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THE AMERICAN COLONIES
IN THE
SEVENTEENTH CENTURY
BY
HERBERT L. OSGOOD, Ph.D.
PBOFBSBOB OF HISTOBY TO COLUMBIA UNIVBB81TT
VOLUME I
THE CHARTERED COLONIES. BEGINNINGS OF
SELF-GOVERNMENT
• - - « • •
* *
• * * • ••
•• .•• :••
••
• <
•• •
• 0 • »• •• ••
• • • • • •
Nffo Horfc THE MACMILLAN COMPANY
LONDON: MACMILLAN * CO., Ltd.
1904
All righto irurf
Copyright, 1904, By THE MACMILLAN COMPANY.
Set up, electrotyped, and published May, 1904.
178195
•. .• ••• •
• • ••• • •
• • • • • 1
• • • •
• •
• •
• • •
: .*
./:
• •
.*\
Nortec o& 9rrsi
J. 8. Cashing & Co. — Berwick & Smith Co.
Norwood, Mast,, U.8.A.
PREFACE
This work has a double purpose. It is intended to exhibit in outline the early development of English colo- nization on its political and administrative side. At the same time it is a study of the origin of English- American political institutions. Because of this double object atten- tion has been almost exclusively devoted to the continental colonies. Had the commercial and economic aspects of colonization been the subject of the work, the picture must needs have been painted on a larger canvas.
The two volumes which are now published are concerned wholly with the American side of the subject. But they do not tell the whole of the story, even so far as it relates to the seventeenth century. Another volume will follow, the subject of which will be the beginnings of imperial adminis- tration and control. In that volume the British side of the problem will be discussed. The entire work, while serving as an introduction to American institutional history, will at the same time, it is hoped, illustrate the principles of British colonization, so far as those were revealed in the early rela- tions between the home government and its colonies on the North American continent.
The author is fully aware that the attempt to analyze and compare the institutions of fifteen colonies, and to trace their political history, even in part, during a period of half a century or more, is a work of some complexity. In his effort to do this he has limited himself, in nearly all in- stances, to the seventeenth century and to the material which was accessible for that period of time. This it was necessary to do in order to show what the governmental system was before the transition from the chartered colonies
to the system of royal provinces occurred.
iii
iv PREFACE
As a result of pursuing this course the author, in the case of some colonies, has found himself hampered by the frag- mentariness of accessible material. But that is a condition which confronts every student of origins. Notwithstanding this defect, it is believed that sufficient evidence has been brought together to reveal the essential features of Ameri- can institutions as they were at the beginning. That evi- dence, as it has been classified in this work, will, it is hoped, furnish a background from which the later colonial period and the Revolution will become more intelligible. If the critic seeks other explanations of defects, they will probably be found to result from the personal equation — for every book must have an author — and from the fact that this is a pioneer work in the domain of early American institu- tional history.
The inquiries, of which this work is a result, were under- taken, years ago, at the suggestion of Professor John W. Burgess. Special thanks are also due to Professor Franklin H. Giddings, who has read the work in manuscript, and to Dr. W. Roy Smith, of Bryn Mawr College, who has assisted in reading the proofs. The index has been prepared by Dr. Newton D. Mereness, of Cornell University.
Columbia University, March, 1901.
