The authority invoked by Mr. Morey is that of George Chalmers, who, after mentioning the provisions of the ordinance, says in his Introduction to the History of the American Colonies, first published in 1780:

"Thus we trace to a commercial company the source of those free systems of provincial government, that has distinguished the English colonies above all others for their regard for the rights of men. In this famous ordinance, we behold the model from which every future provincial form was copied, though varied by difference of circumstance." 1

Distinction

North

South

While the experience of Virginia is repeated in all of the colonies, it is but Between natural that the southern colonies, including Maryland, should follow more and closely in the steps of what is affectionately called the Old Dominion, taking as their basis a trading company and a political corporation, with the seat of authority in England, not in America. The northern colonies, as was also natural, followed more closely the experience and the example of Massachusetts, in which the charter was that of a trading company and of a body politic, with the seat of authority in England. The charter was, however, transferred to America by the grantees, then apparently possessing what has come to be known as Yankee shrewdness, by the simple expedient of appointing the governor and officers of the company from those who were about to settle and who actually did settle in the colony. Thus in New England the colony and the trading company became one and the same.

It will be recalled that the charter of 1606, granted to the London Company, divided the territory in America to which the Crown of Great Britain laid claim into two sections, the southern, out of which the southern colonies, including Maryland, were primarily carved, and the northern section, within which the colonies of New England and what are now the Middle States were principally created. The second charter, granted to the London Company in 1609, excluded the northern section and restricted itself to Virginia, which, extensive as it was, occupied but a part of the southern division. In 1620 the Plymouth Company obtained also a second charter dealing only with the northern division, which, as stated, had been separated by the second charter to the London Company granted eleven years previously.

The second charter of the Plymouth Company is similar to although not identical with the second of the London Company. It possesses in general the same powers and authority, which, however, are separately analyzed. By this charter the Plymouth Company became the Council of Plymouth for New England, and the starting point for the colonies of New England, and for the Middle States which followed, as it were, in its wake.

After reciting the grant of the Virginia charter of 1606 and the subse

1 George Chalmers, Introduction to the History of the Revolt of the American Colonies, 1845, Vol. i, pp. 16-17.

The
Plymouth
Company

.

quent separation of the London and Plymouth Companies under the charter
of 1609, the patent vests in the members of the Company the territory from
sea to sea lying between the 40th degree-which, it may be said, passes
through the present city of Philadelphia -and the 48th degree of North
Latitude; and the territory was henceforth to be known by the name of New
England in America. For the better planting and governing of New Eng-
land, a body politic and corporate was created in the English town of Plymouth
in the county of Devon, to consist of forty persons and to be known by the
name of the Council established in Plymouth in the County of Devon "for
the planting, ruling, ordering, and governing of New-England, in America."
The council was authorized to fill vacancies in its membership, to receive, hold
and dispose of realty and personal property, and, as a body corporate, to sue
and be sued, and to elect from their members a president, to hold office during
their pleasure. The council was also authorized in its discretion to admit
such persons as they should think fit "to be made free and enabled to trade
unto.. New-England.
..., and unto every Part and Parcell thereof,
or to have. any Lands or Hereditaments in New-England . . .," accord-
ing to such rules and regulations as the council might be pleased to estab-
lish in pursuance of the powers contained in the patent. In addition, the
charter specifically granted full power and authority to the council to “nomi-
nate, make, constitute, ordaine, and confirme by such Name or Names, Sale
or Sales, as to them shall seeme Good; and likewise to revoke, discharge,
change, and alter, as well all and singular, Governors, Officers, and Ministers,
which hereafter shall be by them thought fitt and needful to be made or used,
as well to attend the Business of the said Company here, as for the Govern-
ment of the said Collony and Plantation, and also to make . . . all Manner
of Orders, Laws, Directions, Instructions, Forms, and Ceremonies of Govern-
ment and Magistracy fitt and necessary for and concerning the Government
of the said Collony and Plantation, so always as the same be not contrary
to the Laws and Statutes of this our Realme of England, and the same att all
Times hereafter to abrogate, revoke, or change, not only within the Precincts
of the said Collony, but also upon the Seas in going and coming to and from
the said Collony, as they in their good Discretions shall thinke to be fittest for
the good of the Adventurers and Inhabitants there." 1 The governors, officers
and ministers to be appointed by the council were authorized and empowered,
and the council, governors, officers and ministers, appointed by the council,
were authorized, according to the nature and limits of their offices "within.
the said Precincts of New-England . . . to correct, punish, pardon, governe,
and rule all such . . . as shall from time to time adventure themselves in any
Voyage thither, or that shall att any Time heerafter inhabit in the Precincts

