On 3rd November, 1620, Sir Ferdinando Gorges and his associates being the members of the Northern Virginia company, received a new patent, sealed by King James on 3rd July 1621, under the title “The council established at Plymouth, in the county of Devon, for the planting, ordering, ruling and governing of New England in America”. Under this patent the company was authorized to hold territory from sea to sea, and in breadth from the 40th – 48th degree of north latitude. This patent or charter conferred power to make laws, appoint Governors and other officers, and generally to establish all necessary forms of government.
The 40th – 48th latitudes were from Philadelphia to the St Lawrence River.
COUNCIL FOR NEW ENGLAND, the name of the Plymouth, England component of the Virginia Company after its members reorganized and incorporated under a new charter in 1620.
This charter vested the council with the right to settle and govern colonies along the Atlantic coast from Long Island, NY to the Bay of Fundy, as well as with the exclusive right to trade and fish there.
While the Council was established to further trade, the members, aristocrats and gentry for the most part, wanted land. The Council granted most of the land to council members as fiefs and manors organized pursuant to English land law. The balance went to others along with rights of local self-government, subject to the authority of the council’s governor general.
Sir Ferdinando Gorges, was president of the council, and almost singlehandedly drove the Council to try to achieve its objectives. He made many attempts at settlement without much success. Eventually, the Council failed.
New England, for the most part, was settled by two groups seemingly unrelated to the Council: the Mayflower Separatists who settled in New Plimouth in 1620 and the Puritans, under John Winthrop, with the following Great Migration, that settled in Massachusetts Bay between 1630 – 1640. However, those groups benefited from and were influenced by the many efforts that had gone before.
The initial pages of the charter as provided in The Compact with the charter and laws of the colony of New Plymouth together with the charter of the council at Plymouth published under the supervision of William Brigham, originally printed by Dutton and Wentworth in Boston,1856, subsequently republished under the title Council of New England by Bibliolife 2015
November 3, 1620
The Charter of New England : 1620
JAMES, by the Grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, &c.
To all whom these Presents shall come, greeting, —Whereas, upon the humble petition of divers of our well disposed Subjects, that intended to make several plantations in the parts of America, between the degrees of thirtyfour and fortyfive, We, according to our princely Inclination, favoring much their worthy disposition, in hope thereby to advance the enlargement of christian religion, to the glory of God Almighty, as also by that means to stretch out the bounds of our dominions, and to replenish those deserts with People, governed by laws and magistrates, for the more peaceable commerce of all that in time to come shall have occasion to traffic into those territories, granted unto Sir Thomas Gates, Sir George Somers, Knights, Thomas Hanson, and Raleigh Gilbert, Esquires, and others their Associates, for the more speedy accomplishment thereof, by our letters patent, bearing Date the tenth Day of April, in the fourth Year of our Reign of England, France and Ireland, and of Scotland the fortieth, free Liberty to divide themselves into two several Colonies: the one called the first colony, to be undertaken and advanced by certain knights, gentlemen, and merchants, in and about our city of London; the other called the second colony, to be undertaken and advanced by certain knights, gentlemen, and merchants, and their associates, in and about our cities of Bristol, Exon, and our town of Plymouth, and other places, as in and by our said letters patents, amongst other things more at large it doth and may appear.
And whereas, since that time, upon the humble petition of the said adventurers and planters of the said first colony, We have been graciously pleased to make them one distinct and entire body by themselves, giving unto them their distinct limits and bounds, and have upon their like humble request, granted unto them divers liberties, privileges, enlargements, and immunities, as in and by our several letters patents it doth and may more at large appears.