CONTENTS
INTRODUCTION
PAOl
The purpose and character of the work
An institutional history of the British-American colonies in the
seventeenth century
Suggestions as to classification of colonial government . . . xxvii Main subdivisions of the work xxvii
PART FIRST
THE PROPRIETARY PROVINCE IN ITS EARLIEST FORM
CHAPTER I
Charters of Discovert. Experiments of Gilbert and Raleigh
Share of private enterprise in originating the chartered colonies . . 3
The charters of discovery 4
Charters of the Cabots and other early explorers .... 4 Revival of interest in colonization in age of Elizabeth due to con- flict with Spain 5
Charter and voyages of Gilbert. Northwest passage, 1578, 1682 . 6
Earliest sketch of large proprietary grants 9
The Southampton adventurers with Gilbert 9
Charter of Raleigh, 1584. Earliest suggestion of province of
Virginia 14
Lane and Grenville on the outward voyage 16
Governor Lane and the colonists at Roanoke 18
Settlement, officials, Indian relations, food supply. First abandon- ment of Roanoke 18
Second voyage of Grenville 20
Renewal of efforts by Raleigh. Governor and assistants of city of
Raleigh 20
Governor White and second attempt to settle at Roanoke 21
Activity of White's council 21
White returns to England. Disappearance of the colonists and
final abandonment of Roanoke, 1500 22
v
VI CONTENTS
CHAPTER II
virginia as a proprietary province. experiments under
thb Charter of 1606
PAOl
Discovery continued in form of private enterprises under James I 23 Voyages of Gosnold, Weymouth, and others. Ferdinando Gorges
becomes interested 24
nggestions also of initiative and control by the government .24 An early written argument in favor of state-aided colonization 25 • Outline of charter of 1006. More precise definition of Virginia . .26 Private or proprietary element. Provisions relating to the paten- tees. Two joint companies 26
Royal element. Provision relating to king's council for Virginia
and to local councils 27
Mixed and therefore transitional character of the system . . 29 The problem which confronted the patentees of 1606. Agricultural
colonies 29
Two colonies planted, at Sagadahoc and Jamestown. Their patrons . 32
An " instruction by way of advice " 32
The settlements at Sagadahoc and Jamestown were of the proprietary
and plantation type 34
Natural and social aspects of settlements at Sagadahoc and Jamestown 34
Their location described and compared 36
The forts and the buildings which they contained .... 36
Time of landing and the consequences which followed ... 38
How the labor force was first employed 39
Beginning of trade with the Indians, especially at Jamestown.
John Smith as an Indian trader 39
The " supplies.1 * Their economic and political functions .41
Sickness and the death rate 43
Government at Sagadahoc and Jamestown. An experiment in con-
ciliar government 44
Dissensions at Jamestown ; aggravated by sickness and by loose administrative methods. President Wingfield deposed. Grad- ual elimination of councillors till one autocratic president —
Smith — is left 45
This process checked, but not defeated, by visits of Newport . 49 Attitude of Smith toward colonists and patentees . .52
CHAPTER in
Virginia as a •Proprietary Province. Administration of
Sir Thomas Smith
Defects in system of 1606 lead the London patentees to apply for new
charter. Enterprise greatly enlarged 50
Royal charters of 1609 and 1612 57
Patentees fully incorporated. The general court of the company . 57
Disappearance of the royal council for Virginia .... 57
CONTENTS Vii
PAOl
Triumph of the proprietary element 68
The treasurer and the quarter courts. Sir Thomas Smith, treasurer 00
Transition in Virginia from system of 1600 to that of 1609 ... 61
The third supply and its disaster 64
Close of Smith's presidency in Virginia 66
The "starving time" of 1600-1610. Indian war .... 67
Appointment of first governor of Virginia— Lord Delaware . 68 Arrival of Gates and Delaware at Jamestown. Rescue of the
colony . .68
System of rigid discipline instituted under Governor Dale .69-
Origin and provisions of the u Lawes Divine and Martiall " . .69
Dale's ideal of colonial life 69
Peace with the Indians. Indian trade 72
Considerable influx of settlers. Gradual decline of death rate 73
Expansion of settlement begins under Dale 73
Founding of Henrico and neighboring settlements .... 74
Private gardens to settlers 76
Earliest suggestion of a system of head rights 76
Teardley in 1617 slightly extends private grants . . 77
Reaction under Argall 77
Waste of resources of the company 77
Progress of colony retarded 79