1 Thorpe, Charters and Constitutions, Vol. 3, pp. 1831-33; Poore, p. 925.

1

or Territories of the said Collony as aforesaid, according to such Laws, Orders, Ordinances, Directions, and Instructions as by the said Councill aforesaid shall be established; and in Defect thereof, in Cases of Necessity, according to the good Discretions of the said Governors and Officers respectively, as well in Cases capitall and criminall, as civill, both marine and others, so allways as the said Statutes, Ordinances, and Proceedings, as near as conveniently may be, agreeable to the Laws, Statutes, Government and Policie of this our Realme of England." After providing that unauthorized persons should not enter upon and dwell within the precincts and territory of New England, and that if they so do they may be proceeded against and expelled therefrom, it was finally provided, insofar as material to the present purpose, that “all and every the Persons, beinge our Subjects, which shall goe and inhabitt within the said Collony and Plantation, and every of their Children and Posterity, which shall happen to be born within the Limitts thereof, shall have and enjoy all Liberties, and ffranchizes, and Immunities of free Denizens and naturall Subjects within any of our other Dominions, to all Intents and Purposes, as if they had been abidinge and born within this our Kingdome of England, or any other our Dominions." 2

Within a few years after this patent, settlements were made in the territory adjoining Massachusetts Bay, and, desiring to regularize their condition and to set up for themselves, they obtained a grant for a land and trading company. Wishing, however, to have their venture confirmed by the highest authority, they applied to the Crown to confirm their patent, to which were added powers of government by the royal charter of March 4, 1628-9. This first charter of Massachusetts was the third royal charter for New England, just as the Virginia charter of 1611-12 was the third royal charter for that portion of America, and, like it, so similar in terms that a reference to the summary of that charter would suffice, were it not for the importance of the colony whereof it was the charter and of the group of colonies to the north of Maryland.

After a recital of the patent of 1620 to the Council of New England, and the grant by that Council to the Land and Trading Company of 1627-8, both of which were confirmed by the present charter, the grantees and "all such others as shall hereafter be admitted and made free of the Company and Society hereafter mencōed," were created "one Body corporate and politique in Fact and Name, by the Name of the Governor and Company of the Mattachusetts Bay in Newe-England," by which name they were to have perpetual succession, to plead and be impleaded, to sue and to be sued, and to maintain actions "of what kinde or nature soever," and authorized to "acquire

1 Thorpe, Charters and Constitutions, Vol. 3, p. 1832; Poore, pp. 925-6. 2 Thorpe, ibid., p. 1839; Poore, p. 930.

any Landes, Tenements, or Hereditaments, or any Goodes or Chattells," with power to dispose thereof "as other our liege People of this our Realme of England, or any other corporacon or Body politique of the same may lawfully doe." 1

In order to effect the purpose for which the colony was created, one Governor, one Deputy Governor, and eighteene Assistants . . ., to be from tyme to tyme . . . chosen out of the Freemen of the saide Company, for the tyme being," it was provided that the officers should " applie themselves to take Care for the best disposeing and ordering of the generall buysines and Affaires of... the saide Landes and Premisses . . and the Plantacion thereof, and the Government of the People there." The charter thereupon appointed and mentioned by name the first governor, the deputy governor, and the assistants, to hold office for such time and in such manner as subsequently specified in the charter, empowering the governor or deputy governor to call together the members of the company so assembled. After authorizing the governor or deputy governor to call together the company, the charter then provides that the governor, deputy governor and assistants "shall or maie once every Moneth, or oftener at their Pleasures, assemble and houlde and keepe a Courte or Assemblie of themselves, for the better ordering and directing of their Affaires." 2 Seven or more assistants, with the governor or deputy governor, were to constitute a sufficient court.

