Stith's Virginia, 43, 77, 81, 82, 101, 149 ; Smith's Description of New Eng- land, 1G16, p. 1; Smith's Virginia, ii. 178, 239. "The destruction of most plantations hath been the base and hasty drawing of profits in the first years." Bacon, " Of Plantations." 2 " Captain-General, Lieutenant-General, Admiral, High Marshal, General of Horse, were among the ofiices conferred in 1609 ; and the like ambitious titles were given by the Northern Company." Belknap's Amcr. Biog. ii. 99, 154; Stith, 101, 137; " Brief Relation " of tiie Council, Mass. Hist. Coll., xix. 21, 23. CHAPTER II. REASONS FOR CREATING A NEW COMPANY THE PLYMOUTH COUNCIL INCORPORATED IN 1620 ITS POWERS ITS POLITICAL IMPOR- TANCE PARLIAMENTARY DIFFICULTIES PROPOSED DIVISION OF TERRITORY AMONG THE PATENTEES PLAN OF DIVISION PRO- PRIETORS' NAMES ROYAL SANCTION OBTAINED LORD SHEFFEILD'S TITLE. Differences ^ having arisen between the councils of Northern and Southern Virginia, Sir Ferdinando turned the royal dissatisfaction to the service of the North. Ir- ritated against the London Company, by their election of the Earl of Southampton, as their treasurer, in bold de- fiance of his will, the jealous monarch was not unwilling to promote a rival to the refractory company,- and readily ^ See " order in council on tlie difference between tlie Northern and Southern Plantations," June 18, 1621, and another, Sept. 28, 1621, " relative to encroach- ments on the grant to the New England Company," both published in "Docu- ments " of " Colonial History of New York," 1853, toI. iii- pp. 4, 6. ^ Nor was his revenge — steadily pursued under the forms of law — consummated until full four years had passed. One of Sir Thomas Wentworth's newsmongers, Mr. Wendesford, wrote to him on the 17th of June, 1624, " Yesterday Virginia pa- tent was overthrown at King's Bench, so an end of that plantation's saving. Me- thinks I imagine the fraternity have before this had a meeting of comfort and consolation, stirring up each other to bear it courageously, and Sir Edwin Sandya in the midst of them, sadly sighing forth, Oh! the burden of Virginia!" Straf- ford Papers, i. 21. Nicholas Ferrar caused a certified copy of the records to be made; Stith says that they hand down " the full conviction of King James' arbitra- ry and oppressive proceedings against the company, and of his having acted with such mean arts and frauds, and such little tricking, as h-ghly misbecoming majes- ty." Hist, of Virginia, vi. vii. The secret of James' hostility was the Spanish jealousy and intrigue, through Gondomar, the Spanish ambassador, whose influence over the king was almost absolute. This appears in Peckard's Life of Ferrar, Cambridge, 1791, pp. 85, 8',)- 168, a work indispensable to the history of that company. Read also note 1, p. 101, vol. i. Holmes' Annals. THE PLYMOUTH COUNCIL, ITS OBJECTS, ETC. 9 listened to the suggestions of his " trusty and well-beloved servant, Sir Ferdinando Gorges, Knight, Captain of our Fort and Island by Plymouth, and by certain, the princi- pal knights and gentlemen adventurers " of the second colony, who had lost much " in seeking to lay the foun- dation of a hopeful plantation," ^ and had also taken ac- tual possession of that territory " to his name and use as Sovereign Lord thereof" They assured him that there were no subjects of any other Christian power having any title or possession in America, between the fortieth and for- ty-eighth degrees of north latitude, and that the country had been recently nearly depopulated by a wonderful plague. " Thankful for the divine favor of this prior discovery and occupancy," and for an opportunity for the " conver- sion of such savages ^ as remained wandering in desolation and distress, to civil society and Christian religion," and probably not less grateful for a plea for enlarging his do- minions, his majesty granted the absolute property of that vast territory, extending from sea to sea, to Gorges and his associates, whom he incorporated under the title of " The council established at Plymouth, in the county of Devon, for the planting, ruling, ordering, and governing of New England, in America." The order for the patent was issued by the king in coun- cil, on the third of November, in the year 1620. It was passed under the great seal, on the third of July following, ^ The old term for Colonies. Bacon's Essays, " Of Plantations," xxxiii. In the " Tempest," IG23, act 2, scene i., " Plantations of this Isle ; " so used by Milton, about 1650. Prose works, Bohn's edition, 3il, 344, 345, 347, and in the state pa- pers generally. ^This was generally assigned in the early charters, as a prominent design; it was in the Virginia charter. The enemies of the Puritans often reproach thera with delay and indiflerence in the work of civilizing and Christianizing the In- dians, but if this were just, which it is not, the charge comes with an ill grace from those who prefer it. What colony out of New England can show an Eliot, a Mayhew, a Brainard, or a Kirkland ? 2 10 VIRGINIA COMPANY. and was the only ^ civil basis ^ of all the subsequent pa- tents and plantations which divided this country. This charter conferred the usual powers of corporations, and special authority to make laws and ordinances ; to dis- pose of their lands ; to appoint and remove governors and other officers of the plantations ; to establish all manner of order, laws, and directions, instructions, forms, and cere- monies of government and magistracy, not contrary to the laws of England ; to rule all inhabitants of the colony by such laws and ordinances, and, in cases of necessity, ac- cording to the good discretion of their governors and officers respectively, in capital, criminal, or civil cases, as near as conveniently might be agreeably to the laws of England. The charter further gave extraordinary powers as in cases of rebellions and hostile invasions. By this movement the infatuated and unwary king opened a new source of complaints against himself, for no sooner had the patent been executed, than the members of the London, or Virginian Company, took various ex- ceptions to it, ^ and their objections were willingly enter- tained by the patriots in both Houses of Parliament, between whom and the king were gathering the contro- versies, which were bequeathed by James to his son Charles — a fatal legacy. It is remarkable that, under this charter, the creature of absolutism, and intended as one of its supports, grew up those colonies which were the very nurseries of re- * Except De Mont's, from Henry IV. of France, 1G03; Ilaliburtou's Nova Sco- tia, i. 11 -29; Hazard's Hist. Coll. i. 45. 2 Belknap's Hist, of New Hampshire, ed. 1831, p. 3; Holmes' Annals, i. 164. 3 The Patent for New England was the first named in the list of " Publick Grievances of the Kingdome." See also the "Declaration" in Mass. Hist. Coll. xis.; Purchas' Pilgrims, iv. 1827-1832; Hazard, i. 390. MONOPOLIES. OPPOSED BY PARLIAMENT. 11 ligious and civil liberty, affording refuge and security even to the regicides. ^ While the injustice of the king toward the Virginia Company gained for it the popular favor, ^ his rigid en- forcement of the most odious exclusive privileges ^ of the New England Company, was to the latter a prolific source of legal and parliamentary difficulties and popular dislike, seriously embarrassed its proceedings at home, impaired its authority in the colonies, and ultimately led to the sur- render of the royal patent, in the year 1635.^ Among the reasons assigned by the council for the resignation of their charter, they said that, " At home they were assaulted with sharp litigious questions before the Lords of his Majesty's most Honorable Privy Coun- cil, by the Virginian Company, and that in the very in- fancy thereof, who finding they could not prevail in that way, they failed not to prosecute the same in the House of Parliament, pretending our said Plantation to be a grievance to the Commonwealth, and for such presented it unto King James of blessed memory, who, although his justice and royal nature could [not] so relish it, but ' President Stiles' History of Whalley, Goffe and Dixwell. Hartford, 1794. 2 Even the king's fivorite Dean of St. Paul's, Dr. John Donne, preached a ser- mon before "the Honorable Company of the Virginian Plantation, 13th Novem- ber, 1G22," commending it to the public favor. This discourse is omitted in the folio collection of his sermons. 3 As, a monopoly of fishing and curing fish, or of cutting timber and wood for the use of the fishing vessels on the New England shores; but the Virginia Company was not less grasping in its claims; indeed their similar claims furnished an argu- ment for the creation of the N. E. Company. The charter of the Northern Company recites that one of the reasons for its incoi'poration was the " differences between themselves, and those of the said first colony." I suppose this Avas a principal procuring cause of the enactment of the Statute of Monopolies, 21 James, 1623. Gorges' Brief Relation, pp. 11, 12, 14. It is a curious fact, that to exclude all in- truders, the Massachusetts Company voted, July 28, 1629, to solicit the king to renew the proclamation of Nov. 6, 1622, enfoi'cing the monopolies. ^ Commons' Journals, 1, 673, 6S8; Gorges' Brief Narration, chap. xvi. in Maine Hist. Coll. ii. 31, 32; Rymer's Feed. xvii. 41G, 490. 