CHAPTER IV
Virginia as a Pbofbietabt Province. Administrations of Sandys and the Earl of Southampton
Change in administration of company. Sir Edwin Sandys elected
treasurer in place of Sir Thomas Smith 80
Attempt to settle Smith's accounts 81
Earl of Warwick favors the change, but soon returns to alliance with
Smith 81
Sandys and Southampton pursue liberalized policy toward Virginia 81 Great activity in despatching colonists, cattle, and supplies to
Virginia 81
Attempt to diversify industry in the colony 82
System of reserves for company, college, and ministers ... 83 Grant of private plantations. Their place in the beginnings of
local government in Virginia 84
Disappearance of joint trading system 89
Plantations, corporations, hundreds, boroughs, cities ... 90
Distinction between towns and province appears .... 91
Grant of a House of Burgesses to Virginia 92
The Assembly of 1619 92
Action of the company on the by-laws of the assembly ... 94
The assemblies of 1621 and 1624. The instruction of 1621 96 Steps taken to perfect the organization of provincial and local
government in Virginia 96
VU1 CONTENTS
CHAPTER V The Nbw England Council
PAGE
Fishing voyages of the Plymouth patentees till 1620 .... 98
Origin of Charter of 1020 08
Opposition by London company to its grant 09
Opposition carried into parliament in 1621 100
Gorges examined in reference to the monopolistic features of the
grant 100
Provisions of Charter of 1620. Organization of the New England
council 102
The council unsuccessful from the first 103
To encourage its work Gorges publishes his Briefe Relation, 1622 . 103
Gorges's plan of a proprietary province 103
Early negotiations between the Leyden Congregation of Separatists
and the London company 105
The Wincob patent 105
The Separatists negotiate with Thomas Weston for assistance . 106 Lack of agreement between Weston, the adventurer, and the
Leyden Congregation 107
The articles of agreement not signed 109
The Mayflower sails without instructions, though loaded with sup- plies by the joint action of adventurers and colonists . . 109 Founding of colony and town of Plymouth within the grant to the
New England council 109
The town located and laid out 109
System of joint labor with separate homesteads . . .110
The town as seen by De Rasieres in 1627 110
Sickness during the first winter Ill
Journeys of discovery and opening of relations with the Indians 1 12 The u supplies1' at Plymouth. The Fortune, the Anne, the Little
James 112
Arrival of the " perticulers " in 1623 113
Differences between the colonists and the adventurers . . . .114
Weston's colony at Wessagussett 114
The New England council grants a patent to John Pierce and
associates in 1621 115
Grant of a second patent to John Pierce as sole proprietor in 1622 . 116 Pierce forced to assign his second patent to associates . .116 In 1627 the colonists buy out the claims of the adventurers to the
land 117
Land and cattle divided. System of individual property introduced 117 The "undertakers," however, manage the trade of the colony in
joint stock till 1642 118
The proprietary element in the organization of Plymouth disappears . 118 Efforts of New England council to uphold its monopoly and found a
colony 110
CONTENTS IX
PAOl
The royal proclamation of 16*22 119
Grant to Robert Gorges and his appointment as Lieutenant-General
of New England 119
Efforts to procure subscriptions and awaken interest within the
council 120
Drawing of lots for shares, June, 1623 121
Robert Gorges spends winter of 1623-1624 in New England . . 121
Relations between Robert Gorges and Weston .... 122 Return of Gorges to England and collapse of plan to found a great
province 122
New England council limits its efforts to the granting of territory along
its northern coasts 122
John Mason shares prominently with Gorges in these grants . 128
Partial list of the grants 128
Grants made according to two models, one for public and another
for private plantations 126
The Laconia company 127
The indenture of 1628 to the Massachusetts patentees .... 128
The Dorchester fishing adventure at Cape Ann .... 128
Expansion of Dorchester adventurers into Massachusetts patentees 180
Formation of the Massachusetts company and the royal charter of 1629 181
Internal organization of the company 181
Massachusetts founded as a proprietary province .... 132
Instructions to its officials a* Salem . . ~" . . • . 132
Policy of the colony at Salem as to land and government • . 136
PART SECOND
THE COBPOBATE COLONIES OF NEW ENGLAND
CHAPTER I
The Transfer of Government into Massachusetts.
