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This
is the first
of a series of pages
that will examine the Pilgrims’ Peirce Patent – looking at not only
its significance for Plymouth Colony, but also the lives of its five
extraordinary and flamboyant signatories.
The legal arrangements under which the Pilgrims journeyed to America and
established their colony, and which, ultimately, resulted in the
colony’s demise in 1692 are among the most confusing aspects of the
Plymouth experience. The
“correct” way to proceed, as outlined in the surviving documents
(and many documents do not survive), did not always reflect how affairs
were actually conducted. And
the entire system of establishing and governing colonies was so new and
experimental that rules were often changed to meet new circumstances
(and information on how and why these changes occurred is generally
incomplete). As a result,
scholars frequently disagree about what actually did happen! What follows is, therefore, not a definitive answer but the
scenario that seems most likely.
First, let’s set the stage.
In the 16th century, Europe expanded its boundaries as
voyages of exploration brought increased geographical knowledge and an
interest in faraway lands. At
the same time, an increase in personal wealth and the development of
capitalism led to the rise of both a very wealthy landed aristocracy and
a rich merchant class possessing money (and, therefore, political clout)
and the ambition to make even more money.
The marriage of these factors resulted in new “financial
opportunities” - schemes by which adventuresome aristocrats and rich
merchants would make a profit on their money by investing in colonies.
Making money in colonies required a lot of money to begin with, more
than even the richest aristocrats or merchants had.
So they banded together into “companies,” pooling their
capital until they had enough to fund a large and potentially profitable
project.
Companies were not a new invention; they grew out of medieval guilds.
The earliest companies were partnerships, incorporated by a royal
patent (or permission), and given monopolies on trade.
One early example was the Company of Merchant Adventurers of the
City of London, who had an official monopoly on the cloth trade.
Why would the crown grant a royal patent?
Because the crown would gain import duties and taxes, and the
commercial venture - for the ultimate benefit of the country – would
be managed and expanded by knowledgeable people at no expense or risk to
the crown. The advantage to
the company, of course, was that all business flowed through its hands.
These early companies would vote in members who would pay a fee
and then be allowed, using their own capital, to trade under the rules
of the company.
The next organizational development in “companies” was called a
“semi-joint stock company,” wherein those members who chose to
participate in an individual venture would pool their capital.
Each venture would be separately financed.
The third organizational development was the full joint stock company,
officially incorporated, receiving
a royal patent giving a monopoly to develop ventures in a particular
geographic area. Anyone
willing to subscribe and become liable for dues and assessments could be
a member; the majority were investors who were interested purely in
dividends and returns. A
small governing council would set policy and determine which ventures
the company would back. This was the most powerful form of company and could raise
the considerable capital needed for colonization
- money for ships, for supplies, to support a settlement in its
early years, to pay an ambassador to the crown (patents were not easy or
inexpensive to obtain).
The fourth type of company is a voluntary association, in which
the members were often referred to as “Associates.”
A voluntary association is very similar to the joint stock
company but is unincorporated and without a royal patent.
Let’s fast forward now to the year 1615.
A number of joint stock companies with royal charters had
been established in England. There
was an East India Company, a Muscovy Company and a Bermuda Company. There were also two Virginia Companies, both with royal
charters that split the monopoly on colonizing British North America.
The Virginia Company of London was in charge of an area from the
Carolinas to northern New Jersey. The
Virginia Company of Plymouth (England) was in charge of the area from
southern New Jersey to Maine. (Yes,
there was an overlap.) In
early 1620, however, the Virginia Company of Plymouth went out of
business and, when the Pilgrims sailed, the Company was in the process
of being reorganized as the Council for New England.
The Virginia Company of London had authorized the settlement at
Jamestown. Jamestown was
the official arm in North America of the Virginia Company of London and
a participant in the Virginia Company’s royal charter.
The Virginia Company identified the settlers, outfitted them,
sent them over and supported them.
The process was slow, however.
The settlement was neither cohesive nor well managed, and the
colony – and the company - suffered financial difficulties.
So, in 1617, the Virginia Company of London came up with a new
idea to help Jamestown out of its financial difficulties: “particular
plantations.” Particular
plantations were like franchises. Particular
plantations were under the jurisdiction of the official governing body
(in this case, Jamestown) but had some independent rights.
Since particular plantations were not official arms of the
Virginia Company, they were not regarded as having a royal patent.
The Virginia Company was not
responsible for the financial well being of the particular plantations;
the particular plantations were responsible for themselves and, in fact,
would pay taxes to Jamestown.
The first patent obtained for the Pilgrim voyage to America was a patent
from the Virginia Company of London for a particular plantation to be
settled under the jurisdiction of Jamestown.
The patent was granted in the name of John Wyncop, a minister in
the household of the Countess of Lincoln (compacts and patents had to be
granted in a personal name, they were not granted to corporate groups).
John Wyncop died; the process necessarily began again.
The next patent obtained for the Pilgrim voyage to America was a patent
for a particular plantation, granted by the Virginia Company of London
to John Peirce on February 2, 1620.
This is the “First Peirce Patent” and the text does not
survive. We assume,
however, that it followed the pattern set down by other patents for
particular plantations, which gave permission to attempt a settlement
within the jurisdiction of Jamestown.
The Pilgrims sailed, landed outside of the jurisdiction of Jamestown and
the Virginia Company of London (being north of northern New Jersey).
They landed instead in the territory newly under the jurisdiction
of the Council for New England. Since
they had no legal “paper” giving them permission to settle where
they had landed or to construct a government, the Pilgrims drew up the
Mayflower Compact as a personal, interim agreement.
It governed the conduct of the settlers and was to remain an
embodiment of the guiding principles for Plymouth Colony, but had no
force in law as recognized by any outside authority.
When the Mayflower returned to
England in April of 1621, the Pilgrims sent back a request for another
patent for a particular plantation.
They asked, in effect, for permission to remain where they
already were. This time,
the request went to the newly established Council for New England, which
had jurisdiction over the Plymouth area.
Incorporated on November 3, 1620, under the name of “The
Council Established at Plymouth, in the County of Devon, for the
planting, ruling, ordering, and governing of New England in America,”
the corporation consisted of 40 patentees; most were persons of
distinction, 13 were peers. The
records of the Council are, unfortunately, far from complete.
Most of the records are lost; the few remaining records date from
1622-1623.
The Pilgrims’ request was granted in 1621 with the document known as
the Second Peirce Patent.
Like the first patent, the Second Peirce Patent gave the Pilgrims
permission to attempt a settlement. This “permission to take a
chance” was good for seven years.
If, at the end of seven years, the settlement were successful
then a new “permanent” patent would be issued; if the settlement was
NOT successful then all rights reverted back to the Council for New
England. The Second Peirce
Patent said that the settlement (corporately, not individually) would
receive 100 acres for every person who moved to the settlement who
managed to stay in the settlement for three out of the seven years, or
who died in the attempt. The
settlers were responsible for developing their own infrastructure and
maintaining magistrates and local government; they had the authority to
make laws and govern themselves (limited according to English custom and
usage) and, once the seven years were up, could apply for the permanent
charter specifying the colony’s actual physical boundaries.
The earliest surviving state document for New England, the Second Peirce
Patent is on display in Pilgrim Hall Museum.
It is signed by five wealthy, influential and adventurous
Englishmen: Lennox, Hamilton, Warwick, Sheffield and Gorges.
Click BELOW for each of their extraordinary stories!
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