and directions, instructions, forms and ceremonies of government and magistracy, so that the same be not contrary to the laws and statutes of England; to correct, punish, pardon, govern, and rule all inhabitants of the colony by such laws and ordinances, and in defect thereof, in cases of necessity, according to the good discretions of their governors and officers respectively, as well in cases capital and criminal as civil, both marine and others, so always that the same ordinances and proceedings be, as near as conveniently may be, agreeable to the laws, statutes, government, and policy of England; and finally to regulate trade and traffic to and from the colony, prohibiting the same to all persons not licensed by the corporation.' The charter further contains some extraordinary powers in cases of rebellion, mutiny, misconduct, illicit trade, and hostile invasions, which it is not necessary to particularize. The charter also declares, that all the territory shall be holden of the crown, as of the royal manor of East Greenwich, in Kent county, in free and common soccage, and not in capite, nor by knight service; and that all subjects, inhabitants of the plantation, and their children and posterrity born within the limits thereof, shall have and enjoy all liberties and franchises and immunities of free denizens and natural subjects within any other of the dominions of the crown, to all intents and purposes, as if they had been abiding and born within the kingdom of England, or any other dominions of the crown.s

§ 62. Some of the powers granted by this charter were alarming to many persons, and especially those,

11 Haz. Coll. 109, 110, 112, 113, 114.

21 Haz. Coll. 111.

31 Haz. Coll. 117.

which granted a monopoly of trade.1 The efforts to settle a colony within the territory were again renewed and again were unsuccessful.2 The spirit of religion, however, soon effected, what the spirit of commerce had failed to accomplish. The Puritans, persecuted at home, and groaning under the weight of spiritual bondage, cast a longing eye towards America, as an ultimate retreat for themselves and their children. They were encouraged by the information, that the colonists at Plymouth were allowed to worship their Creator according to the dictates of their consciences, without molestation. They opened a negotiation, through the instrumentality of a Mr. White, a distinguished nonconforming minister, with the council established at Plymouth; and in March, 1627, procured from them a grant to Sir Henry Rosewell and others of all that part of New-England lying three miles south of Charles river and three miles north of Merrimack river, and extending from the Atlantic to the South Sea.

§ 63. Other persons were soon induced to unite with them, if a charter could be procured from the crown, which should secure to the adventurers the usual powers of government. Application was made for this purpose to King Charles, who, accordingly, in March 1628, granted to the grantees and their associates the most ample powers of government. The charter confirmed to them the territory already granted by the council established at Plymouth, to be holden of the crown,

1 Marsh. Colon. ch. 3, p. 83; Chalm. Annals, p. 81, 83. 2 Robertson's America, B. 10; Chalm. Annals, 90.

3 These are not the descriptive words of the grant, but a statement of the substance of it. The grant is recited in the charter in Hutchinson's Collection, p. 1, &c. and in the Colonial and Province laws of Massachusetts, printed in 1814.

as of the royal manor of East Greenwich, "in free and common soccage, and not in capite, nor by knight's service," yielding to the crown one fifth part of all ore of gold and silver, &c. with the exception, however, of any part of the territory actually possessed or inhabited by any other Christian prince or state, or of any part of it within the bounds of the southern colony [of Virginia] granted by King James. It also created the associates a body politic by the name of "The Governor and Company of the Massachusetts Bay in New-England," with the usual powers of corporations. It provided, that the government should be administered by a governor, a deputy governor, and eighteen assistants, from time to time elected out of the freemen of the company, which officers should have the care of the general business and affairs of the lands and plantations, and the government of the people there; and it appointed the first governor, deputy governor, and assistants by name. It further provided, that a court or quorum for the transaction of business should consist of the governor, or the deputy governor, and seven or more assistants, which should assemble as often as once a month for that purpose, and also, that four great general assemblies of the company should be held in every year. In these great and general assemblies, (which were composed of the governor, deputy, assistants, and freemen present,) freemen were to be admitted free of the company, officers were to be elected, and laws and ordinances for the good and welfare of the colony made; "so as such laws and ordinances be not contrary or repugnant to the laws and statutes of this our realm of England." At one of these great and general assemblies held in Easter Term, the governor, deputy, and assistants, and other officers were to be annually chosen by the company present.

The company were further authorized to transport any subjects or strangers willing to become subjects of the crown to the colony, and to carry on trade to and from it, without custom or subsidy for seven years, and were to be free of all taxation of imports or exports to and from the English dominion for the space of twentyone years, with the exception of a five per cent duty. The charter further provided, that all subjects of the crown, who should become inhabitants, and their children born there, or on the seas going or returning, should enjoy all liberties and immunities of free and natural subjects, as if they and every of them were born · within the realm of England. Full legislative authority was also given, subject to the restriction of not being contrary to the laws of England, as also for the imposition of fines and mulets "according to the course of other corporations in England." Many other provisions were added, similar in substance to those found in the antecedent colonial charters of the crown.

1

§ 64. Such were the original limits of the colony of Massachusetts Bay, and such were the powers and privileges conferred on it. It is observable, that the whole structure of the charter presupposes the residence of the company in England, and the transaction of all its business there. The experience of the past had not sufficiently instructed the adventurers, that settlements in America could not be well governed by corporations resident abroad; or if any of them had arrived at such a conclusion, there were many reasons for presuming, that the crown would be jealous of granting powers of so large a nature, which were to be exercised at such

2

1 Hutch. Collection, page 1 to 23; 1 Haz. Coll. 239; 1 Chalmers's Annals, p. 137.

2 Chalmers's Annals, 81; Robertson's Hist. Amer. B. 10.

a distance, as would render any control or responsibility over them wholly visionary. They were content therefore to get what they could, hoping, that the future might furnish more ample opportunities for success; that their usurpations of authority would not be closely watched; or that there might be a silent indulgence, until the policy of the crown might feel it a duty to yield, what it was now useless to contend for, as a dictate of wisdom and justice.1 The charter did not include any clause providing for the free exercise of religion or the rights of conscience, (as has been often erroneously supposed;) and the monarch insisted upon an administration of the oath of supremacy to every person, who should inhabit in the colony; thus exhibiting a fixed determination to adhere to the severe maxims of conformity so characteristic of his reign. The first emigrants, however, paid no attention to this circumstance; and the very first church planted by them was independent in all its forms, and repudiated every connexion with Episcopacy, or a liturgy.3

§ 65. But a bolder step was soon afterwards taken by the company itself. It was ascertained, that little success would attend the plantation, so long as its affairs were under the control of a distant government, knowing little of its wants and insensible to its difficulties. Many persons, indeed, possessed of fortune and character, warmed with religious zeal, or suffering under religious intolerance, were ready to embark in the enterprise, if the corporation should be removed, so that the powers of government might be exercised by the

1 Robertson's America, B. 10; 1 Chalmers's Annals, 141.

2 Robertson's America, B. 10, and note.

3 Robertson's America, B. 10; 3 Hutch. Coll. 201.

4 1 Chalmers's Annals, 94, 95.