The General Court
Distinction between the early proprietary provinces and the corporate
colonies 141
The London company chosen as a model by the Massachusetts
patentees 142
But the form of the colony was radically changed by the removal
of the Massachusetts company to New England . 142
The removal 144
Occasion of the removal 144
Steps preliminary to removal 145
Final action of the general court 146
Adjustment of business relations in England 147
X C0NTBNT8
PAGE
Effects of the removal on the land system and system of trade of
the colony 149
Its effect on the character of the freemen. Winthrop's " Modell " 152
The early development of the general court in Massachusetts 153
Its chartered powers reaffirmed 154
The freeman's oath 155
Addition of the deputies 155
Opposition to the exclusive claims of the magistrates continued 157
General court divided into two houses, 1644 157
Legislative equality of deputies with magistrates affirmed in 1636 . 158
Form and procedure of the two houses 158
Both houses elective 158
The court of election 158
Cases of disputed elections in towns 150
Employment of committees 159
Initiation of measures through petitions 160
Position of governor in general court 161
Controversies between the two houses 163
These due to connection between civil and ecclesiastical power in
colony 163
Position of magistrates as quorum in general court . 164
Question of the negative voice, 1634-1636 164
Question of the negative voice, 1642-1644. Case of Sherman vs.
Keayne 165
Contention of magistrates and clergy prevails 166
CHAPTER II
The Executive and Judicial System in Massachusetts
Massachusetts was governed by an executive board .... 167
Its members were closely united 167
They were steadily reelected for annual terms .... 167 Because of nature of board's function and dearth of records, it is
difficult to follow its history 168
Position of the governor in relation to the assistants .... 169
Early history and powers of the board of assistants . . .170
General court of October, 1630, gives them the right to legislate
and elect officers 171
Court of May, 1631, withdraws powers to elect governor and
deputy, but does not forbid them to legislate . . . .171 At a meeting of the board in 1631 Winthrop explains the nature of
the Massachusetts government 172
Controversies between Winthrop and Dudley in 1632 . .173
In 1634 the general court assumes full legislative power . . .176 In 1637, under influence of the clergy, the magistrates assume an
attitude of greater dignity and severity toward offenders . 177
CONTENTS XI
PAOI
Discussion of life tenure for magistrates. Experiment with a council
for life, 1686. Its failure 178
Controversy over executive discretion, 1636-1644 180
Leads to further exposition of the nature of Massachusetts govern- ment 181
Views of the magistrates and clergy prevail 282
Assumption of judicial powers by the government of Massachusetts 182
Judicial functions of the general court 188
Opinion of Winthrop and the elders in 1644 in relation to this . 184
The assistants were the stated judicial court of the colony . 184
Variety of cases which early came before them .... 185
No idea of separation of powers 186
Quarterly sessions at Boston begin in 1686 186
Procedure before this tribunal. Character of the administration
of justice in general 186
The local courts of Massachusetts 190
The county courts and their jurisdiction 190
The courts for the trial of small causes 191
Controversy over the judicial discretion of the magistrates, 1636-
1646 193
Deputies attempt to limit it, but Winthrop and the elders main- tain that only maximum and minimum penalties shall be
prescribed by law 193
Subject brought up again by the " Hingham Case " 196
Winthrop's trial 197
View of magistrates and elders prevails. The u little speech " . 199
CHAPTER HI
Relations between Church and Commonwealth in
Massachusetts
The importance of religious motive in determining the form and policy
of government in Massachusetts 200
Calvin's view of the nature of government and of the relations be- tween church and state 201