12 CONFLICT OF GRANTS. DIVISION OF TERRITORY. was otherwise pleased to give his gracious encourage- ment, for prosecution thereof, yet such was the times, as the affections of the multitude were thereby dis- heartened." ^ These facts furnish some apology for the loose and im- methodical transactions of the company, and, in a degree, for the confusion and conflict of their grants. This sub- ject has been involved in deep obscurity. Dr. Belknap says, " That either from the jarring interests of the mem- bers, or their indistinct knowledge of the country, or their inattention to business, or some other cause which does not fully appear, their afl'airs were transacted in a con- fused manner from the beginning, and the grants which they made were so inaccurately described, and interfered so much with each other, as to occasion difficulties and controversies, some of which are not yet [1784] ended. As the collisions with the Virginia Company, the ele- ments of political discord involved in the granting of this charter, and the direct attacks of the House of Commons, discouraged any considerable action of the council in their corporate capacity, they perhaps sought to avoid this by a division of the territory among the individual members, with all the incidental privileges requisite to the estab- lishment and government of colonies. Though the charter created a corporation, one of its provisions seems to have contemplated, at the option of the patentees, a division of the territory " as well among Adventurers as Planters," reserving merely a general su- pervisory authority in the council. They were authorized from time to time, under their common seal, to distribute among themselves or others, the lands " by these presents ^ This important pnper is in Hazard's Hist. Coll. i. 390. Compare it with the " Brief Relation," 1G22, in Mass. Jligt. Coll. xix. POWER OF GOVERNMENT CLAIMED. 13 formerly granted unto each our loving subjects." This was to be done by the company " upon a commission of survey and distribution executed and returned for that purpose," respect being " had as well to the proportion^ of the adventurers, as to the special service, hazard, exploit, or merit of any person so to be recompensed, advanced, or rewarded." Preliminary to a division, they, in the year 1622,^ pub- lished and dedicated to Prince Charles, their proposed " Platform of the government and division of the territo- ries in general." In this they assumed to hold under the royal patent, a relation to the American territory, and proposed colonies, like that of the king to his dominions. Adopting the language of sovereignty, they resolved " that of this our realm, two parts ^ of the whole territory is to be divided between the patentees into several counties, to be by themselves or their friends planted at their pleasure or best commodity." These were to be subdivided into baronies, hundreds, cities or towns, as might be deemed expedient. Their deputies convened in general assembly, by the order of the council, might enact laws, subject to the approval of the council, who were " to give life to the laws so to be made as to those to whom of right it best belongs,"* according to his majesty's royal grant in that ^ Some of them agreed, in 1G22, " to disburse a hundred pounds apiece." Mass. Hist. Coll. xix. 13. Four years before, in IGIS, the Virginia Company directed a division of the Somer Isles, — a share to every adventurer. Smith's General His- toric, Book 5, pp. 187, 189. * After "almost two years" of disputes -with their enemies. Mass. Hist. Soc. xix. 12. 3 The other third part " to be reserved for publick uses." Mass Hist. Coll. xix. 1,2, 3, 11-15. ^ That the Massachusetts Colony "wholly excluded themselves from y<^ publick government of y" council authorized for those affairs and made y" selves a free people, and for such liuM themselves at y" present," was one of the reasons for tlie resignation of the patent, in 1635. Hazard, i. S'JO, 3;I2. 14 PORTIONS AND NAMES OF PROPRIETORS. behalf:" and further, these "lords of counties may of themselves subdivide their said counties into manors and lordships, as to them shall seem best." They also de- clared, that cities and inferior towns " shall be incorporate and made bodies politic to govern their affairs and peo- ple." The king tacitly approved of this scheme. , Captain John Smith, the first topographer of the New England coast, says in his " Generall Historic," published in the year 1624, that it was " at last engrossed by twenty ^ pat- tentees, that divided my map into twenty parts and cast lots for their shares." It affords curious evidence of the interest felt respecting this country among geographers and men of science, at that early period, that in the fourth volume of Puchas' " Pilgrims," published only a few months afterwards, is a map of New England, repre- senting this distribution of the territory, and showing portions and names of the several proprietors ; a fact creditable to the author's diligence and accuracy. The map, • a fac-simile of a portion of which is here given, suggests, at a glance, their very imperfect knowledge of the country, and how imaginary were the lines of this territorial division. The names on the map are in the following order, beginning at the north-east, the abbreviations being omit- ted. [Thomas] Earl of Aiiundel, Lord KEErsR, Sir Ferdinando Gorges,^ Sir William Belasis, Earl of Carlile, Sir Ro. Mansell, 1 Many of the patentees " quittcil their interests " during the troubles in Par- liament. Gorges, chap. xxi. 2 Sir Ferdiniindo Gorges' life and services have been commemorated by the lion. George Folsom, in his Discourse before tlie ftlaine Historical Society, Sept. (), 18-16, published in their collections, vol. ii. pp. 3 - 71). THE KING APPROVES. CHARLES P"^'^ PLAN. 15 Earl of Holderness, [Robert] Earl of Warwick,^ [William] Earl of Pembrock, Duke of Richmond,^ [EDMUND] Lord SHEFFEILD, Mr. [Abram] Jennings, SirHe. Spelman, Dr. [Mathew] Sutcliffe, Sir Will. Apsley, [Dean of Exeter,] Captain Loue, [Edward] Lord Gorges, [George] Duke of Buckingham, Sir Sam. Argall, Dr. Bar. Gooch. However liberal, or even extravagant, their interpre- tation of the charter may have been, all exceptions ^ to these proceedings were precluded, when on the third of February, 1624-5, in the presence of King James, the patentees of the council of New England " had their portion assigned unto them by lot, with his Highness' approbation, upon the sea-coast, from east to "west, some eighty and one hundred leagues long.^ " The king died soon after, and his son, Charles I. on the thirteenth of the next May, issued a proclamation"* that, to the end there might be one uniform course of government through all his dominions, the government of the colonies should depend immediately on himself, and not be committed to any company or corporation whatever. Probably this was a plan devised by the high church party, to frustrate ' The Earl of Warwick's nephew, Capt. Thomas Cammock, was the founder of the town of Scarborough, Maine. Maine Hist. Coll. iii. *lt is not improbable that " Richmond's Island," on the coast of iMaine, derived its name from the Duke of Richmond, who, in virtue of this allotment, may have given a patent, or verbal right of occup.>tion there, and from its narrow bounds, both the grant and the grantor might soon be forgotten, while the island still re- tains the name. 3 " Then followed y'' claims of y'^ French ambassadour, taking advantage at y'' di- visions made of y" sea coast between o-'selves to whom we made a just and satis- factory answer." Reasons of Resignation, 1635; Gorges' Description of N. E. " Briefe Narration." 3 Hubbard's Hist, of N. E., Appendix iii., quoted in Harris' full and valuable note. < Roger White's Letter to Governor Bradford, Dec. 1, 1025 ; Mass. Hist. Coll. iii. 16 LORD SHEFFEILD's TITLE. the success of Puritanism, but his majesty's attention was soon diverted to more important issues. The council's transactions being thus ratified by the crown, the several patentees of the territory of New England, became each ^ a lord proprietor of his portion, with an absolute title thereto, clothed with all the powers of government, originally in the king, and by him vested in them. Thus was derived the title and authority of Lord Shef- feild, in the exercise of which he issued the charter ^ for Cape Anne,^ under whose authority the colony was found- ed, in the year 1624, which is now expanded into the Commonwealth of Massachusetts. ' In the year 1623, Mr. David Tompson occupied " Tompson's Island " in Boston Harbor, but Hubbard says, " he could pretend no other title than a promise or a gift, to be conferred on him, in a letter of Sir Ferdinando Gorges, or some other member of the council." Tompson seems to have been one of the council's ofiicials. See Robert Gorges' Charter of Dec. 30, 1623. - A precedent for this was established by Sir AValter Haleigh, who, in 1587, incorporated " the Borough of Virginia," and appointed John White Governor, ■with a council of twelve. Holmes' Annals, i. 104, 105, ^ The location and boundaries of the several portions were necessarily vague and contingent. Shefifeild, in addition to his title as patentee, held also by purchase from the company. The Rev. Joseph B. Felt, in 1845, found in the archives of the British Government a volume marked " Journal of Council of Trade," apparently the original record of the council for New England. In it was this entry, *• Nov. 27, 1622, Lord Sheffeild and Abram Jennings, £110 each, for their lands in ^iew England," but without any other description. In 1621 and 1622, Mr. Ambrose Jeur nings, of London, and Mr. Abraham Jennings, of Plymouth, employed ships in the fishing business on this coast. I\ew England's Trials, p. 17, in Force's Tracts, vol. ii. ; Sullivan's Maine, 392; George Folsom's History of Saco and Biddeford, lU; Williamson's Maine, i. CHAPTER III. WRIOTHESLEY, EARL OF SOUTHAMPTON, THE PATRON OF BARTHOLO- MEW GOSNOLU GOSNOLD SAILS FOR NORTH VIRGINIA, IN MAY, 1602 DISCOVERS CAPE ANNE NAMES CAPE COD VISITS MAK- THa's VINEYARD — BUILDS A FORT AT ELIZABETH'S ISLAND CAP- TAIN JOHN SMITH VISITS AND NAMES NEW ENGLAND, IN 1614 MASSACHUSETTS ESTEEMED A PARADISE IT IS VISITED BY THE PLYMOUTH COLONISTS SOME OF THE COLONISTS REMOVE TO NANTASKET ROGER CONANT BAD CONDUCT AND DISGRACE OF LYFORD AND OLDHAM. The following information respecting Cape Anne, the birth-place of Massachusetts, has been gleaned from the accounts of the early navigators on the coast of New England, and the manuscripts of the first settlers, which furnish the history of the discovery and occupation of this region by the English. The misfortunes of the Virginia planters discouraged for a while any further efforts at colonization, till the spirit of enterprise was revived by the young and accom- plished noble, Henry Wriothesley, Earl of Southampton, distinguished as the first to appreciate Shakspeare's ge- nius,^ his " especial friend," and his munificent patron. ^ He was scarcely twenty years of age when Shakspeare dedicated to him his " Venus and Adonis." He was liberated and restored on the accession of James the First. He died in the Netherlands, on the lOlh November, 1624, and was buried at Titchfield. Charles Knight's Biography of Shakspeare, 223, 239, 268; riclorial Hist, of England, i. 658, 661, 664; iii. 388j Lodge's Portraits, iii. 158, 165; Eapin's Hist, of England, ii. 208. His memory was honored by the authors of the day, whose Poems were collected and published, in 1625, in a volume entitled, The Teares of the Isle of Wight, shed on the Tombe of Henrie, Earle of SOUTH- AMPTON, and James, Lord AVRIOTHESLEY. The volume is now a rarity so highly prized, that it has been sold for upwards of £15. 