Dinsmore Documentation  presents  Classics of American Colonial History

Author: Osgood, Herbert L.
Title: The American Colonies in the Seventeenth Century.
Citation: New York: Columbia University Press, 1904.
Subdivision: Volume II. Front Matter.
HTML by Dinsmore Documentation * Added February 10, 2004
<—Vol. I. Pt. II. Ch. XIV   Table of Contents   Vol. II, Pt. III, Ch. I —>

[Half-title]

THE AMERICAN COLONIES

IN THE

SEVENTEENTH CENTURY

ii

iii

THE AMERICAN COLONIES

IN THE

SEVENTEENTH CENTURY

 

BY

HERBERT L. OSGOOD, Ph.D.

PROFESSOR OF HISTORY IN COLUMBIA UNIVERSITY

 

 

VOLUME II

THE CHARTERED COLONIES. BEGINNINGS OF
SELF-GOVERNMENT

 

 

 

New York

THE MACMILLAN COMPANY

LONDON: MACMILLAN & CO., Ltd.

1904

All rights reserved

iv

Copyright, 1904,

BY THE MACMILLAN COMPANY.

Set up, electrotyped, and published May, 1904.

v

CONTENTS

PART THIRD

THE PROPRIETARY PROVINCE IN ITS LATER FORMS

CHAPTER I

General Characteristics of the Later Proprietary Provinces

page

The joint management of land and trade in the early provinces was a reflection of the joint-stock system under which they were founded

3

Though American colonization was begun by corporations, it was not continued by them

4

Individual proprietors or boards of proprietors take their place

4

Feudal characteristics emphasized in later proprietary provinces

4

The county palatine of Durham

5

The charter of Maryland

8

Charters of Maine and Carolina

11

Charters of New York and Pennsylvania

11

Differences between a proprietary province and a corporate colony

12

The province was normally monarchical in organization

13

Tendencies which facilitated the democratizing of the province

13

CHAPTER II

The Land System of the Later Proprietary Provinces

Distinctions between land system of New England and that of the provinces

16

The province and tracts within it were granted as estates of inheritance to individuals

17

This not wholly true of provinces founded by corporations

17

Instances of treatment of provinces like private estates

18

New York and New Jersey

18

Pennsylvania

18

The Carolinas

19

Territorial policy of the proprietors

19

vi

page

Suspension of statute quia emptores

19

Issue of conditions of plantation

20

Maryland

21

The Carolinas

21

New Jersey

21

Pennsylvania

21

Confirmation of titles and new conditions in New York

23

Upon conditions of plantation depended size and variety of estates

24

Estates larger in provinces than in New England

24

Proprietary reserves and manors

25

Maryland

25

The Carolinas

25

The Jerseys

27

Pennsylvania

29

The patroonships of New Netherland

31

Colonies and small grants in New Netherland

32

Question of mortmain in Maryland

33

Proprietary income from land

33

Alienation fines in Maryland

34

Sales of land in Pennsylvania and Maryland

34

Quitrents in all the provinces

35

Forms in which quitrents were paid

36

Struggles over quitrents in New Jersey

37

Under Berkeley and Carteret

37

Under the twenty-four proprietors

39

Rents in New Netherland

39

Quitrents in New York

40

Policy of the early governors

41

Policy of Governor Dongan

41

Administrative machinery

42

Development of land office in Maryland

42

Work of governors, secretary, and surveyor-general in other provinces

42

Development of proprietary boards in the Jerseys

45

Board of property and land office in Pennsylvania

46

The land system chiefly under executive control

46

Group settlements in the provinces

47

Towns of New England type abound in New York and northern New Jersey

47

Proprietary system favorable to individual grants

48

Individual initiative in New Netherland

48

Groups of farms bound together by town patents

49

Extension of this form of settlement in southern New Jersey and Pennsylvania

60

Germantown an exception

52

Large proprietary influence in Maryland and South Carolina

53

Annapolis and port towns

53

Albemarle Point and Oyster Point

55

vii

CHAPTER III

The Official System in Maryland

page

Effect of the bestowment of governmental rights on the proprietor

58

The executive in the proprietary provinces

58

The executive in Maryland

60

The governor, secretary, surveyor, and “commissioners,” 1634

60

The ordinance of government of April, 1637

61

The office of governor

61

His relation to the province

61

His relation to the proprietor

62

The council

65

Its relation to the governor

65

Its membership

66

Its powers

66

The expansion of the official system

67

Creation of new offices.