This was substantially adopted by the Puritans 203
Attitude of the Massachusetts leaders toward the Established Church
when they left England 203
The utterance of Rev. Francis Higginson 203
The affair of the Browns at Salem 204
The founding of the church at Salem 204
The "Humble Request" 206
But by force of circumstances, as well as by choice, the Puritans of
New England became Separatists 206
Their churches were based on covenant 206
English orders were practically ignored 206
XU CONTENTS
PAOB
Though professions of loyalty to the Mother Church were for a
time continued, communion with her soon ceased . . 207
Position of the clergy in Massachusetts 206
They were the only learned and professional class .... 208
They were the expounders and defenders of the church-state system 209
/ Their view of the relation between church and state .210
/ The relations between church and commonwealth as fixed by law . 212
' The religious test, 1631, 1664. Its effect 212
The consent of the magistrates required in founding of churches . 213
All inhabitants taxed for support of the clergy .... 213 Conditions under which churches must be founded were prescribed
bylaw 213
Relations of the general court to councils and synods . . . 213 Declarations of the Cambridge Platform of Discipline . .214
Sabbath legislation 216
Legislation concerning heresy 215
Attendance at church made compulsory 216
No one could preach in the colony who was disapproved by the
magistrates or general court 216
Preaching of the truth to be directly encouraged and enforced by
government 217
The clergy support the magistrates in the capacity of an extra-legal
board of referees 217
No room for religious dissent in Massachusetts 218
. The closest possible union of church and commonwealth . . . 218
The conditions which led to this 221
CHAPTER IV
The Working of the Massachusetts System as illustrated bt the Controversies with Roger Williams and the Antinomians
The controversy with Roger Williams 224
The high estimate placed by the Puritans on their charter 224
The attack of Williams on their claim to land, which was derived
through the charter 225
Williams proclaims himself a Separatist and a believer in religious
freedom 226
First effort of the magistrates to prevent the Salem church from
calling Williams as its teacher 226
Williams on his return from Plymouth assumes a submissive attitude 226 After he resumed preaching at Salem Williams begins again to
attack land titles derived from the charter and to proclaim his
Separatist views 227
Admonition begins 227
Williams protests against oaths 228
CONTENTS xiU
PAGl
He is gammoned before the magistrates, but at the same time is
called to pastorate of Salem church 228
This action of Salem church condemned by magistrates and clergy 220 Character of the questions involved and the order of their im- portance 229
General court rejects petition of Salem for land on Marblehead
Neck 231
Williams and his church appeal to churches of the colony against
the members of the general court 231
Williams's followers detached from him 232
Town of Salem forced into submission ...... 232
Williams tried and banished 233
The merits of the case 234
The Antinomian controversy 236
The leaders of the two parties to that controversy .... 236
Mrs. Hutchinson's conventicles 236
The Antinomian doctrine 237
Attitude of the body of the clergy toward this .... 237
Attitude of the Boston church toward it. Rev. John Wilson . 238 The proposal to call Rev. John Wheelwright to the pulpit of the
Boston church 238
Attitude of Governor Vane toward the controversy . . 238 The ministers labor with him, with Mrs. Hutchinson, and with
Cotton 239
Wheelwright's Fast Day sermon 241
Attack on the Antinomians begun 242
Trial of Wheelwright. He was found guilty of sedition and
contempt 242
Court of election at Newtown, May, 1637. Defeat of the Antino- mians. Election of Winthrop as governor .... 244
Vane returns to England 246
The synod at Newtown, September, 1637. Cotton falls into line.
