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Raleigh was imprisoned, and all traces of his attempt to colonize in America disappeared.

In 1606 a patent was granted by James I, to Sir Thomas Gates and others for the Colony of Virginia, but its limits did not include the whole of the English claim to title. It extended no further south than the present boundaries of North Carolina and no further north than the present limits of the State of New Hampshire; that is, between 34° and 45° of north latitude. It provided for two colonies, one southern, between the 34th and 41st degrees, and one northern, between the 38th and 45th degrees, leaving, as may be seen, three degrees, or the territory from about the southern point of Maryland to the southern point of Connecticut, as common territory.*

In 1620 a charter was granted by James I to forty persons called "The Council established at Plymouth, in the County of Devon, for the Planting, Ruling, and Governing of New England in America." This charter referred to the patent of 1606, and granted to the persons named in it all the territory from the 40th to the 48th degrees of north latitude, and from the sea to the sea, to be called New England; that is, its territory extended from about the latitude of the city of Philadelphia to the middle of Newfoundland and from the Atlantic to the Pacific.†

The chief managers of this Council were Sir Ferdinando Gorges, Captain John Mason, and the Earl of Warwick, who was president. Gorges was to be governor of the new State. The Council made about twenty grants under their charter, but fell into difficulties, and finally came to an end in 1635.‡

* Hazard, Vol. I, p. 50.

† Hazard, Vol. I, p. 103.

A list of these grants will be found in Palfrey, Vol. I, p. 397, note, and also in "History of Grants under the Great Council for New England," by Samuel F.

March 28, 1629, a patent and charter was granted by Charles I to Sir Henry Rosewell, Sir Richard Saltonstall, John Endecott, and others, as a body corporate by the name of the "Governor and Company of the Massachusetts Bay in Newe-England."

January 13, 1629, a grant was made by Charles I to William Bradford and his associates, reciting that they had for nine years lived in New England and "planted a towne called by the name of New-Plimouth."†

In 1630 the Council of Plymouth in the County of Devon granted to Robert, Earl of Warwick, a part of New England, including the later colony of Connecticut, and it was confirmed to him by a patent from Charles I. March 19, 1631, the Earl of Warwick granted this territory to William, Viscount Say and Seal, and ten others, and the settlers of Connecticut were granted their lands by these eleven persons, the grantees of Warwick, who was the grantee of Charles I.‡

The grants of land by the colonies under these grants from the Crown were usually made to "proprietors,” who as such, or as towns, often called “plantations," granted the lands to such persons as they desired to have become inhabitants of the towns. In some cases the "proprietors" and the towns acted independently, but in most cases the "proprietors" were the town, and made grants as such.§

Haven, in Lectures on the Early History of Massachusetts, Lowell Institute Course. 1869. The supplement to this lecture gives an interesting chronological statement of the different charters covering the New England States.

*Hazard, Vol. I, p. 239.

† Hazard, Vol. I, p. 298.

Trumbull, History of Connecticut, Vol. I, p. 27. § Egleston, Land System of New England, p. 29.

CHAPTER II.

ADMISSION OF INHABITANTS.-GRANTS OF LAND BY TOWNS.-
RESTRAINT OF ALIENATION OF LANDS.-PROCEEDINGS IN
BOSTON AND OTHER MASSACHUSETTS
TOWNS.

AND PLYMOUTH

At first the New England towns exercised the right to exclude new-comes from inhabitancy by providing that no person should be received as an inhabitant without a vote of the town or of the "townsmen" or selectmen, and also by providing that no inhabitant should receive or entertain persons who were not admitted as inhabitants, or, as they were termed, strangers. This right of exclusion from inhabitancy was still further exercised by orders providing that inhabitants should not sell or let their land or houses to strangers without the consent of the town.

In Connecticut the colony law of 1659 provided that No inhabitant shall have power to make sale of his accommodation of house or lands until he have first propounded the sale thereof to the town where it is situate and they refuse to accept of the sale tendered.*

This restraint upon alienation by inhabitants of towns was not a new thing. Similar restraints existed in the Old World, and exist to-day in the village communities of Russia, where one may not sell to a stranger to the mir, or village, without the consent of the inhabitants.†

In addition to this right to deny admission to the town it was assumed that the right to exclude from inhabitancy included the right to admit to inhabitancy upon condition, and the towns frequently ad

* Public Records of the Colony of Connecticut, Vol. I, p. 351.

† Egleston, The Land System of the New England Colonies, p. 40; Maine, Early History of Institutions, p. 109.

mitted inhabitants upon conditions, in some cases, that the person admitted should set up a mill within a given time and should charge only certain prices; in others, that he should practise a trade within the town; in many cases, that the person should be of "peaceable conversation" and of "inoffensive carriage"; and, in still other cases, upon security that the person admitted should not become chargeable for support to the town at any time.

The records of Boston and of other towns in the Massachusetts and Plymouth Colonies show the action of the towns.

In Boston in November, 1634, it was ordered at a general meeting that Mr. Winthrop, then also governor, and six other persons, should have the power to divide and dispose of all lands belonging to the town, not then in the lawful possession of any particular persons, to the inhabitants of the town according to the orders of the Court, leaving such portions in common for the use of new-comers and the further benefit of the town as in their discretion they should see fit. These persons were subsequently termed "Allotters."

In November, 1635, this order was passed at a general town meeting:

It is agreed that noe further allotments shalbe graunted unto any new comers, but such as may be likely to be received members of the Congregation:

That none shall sell their houses or allotments to any new comers, but with the consent and allowance of those that are appointed Allotters.

This order against selling land to strangers was enforced. June 6, 1636, an order was made by the selectmen as follows:

Wee finde that Richard Fairebanke hath sold unto twoe

straingers the twoe houses in Sudbury end that were William Balstones, contrary to a former order, and therefore the sayle to bee voyd, and the said Richard Fairbancke to forfeite for his breaking thereof, xls.

Wee finde that Isaacke Cullymore Carpenter hath sould his house unto a strainger, contrary to the same order, and therefore the sayle thereof to bee voyd, and the said Isaacke Cullymore to forfeite for his breaking thereof, xls.

On September 26, 1636, the records of the selectmen show that

it was founde that William Hudson hath sould an housplott and garden unto one William Mawer, a strainger, without the consent of the appointed Allotters, contrarie to a former order. XX s.

Also that William Aspewall hath sould a housplott and a garden unto one M'. Tinge, contrarie to the same order. 2 lb.

That in like sort M'. Samuell Cole hath sold an Allotment unto one M'. Greenefield, and is to forfett for the breaking of the order iii lb.

On August 7, 1637, the selectmen granted leave to Richard Fairbank "to sell his shopp to Saunders,

a booke-bynder."

On the 28th of August the record of the selectmen shows that

it is agreed that Richard Hull Carpenter shall have liberty to sell his house and ground neere John Galloppe unto Philip Sherman, of Roxbury.

In September, 1637, "Robert Gillam, marryner," was given leave "to buy a houseplott where he can."

In August, 1638, there was leave granted to Francis Lyall to become an inhabitant, and leave was "graunted to Mr. Thomas Cornnell for the buying of our brother Willyam Balstone's house, and to become an inhabitant of this Towne."

On November 2, 1638, "leave is granted to Richard ✓ Rawlings, a plasterer, to buy Peter Johnson, the Dutch

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