3 18 LORD SOUTHAMPTON. BARTHOLOMEW GOSNOLD. His character and position at the time, invest this inci- dent with peculiar interest. The companion in arms and in misfortune of the unfortunate Earl of Essex, Lord Southampton, now less than thirty years of age, held his life only by the clemency of Elizabeth. As Selden, Eliot, and Raleigh found in the Tower the leisure of the scholar, philosopher, and historian, so in the solitude of his prison, he enjoyed the resources of a noble mind. Some of the leisure hours of his long imprisonment were beguiled by romantic accounts of the new found world, which the adventures of Columbus, Cabot, Gilbert and Raleigh had brought only within the limits of reality, and whose outlines were almost as dim as those of the ancient Atlantis. Musing on the mysteries of the obscure regions far beyond the usual confines of navigation, where the sun sat in darkness, and inspired with the gran- deur of the discoveries, he generously contributed to, and perhaps originated, an expedition for the new world, there " to discover convenyent place for a new colony." It was placed under the command of Captain Bartholomew Gos- nold, and Captain Bartholomew Gilbert. Captain Gosnold, an intrepid and experienced mariner of the West of England, is distinguished in history as the first Englishman who acquired " a local habitation and a name " within the borders of that territory, years afterwards denominated New England. On the 26th of March, 1602, with a company of thirty-two men, consisting of a corps of twelve for dis- covery and observation, twelve to found a colony, and eight mariners, they set sail from Falmouth in a small and frail " bark of Dartmouth, called the Concord." On the l4th of May, after a passage of forty-nine days — CAPE ANNE, AND CAPE COD DISCOVERED. 19 the first ever accomplished in a direct course to this part of America — they discovered land, which, from their description, is supposed to have included what was after- wards named Cape Anne, " an out point of woodie ground, the trees whereof were very high and straight." They laid at anchor for a few hours, and were visited by the natives, who, "in bark shallops, came boldly abourd them, aj)parelled with wastcoats and breeches, some of black serdge, some of bleu cloth, made after the sea fashion, with hose and shooes on their feet ; a people tall of stature, broad and grym visaged ; their eye browes paynted white ; and yt seemed by some words and signs which they made, that some barks of St. John de Luz, had fished and traded in this place. But the ship riding here in noe good harborow, and with all the weather doubted, the master stood off againe into the sea south- wardly, and soon after found himself imbayed with a mighty head land, where, coming to an anchor within a league of the shoare. Captain Gosnold commanded the shallop to be turned out, and went ashore, when he perceived this headland to be parcell of the mayne, and sundry islands lying almost round about yt ; w^hereupon, thus satisfied, he repaired abourd againe, where, during the tyme of his absence, which was not above six bowers, he found the ship so furnished with excellent codfish, which they hauled, that they were compelled to through nombers of them overbourd agayne." ^ This headland they called Cape Cod, the first name bestowed by an Englishman on any part of the coast, a harbinger of one of the most important interests of the future colonies and states, a History and a Poem in itself. Thus do " Coming events cast their sliadows before." * Chap. 5, 6, of Strachey's " Ilistorie of Travaile into Virginie," edited by R. H. Major, Esq. London, 1850. 20 Martha's vineyard. — Elizabeth island. It is a name, says Mather, which I suppose it will never lose till shoals of codfish be seen swimming on the tops of its highest hills. " Plonorable and worthy countrymen," said Captain John Smith,^ "let not the meanness of the word fish distaste you ; for it will afl"ord as good gold as the mines of Guiana or Potassie, with less hazard and charge, and more certainty and facility." After doubling the Cape, Captain Gosnold discovered " many faier islands." One he called " Marthse's Viniard, being stored with such an incredible nombre of vynes, as well in the woody parte of the island, where they run upon every tree, as on the outward parts, that they could not goe for treading upon them; the second, full of deare and fowle, and glistering minerall stones, he called by his own name, GosnolFs Island ; the third, about some sixteen miles in compasse, contayning many peeces and necks of land little difi"eringe from several islands, saving that certaine bancks of small breadth, like bridges, seemed to joyne them to this island." ^ And on the 24th of May, they anchored at the north-west of the last named island, which was covered with the stately oak, ash, beech, walnut, cedar, sassafras, and other trees, and a luxuriant growth of grape vines, eglantine, honey- suckle, hawthorn, gooseberry, and raspberry. He named it Elizabeth, in honor of his Queen, but it has ever retained its Indian name of Cutty-Hunk,^ while to the whole group of islands, of which it is a member, belongs • In "a perfect description of Virginia," 1649, it is said " that New England is in a good condition for livelyhood, but for matter of any great hopes but fishing, there is not much in that land." 2 Purchas' Pilgrims, iv. 1(547-1050; Belknap's Am. Biog. Art. "Gosnold;" Bancroft, i. ; Iliklreth, i.; Stith's Virginia, 31. 3 « A contraction of Poo-cut-oh-hunk-un-noh, wliich signifies a thing that lies out of water." Belknap's Am. Biog. Art. " Gosnold," GOSNOLD's plantation. FIRST EXPORTS. 21 the name suggested by Gosnold's loyalty. On this island, hardly thirty yards from the shore, on the north-^vest side, was a lake of fresh water, abounding in tortoise, and the resort of birds, in the western end of which " was a rocky ilet, contayning neere an acre of ground, full of wood, on which they began a fort and place of abode." They built a punt, or flat-bottomed boat, to pass to and from the islet, and were occupied three weeks or more in building a house there, which they covered with the sedge growing abundantly about the shores of the lake. After nearly two centuries, on the 20th day of June, 1797, the Rev. Dr. Belknap visited the spot, and had the supreme satisfaction to find the cellar of Gosnold's store- house ; and a half century later, on the 22d of August, 1848, the writer^ examined the locality described with minute exactness in the journals of Gosnold's voyage, and the outlines of their works were then distinctly visible. The ship returned to England with a load of sassafras roots, the panacea of the day, which, with furs and other productions of the country, was the first cargo exported from New England. The next special notice of Cape Anne is from the travels of the illustrious voyager. Captain John Smith. On the 3d day of March, 1614, he^ sailed from the Downes on a voyage to " North Virginia," and he then gave it the name of New England.^ To him we are ' In company -with the Hon. George Folsom, of New York, and F. W. Sawyer, Esq., of Boston. * Then thirty-five years of age. 3 In Thevet's " Singularitez de la France Antarctique," published at Paris in 1558, ch. 74, fol. 148, it is said that " Sebastian Habate [Cabot], an Englishman," proposed to Henry VIII. of England, " to go to Peru and America to people the country with new inhabitants, and lo establisk there a J\i"ew Etiglcaid, which he did not accomplish:" quoted in "A Memoir of Sebastian Cabot," 2d ed. London, 1832. 