Now forasmuch as We have been in like manner humbly petitioned unto by our trusty and well beloved servant, Sir Ferdinando Gorges, Knight, Captain of our fort and Island, by Plymouth, and by certain the principal knights and gentlemen adventurers of the said second colony, and by divers other persons of quality, who now intend to be their associates, divers of which have been at great and extraordinary charges, and sustained many losses, in seeking and discovering a place fit and convenient to lay the foundation of a hopeful plantation, and have, divers years past,by God’s assistance, and their own endeavors, taken actual Possession of the continent hereafter mentioned, in our name and to our use, as sovereign lord thereof, and have settled already some of our people in places agreeable to their desires in those parts, and in confidence of prosperous success therein, by the continuance of God’s devine blessing, and our royal permission, have resolved, in a more plentiful and effectual manner, to prosecute the same; and to that purpose and intent, have desired of Us, for their better encouragement and satisfaction herein, and that they may avoid all confusion, questions, or differences between themselves and those of the said first colony, that We would likewise be graciously pleased to make certain adventurers, intending to erect and. establish fishery, trade, and plantation, within the territories, precincts, and limits of the said second colony, and their successors, one several distinct and entire body, and to grant unto them, such estate, liberties, privileges, enlargements, and immunities there, as are in those, our letters patents, hereafter particularly expressed and declared.
And forasmuch as We have been certainly given to understand, by divers of our good subjects, that have, for these many years past frequented those coasts and territories between the degrees of forty and forrtyeight, that there is no other the subjects of any Christian king or state, by any authority from their sovereign lords or princes, actually in possession of any of the said lands or precincts, whereby any right, claim, interest, or title, may, might, or ought, by that means accrue, belong, or appertain unto them, or any of them.
And also for that We have been further given certainly to know, that within these late years, there hath by God’s visitation reigned a wonderful plague, together with many horrible slaughters and murders, committed amongst the savages and British people there, heretofore inhabiting, in a manner to the utter destruction, devastation, and depopulation of that whole territory, so that there is not left for many leagues together, in a manner, any that do claim or challenge any kind of interest therein, nor any other superior lord or sovereign, to make claim thereunto, whereby We, in our judgment are persuaded and satisfied that the appointed time is come in which Almighty God, in his great goodness and bounty towards Us, and our people, hath thought fit and determined, that those large and goodly territories, deserted as it were by their natural inhabitants, should be possessed and enjoyed by such of our subjects and people as heretofore have, and hereafter shall, by his mercy and favor, and by his powerful arm, be directed and conducted thither; in the contemplation and serious consideration whereof, We have thought it fit, according to our kingly duty, so much as in Us lieth, to second and follow God’s sacred will, rendering reverend thanks to his Divine Majesty for his gracious favor in laying open and revealing the same unto us, before any other Christian prince or state; by which means, without offence, and, as We trust to his glory, We may with boldness go on to the settling of so hopeful a work, which tendeth to the reducing and conversion of such savages as remain wandering in desolation and distress, to civil society and Christian religion, to the enlargement of our own dominions, and the advancement of the fortunes of such of our good subjects as shall willingly interest themselves in the said employment, to whom We cannot but give singular commendations for their so worthy Intention and enterprise.
We therefore, of our special grace, mere motion, and certain knowledge, by the advice of the lords and others of our Privy Council, have for Us, our heirs and successors, granted, ordained, and established, and in and by these presents, do, for Us, our heirs and successors, grant, ordain, and establish, that all that circuit, continent, precincts, and limits, in America, lying and being in breadth from forty degrees of northerly latitude, from the equinoctial line, to fortyeight degrees of the said northerly latitude, and in length by all the breadth aforesaid throughout the main land, from sea to sea, with all the seas, rivers, islands, creeks, inlets, ports, and havens, within the degrees, precincts and limits of the said latitude and longitude, shall be the limits, and bounds, and precincts of the said second colony:
And to the end that the said territories may forever hereafter be more particularly and certainly known and distinguished, our will and pleasure is, that the same shall, from henceforth, be nominated, termed, and called by the name of New England, in America; and by that name of New England, in America, the said circuit, precinct, limit, continent, islands, and places in America aforesaid, We do by these presents, for Us, our heirs and successors, name, call, erect, found and establish, and by that name to have continuance forever.
And for the better plantation, ruling, and governing of the aforesaid New England, in America, We will, ordain, constitute, assign, limit, and appoint, and for Us, our heirs and successors, We, by the advice of the lords, and others of the said Privy Council, do, by these presents, ordain, constitute, limit, and appoint, that from henceforth, there shall be forever hereafter, in our town of Plymouth, in the County of Devon, one body politic and corporate, which shall have perpetual succession; which shall consist of the number of forty persons, and no more, which shall be, and shall be called and known by the name the council established at Plymouth, in the County of Devon, for the planting, ruling, ordering, and governing of New England, in America;