Formal condemnation of Antinomian doctrines . . . 246 General court made more intensely conservative by another elec- tion. Meets in November 247
Exclusion of members from Boston because of its previous petitions 247
Wheelwright sentenced to banishment 248
Punishment of Coggshall and Aspinwall 249
Trial of Mrs. Hutchinson. She is sentenced to banishment . . 250 Proceedings against other supporters of the Antinomian cause in
Boston and elsewhere 268
The Boston church, now purged of its heretics, excommunicates
Mrs. Hutchinson 263
Effect of the triumph of Puritan orthodoxy 264
XIV C0NTBNT8
CHAPTER V
The Working of the Massachusetts System as illustrated by the Controversies with the Presbyterians, the Bap- tists, and the Quakers
PAOl
The controversy with the Presbyterians 256
The triumph of the Presbyterians in England in 1646 reacts upon
Massachusetts 256
Dr. Child and his associates petition general court for larger in- dulgence. This a protest of the unenfranchised against the divergence of Massachusetts law from that of England 257
Reply of the general court. Defence of its policy .... 260 The petitioners declare their intention to appeal to England . .261 This draws from the magistrates and clergy a denial of the right of
appeal and of the binding force of English law within the colony 261 The petition is sent to England in spite of strenuous efforts on part
of the magistrates to prevent it 263
No result, however, follows 264
The controversy with the Baptists 264
Puritan feeling toward Baptists colored by their horror of the
excesses of Minister 264
The essential Puritanism of the Baptists 264
The two points upon which they differed from the Puritans . 264
Early proceedings against Baptists. Act of 1644 .... 265 The case of John Clarke and Obadiah Holmes .... 266 The Baptists secure a foothold in Massachusetts after the Restoration 269
The struggle with the Quakers 260
The religious characteristics of Quakers were intensely offensive to
Puritans 269
The Puritans charged the Quakers with wrongfully forcing their
way into the colonies 272
There was no law which required Massachusetts to receive the
Quakers or forbade their exclusion 274
Their advent seemed like the inroad of wild animals or of a con- tagious disease 277
The measures adopted to meet the successive arrivals of Quakers . . 277
Mary Fisher and Anne Austin 277
Quaker books to be seized ; Quakers to be imprisoned till they could
be sent out of the colony, 1656 278
Act of October, 1656. Whipping of Quakers begins. Imprison- ment and banishment continued 278
Cases of Anne Burden, Mary Clarke, Christopher Holder, John
Copeland, and others 279
Sympathy shown for Quakers. Quakerism begins to spread in
Massachusetts 280
Harris, Leddra, Brend, and Norton 280
Quaker meetings forbidden, May, 1658 282
Death threatened against those who returned after banishment,
October, 1658 282
CONTENTS
PAOB
Severity in the treatment of Quakers constantly increases . 283
Execution of Robinson and Stevenson, 1659 283
Execution of Mary Dyer and Leddra, 1660, 1661 .... 284
Adoption of a milder policy 285
This due in part to intervention of the king 285
Increase of Quaker activity 286
Continuance of repressive measures until attention was diverted from the Quakers by Philip's war and controversy with the
home government 287
Relations between the other New England colonies and the Quakers . 287
CHAPTER VI Plymouth as a Corporate Colony
Reasons for the appearance and the disappearance of a proprietary
element in this colony 290
The organs of government within Plymouth 290
The general court originated in the Mayflower compact . . . 290
Early duties of governor, assistant, and captain .... 291
Informal character of government at the beginning . . . 292
General assumption of powers 295
Differentiation of the town from the colony 297
Evolution of counties 298
Plymouth conforms in all respects to the model of the corporate
colony 299
CHAPTER Vn Connecticut as a Corporate Colony
The colony of the River Towns 301
Reasons for the removal from Massachusetts 301
Government established under authority from Massachusetts . . 303
Town and colony government develop at the same time . . 305 Discretion of the magistrates limited from the first in the River
Towns 305
The Fundamental Orders of 1639 309
The essential identity between them and earlier legislation in
Massachusetts and Plymouth 309
Development of the general court and of the executive . . 312
Relations between church and civil power . 314 The River Towns a genuine corporate and Puritan colony . .316
The Warwick patent and colony at Say brook 319
Purchase of Saybrook by River Towns 320
The founding of New Haven colony . . . . . 321
Beginnings of town and colony government 322
