that shuch an [54] acte by them done (this their condition considered) might be as firme as any patent, and in some respects more sure.1

held had he been born and abiding in England itself. Channing, History of the United States, 1. 161, 162, 174. Hubbard, History, 62, foreshadowed this view by concluding that the laws of England would be recognized, so far as they could apply.

"In all this there was nothing new. The election of administrative functionaries took place in every borough town in England. What was really new was that whilst in England each corporation was exposed to the action of the other forces of the social system, in America the new corporation was practically left to itself. It was as if Exeter or York had drifted away from the rest of England, and had been left to its own resources on the other side of the Atlantic. The accident which had deprived the colony for a time of all legal connexion with the Home Government, was only a foreshadowing of its future fortunes. Sooner or later the colonies would have a social and political history of their own, which would not be a repetition of the social and political history of England." Gardiner, History of England, 1603–1642, IV. 163.

1 One mention of the existence of the original compact is to be found in the early records or history of the settlement. In fact, it was a temporary measure, and was superseded by the patent granted to Peirce and associates. Morton's introductory paragraph to the compact (*14) differs materially in form and spirit from that of Bradford, whom he generally closely follows. A part of the difference arises from his wish to introduce the alleged fraud perpetrated on the Pilgrims by the Dutch, and to do this he sets aside the reason assigned by Bradford for entering into the agreement. A few verbal differences in the text of the compact are also to be noted in Morton, but they are not such as would indicate that he had the original paper before him, and there is always the possibility of typographical errors in proof-reading. It is also strange that Roger Williams when the dangers surrounding his newly established settlement at New Providence "now especially, call vpon vs to be compact in a civill way and power," did not recall and revert to this earlier compact of the Pilgrims. In the form proposed by Williams, and on which he desired the opinion of John Winthrop, the masters of families at New Providence "doe with free and ioynt consent promise each vnto other, that, for our common peace and wellfare (vntill we heare further of the Kings royall pleasure concerning our selues) we will from time to time subiect our selues in actiue or passiue obedience to such orders and agreements, as shall be made by the greater number of the present howseholders, and such as shall be hereafter admitted by their consent into the same priviledge and covenant in our ordinarie meeting. In witnes whereof we herevnto subscribe, etc." 4 Mass. Hist. Collections, VI. 187.

The forme was as followeth.

In the name of God, Amen. We whose names are underwriten, the loyall subjects of our dread soveraigne Lord, King James, by the grace of God, of Great Britaine, Franc, and Ireland king, defender of the faith, etc.

1

Haveing undertaken, for the glorie of God, and advancemente of the Christian faith, and honour of our king and countrie, a voyage to plant the first colonie in the Northerne parts of Virginia, doe by these presents solemnly and mutualy in the presence of God, and one of another,2 covenant and combine our selves togeather into a civill body politick, for our better ordering and preservation and furtherance of the ends aforesaid; and by vertue hearof to enacte, constitute, and frame shuch just and equall lawes, ordinances, acts, constitutions, and offices,3 from time to time, as shall be thought most meete and convenient for the generall good of the Colonie, unto which we promise all due submission and obedience. In witnes wherof we have hereunder subscribed our names at Cap-Codd the 11 of November, in the year of the raigne of our soveraigne lord, King James, of England, France, and Ireland, the eighteenth, and of Scotland the fiftie fourth. Anno Dom. 1620.°

4

1 "The Honour." Morton.

"Officers." Morton.

5

⚫ Morton omits "the year of."

"And one another." Morton.
"Hereunto." Morton.

• "Bradford gives no list here of the signers of this compact. Morton [Memoriall, *15] must have had some other authority than this History for the names he has appended to it in the Memorial, or else he supplied them by conjecture from Bradford's list of passengers in the Appendix. If we may suppose this compact to have been signed by all the adult male passengers, it would seem that other names besides those Morton has given should have been included." DEane.

Morton follows quite closely the order of names given in Bradford's list, which in itself offers a fair argument for his having copied from Bradford and not from the original sheet on which the compact had been written and signed. A few variations may be laid to errors in copying or in printing. As to names in the Bradford list which are not to be found in that of Morton, they represent servants who may have been under age or closely bound by articles of indenture, and members of families whose head had already signed.

After this they chose, or rather confirmed,' Mr. John Carver (a man godly and well approved amongst them) their Governour for that year. And after they had provided a place for their goods, or comone store, (which were long in unlading for want of boats, foulnes of the winter weather, and sicknes of diverce,) and begune some small cottages for their habitation, as time would admitte, they mette and consulted of lawes and orders, both for their civill and military Govermente, as the necessitie of their condition did require, still adding therunto as urgent occasion in severall times, and as cases did require.2

In these hard and difficulte beginings they found some dis

1 Some confusion has arisen from the insertion of this phrase. Deane believes that it "may possibly be an inadvertence, and may have been intended to apply to his reelection" in 1621. Note in his edition of Bradford, 99. It is also possible that Carver was "governor" on the Speedwell, as Martin was on the Mayflower, a place due to him as one of the purchasing agents. See p. 136, supra.

2 Of these earliest laws and orders no formal record exists, and Bradford makes only passing reference to them from time to time. The first order of record is that of December 17, 1623, when it was ordained that "all Criminall facts, and also all [matters] of trespasses and debts betweene man and man should [be tried] by the verdict of twelve Honest men to be Impanelled by Authority in forme of a Jury upon their oaths." Nothing follows until 1626. Plymouth Col. Rec., XI. 1. John Cowell (Dr. Cowheel, as Coke with intent called him), issued in 1607 The Interpreter, and, because of his strong expressions in favor of absolute monarchy, called down upon it the displeasure of King and Commons. He distinguishes the three forms of trial in England, one by Parliament, another by battle, and the third by assize or jury. "The triall by Assise (be the action ciuile or criminall, publick or priuate, personall or reall) is referred for the fact to a Iurie, and as they finde it, so passeth the Iudgement, and the great fauour that by this the King sheweth to his subiects more then the princes of other nations, you may reade in Glanuil," etc. The grand jury, for the consideration of weightier causes, consisted of twenty-four persons; the petit jury required only twelve, but had cognizance of criminal as well as of civil causes. For obvious reasons, the settlement of New Plymouth would not require a grand jury in 1623.