67

Effect of development of local government

68

Local government was chiefly created by the executive

69

The military system and policy had the same origin

69

The financial support of the executive not yet a subject of controversy with the legislature

70

Concentration of power in the hands of the executive

71

Question of tenure of sheriffs after 1660

71

Family influence of the proprietor

71

Concentration of offices in a few hands

71

CHAPTER IV

The Legislature in Maryland and Its Relations with the Executive

Social and political forces act through the legislature to transform the fief

74

Its form was determined by concessions of the proprietor

75

Relations in general between the executive and the legislature

75

Early and changing forms of the legislature

76

The general assembly of 1638

76

The general assembly of 1639

77

Fluctuations between 1640 and 1650

77

The two houses appear in their final form in 1650

79

The upper house

79

Relations between the legislature and the executive prior to 1660

80

The question of the initiative. Action of the proprietor in 1638 and again in 1649 and 1650

82

Failure of the scheme of legislation in 1639

83

Assertions of executive discretion in 1642

84

Reestablishment of government in 1660

84

viii

page

Question relating to duties on tobacco

85

The revolutionary scheme of Fendall

86

Its defeat

87

Relations between the legislature and executive after 1660

87

The official clique under Charles Calvert

87

Appearance of opposition in 1669

89

Grievances arising from the veto and the tax levy

89

Case of Rev. Charles Nicholett

90

Case of John Morecroft

90

Upper house compels lower house to expunge a part of its proceedings

90

Passage of acts limiting the powers of the executive, 1671-1676

91

Attack on sheriffs and legislation of 1676

91

Appropriation acts after 1670. Specific appropriations

92

Renewed efforts to restrict the discretion of the proprietor in the exercise of the veto

93

CHAPTER V

The Official System in Proprietary New Netherland

The distinguishing characteristic of New York was the prominence and strength of the executive

95

The same was true of New Netherland

95

The West India Company as Proprietor

96

Origin of the company and its relations with the States General

96

Correspondence between the Amsterdam chamber and the director

98

System of joint control by States General and company

99

The executive within New Netherland

100

The director and council

100

The autocratic powers of the director

101

Description of this in remonstrance of 1653

102

His will could be checked only by appeal to Holland

103

Scope of ordinances issued by director and council

103

Its administrative activity

104

The other officials of the province, especially the schout fiscal

105

Early development of local government

106

The sections of New Netherland

106

The Freedoms and Exemptions of 1640

106

Grant of village rights

107

Village officials and their powers

107

Bestowment of municipal rights on New Amsterdam

108

They are tardily conceded by Stuyvesant

109

Grant of excise on wines and beer to the city

109

Regulative power of director and council continues to be great

109

Government on the South river

109

Duties and powers of commissary

110

Jan Jansen and Andries Hudde

110

ix

page

The vice-directorship, Jacquet

111

The local court

111

Cases of interposition by the director and council

112

Vice-director and council of New Amstel

112

Alrichs and D’Hinoyossa

113

Officers of company withdraw from South river

114

Government at Fort Orange and Rensselaerswyck

115

Organization of the manor

115

Relations between the authorities of the manor and those of the company

116

CHAPTER VI

The Transition from Dutch to English Government. The Executive in Proprietary New York.