8vo. p. 80. The council for the second colony " in the North Partes of 22 smith's map presented to prince CHARLES. indebted for the first tolerable outline of our coast. Before sailing, he had collected all the information to be obtained from Gosnold, Weymouth, and the fishermen who had been on the coast ; but it was so imperfect, that he declared it was " even as a coast unknown and undis- covered. I have had six or seven severall plotts of those northern parts, so unlike each to other, and most so differing from any true proportion or resemblance of the country, as they did me no more good than so much waste paper, though they cost me more. It may be it was not my chance to see the best ; but lest others may be deceived as I was, or through dangerous ignorance hazard themselves as I did, I have drawn a map from Point to Point, He to He, and Harbor to Harbor, with the sounding, sands, rocks, and land marks, as I passed close aboard the shore in a little boat." ^ Captain Smith presented his map and account of the country to Prince Charles, requesting him "• to change the Barbarous names for such English as Posterity may say Prince Charles was their God-father." The Prince approved the name of " New England," and called " the faire headland" Cape Anne, in honor of his mother, Anne of Denmark, in preference to the less euphonious name of Smith's lady love, Charatza Tragabigzanda, so gallantly remembered by him in his wanderings in the new world. She had become enamored of him while he was a prisoner in Turkey, and through her influence with one of the chief officers of State, the hardships of Virginia in America," petitioned li!" Mniesty that their territory " may be called (as by the Prince His Highness it hatli biu uanied) New England, that the boundes thereof may be settled from 40 to 45 degrees of northerly latitude, and soe from sea to sea through the maine as the coast lyeth." The petition, 3 March, 1620, is published in " Documents of Colonial History " of New York. 1853. Vol. iii. pp. 2, 3. ' Description of New England, 1C24, p. 205. MASSACHUSETTS THE PARADISE OF NEW ENGLAIMD. 23 his captivity were much alleviated. The Prince likewise conferred his father's name on Cape Cod,^ but so appro- priate was the latter, that it never yielded even to royal claims. Captain Smith published his " Description of New England " — for several years the only guide of voyagers to this coast — in the year 1616, and he^ passed that summer in distributing copies of it among the gentry of the principal towns of Cornwall and Devonshire, the maritime counties of England, in order to excite a new impulse in favor of colonization. Of " the coast of Massachusetts " he said, " of all the four parts of the world I have yet^ seen uninhabited, could I have but means to transport a colony, I would rather live here than any where else ; " and in another place he calls " the country of the Massachusetts '' the Paradise of all those parts." Some years later Admiral Levett was on the coast, and found that by common consent " Massachusetts was called the Paradise of New England." The Plymouth colonists, " hearing a great fame there- of," early in the next fall after their arrival, dispatched a boat with a company^ of ten men, under Captain Standish, to explore the country, conciliate the natives, ^ In 1632 its popular name was Cape Cod. Hist. Doc. New York, iii. 17. New Foundland, discovered by the Portuguese navigator about the year 146;5, was, at first, called Terra de Baccalhaos or land of cod-tish. 2 Horatio G. Somerby, Esq., has discovered in the Parish Register of AVil- loughby, County of Lincoln, England, the record of Smith's baptism. " 157'j, John, the son of George Smith, was baptized tlie sixth day of January." 3 A critical examination of Smith's account of this region is in the History of Dorchester, " number one," pp. 1-4, but its strictures must be received with great caution. •• The Indians told Roger Williams that " the Massachusetts were called so from the Blue Hills," in Milton ; and the learned llev. John Cotton dehucd it us " an hill in the form of an arrow head." * Hubbard, 1U2 ; Prince, 112, 113. 24 NANTASKET. ROGER CONANT. and " procure their truck." " They returned with some beaver, a good report of the place, and wishing they had been settled there." Having built " something like a habitation " ^ at Nantasket, they probably trafficked with the natives for their peltry, and became familiar with the coast and its advantageous points. Among the London merchants who aided the Ply- mouth colonists, and who were commonly called the "merchant adventurers," were many adherents of the established church, having no sympathy with the Pil- grims, and who viewed the enterprise only as a source of pecuniary profit. They introduced into the colony persons of opinions similar to their own, and of course unfriendly to the Pilgrims. Among them, John Lyford and John Oldham became unhappily conspicuous. The Pilgrims were of that section of the Puritans who dissented from the establishment, and were stig- matized as " Separatists." There w^ere in the colony a few Puritans of more moderate views, who resided there for a while, but " out of dislike of their principles of rigid separation," voluntarily withdrew with their fami- lies to Nantasket, where Captain Standish had built a house, in his tour of observation in the month of Sep- tember, 1621. Mr. Roger Conant, the principal person of the company at Nantasket, was " a pious, sober, and prudent gentleman," who had come to New England as early as the fall of the year 1622, or in the next spring. As the serious charges against Lyford rest on the eoj parte statements of Bradford and Morton, they may 1 Hubbard, the authority ou this point, says, that after the dismissal of Oldham and Lyford, "some religious and well afl'ected persons," of whom " Mr Roger Conant was one," "were [had] lately removed out of New Plymouth." He has been erroneously understood as representing others beside Oldham and Lyford, to have been expelled. Hubbard, hi'2, I'M, 116 ; Young's Chrou. of Massachusetts, 'S3, note 4. BAD CONDUCT OF LYFORD AND OLDHAM. 25 be received with caution ; but as the former wrote of his own personal knowledge, and Morton himself was a youth of about thirteen years of age at the time, and was also a prominent man in the colony, and both w^ere men of known integrity, their positive testimony can be questioned only on the gravest considerations. Hubbard, the historian, passes lightly over the difficulties at Ply- mouth, but Prince^ suggests that "he is sometimes in the dark about the affairs of Plymouth, and especially those which relate to Lyford and Oldham, as also to Mr. Robinson." If Bradford's testimony is to be believed, Lyford was the evil genius of New England. He had absconded from Ireland for acts of the vilest criminality ; but before his true character was known, the Episcopal faction of the adventurers in London selected him for the ministry at Plymouth, from hostility to Mr. Robinson, who, with a portion of his church, was yet ^ at Leyden. At New Plymouth, he affected admiration of their order in church and state, and with tears and confessions sought admis- sion to their fellowship, into which he was received. So zealously did he approve their doings, that the Governor advised with him on affairs of importance. Lyford found in the colony a dishonorable person, one John Oldham, described by Governor Bradford as " a private instrument of the factious part of the adventurers in England, whom we had also called to council in our chief affairs without distrust." These congenial fellows at once united in seditious proceedings, endangering the public interests. The very ship which brought Lyford, on her » Prince, 146, 148; Morton's Memorial, 53-60; Robinson's Letter, December 20, 162o, Works, i. Ivii. * Anno 1621, " Master Layford was at the merchant's charJge sent to Plimoth plantation to be their pastor." — New English Canaan. 4 26 THEIR TREASON EXPOSED. return voyage to England in July, carried about twenty letters from him, and some from Oldham, filled with slanders and false accusations of the colonists, tending to their utter subversion and ruin. Soon after, their mutin- ous behavior obliged the Governor to bring them before a court in the presence of the whole company, where their falsehood and guilt were proved by their intercepted correspondence. They were banished the colony. Old- ham returned in the spring of 1625, without leave, and by his violence provoked a second expulsion with peculiar ignominy. Bradford's quaint account of it is as follows: He " openly comes, and in so furious a manner reviles us, that even his company are asham'd of his outrage. Upon which we appoint him to pass thro' a Guard of Sol- diers, and every one with a musket to give him a blow on his hinder part, is then conveyed to the water side, where a boat is ready to carry him away," "with this farewell," says Morton,^ " Go and mend your manners." " While this is doing, Mr. Winslow and Mr. William Peirse ^ land from England, and bid them spare neither him nor Lyford: for they had play'd the villains with us ; and their Friends in England had the like bickerings with ours there about Lyford's calumnious letters, &c. After many meetings, and much clamour against our agents, for accusing him; the controversy was referred to a further meeting of most of the adventurers to hear and decide the matter. Mr. Lyford's party chose Mr. White, a counsellor at Law ; the other chose the Rev. Mr. Hooker, Moderator ; and many friends on both sides ' Morton's Memorial, 58 ; Prince, 153. Running the gauntlet was a statute punish- ment as late as 1676. Plymoutli Colony Laws, p. 179. 2 Mr. Savage has a note about Peirse, Winthrop, i. 29,3 jq y^lijch add p 110, vol. viii. of the N. E. Hist. Gen. Reg., April, 1854. LYFORD EXPELLED FROM THE MINISTRY. 27 coming in, there was a great assembly; in which Mr. Winslow made so surprising a discovery of Lyford's car- riage when minister in Ireland, for which he had been forced to leave that kingdom, and coming to England was unhappily lit on and sent to New Plymouth, as struck all his friends mute, made 'em asham'd to defend him: and the Moderators declared, that as his carriage with us gave us cause enough to do as we did, so this new discovery renders him unmeet to bare the ministry more." ' The character and relations of these persons, as here developed, will account for their part in the transactions at Cape Anne, as it appears in the course of the follow- ing narrative. * Prince, 153. CHAPTER IV I'LYMOUTH COLONY SENDS WINSLOW AS AGENT TO ENGLAND FAME OF THE COLONY IN ENGLAND REV. JOHN WHITE OF DORCHESTER. LORD SHEFFEILD BECOMES INTERESTED GRANTS A PATENT FOR CAPE ANNE COPY OF THE CHARTER CAPE ANNE OCCUPIED FAILURE OF EFFORTS AT CAPE ANNE DISAFFECTION OF THE LONDON MERCHANT ADVENTURERS LEVETT's ACCOUNT OF PLYMOUTH AND CAPE ANNE IN 1624. After two years of colonial life and observation, the pilgrims deputed^ Edward Winslow, Esquire, to the merchant adventurers in England, to report the con- ditions and prospects of the colony, and to procure the needed supplies. He sailed from Plymouth in the ship Ann, on the eighteenth of September, 1623 ; and, on his arrival in London, conferred with Mr. Robert Cushman, of whom Governor Bradford says, " He was our right hand with the adventurers, and for divers years managed all our business with them." About this time, and probably through the agency of Winslow and Cushman, and the correspondence of Mr. Roger Conant, before named, the fame of the successful plantation at New Plymouth^ was spread throughout the western parts of England, especially in the counties which Smith had visited a few years before. The Rev. John White, of » Ptincc, 1 10. 