Изображения страниц
PDF
EPUB

virginia, and the first representati assembly in uly 30/Aug. 9, 1619, by Governor Yeardley, under executed by the Virginia Company in November, of 1621, probably of similar tenor, granted to the ame form of government. The model here outlined he later English colonies.

in Stith's History of Virginia (Sabin's ed., 1865), ds of the assembly of 1619 are in Hening's Statutes rs and Constitutions" of 1619-1620 are in Force's W. Henry's First Legislative Assembly in America, Assoc., 1893, pp. 301-316; Brown's First Republic

Constitution of the Treasurer, Council, and nd, for a Council of State and General

Virginia, Captain Fran
Witam Neuce, Knigh

ds, Treasurer, Mr. Ge
Captain Thomas Neuce, D
Leech, Captain Natha
Secretary, Dr. Pots, Phys
Mr. John Berkeley, 1
John Pountis, Mr. Mich
Macock. Which said
pray and desire, and in
command, that (all Fact
dasde (they bend their C
emor; first and princip
and Service of God,

amongst the Heathen Pe
Colony in due Obedience
om his Majesty's Directi
People in Justice and Ch
and in Strength and Abilit
Council, to be always, or
near the Governor.
THE other Council, more g
once Yearly, and no often
rant Occasions, shall con
dl of State, and of two B

o whom these Presents shall come, be seen, urer, Council, and Company of Adventurers city of London for the first Colony of Vir5. KNOW YE, that we . . . have thought trance, by ordering and establishing such may not only be assisting to the Governor in the Administration of Justice, and the Duties to this Office belonging, but also, by nd Prudence, may provide, as well for a veniences, growing from time to time, as

g of Increase, Strength, Stability, and Pros-other particular Plantat

Colony:

. . . by Authority directed to us from his Great Seal, upon Mature Deliberation, do clare, that, from hence forward, there shall OUNCILS in Virginia, for the better GovernColony aforesaid.

habitants: Which Council
, wherein (as also in the s
be decided, determined,
the Voices then present; res
Voice. And this Gene

which Councils, to be called THE COUNCIL e Office shall chiefly be assisting, with their

[ocr errors]

treat, consult, and conc concerning the Publick Part thereof, as also to make

s are here inserted, viz. Sir Francis Wyat, Captain Francis West, Sir George Yeardley, Weuce, Knight Marshal of Virginia, Mr. rer, Mr. George Thorpe, Deputy of the as Neuce, Deputy for the Company, Mr. ptain Nathaniel Powel, Mr. Christopher . Pots, Physician to the Company, Mr. n Berkeley, Mr. John Rolfe, Mr. Ralph tis, Mr. Michael Lapworth, Mr. Harwood, Which said Counsellors and Council we sire, and in his Majesty's Name strictly that (all Factions, Partialities, and sinister y bend their Care and Endeavours to assist st and principally, in the Advancement of ce of God, and the Enlargement of his

Heathen People; and next, in erecting ue Obedience to his Majesty, and all lawful jesty's Directions; and lastly, in maintainustice and Christian Conversation amongst ngth and Ability to withstand their Enemies. be always, or for the most Part, residing

overnor.

incil, more generally to be called by the , and no oftener, but for very extraordinary ons, shall consist, for the present, of the and of two Burgesses out of every Town, ticular Plantation, to be respectively chosen Which Council shall be called THE GENERAL s also in the said Council of State) all Mat, determined, and ordered, by the greater n present; reserving to the Governor always nd this General Assembly shall have free ult, and conclude, as well of all emergent the Publick Weal of the said Colony and also to make ordain and enact such gen

eral Laws and Orders, for the Behoof of the said Colony, and the good Government thereof, as shall, from time to time, appear necessary or requisite;

V. WHEREAS in all other Things, we require the said General Assembly, as also the said Council of State, to imitate and follow the Policy of the Form of Government, Laws, Customs, and Manner of Trial, and other Administration of Justice, used in the Realm of England, as near as may be, even as ourselves, by his Majesty's Letters Patent are required.

VI. PROVIDED, that no Law or Ordinance, made in the said General Assembly, shall be or continue in Force or Validity, unless the same shall be solemnly ratified and confirmed, in a General Quarter Court of the said Company here in England, and so ratified, be returned to them under our Seal; It being our Intent to afford the like Measure also unto the said Colony, that after the Government of the said Colony shall once have been well framed, and settled accordingly . . . and the same shall have been so by us declared, no Orders of Court afterwards shall bind the said Colony, unless they be ratified in like Manner in the General Assemblies.