The transition

119

Grant of charter to Duke of York

119

Administration through a governor and council set up at New York

119

The articles of surrender

119

Extent to which Dutch officials and privileges were continued

120

English government established in Long Island, Westchester, and Staten island

121

Yorkshire and its three ridings

121

Proclamation of the Duke’s Laws

121

Provisions of Duke’s Laws relating to government

122

English system of town government established

122

Substitution of English for Dutch government in city of New York

123

No radical difference between manner of establishing English government in New York and that followed in other colonies

124

Effect of treaty of Breda on the English title

124

Complete cession by treaty of Westminster

124

The executive in New York

125

No radical difference between the Dutch and English executives

125

Indian and military relations more fully developed by English

125

Specially close connection between the king and New York

126

Personality of Governors Nicolls and Andros

127

Philip’s war and the visit of Andros to England in 1678

129

Andros and Lewin in 1680

130

The council

131

Exclusive and aristocratic

131

A small body of officials and heads of rising families

132

Authority of governor and council extended throughout the province

133

Controversies with the Long Island towns

134

Before the Dutch reoccupation

134

After the Dutch reoccupation

135

Examples of administrative work by governor and council

136

Settling disputes between towns

137

x

page

Establishment of towns

138

Establishment of local courts

139

Fiscal and military affairs

139

CHAPTER VII

The Beginnings of a Legislature in Proprietary New York

Extended reference is necessary to the development of opposition in New Netherland

141

Opposition during the administration of Kieft

143

The Indian war and the Twelve Men, 1641

144

The Twelve demand increased powers

144

Kieft dissolves the Twelve, February, 1643

145

Kieft is forced to call the Eight Men, September, 1643

145

The Eight appeal to the Amsterdam chamber

145

The Eight consent to the levy of an excise

146

Further remonstrance to the company and States General

146

Recall of Kieft

147

Opposition during the administration of Stuyvesant

147

Prosecution of Melyn and Kuyter

147

The appeal to the States General

148

Stuyvesant calls the Nine Men, 1647

148

Composition and powers of this board

148

It concerned itself with local improvement

149

But it labored chiefly to secure aid and redress from the home government

149

The “Remonstrance of New Netherland ”

150

Replies of the company and of Stuyvesant’s agent

151

New set of Freedoms and Exemptions and the Provisional Order of 1650

152

The English of Long Island begin to share in public affairs

153

Meeting at the city hall, November 26, 1653

154

Convention of December 10, 1653

155

Its remonstrance to the Amsterdam chamber

155

Director and council repudiate the convention

156

Opposition ceases for ten years

157

Is revived by danger of conquest by the English

158

Remonstrance by Dutch magistrates, November, 1663

158

The Landtdag of April, 1664

158

Development of opposition to the English executive

159

The Dutch take little part in this

159

Nicolls, promises enjoyment of English liberties

159

The meeting at Hempstead, March, 1665

159

English towns petition for fulfilment of Nicolls’s promise, meaning thereby the grant of an assembly

160

Lovelace rejects the petition

160

Protest of Long Island towns against payment of a tax

161

The duke and Andros reject demand for an assembly

162

xi

page

The first New York legislature

162

The agitation of 1681 against payment of customs duties

162

Appointment of Dongan as governor

164

The concession of an assembly

164

The election and assembly of 1683

165

Its legislation

166

The charter of liberties not confirmed

167

The concession of an assembly withdrawn when Dongan was appointed royal governor

168

CHAPTER VIII

The Governmental System of New Jersey

Did the proprietors of New Jersey legally possess rights of government?