2 Hubb.inl, lUfi. CUSHMAN AND WINSLOW INTEREST LORD SHEFFEILD. 29 Dorchester, loyal to the church, yet distinguished as a Puritan, took a zealous interest in these enterprises, and afterward exerted a most important influence in the colonizing of New England. In about sixty or eighty days, supplies were provided for the colony, and preparations made to extend their fisheries and to transport more persons " further to plant at Plymouth, and in other places in New England," especially "in a known place there commonly called Cape Anne." ^ Among those whose interest was gained by Cushman and Winslow, the first colonial agents from New England to Old England, was Edward, Lord Sheff'eild, then one of the leading statesmen of England, and a prominent member of the Council for New England. The creation of this company, its corporate powers, the distribution of the territory among its members, and the sanction of this by the king in council, establishing the title and right of government over the various portions, in the several proprietors, as emanating directly from the crown, have been already stated. In the exercise of this delegated authority, Lord Sheff'eild granted the charter which is now presented to the reader. It displays a political wisdom, superior to that of Locke, or any theorist, probably the fruit of colonial experience as suggested by Winslow and Cushman. No elaborate system was created. A few concise but com- prehensive sentences, embodied the essentials of a free government. The necessities of society creates laws, suited to its j)osition and character in its primitive con- ' " How great a ilifference there is between tlie theoretical and practical part of an enterprise. The Utopian fancy of any projector may easily, in imagination, frame a Hourisliing plantation in such a country as was New England." — Hub- bard, 87. 30 POLITICAL PRIVILEGES OF THE CHARTER. dition, few and simple, and in its progress becoming more complicated and minute ; and thus the charter wisely left the polity of the colony, to be developed by and in itself. It establishes, as the basis of the body politic, institutions whose design and legitimate fruits are intelligence and virtue ; it secures to all, by fundamental laws, the opportunity of instruction, and of education in the principles of morality and religion ; and, thus pre- pared for the rights and duties of Christian freemen, it guarantees to them the exercise of those rights and duties in self-legislation, and the election of their own officers and magistrates. THE CHARTER. VU^IB JnUrntlirB ^ade the ffirst day of January Anno Dni 1623, And in the Yeares of the Raigne of o"" Soveraigne Lord James by the grace of God King of England fTrance and Ireland Defender of the ffaith &;c the One and Twentyth And of Scotland the Seaven and ffyftyth 33ftiDCene the right honorable Edmond Lord Shefleild 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. 2i2tl^tnCSSCti) 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 * The council's grant of Massachusetts was by " indenture; " so recited in that of March 4, 1(528-9. The abbreviations and orthograpiiy of the original have been retained as far as tlie modern type will allow. The reader will be enabled to detect any discrepancies, by consulting the fac-similc. 32 " SCHOOLS, CHURCHES, HOSPITALS. said Bay And free liberty ,i 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 ShefTeild is, or hath byn possessed, or which haue byn allotted to him the said Lord ShefTeild, 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 aTowne, Scholes,^ Churches, Hospitalls, and for the mayn- tenance 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,^ 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,^ 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^ 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 "JTciyflUiJ SUtl i))aginfi for ever yearely vnto the said Lord ShefTeild, his heires, successo'% Rent gatherer, or assignes for every Thirty Acres soe to be obteyncd, and possessed by ^ 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. ^ 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 school.s, sup- ported 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 — tliis 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 llelation," etc. 1G22. 3 The germ of a Republic. * Every man a landholder. * 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. 33 the said Robert & Edward theire hcircs, successo", or Associats Twelve Pence of lawful! 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 ^U^ ti)t Stlltf Lord SheflTeild 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 ^UtT further That it shall and may be lawfuU 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 Armes^ 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 ^Xlti ti)Z SaitJ 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 tlie 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. - Under this prerogative of sovereignty Governor Conant would have ample authority to repel the iuvasoin of his territory. See chap. v. This authority is cun- tained 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. 5 35 POPULAR LEGISLATION. ELECTIVE OFFICERS. lawfull survey ^ hadd, and taken of the aforesaid Lands, and good informacon gyven to the said Lord Sheffeild his heires, or assigncs, 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 reason- able 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) Mtiii shall and will also at all tymes hereafter vpon reason- able 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 Incorporacon^ whereby the said Vnder- takers, and their Associats shall haue liberty and lawfull authority from tyme to tyme to make and establish Lawes, Ordynnces, and Consti- tucons 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^ of them to Establish such Laws, Provisions ' The royal charter, 1G20, provides for " a commission of survey and distri- bution " of the hvnds. ^ '* It is likewise provided, that all the cities in that territory, and other inferior towns where tradesmen are in any numbers, sliall be incorporate and made bodies politic, to govern tlieir atfairs 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 tlicir 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 tirst 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 mechauicks. SUBORDINATION TO THE CROWN AND COUNCIL. 35 and Ordynncea as are or shalbe by them thought most fitt, and con- venient 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, 1 and make choice of 3|5col)^»J0lJ allvvaies That the said Lavves, Provisions, and Ordynnces which are, or shall be agreed on, be not repugnant to the Lawes of England, or to the Orders, and Constitucons^ of the President and Councell of New England ^CO- tjDtlCtr further That the said Vndertakers theire heires, and suc- cesso"^" shall fore' acknowledg the said Lord Sheffeild his heires and successo", to be theire Chiefe Lord,^ and to answeare and doe service vnto his Lo^P or his Successo", at his, or theire Court when upon his, or theire owne Plantacon The same shalbe established, and kept Kit iUgtnCS whereof the said parties to these present Indentures Inter- chaungeably have putt their Hands and Seals The day and yeares first aboue written. SHEFFEYLD. i^Seal pendent,^ On the back of the parchment is the following attes- tation : " 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. 1 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. • 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 IG'22. '' "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. Hi22. * All the auciciit legal furuuilaa v/crc here complied with. Blackstone, Book II, chap. 2 ). 36 CAPE ANNE OCCUPIED UNDER THE CHARTER. in the fac-simile. By the law and usage of that day the original instrument was executed by the grantor only, which accounts for the omission, on this parchment, of the names of the grantees whose signatures would be affixed to the counterpart remaining in the hands of ShefFeild.1 Mr. Winslow returned to Plymouth in March, in the ship Charity,^ after an absence of about six months. Among the abundant supplies for the colonists, brought in this ship, were several Devonshire cattle, perhaps the first introduced into New England, unless the colonists in Maine and New Hampshire had imported them. To us the most interesting result of Winslow's mission was the charter for Cape Anne, with the new company and materials for the colony there. The ship was soon discharged at Plymouth, and was sent thence to Cape Anne,^ taking a few Plymouth planters to aid in building fishing stages. They erected " a great frame house " for the various purposes of the fishery, and during the sum- mer of the next year made further improvements. New Plymouth, in the fourth year of her settlement, having a population of about one hundred and eighty persons, extended the limits of her commercial enterprise, and endeavored to found a new plantation, a scion from the parent colony, a visible aggression of the Anglo Saxon race on American soil ; perhaps the first instance of our territorial expansion — " annexation." From this acquisition, so full of promise, Plymouth reaped only bitter disappointments and reverses; their » Blackstone, Book II. ch. 20, § 1. 