The religious test 322
XVI C0NTENT8
PASS
The u combination " of 1643. Deyelopment of colony government
completed 824
The Connecticut charter of 1662 327
Its provisions relating to government 328
Its provisions relating to boundary 329
Controversy between Connecticut and New Haven . . 329
Final submission of New Haven 331
The enlarged Connecticut 331
CHAPTER Vm
Rhodb Island as a Corporate Colony
Rhode Island was formed by the union of towns 382
The relation of Roger Williams to its founding 332
The founding of Providence 334
Location of the town site 334
The " Providence purchase " and the u Pawtuzet purchase " . 836
The plantation covenant ........ 386
Issue of the " initial deed " 337
Agreement of October 8, 1638 338
Efforts of Harris and associates to enlarge bounds of the town
and develop a board of proprietors 338
Plan of 1640 for arbitration 340
Gorton at Providence 840
The settlement of Portsmouth and Newport 341
The original plantation covenant 341
The settlement at Pocasset 342
Removal to Newport, and its town compact .... 343 Removal from Pocasset to Portsmouth and another plantation
covenant 344
Union of Portsmouth and Newport into the colony of Rhode
Island 346
The settlement of Warwick 346
Character and early history of Samuel Gorton .... 346
Gorton at Plymouth and Newport 347
Gorton and his associates purchase Shawomet .... 348 William Arnold and associates of Pawtuzet put themselves under
protection of Massachusetts 348
Conflict between the Gortonists and Massachusetts . . 350 The Gortonists, after release from imprisonment in Massachu- setts, appeal to England and induce Narragansetts to put them- selves under English protection 351
Peril from outside compels the Narragansett settlements to unite . . 352
Williams procures charter of 1644 354
Massachusetts attempts to secure a patent for the entire country
about Narragansett bay 354
Terms of the charter of 1644 354
CONTENTS XV11
PAOB
Institution of government under the charter of 1644 .... 866
Court of election of May, 1647, at Portsmouth .... 366
Charter accepted by this body 866
Rhode Island takes the lead in organizing government . . 867
The general court of commissioners 868
Position of the towns in reference to the colony government . . 368
Colony officials and court of trials 869
Employment of committees by the general court .... 861
William Coddington attempts to separate the island from the mainland
towns 362
They remain separate from November, 1661, till May, 1664 . . 863
The colony further disturbed by the Dutch war .... 364
Failure of Coddington's scheme 364
Government under the charter of 1644 reestablished . . . 364
Boundary disputes relating to the Narragansett country . . 366
The Shawomet grant 867
The settlement of Richard Smith 367
The Pettiquamscutt Purchase 367
The encroachments of Massachusetts through the Atherton company 367 The Westerly Purchase. Conflict between its settlers and those of
Massachusetts at Southertown 368
Pretensions of Massachusetts excluded by grant of Connecticut
charter, 1662 869
Issue of the Royal Charter of 1664 to Rhode Island .... 869 The Pawcatuck river designated as the western boundary of the
colony 369
Complete religious liberty guarantied by this charter . . . $70
CHAPTER IX
The Nobthwabd Expansion of Massachusetts
The settlements on the Piscataqua 371
Their condition after the collapse of the early plans of Gorges and
Mason 371
The Anglican settlement at Strawberry Bank 371
The settlement at Hilton's Point. Patent of 1630 .... 372
This patent located north of Little bay 372
Bristol merchants become interested in it 373
The Piscataqua grant to Laconia company 373
Thomas Wiggin induces Lord Say and Sele and other Puritan
noblemen to buy Hilton's Point from the Bristol merchants . 373
Hilton's Point becomes the Puritan settlement of Dover . . 374
Plantation covenant of Dover, 1640 374
Conflicts at Dover between Puritans and Anglicans . . 374 Exeter, another Puritan town, founded by Rev. John Wheelwright
and associates 376
Settlement of Hampton 376
•
XVill CONTENTS
PASS
Extension of the sway of Massachusetts oyer the Piscataqua towns 370
The northern boundary of Massachusetts 376
Arguments in favor of annexing the Piscataqua towns . . 377
The Squamscot patent and the submission of Dover, 1641 . 378
Exeter submits in 1643 380
Jurisdiction of Massachusetts fully extended over the Piscataqua
towns 380
Subsequent protests of Mason's agents 381
The Maine settlements 382
Government under Gorges maintained at Saco and York . 383
Trelawny's settlement on Richmond's island 383
Cleeve and Tucker secure grants on the adjacent mainland . 383 Trelawny's agent, Winter, disputes the claim of Cleeve and Tucker
to a part of their grant 384