169

Principle of English law involved

169

The lease and release of 1664

169

Letter of Charles II, 1672

170

Changes of 1674. Second deed of release

170

Opinion of Sir William Jones, 1680

172

Deeds of 1680 to proprietors of East and West Jersey

172

The claim of the proprietors practically but not legally established

172

Efforts of the proprietors to establish government

173

The agreements and concession of 1665

173

Appointment of governor, council, and other officials

174

Beginnings of local government

174

Early courts and their officials

175

The first assemblies

176

Relations with the Monmouth Purchase

176

Disorders after 1670. James Carteret

176

Return of Governor Carteret from England with confirmatory instructions

180

Strengthening of the government

181

Assemblies of 1675 to 1679

182

Controversies between the Jerseys and New York

183

John Fenwick and the collection of duties on the Delaware river

184

Overseers at Salem put under the jurisdiction of magistrates at Newcastle

186

Formal control sought by Andros over the remainder of West Jersey

187

Vessels forbidden to enter and clear at Elizabethtown

188

Carteret’s arrest and trial by Andros

189

Andros assumes to govern East Jersey

189

In 1680 the duke yields and Andros soon returns to England

191

East Jersey under the twenty-four proprietors

191

The Quaker Concessions or form of government

192

The East Jersey Constitutions

193

They were ignored in practice

194

Establishment of counties completed

195

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page

Government in West Jersey

195

The board of commissioners

195

The representation of the tenths in the assembly

195

Edward Byllinge appoints governors and seeks to act as proprietor

106

The colonists oppose him and insist upon an elective governor

197

West Jersey practically a democratic self-governed community

197

CHAPTER IX

Carolina as a Proprietary Province. The Cape Fear and Ashley River Settlements, South Carolina