2 Judge Davis thinks that Winslow and Lyfbrd came in the Ann, though Prince says he came in the Charity. Winslow went to England in the Jinn the 10th of September before. Davis' Morton, 111; Prince, 146, 147. 3 Prince, 140, 147. PLYMOUTH AND CAPE ANNE IN 1C24. 37 agent proved inefficient, the salt works were injured, the house burnt, and a series of difficulties embarrassed the enterprise. The disastrous loss of property sundered the only bond of interest between the Pilgrims and the "mer- chant adventurers " in London, who dissolved their asso- ciation and discontinued their assistance to the Plymouth Colony. But a portion of the members, either with some lingering interest in the settlement, or, more probably, with the hope of retrieving their losses, wrote to the colo- nists, encouraging them that they were " the people that must make a plantation in those remote parts when all others failed,"^ and consigned to them another cargo of goods, but at unreasonable and oppressive prices.^ At the very time of these occurrences, the summer of the year 1624, Christopher Levett, Admiral of New Eng- land, was on this coast, and from him we have the obser- vations of a mere looker-on. He says, " neither was I at New Plymouth, but I fear that place is not so good as many others ; for if it were, in my conceit, they would content themselves with it and not seek any other, hav- ing ten times so much ground as would serve ten times so many people as they have now amongst them. But it seems they have no fish to make benefit of, for this year they had one ship fish at Pemoquid and another at Cape Ann, where they have begun a new plantation, but how long it will continue I know not. * * * I fear there hath been too fair a gloss set on Cape Ann. I am told there is a good harbor which makes a fair invitation, but when they are in, their entertainment is not answerable, for there is little good ground,^ and the ships which fished 1 Prince, 14G, 147, 148 ; Ibid. 133. "^ During the earlier years tliese merchants advanced goods at an interest of oO to 50 per cent. Holmes' Annals, i. 190, note 1. 3 'i"he Gloucester records fix the exact locality of the settlement, and from per- 38 THE FISHING BUSINESS. there this year, their boats went twenty miles to take their fish, and yet they were in great fear of [not] making their voyages, as one of the masters confessed unto me who was at my house." ^ The conclusion of this attempt to colonize Cape Anne, and the tracing of the current of events to the establishment of a colony under Mr. Roger Conant, will occupy the next chapter. sonal examination, I can testify to the accuracy of Levett's description ; there is a " little good ground " surroumled by barren granite hills, covered with clumps of pine : it is now cultivated as a farm. See Appendix V. 1 In Maine Hist. Coll. ii. t)S, 99. CHAPTEE V. PURITANISM IN ENGLAND BISHOP LAKE AND REV. JOHN WHITE FAVOR NEW ENGLAND REASONS FOR COLONIZING THE DORCHESTER COM- PANY THEY ESTABLISH A COLONY AT CAPE ANNE TJNDER THE SHEF- FEILD CHARTER ROGER CONANT APPOINTED GOVERNOR HOSTILITY OF LONDON MERCHANTS THEIR AGENT HEWES MAKES REPRISALS OF PLYMOUTH PROPERTY AT CAPE ANNE GOV. CONANT EFFECTS PEACE. The Puritan portion of the Church of England, opposed to the court maxim of unUmited power, and to the grow- ing favor to its natural ally — Popery — began to feel the heavy pressure of its discipline. The law was claimed and administered by the court hirelings. The friends of civil and religious liberty were execrated as rebels and traitors, and their cause made the occasion of derision and reproach. One of the prelates, Arthur Lake, Bishop of Bath and "Wells, and his friend, the Rev. John "White, before re- ferred to, men of quiet and excellent lives, were of this party. They looked towards New England as a refuge from the impending storms of persecution. The venera- ble dignitary professed to Mr. White, that but for the infirmities of age he would go thither with him.^ ^ The fact that a Prelate of the Church of England was one of the earliest friends of New England, has been, I believe, hitherto unnoticed. Hugh Peters' " Lust Legacy to his Daughter." Boston, 1717, p. 77. Bishop Lake was born at South- ampton, sou of Almeric Lake or du Lake, and brother of Sir Thomas, Secretary of 40 REASONS FOR COLONIZING NEW ENGLAND. The advantages of a permanent settlement on the coast of New England were early brought to the attention of those engaged in the western fisheries/ but without any effect, for the reason, it may be, that they were the sug- gestions of men of liberal pursuits who would contemplate the ultimate results of colonization, not less than the im- mediate gains of trade. In the year 1585, a " student of the middle temple," Richard Hackluyt, wrote a tract on the subject ; it was urged by Edward Hayes,^ in the year 1602, and by Edward Winslow, in a pamphlet, entitled " Good Newes from New England," published in the year 1624. He says, "what may the planters expect when once they are seated, and make the most of their salt there, and employ themselves at least eight months in fishing ; whereas the others fish but four, and having their ship lie dead in the harbour all the time, whereas such shipping as belong to plantations may take freight of passengers or cattle thither, and have their lading pro- vided against they come." These views commended themselves to Mr. White.^ State, elevated to the See of Bath and Wells in 1616, and died in 1626. A thick folio volume of his sermons was published in 1G2'J. Laud was liis immediate successor in his bishopric. Rev. John AVhite, A. M., born at Stanton, St. John, in Oxford- shire, 1576, was Rector of Trinity Church, in Dorchester, 1606 - 1648, with little interruption. The Prelate Laud persecuted him for preaching against popish cere- monies. Prince Rupert plundered his house, and robbed him of his library. He was eminent in the assembly of divines. He died July 21, 1648, aged 72, and lies buried in the porch of St. Peter's Church, Dorchester, but, " * " a measure which would have broken the strength of the Dissenters, as a body, to the eminent hazard of civil liberty." Sir James Mackintosh. 3 Arnold's Discourse before the Rhode Island Hist. See, Jan. 7, 1853. THE BASTARD PAPACY IN ENGLAND. 73 the very colony which it had planted and nourished — a joy to the Pilgrims. The autobiography of Sir Simon D'Ewes, as cotcm- porary with these movements, exhibits the views of the Fathers of New England, respecting the tendency of public affairs in Old England. He says : " For men to call themselves Protestants, as Bishop Laud,^ Bishop Wren, and their wicked adherents, to swallow up the preferments of our church, to inveigh against Popery in word only, and in the main to project and plot the ruin of the truth and gospel, to maintain and publish the most gross and feculent errors of the Romish synagogue, to cause God's day to be profaned, his public service to be poisoned by idolatry and super- stition, his faithful and painful ministers to be censured, suspended, deprived, and exiled, they do no less impu- dently and furiously weaken and undermine the Gospel of truth, than if they were hired by the Pope himself, at great rates. 5» 2 1 Yet Laud's memory is precious, for the evil which he did has been prolific of good. By his persecutions he "may be called the Father of New England." Douglass' Summary, i. 367 ; Neal's N. E. 191, 192. He is credited with the good service of reclaiming from the Romish Church, William Chillingworth, author of the great argument "The Religion of Protestants." His victims used to say " Great laud to the Lord — little Laud to the Devil ! " " Did not the deeds of England's primate First drive your fathers to this climate, Whom jails and fines and every ill Forced to their good against their will ? Ye owe to their obliging temper The peopling your new fangled empire. While every British act and canon Stood forth your causa sine qua iion.'* M'Fingal, Canto ii. Milton's "Reformation in England" best exhibits the facts and principles leading to the settlement of New England. ' " The sour crudities of yesterday's Popery, those constitutions of Edward VL" being established in Elizabeth's reign: "from that time followed nothing but im- 10 74 TOLERATION WOULD HAVE BEEN FATAL. The Puritan founders of New England did not ^ pro- fess toleration ; it would have been suicidal. Neither justice nor equity required that they should receive or re'tain any who were inimical to their adopted insti- tutions; they well understood the truth, a few years afterward spoken by John Pym,^ in his great speech in prisonments, troubles, disgraces on all those that found fault with the decrees of the convention, and straight were branded with the name of Puritans.^' Milton's Prose Works, 1641, Bohn's ed. ii. 410, 374, 26. At the Hampton Court Confer- ence, Thursday, 12 Jan. 1603, James said of the Puritans, " I shall make them conform themselves, or I will harry them out of this land, or do worse," of which Bancroft, the High Church Bishop of London, declared that he "was fully per- suaded that his majesty spoke by the instinct of the spirit of God! " This " finished specimen of all that a king ought not to be" compelled a union of the State and Church Puritans, which party thenceforth included all who opposed the king, and even Abbott, the Archbishop of Canterbury, was reckoned among them, because he did not approve the Court maxims of the king's unlimited power." Rapin's Hist, of Eng. ii. fol. 17G, 179, 214, 215, 222. 