Case is heard before court of Governor Thomas Gorges at Saco 386 Cleeve induces the Puritan, Alexander Rigby, to buy the Lygonia
patent. Its extent 386
Cleeve appointed governor of Lygonia 386
Controversy over jurisdiction between Cleeve and the representa- tives of Gorges at Saco 387
Appeal to Massachusetts, 1646. No decision 387
Rigby ' 8 patent confirmed by Commissioners of Plantations . 387 Gorges' control now restricted to settlements between Kennebunk
and Piscataqua 388
Those towns submit to Massachusetts, 1653 ..... 389
The settlements under Cleeve submit in 1658 389
Massachusetts extends its county system over all the northern settlements and grants them representation in the general
court 390
CHAPTER X Intercolonial Relations. The New England Confederacy
Relations among New England colonies which demanded joint action . 392
Murder of Hocking on the Kennebec river 392
Controversy between settlers on the Connecticut .... 393
Controversy over northern boundary of Plymouth .... 394
Dispute over Springfield 394
Relations with Dutch, French, and Indians 395
Common feeling among New Englanders 397
The formation of the confederacy 397
Early suggestion from Massachusetts and Connecticut . . 397
The drafting of the articles in 1643 399
Provisions of the articles 399
It was a union between unequals 402
Questions of interpretation 403
Right to interpret rested finally with general courts . 403
Controversy of 1653. Decided by Massachusetts .... 404
CONTENTS XIX
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Relations with the Dutch 406
The commissioners correspond with Kief t :
About the Dutch at Good Hope 406
About the seizure of Westerhouse's ship 406
About duties at Manhattan 406
Peter Stuy vesant and the Treaty of Hartford, 1650 ... 406
Relations with the French 409
D'Aunay on the Penobscot and La Tour in Acadia . 410 Friendly dealings between Massachusetts and La Tour . . .411 D'Aunay claims to represent the French government . .411
Filibustering expedition of Gibbons and Hawkins against D'Aunay 411
Warnerton of Piscataqua attacks D'Aunay 412
Strong protest in Massachusetts against aiding La Tour . 412
D'Aunay proves rightfulness of his claims 414
La Tour is abandoned and peace concluded with D'Aunay . . 414
The affair before the commissioners 414
Relations with the Indians 414
Commissioners labor to keep the peace among the Indians and
between the Indians and the English 414
Feud between Mohegans and Narragansetts 415
Treaty of 1646. Efforts to secure its execution .... 416
The commissioners and the controversy relating to Springfield . . 416
Attitude of Massachusetts in that controversy .... 417
Labors of the commissioners in the interest of schools, the churches,
and missionary work 419
They recommend contributions for Harvard College . . 420
They aid the churches in maintaining the purity of the faith . . 420
They urge strong measures against the Quakers .... 421
They encourage missionary work among the Indians 422 Their connection with the Society for the Propagation of the Gospel
in New England 422
CHAPTER XI
The Land System in the Corporate Colonies of New
England
The system of group settlement 424
How it originated in New England 426
The groups were democratically organized . . . . 426 The towns, which they settled, were manors with the monarchical
element left out 426
Territorial administration in Massachusetts 427
No land office or system of rents 428
Superintendence of founding of towns by colony government . 429
Instances of this from the history of various Massachusetts towns . 429 Boundaries, common fields, admission of freemen, town herds, to
an extent regulated by legislation . . . . . . 433
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The land system of the other corporate colonies 434
In all important particulars it was the same as that of Massa- chusetts 434
In all colonies of this type the management of land was left chiefly
to the towns 436
Comparison of the territorial arrangement of New England towns . 436
The lay-out of towns. Varied topography of towns . . 436
Many of the oldest towns founded by spontaneous act of their
settlers 438
Laying out of Tillage plot and assignment of home lots . . 438
Allotments of arable land and meadow 439
The lay-out of towns illustrated in the case of Salem and of many
other typical New England towns 440
Result of this was that the estate of each individual consisted of a
number of small tracts scattered over the town plot 449
Tendency to consolidation of tracts 451
Common fields and fences 451
Their regulation illustrated from the records of Salem and of many
other towns 451
Common herds and herdsmen 454
Similarly illustrated 455
Rule of proportionality in