[blocks in formation]

THE attempt of the Dorchester Adventurers to establish a colony on Cape Ann, in 1623, as a base for fishing operations, failed; but there were a few scattered settlements in the region of Massachusetts Bay when, March 19/29, 1627/8, a grant for a land and trading company was obtained from the Council for New England. The patent was confirmed, with the addition of powers of government, by the royal charter of March 4/14, 1628/9. A local government, known as "London's Plantation in Massachusetts Bay in New England," was established at Salem, under the direction of John Endicott. In 1630 the charter and government of the colony were transferred to America, and the local government under Endicott was discontinued. The charter remained in force until 1684, when it was annulled by writ of scire facias.

REFERENCES. - Text in Records of the Governor and Company of the Massachusetts Bay in New England, I., 3-19. The grant of 1627/8 is recited in the charter. Important contemporary documents and accounts are

collected in Young's Chronicles of Massachusetts. See also Winthrop's History of New England (Savage's ed.), I.; Winthrop's Life and Letters of John Winthrop, II.; Sainsbury's Calendar of State Papers, Colonial, I.

[The charter begins with a recital of the patent of 1620 to the Council for New England, and the subsequent grant by the Council, in March, 1627/8, to Sir Henry Rosewell and others, which last-mentioned grant is by this present charter confirmed, and continues:]

AND FURTHER knowe yee, That . . . Wee . . . by theis presents doe . . . give and graunt unto the said Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Endecott, Symon Whetcombe, Isaack Johnson, Samuell Aldersey, John Ven, Mathewe Cradock, George Harwood, Increase Nowell, Richard Pery, Richard Bellingham, Nathaniel Wright, Samuell Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pinchion, and George Foxcrofte, theire heires and assignes, All that parte of Newe England in America which lyes and extendes betweene a great river there commonlie called Monomack river, alias Merrimack river, and a certen other river there called Charles river, being in the bottome of a certen bay there commonlie called Massachusetts, alias Mattachusetts, alias Massatusetts bay: And also all and singuler those landes and hereditaments whatsoever, lyeing within the space of three Englishe myles on the south parte of the saide river called Charles river, or of any or every parte thereof: And also all and singuler the landes and hereditaments . . . lyeing and being within the space of three Englishe myles to the southward of the southernmost parte of the said baye called Massachusetts . . . And also all those landes and hereditaments which lye and be within the space of three English myles to the northward of the saide river called Monomack, alias Merrymack, or to the northward of any and every parte thereof, and all landes and hereditaments . . . lyeing within the lymitts aforesaide, north and south, in latitude and bredth, and in length and longitude, of and within all the bredth aforesaide, throughout the mayne landes there from the Atlantick and westerne sea and ocean on the east parte, to the south sea on the west parte:

[ocr errors]

ne fifth part of all gold and silver ores.] d ordeyne, That the saide Sir Henry Roseand all such others as shall hereI made free of the Company and Society -hall . . . be . . . one body corporate and name, by the name of the Governor and ttachusetts Bay in Newe England

[ocr errors]
[ocr errors]
[ocr errors]

all and every or any of se assembled, WEE DOE .

in his absence, the De ⚫sistants and freemen .

graunte, That . . . there shalbe one Governor, and eighteene Assistants me . . . chosen out of the freemen of the e tyme being, in such manner and forme presents is expressed. Which said officers s to take care for the best disposeing and all buysines and affaires of . . . the saide and the plantacion thereof, and the ople there. And . . wee doe . . . nomiathewe Cradocke to be the first and present Company, and the saide Thomas Goffe to

.

[ocr errors]

them soe assembled, wh

and six of the Assistan
e full power and author
such and soe many other:
be willing to accept the
and Body, and them int
constitute such officers

and the said Sir Richard Saltonstall, uell Aldersey, John Ven, John Humfrey, Whetcombe, Increase Noell, Richard Pery, muell Vassall, Theophilus Eaton, Thomas tchins, John Browne, George Foxcrofte, Villiam Pinchion to be the present Assistants

for the ordering, mannas
of the saide Governor an
rdeyne, That yearely one
the last Wednesday
Deputy Governor, and F

de saide Company, sha

to be held for that day o ing by such greater parte g, then and there present, graunt..., That it s Deputie Governor a of the said Company erall Courts aforesaide, or summoned and assembled f

e saide severall offices respectivelie for such ner as in and by theis presents is hereafter ed. [The Governor or Deputy Governor e assembling of the Company.] And that eputie Governor, and Assistants . . . shall oneth, or oftener at their pleasures, assemkeepe a Courte or Assemblie of themselves, I and directing of their affaires. [Seven or the Governor or Deputy Governor, to be a

enor or

them, (whereof the Govern
Assistants, to be alwaies s
deine, and establishe all ma
orders, lawes, statutes, and C

s not contrarie to the lawes C
setling of the formes an
istracy fitt and necessary fo
ants there, and for nameing
both superior and inferior,

« ПредыдущаяПродолжить »