1 Governor Thomas Dudley's lines may be quoted : " Let men of God in courts and churches watch O'er such as do a Toleration hatch ; Lest that ill egg bring forth a cockatrice, To poison all with heresy and vice. If men be left, and otherwise combine. My epitaph 's I died no libertine!" Rev. John Cotton and Rev. John Norton were equally intolerant; but these men founded institutions whose strength is in freedom of opinion. Dr. Increase Mather, in his election sermon. May 23, 1677, " concerning the Danger of Apostacy," says, "that which concerns the magistrate's power in matters of religion," "is now become a matter of scruple and distaste to some amongst us." The thii'd or Pro- vincial charter of 1602, which was procured by Mather, tolerated " all Christians, except Papists; " and here Mather seems to have Milton's authority, "Whether Popery be tolerable or no? Popery is a double thing to deal with, and claims a two-fold power, ecclesiastical and political — both usurped, and the one supporting the other." In Holland, as early as 1573, " all restraint in matter of religion was as detestable as the Inquisition itself; " but even there they were compelled to acts of severity towards Popery, in consequence of her political machinations. Broad- head's History of New York, 101, 103, 458, 559, 787. " I am not of opinion," said Milton, in 1641, " to think the church a vine in tliis respect, because, as they take it, she cannot subsist without clasping about the elm of worldly strength and felicity, as if the heavenly city could not support itself without the props and buttresses of secular authority." 2 Foster's Statesmen of the Commonwealth, New York ed. 166. SELF-PRESERVATION REPELLED OLD WORLD POLITIES. iO Parliament, 1640, "T/^e prmciples of Poperie,'' said he, " are such as are incompatible with any other religion. There may be a suspension of violence for some time, by certain respects; but the ultimate end even of that moderation is, that they may with more advantage ex- tirpate that which is opposite to them. Lawes will not restrain them — oathes will not." The heavy darkness of the Romish sway, which had been penetrated by the glimmerings of the dawning Reformation, seemed to be again fast gathering over England. The Christian and Patriot now rose to the death struggle for Religion and Liberty. While the conflict raged in England, not less arduous was the struggle for the possession of the New World in behalf of the Rights of Man. Our fathers, driven from home by oppression and cruelty, the legitimate offspring of the Old W^orld polities, with the instinct of self-preservation, repelled their intrusion ^ upon these western shores, amid whose wilds and solitudes they seemed instantly to feel the inspiration of the liberty which they sought. " The English Puritans, the chief of men, whom it is the paltry fashion of this day to decry, divided their vast inheritance 'Among the "General Considerations for the Plantation in New England" stands this: "First, It Avill be a service to the church of great consequence, to carry the gospell into those parts of the world, and to raise a bulwarke againste the Kingdom of Antichrist, which the Jesuits labor to rear up in all places of the world." Hutchinson's Collection, 27. Dr. Donne, Dean of St. Paul's, in a sermon to the " Honorable Company of the Virginian Plantation," Nov. 13, 1G22, said, " The Papists are sorrie wee have this countrey, and surely twenty lectures in matter of controversie doe not so much vese them, as one ship that goes and strengthens that plantation; ueyther can I recom- mend it to you by any better rhetorique than their malice."' In 1G48, the Rev. John Cotton, of liuston, said : " Some of the Jesuits at Lisburn, and others in the Western Islands, have professed to some of our merchants and mariners, they look at our plantations, (and at some of us by name.) as dangerous supplanters of the Catholic cause." "Way of Congregational Churches Cleared." London, 1648, p. 21,22. 76 RELIGIOUS AND CIVIL LIBERTY INSEPARABLE. between them in the reign of Charles I. One body remained at home, and established the English Consti- tution : one crossed the Atlantic, and founded the Ameri- can Republic — the two greatest achievements of modern times." 1 Distant by three thousand miles from Cathedral shades, and the terrors of Spiritual and Star Chamber powers, safe in the retirement of the forests of the New World, wary by experience, elevated and enlightened by the teachings of Christ, amid a combination of favorable circumstances never previously known in the experience of man, and which can never exist again, Freedom spon- taneously developed her institutions in their simplest and truest forms, and published to all the world the insepara- ble bonds of religious and civil liberty. Under these circumstances, and amid these influences, has been originated and developed the true polity for an enlight- ened and free people, containing within itself the recu- perative principle of life, and the germ of kindred institutions among all nations. ' Edlubursfli Review. APPENDIX. I. Edmund, Lord Sheffeild — a prominent and influential statesman or courtier of the times of Elizabeth, James, and Charles the First, seems to have retained the royal favor more successfully than did some of his cotemporaries. For this reason, perhaps, he occupies a less conspicuous position in history, than belongs to others whose mis- fortunes reflect lustre on their worth, and infamy on their sovereigns. He was born of noble lineage, about 1566, and was early introduced at Court ; for in 1582, he was one of those who, by command of Elizabeth, attended her suitor, the Duke of Anjou, to Antwerp. For his good service in the contest with the Armada, he was, three days after, on the 26th of July, 1583, knighted by his uncle. High Admiral Howard. After this he was for some years Governor of Briel, a forti- fied seaport in the Netherlands, famous in her history, which England held as security for loans in the war with Spain. Upon his return to England he mingled in the affairs of state, and his name is frequently associated with the Earl of Northampton. In 1612, they were both seeking a place in the royal council, and there was a " flocking of Parliament men " '■ in meetings and consultations with the Earl of Southampton and Lord Sheffeild, at Lord Rochester's chambers." About 1614, he obtained the presidency of the council of the north, 78 APPENDIX. an institution created by Henry VIII. at York, in 1537, after the troubles which broke out in the northern counties, in consequence of the suppression of the lesser monasteries, to administer justice and maintain order in these counties, independently of the courts at West- minster. The jurisdiction of the court, at first very limited, became more extended and arbitrary under James I. and Charles I. The office he held till January, 1618-19, when we find "my Lord Scroop's patent is now drawing for the Presidentship of York. He is to make up the sum already tendered to my Lord Sheffeild, .£4500 ; and .£1500 is to be given elsewhere, by way of gratuity. My Lord Sheffeild, at the resigning up of his interest, had this further testimony of the King's favor, that at his request, his Majesty was content to knight every one of the Council at York, before not knighted, which were divers ; and thence accrues a further profit to his Lordship." During the next month he was appointed Vice Admiral of the fleet then fitting out, and on Tuesday, the 21st of this month, my Lord Sheffeild " married a fine young gentlewoman of some sixteen years of age. Sir William Irwin's daughter, and is (for the country's sake, I suppose) highly applauded by the King for his choice. And surely if it be true " Blessed is the wooing that is not long adoing," we must give him for a happy man, since less than three days concluded wooing, wedding, and bedding." He became connected with American affairs in 1609, being one of the patentees named in the charter of the Virginia company in that year, and was, in 1620, one of a committee, with the Earl of South- ampton, Sir Nicholas Tufton, and others, to propitiate the King's favor, and in the same year he appeared in the party against the King's favorite, Sir Thomas Smith ; but two years later, in 1622, he joined the King's party, and so continued till after 1625, when he was created by Charles I. Earl of Mulgrave. In April, 1628, when the Earl of Arundel, in parliament, resolutely declared his purpose to maintain popular liberty against the King's prerogative, Mulgrave sustained him. He was one of the twelve eminent peers, among whom were Warwick, Say and Seal, and Brook, all inclined to the popular party, who so- licited from Charles I. the convocation of the constitutional parlianient A r r E N D I X . 79 of 1640, which assumed the sovereign power. From his disafTcction to the Virginia company, it is reasonable to suppose that he had con- siderable influence in procuring the patent to the Plymouth company, of which he was an original member, and under which he issued the patent of Cape Anne, thus rendering his name of permanent interest in New England. He died in 1646. A fac-simile of his signature, and his picture, are in Thane's Autography, vol. i. p. 17.