which he took on his arrival. Sir George Yeardley,' says Grahame, on his arrival in Virginia, plainly perceived that it was impossible to compose the prevalent jealousy of arbitrary power and impatience for liberty, or to conduct his own administration in a satisfactory manner, without reinstating the Colonists in full possession of the privileges of Englishmen; and accordingly, to their inexpressible joy, he promptly signified his intention of convoking a provincial assembly, framed with all possible analogy to the Parliament of the Parent State. This first representative legislature that America ever beheld consisted of the Governor, the Council, and a number of Burgesses elected by the seven existing Boroughs, who, assembling at James Town, in one apartment, discussed all matters that concerned the general welfare, and conducted their deliberations with good sense, moderation, and harmony. The laws which they enacted were transmitted to England for the approbation of the treasurer and company, and are no longer extant: but it is asserted by competent judges that they were, in the main, wisely and judiciously framed, though (as might reasonably be expected) somewhat intricate and unsystematical. The Company some time after passed an ordinance by which they substantially_approved and ratified this constitution of the Virginian legislature. They reserved, however, to themselves, the nomination of a Council of State, which should assist the Governor with advice in the executive administration, and should also form a part of the Legislative Assembly; and they provided, on the one hand, that the enactments of the Assembly should not have the force of law until sanctioned by the Court of Proprietors in England and conceded, on the other hand, that the orders of this court should have no force in Virginia till ratified by the Provincial Assembly. Thus early was planted in America that representative system which forms the soundest political frame wherein the spirit of liberty was ever embodied, and at once the safest and most efficient organ by which its energies are exercised and developed. So strongly imbued were the minds of Englishmen in this age with those generous principles which were rapidly advancing to a fast manhood in their native country, that wherever they settled themselves, the institutions of freedom took root, and grew up along with them.'

Notwithstanding the arbitrary dissolution of the Virginia Company in 1624, and the resumption of its Charters, its provincial assembly still survived, and, though occasionally harassed by encroachments of the prerogative, was the secret stay of that loyal attitude which Virginia maintained at the date of the English Revolution; and it was also-as I infer on the broadest grounds of historical and especially of colonial experience—a material source of the prosperity of the Settlement.

THE NEW-ENGLAND STATES.

THE New Plymouth Company, constituted under the first Virginia Charter, had made an ineffectual attempt to colonize what was then called Northern Virginia. At length, in 1620, a congregation of Puritans having procured from the Plymouth Company a grant of a tract of land, succeeded in reaching the coast of America, and in founding a settlement to which they gave the name of New Plymouth, at a place afterwards included within the province of Massachusetts. Having continued for some years without a patent for their territorial occupation, they first solicited and obtained from a body denominated the Grand Council of Plymouth, a new corporation, by which James, in the year 1620, had superseded the original Plymouth Company, a charter by which they were authorised pro tanto to choose a governor, council, and general court, for the enactment and execution of laws instrumental to the public good. But they were never incorporated with legal formality into a body politic, but remained a subordinate and voluntary municipal association until united to their more powerful neighbour the Colony of Massachusetts.

The latter Colony was projected by another body of Puritans in the early part of 1627, a grant obtained from the Council of Plymouth for that purpose in March of the same year, and a Charter procured on the 4th of March following. This Charter, Almon, with absurd inaccuracy, has referred to the year 1644, because in that year he finds that it was witnessed by John Winthrop, the Governor of Massachusetts. Its actual date is of singular importance when we reflect how signal an exception it displays to the spirit of English legislation at the time. Its meaning, with respect to the ecclesiastical rights of the colonists of Massachusetts, has been the subject of controversy, though even in this respect the novel abstinence from the imposition of a single ordinance respecting the system of their church government, or the forms and ceremonies of their religious worship, leaves little uncertain or unintelligible. With respect, however, to municipal rights, it is plain that a large measure was intended to be given. Thus the Charter provides 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 o the general business and affairs of the lands and plantations and the government of the people there; and it appoints the first Governor, Deputy Governor, and assistants, by name. It further provides of whom the court for the transaction of business should consist; that it should assemble as often as once a month, and also, that four great general assemblies of the Company should be held in every year. In these general assemblies freemen are to be admitted, officers elected, and laws and ordinances for the good of the Colony made, 'so that 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, are to be annually chosen by the Company present. Full legislative authority is also given, subject to the restriction of not being contrary to the laws of England, as also for the imposition of fines and mulcts according to the course of other corporations in England.

Such, then, were some of the powers and privileges originally conferred on the Colony of Massachusetts Bay. It is observable,' says Story, 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 a distance, as would render any control or responsibility over them wholly visionary.' But the Colonists disposed of the question by a very bold step. '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, that the power of government might be exercised by the actual settlers.' Accordingly, as we find from Hutchinson's History, it was determined, in August, 1629, By the general consent of the Company, that the Government and Patent should be settled in New England.' The Charter was planted, as it were, with the colonists, by a transaction, which, as Story justly remarks, 'stands alone in the History of English Colonization.' The power of the Corporation to make the transfer has been, with excellent reason, denied. Nevertheless, it was done with an acquiescence on the part of the King, which is no less striking than the resolution of the colonists. From that time the fate of the Colony was decided, and it grew with remarkable rapidity and strength.