Captain John Smith twice speaks of the sufferings endured by the Pilgrims in these weeks, and lays them to their obstinacy in not having employed him as a guide. "Nothing would be done for a Plantation till about some hundred of your Brownists of England Amsterdam and Leyden, went to New Plymouth: whose humorous ignorances caused them for more than a year, to endure a wonderful deal of misery with an

contents and murmurings arise amongst some, and mutinous speeches and carriages in other; but they were soone quelled and overcome by the wisdome, patience, and just and equall carrage of things by the Gov[erno]r and better part, which clave faithfully togeather in the maine. But that which was most sadd and lamentable was, that in .2. or.3. moneths time halfe of their company dyed, espetialy in Jan: and February, being the depth of winter, and wanting houses and other comforts;1 being infected infinite patience; saying My Books and Maps were much better cheap to teach them than myself. Many others have used the like good husbandry; that have paid soundly in trying their self-willed conclusions." The True Travels, 46. “At last, upon those inducements, some well disposed Brownists, as they are tearmed, with some Gentlemen and Merchants of Layden and Amsterdam, to save charges, would try their owne conclusions, though with great losse and much miserie, till time had taught them to see their owne error: for such humorists will never beleeve well, till they bee beaten with their owne rod. . . . Yet at the first landing at Cape Cod, being an hundred passengers, besides twenty they had left behind at Plimoth; for want of good take heed, thinking to finde all things better than I advised them, spent six or seven weekes in wandering up and downe, in frost and snow, wind and raine, among the woods, cricks and swamps, forty of them died, and threescore were left in most miserable estate at New-Plimoth." Advertisements, *17, 18. "Now since them called Brownists went, some few before them also having my bookes and maps, presumed they knew as much as they desired, many other directers they had as wise as themselves, but that was best that liked their owne conceits; for indeed they would not be knowne to have any knowledge of any but themselves, pretending onely Religion their governour, and frugality their counsell, when indeed it was onely their pride, and singularity, and contempt of authority; because they could not be equals, they would have no superiours; in this fooles Paradise, they so long used that good husbandry, they have payed soundly in trying their owne follies, who undertaking in small handfuls to make many plantations, and to bee severall Lords and Kings of themselves, most vanished to nothing, to the great disparagement of the generall businesse." Ib. 21.

"It is observed by the Indians that every tenth yeare there is little or no Winter, which hath been twice observed of the English; the yeare of new Plimouth mens arrivall was no Winter in comparison; . and where as many died at the beginning of the plantations, it was not because the Country was unhealthfull, but because their bodies were corrupted with sea-diet." Wood, New Englands Prospect, *4.

1 Before January 1, 1620-21, they had marked out the position for a platform on which to place their ordnance, and for two rows of houses and a fair street. To reduce the number of houses to be built the settlers were classed in nineteen families, and land.

with the scurvie1 and [55] other diseases, which this long voiage and their inacomodate condition had brought upon them; so as ther dyed some times 2 or 3. of a day, in the aforesaid time; that of 100. and odd persons, scarce 50. remained. And of these in the time of most distres, ther was but .6. or 7. sound persons, who, to their great comendations be it spoken, spared no pains, night nor day, but with abundance of toyle and hazard of their owne health, fetched them woode, made them fires, drest them meat, made their beads, washed their lothsome cloaths, cloathed

for a shelter was assigned to each family. The allotment was made on the north and south sides of what is now Leyden Street, and in the first volume of the Plymouth "Records of Deeds" Bradford's rough sketch of the street is given, with the names of seven families whose lots fell on the south side of the street. Each person was allowed a space of half a pole in breadth and three poles in length, or about four hundred and eight and one third square feet. As they intended to impale round the area thus taken for settlement, and many of the settlers were ill through exposure and deprivations, it became an object to keep the extent within as narrow bounds as possible. The common house, about twenty feet square was almost completed by January 9, when it was determined that each family should build its own house, this course tending to hasten construction.

1 Scurvy or Scorbute, arose from exposure and a too exclusive diet of salted foods. Champlain gives a detailed account of it in his Voyage of 1604, II. 50 (Prince Society). Of his party of seventy-nine, thirty-five died, and more than twenty were at the point of death. He called it mal de la terre, and knew of no remedy. Sir Richard Hawkins states that ten thousand Englishmen had died of it in twenty years. He gives the symptoms and some remedies. Purchas, Pilgrimes, iv. 1373. Extreme cold very frequently develops the first manifestations of a scorbutic taint.

"The bill of mortality, as collected by Prince, from Bradford's pocket-book [now lost], is as follows. There died in December, 6; in January, 8; in February, 17; in March, 13; total, forty-four. According to Smith, before the arrival of the Fortune, November 9th, six more were added to the list, which would include Carver and his wife, making the number of deaths fifty." DEANE. The fearful cost in human lives of these early English plantations in America is well shown by Channing, History of the United States, 1. 204, 205. In brief the figures prove that of 5649 emigrants leaving England for Virginia in the period 1606–1625, only 1095 colonists were living in Virginia in 1625. In the twelve months 1622-1623, "347 persons perished in the Indian massacre, and nearly 1000 died of disease or starvation on the way to Virginia or in the colony."