^ » Rapin's Englaml, ii. 115, 136; Collier's Dictionary; Hazard, i. 118; Stith's Virginia, 180, 187, 220; Appendix, 16 ; Life and Times of James I., i. 83, 180, 17G, 333, 471 ; ii. 120, 136, 137, 145, 14R ; Davies' Hist, of Holland, ii. 175; Guizot's Hist, of the English Rev. of 1640, Bogue's cd. 46, n. 1, 84 ; Purchas' Pilgrims, vi. 1900-1005. II. " 16 : 12'""- : 1680. Richard Brackenbury, of Bcuerly, in the County of Essex, in New England, aged eighty yeares, testifieth that he the said Richard came to New England with John Endecott, Esqr. late Gouernor in New England, deceased, and that we came ashore at the place now called Salem, the 6th of September, in the yeare of our Lord, 1628 : fifty- two yeares agoe : at Salem we found liueing, old Goodman Norman, & his sonn : William Allen & Walter Knight, and others, those owned that they came ouer vpon the acco' of a company in England, calcd by vs by the name of Dorchester Company or Dorchester marchants, they had sundry houses built at Salem, as Alsoe John Woodberye, Af' Conant, Pecter Palfcry, John Balch & others, & they declared that they had an house built at Cape Ann for the dorchester company, & I haueing waited vpon M'- Endecott, when he atended the company of 80 APPENDIX. the Massathusetts pattentees, when they kept theire court in Cornewell Street in London I vnderstood that this company of London haueing bought out the right of the Dorchester marchants in New Eng- land, and that M"^' Endecott hat power to take possession of theire right in New England, which M'- Endecot did, & in perticuler of an house built at Cape Ann, which Walter Knight tSc the rest, said they built for Dorchester men : & soe I was sent with them to Cape Ann to pull downe the said house for M"^- Endecott's vse, the which wee did, & the same yeare wee came ouer according to my best remembrance, it was that wee tooke a further possession, on the north side of Salem ferrye, comonly caled Cape an side, by cutting thach for our houses, ^ and soone after laid out lotts for tillage land on the s"" Cape an side, & quickly after sundry houses were built on the said Cape an side, and I my selfe haue lined there, now for about 40 yeares & I with sundry others haue beene subdueing the wildernes & improuing the feilds & comons there, as a part of Salem, while wee belonged to it & since as inhabitants of Beuerly for these fifty yeares, & neuer y' I heard of disturbed in our possession, either by the Indians or others saue in our late vnhappy warr, with the heathen, neither haue I heard by myselfe or any other inhabitants with vs, for the space of these fifty yeares, that M'- Mason or any by from or vnder him did take any possession or lay any claime to any lands heare saue now in his last claime within this yeare or two, : Richard Brackenbury made oath to the truth of the above writ- ten the 20th daye of January, L^Al before me, Bartholomew Gedney, Assistant In the Collony of Massathusetts." 1 '« The roofe ouer the hall, I couered with Deale boords, and the rest with such thatch as I found growing here about the Harbour, as sedge, flagges, and rushes, a farre better couering than boords, both for warmth and titeness." — Letter July 28, 1622, from Edward Wynne, Gov. of Lord Baltimore's Plantation at " Ferryland,'' Newfoundland. APPENDIX. III. 81 "16: 12'"''-= 1G80. William Dixy, of Beuerly in New England, aged about 73 yeares, Testifieth that I came to New England & ariued in June 1629, at cape an, where wee found the signes of buildings & plantation work, 6s saw noe English people soe we sailed to the place now caled Salem, where we found Af' John Endecott, Governo' &- sundry inhabitants besides : some of whom s'^ they had beene seruants to Dorchester com- pany : & had built at cape an sundry yeares before wee came ouer, when we came to dwell heare the Indians bid vs welcome & shewed themselues very glad that we came to dwell among them, and I vnder- stood they had kindly entertained the English y' came hether before wee came, & the English & the Indians had a feild in comon fenced in together, & the Indians fled to shelter themselues, vnder the English oft times, Saying they were afraid of theire enemy Indians in the Gentry : In perticuler I remember somtime after, wee ariued, the Agawam Indians, complained to M'- Endecott that they weare afraid of other Indians, caled as I take it, tarrateens, Hugh Browne was sent with others in a boate to agawam for the Indians releife, & at other times wee gaue our neighbour Indians, protection from theire enemy Indians. Taken vpon oath this 16"" February, 1680 : before me William Browne &; Bartholomew Gedney, Assistants." IV. u 16 : 12™°- = 1680. Humphry Woodberye, of Beuerly in New England, aged about 72 yeares. Testifieth, that when I liucd in Sumersetshire in England, I remember that my father, John Woodberye, (since deceased) did about 11 82 APPENDIX. 56 yeares agoe remooue for new England, & I then traueled with him as farr as Dorchester, and I vnderstood that my said father came to New England by order of a company caled, Dorchester Company, (among whom M"'- White, of Dorchester in England, was an active in- strument,) & that my father & the company with him brought cattle & other things, to Cape Ann, for plantation work, & built an house & kept theire cattell, & sett up fishing, & afterwards some of them remoued, to a neck of land, since called Salem : After about 3 yeares absence, my said father returned to England, & made vs acquainted with what settlement they had made in New England, & that he was sent back by some that Intended to setle a plantation about 3 leagues west of Cape Ann, to further this designe, after about halfe a year's stay in Ingland, my father returned to new England & brought me with him, wee ariued at the place now caled Salem, in or about the month of June 1628 : where wee found seuerall persons that said they were seruants to the Dorchester company, & had built another house for them at Salem besides that at cape Ann The latter end of that sumer, 1628 : Joha Endecott, Esq'' came ouer gouerno'' declaring his power, from a company of pattentees in or about London : and that they had bought the houses boates and seruants, which belonged to the Dorchester Company & that he s*^ Endecott had power to receiue them, which accordingly he did take possession of: When wee setled the Indians neuer then molested vs in our im- prouemen" or sitting downe, either on Salem or Beuerly sides of the ferry, but shewed themselues very glad of our company, & came & planted by vs, &; often times came to vs for shelter, saying they were afraid of their enemy Indians vp in the contry : & we did shelter them w" they fled to vs, & we had theire free leaue to build & plant where wee haue taken vp lands, the same yeare or the next after, wee came to Salem wee cutt hay for the cattell wee brought ouer, on that side of the ferry now caled Beuerly : & haue kept our possession there euer since, by cutting hay or thatch, or timber & boards & by laying out lotts for tillage, & then by peoples planting : & some time after, build- inof and dwelling hecre, where I with others haue liucd about 40 yeares : In all this time of my being in New England I neuer heard APPENDIX. 88 that M'" Mason, took possession hcare, disbursted estate vpon or layd any claime, to this place of ours, saue the discourses of a claime within this yeare or two : The testimoney within written is taken vpon oath this 16 : Feb- ruary, 1680 : before William Browne & Bartholomew Gedney, Assistants." V. "Gloucester, June 22d, 1854. J. WiNGATE Thornton, Esq. Dear Sir, ****** On the north-west side of the outer harbor of Gloucester is a tract of land, containing about one hundred acres, more or less, which, in our early town-records, is called ' ffisherman's field.' It is mentioned by that name in a grant to Rev. Richard Blynman, one of the company who made the permanent settlement here in 1642. Commencing at the westerly end of the beach, on the north side of the harbor, it extends in a southerly direction, and on its westerly side is skirted by the main road to Manchester, which separates it from a range of hills. On the sea-ward side it has two coves, one of which is very small, formed by the projection of a rocky bluff into the harbor. This bluff is called Stage Head, and tradition affirms that this is the place where the operations of the first fishing company at Cape Ann were carried on. A breastwork was raised on this spot in the revolutionary war, and Stage Fort has been its general appellation for many years. I have met with nothing to show that this place might have derived its name from its improvement for a fishing stage at any later period in the history of the town, than that now under consideration. One of the objects of the fishing company just mentioned, was to combine fishing and agricultural employments; and for the latter no spot more favor- 84 APPENDIX. able than ' ffisherman's field ' could be found on our shores, as it is less rocky than any other tract of equal extent on the borders of the harbor. It was also convenient for their fishery. Many of the first settlers of Gloucester who resided at the harbor, received grants of land in ' flisherman's field ; ' finding probably in its state of preparation for cultivation, a compensation for its incon- venient distance from their homes. It may be suggested that these grantors were fishermen, and that the spot derived its name from that circumstance ; in answer to which it may be said, that none of them are known to have been of that occupation, while it is certain that the chief employment of most of the early settlers here was upon the soil, and hot upon the sea. The records authorize an inference that many of them were employed in the forest and the ship-yard. Current tradition, then, and the names applied to that locality, leave no room for doubt in my mind, that 'ffisherman's field' was the spot occupied by the English at Cape Ann in 1624, and all who visit it may find an interesting subject of thought, in reflecting upon the care that nurtured and the heroism that defended the feeble germ there planted, through every stage of its growth to a vigorous and happy maturity. Yours, very truly, John J. Babson." ^> v/S ■^ > CI Mr iHrS^l THE LIBRARY UNIVFRSFTY OF C AI IFORNIA Santa Barbara THIS BOOK IS 1)1 E ON THE EAST DATE STAMPED BELOW. •BUS MAY 181996 tooks ret-^d [y hi, ZBail ^'RETO MAY 2419% 30 ^RETD JUL 2 8 1997 1 AY ^^. 199S INTER! !a%\^Yi^OAN SANTA BARBARTCTa 9.3 C RETTOCT2 61998 5-- lOOM 11/86 Series 9482 m^ o vdvaavfl viNVS o i s o UIS)l3AlNn 3HI o