For the larger and more important matters, as in the case of the third charter of Virginia, a general assembly was to be held four times a year, to be styled "the foure greate and generall Courts of the saide Company," which assembly, to be composed of the governor, or in his absence of the deputy governor, and of the assistants and at least six assistants or the freemen present, or the greater part of them, "shall have full Power and authoritie to choose, nominate, and appointe, such and soe many others as they shall thinke fitt, and that shall be willing to accept the same, to be free of the said Company and Body . . . and to elect and constitute such Officers as they shall thinke fitt and requisite" for the transaction of the affairs of the governor and company. The assembly was to possess, in addition, the attribute of sovereignty "to make Lawes and Ordiñnces for the Good and Welfare of the saide Company, and for the Government and ordering of the saide Landes and Plantacon and the People inhabiting and to inhabite the same, as to them from tyme to tyme shalbe thought meete, soe as such Lawes and Ordinances be not contrarie or repugnant to the Lawes and Statuts of this our Realme of England."

The charter thereupon provided that officers of the Company were to be

1 Thorpe, Charters and Constitutions, Vol. 3, p. 1852; Poore, p. 936.

2 Thorpe, ibid., pp. 1852-53; Poore, p. 937.

elected annually in the meeting of the general court or assembly held at Easter, and authority is given to fill by a majority of voices vacancies caused either by death, resignation or removal for cause; that the officers so appointed were required, before undertaking their duties, to take an oath for their faithful performance; that oaths of supremacy and allegiance were to be taken by all prospective colonists; that the colonists and their children, whether born in England or in the colonies, were invested with all the liberties and immunities of subjects in any of the British dominions as if born within England. Thereupon follows the specific authorization to the governor or deputy governor, assistants and freemen of the company assembled in one joint court

or in any other Courtes to be specially sumoned and assembled for that Purpose, or the greater Parte of them. . . from tyme to tyme, to make, ordeine, and establishe all Manner of wholesome and reasonable Orders, Lawes, Statutes, and Ordiñnces, Direcčons, and Instrucčons not contrarie to the Lawes of this our Realme of England, aswell for setling of the Formes and Ceremonies of Governm and Magistracy, fitt and necessary for the said Plantacon, and the Inhabitants there, and for nameing and stiling of all sorts of Officers, both superior and inferior, which they shall finde needefull for that Governement and Plantacon, and the distinguishing and setting forth of the severall duties, Powers, and Lymytts of every such Office and Place, and the Formes of such Oathes warrantable by the Lawes and Statutes of this our Realme of England as shalbe respectivelie ministred vnto them for the Execučon of the said severall Offices and Places; as also, for the disposing and ordering of the Elecčons of such of the said Officers as shalbe annuall, and of such others as shalbe to succeede in Case of Death or Removeall, and ministring the said Oathes to the newe elected Officers, and for Imposicons of law full Fynes, Mulcts, Imprisonment, or other lawfull Correcĉon, according to the Course of other Corporacons in this our Realme of England, and for the directing, ruling, and disposeing of all other Matters and Thinges, whereby our said People, Inhabitants there, may be soe religiously, peaceablie, and civilly governed, as their good Life and orderlie Conversation maie wynn and incite the Natives of [that] Country to the Knowledg and Obedience of the onlie true God and Sauior of Mankinde, and the Christian Fayth, which in our Royall Intencon, and the Adventurers free Profession, is the principall Ende of this Plantacion.1

Inasmuch as the provisions of this charter speak for themselves, it does not seem necessary to comment upon them further than to say that the grant constitutes the grantees, and such persons as they should admit to the company, its representatives in legislative, executive and judicial matters, in accordance with the terms of the charter, with the usual provision that all action should be in conformity with the laws and customs of England. Under this charter a local government, known as "London's Plantation in Massachusetts Bay in New England" was established at Salem under the direction of John Endicott. Shortly thereafter, in 1630, the charter and government 1 Thorpe, Charters and Constitutions, Vol. 3, p. 1857; Poore, p. 940.