Tenure.

Rent.

First Charter granted to the Colony of MASSACHUSETTS BAY.
Dated the 4th March, 1628.

CHARLES, by the grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, &c.

To all to whom these Presents shall come, Greeting.

WHEREAS our most deare and royal Father King James of

blessed memory, by his Highness's letters patents beareing date at Westminster the third day of November, in the eighteenth year of his reign, hath given and granted unto the Councel established at Plymouth in the county of Devon, for the planting, ruling, ordering and governing of New England in America, and to their heirs successours and assignes for ever: All that part of America lying and being in breadth from fourty degrees of northerly latitude from the equinoxtiall line, to fourty-eight degrees of the said northerly latitude inclusively, and in length of and within all the breadth aforesaid throughout the maine lands from sea to sea, together also with all the firme lands, soyles, grounds, havens, ports, rivers, waters, fishing, mines, and mineralls, as well royall mines of gould and silver, as other mines and mineralls, precious stones, quarries, and all and singular other commodities, jurisdictions, privileges, franchises and preheminences both within the said tract of land upon the maine, and also within the islands and seas adjoining. Provided always that the said islands or any the premisses by the said letters patent intended and meant to be granted were not then actually possessed or inhabited by any other christian prince, or state, nor within the bounds limits or territories of the southern colonies then before granted by our said deare father to be planted by such of his loving subjects in the southern parts. To have and to hold, possess and enjoy all and singular the aforesaid continent, lands, territories, islands, hereditaments and precincts, seas, waters, fishings, with all and all manner their commodities, royalties, liberties, preheminences, and profits that should from thenceforth arise from thence, with all and singular their appurtenances, and every part and parcel thereof, unto the said Councel, and their successors and assignes for ever, to the sole and proper use, benefit and behoof of them the said Councel and their successors and assignes for ever: To be houlden of our said most dear and royal Father, his heirs and successors, as of his mannor of East-Greenwich in the county of Kent, in free and common soccage, and not in capite nor by knights service. Yielding and paying therefore to the said late king, his heirs and successors the fifth part of the oare of gould and silver which should from time to time and at all times then after happen to be found, gotten, had and obtained, in, at, or within any of the lands, limits, territories and precincts, or in or within any part or parcel thereof, for or in respect of all and all manner

province of

Premises

by the

Rosewell

3 Car. I.

of duties, demands and services whatsoever to be done made or paid to our said dear Father the late King, his heirs and successors; as in and by the said letters patent (amongst sundry other clauses, powers, privileges and grants therein contained) more at large appeareth. And whereas the said Councel esta- Recital of a blished at Plymouth in the county of Devon, for the planting, grant of the ruling, ordering, and governing of New-England, in America, the Massahave by their deed indented under their common seal, bearing chusetts date the nineteenth day of March last past, in the third year of Bay, (being our reign, given, granted, bargained, sold, enfeoffed, aliened and part of the confirmed to Sir Henry Rosewell, Sir John Young, knights, before Thomas Southcott, John Humphrey, John Endicott and Symon mentioned) Whetcomb, their heirs and associates for ever, all that part of Council of New-England in America aforesaid, which lieth and extendeth Plymouth between a great river there commonly called Monomack, alias to Sir Hen. Merrimack, and a certain other river there called Charles river, and others. being the bottom of a certain bay there commonly called Mas- March 19, sachusetts, alias Mattachusetts, alias Massatusetts bay, and also all and singular those lands and hereditaments whatsoever lying and being within the space of three English miles on the south part of the said Charles river, or of any or every part thereof, and also all and singular the lands and hereditaments whatsoever, lying and being within the space of three English miles to the southward of the southermost part of the said bay called Massachusetts, alias Mattachusetts, alias Massatusetts bay, and also all those lands and hereditaments which lye and be within the space of three English miles to the northward of the said river called Monomack, alias Merrimack, or to the northward of any and every part thereof, and all lands and hereditaments whatsoever, lying within the limits aforesaid, north and south, in latitude and breadth, and in length and longitude, of and within all the breadth aforesaid, throughout the main lands there, from the Atlantick and western sea and ocean on the east part, to the south sea on the west part, and all lands and grounds, place and places, soils, wood and wood grounds, havens, ports, rivers, waters, fishing, and hereditaments whatsoever, lying within the said bounds and limits, and every part and parcel thereof, and also all islands lying in America aforsaid in the said seas or either of them on the westerne or easterne coasts or parts of the said tracts of lands by the said indenture mentioned to be given, granted, bargained, sold, enfeoffed, aliened and confirmed or any of them: And also all mines and mineralls, as well royall mines of gould and silver, as other mines and mineralls whatsoever in the said lands and premisses or any part thereof: And all jurisdictions, rights, royalties, liberties, freedoms, immunities, priviledges, franchises, preheminencies, and commodities whatsoever, which they the said Councel established at Plymouth in the county of Devon for the planting ruling ordering and governing of NewEngland in America then had or might use, exercise or enjoy, in and within the said lands and premisses by the said indenture mentioned to be given, granted, bargained, sould, enfeoffed and confirmed, or in or within any part or parcel thereof.

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