The Heath patent for Carolina

200

The patents of 1663 and 1665 to Clarendon and associates

201

A proprietary board as a colonizing agent

201

The Cape Fear experiment

202

Early proposals of New Englanders and Barbadians

202

The “ declaration and proposals” of 1663

203

Acceptance of conditions offered by the group from Barbadoes

204

Concessions and Agreement of 1665

204

Their liberal character

204

Unsuccessful attempt to found a colony at Cape Fear

206

Shaftesbury becomes interested in southern part of province

207

The Fundamental Constitutions

208

Their provisions in reference to government

208

They were an octroi constitution

211

Efforts of proprietors to put them into force

211

Elected members in the council

212

Ordinance power and right of initiative

212

The Ashley river settlements. South Carolina

213

Owen and Scrivener at Port Royal

213

Temporary laws of 1671

215

Controversy between Yeamans and West

215

The council and palatine’s court

216

Shaftesbury defines position of governor

217

West made landgrave and governor

218

Governor Morton and the Scotch settlers at Port Royal

219

The election of 1683

220

Vain attempt to procure acceptance of the Constitutions in 1685

221

Destruction of colony at Port Royal

222

Administration of James Colleton

222

Attempt to govern by martial law

223

Administration of Seth Sothell

223

Conflict with Colleton faction

224

Intention to abandon Constitutions first admitted under Governor Ludwell

225

Right of initiative abandoned under Governor Smith, 1693

227

The assembly of 1692. Huguenots from Craven county

227

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page

Conciliatory policy of Archdale

229

Final revision of Constitutions. - Their withdrawal

229

The assembly secures right to name the province treasurer

230

CHAPTER X

Carolina as a Proprietary Province. The Albemarle Settlement, North Carolina

Origin of Albemarle settlement

232

Poor means of communication

232

Greatly neglected by the proprietors

233

Government established. Drummond and Stephens

235

Assembly of 1669

236

Instructions under Fundamental Constitutions

236

The so-called Culpepper rebellion, 1677

237

The tobacco trade. Illicit trading

237

Anarchical tendencies in the province

238

Thomas Miller supplants Culpepper and others as collector

239

In absence of Eastchurch, Miller governs province

239

Uprising against him, December, 1677

239

Proceedings on the case in England

240

Government in North Carolina

240

Sothell and the governors who followed him

240

The work of the governor and council

242

Expansion of settlement

244

The so-called Cary rebellion, 1708-1711

244

Growth of Quakerism in the province

244

Act of 1701 for establishment of English Church

245

Renewal of attempt in 1704

246

The Quakers and the taking of oaths

246

Governor Cary and the oaths

247

President Glover and the oaths

247

Glover and Cary in conflict

248

Glover retires in favor of Governor Hyde

248

Hyde and Cary in conflict

249

Contest ended by Tuscarora war

250

Administration of Eden

250

Submission of Moseley enforced

251

Peace established in the province

251

CHAPTER XI

Proprietary Government in Pennsylvania

William Penn’s ideas concerning government

252

Coincidence of Quakerism with tendencies of colonial life

254

Penn seeks to share rights of government with the colonists

255

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page

Origin of government in Pennsylvania. The Frames of Government

255

The elective council

257

Inferior position of the assembly

259

Position of the governor

259

Session of 1683

260

Frame of Government of 1683

260

Controversy over the elective council

261

Form used in promulgating bills

261

Lower house dissatisfied with its inferior position

261

Penn appoints commissioners of state

262

Council continues to be poorly attended

262

Bad relations between the two houses, 1688

263

Governor Blackwell seeks to increase attendance at the council

263

Controversy with the chancellor, Thomas Lloyd

265

Bitter disputes between governor and council

266

Appointment of Fletcher as royal governor

269

This brings elective council to an end

269

Question of validity of Pennsylvania laws

270

Raising of a supply

271

Restoration of authority of the proprietor

273

The elective council temporarily restored

273

The lower house begins to initiate legislation

275

Markham’s Frame of Government

275

Visit of Penn to the province in 1700

275

The Charter of Privileges

276

Council made appointive and deprived of its legislative power

276

CHAPTER XII

The Judiciary in the Later Proprietary Provinces

The courts

277

The governor and council

277

Their anomalous position

278

Curtailment of their judicial powers

278

Rise, under a variety of names, of higher tribunals distinct from the governor and council in all the provinces

278

Local courts

281

The hundred in Maryland

281

Manorial courts in Maryland

281

Village courts in New Netherland

281

The ridings of Yorkshire

282

Courts of sessions at Esopus and Albany

282

Development of counties in New York, 1683

283

Counties and county courts in Maryland and the Carolinas

283

Counties and county courts in the Jerseys and Pennsylvania

285

By whom were courts established?

285

As a rule, courts were first established by action of the executive alone

285

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page

Exceptions in the Jerseys and Pennsylvania

286

Establishment of county courts in Maryland

288

Establishment of county courts in the Carolinas

289

Establishment of county courts in the Jerseys and Pennsylvania

291

Jurisdiction of the courts

292

Common law jurisdiction in its entirety was exercised

293

Jurisdiction of director and council in New Netherland

293

Jurisdiction of local courts in New Netherland. Appeals

294

Jurisdiction of the central courts in Maryland and the Carolinas

294

Jurisdiction of the central courts in the Jerseys and Pennsylvania

296

Jurisdiction of the county courts in the provinces

299

Procedure in the courts

303

English procedure followed, except in New Netherland and for a time in parts of New York

303

Employment of attorneys in civil cases

304

Procedure in criminal trials

305

In some provinces justice administered in name of king; in others in name of the proprietors

306

Office of attorney-general

307

CHAPTER XIII

Ecclesiastical Relations in the Later Proprietary Provinces

Varieties of religious faith in these provinces

309

Geographical distribution of the confessions

311

Great preponderance of Protestant dissent

313

Nearly all the sects believed in connection between church and state

314

The ecclesiastical system of Maryland

315

Provisions of the charter

315

Diplomatic spirit of the Calverts

315

Claims of the Jesuits to land and jurisdiction renounced

317

The governor’s oath, 1648

319

The law of 1649 provides a limited toleration

320

Puritans cause the withdrawal of toleration from Catholics

321

Demand for special recognition of Anglicans begins after the Restoration

322

Ecclesiastical policy of Carolina proprietors

323

The royal charter provided for an establishment with toleration for dissent

323

The Concessions and Agreement

323

Early growth of dissenters and Episcopalians

325

Attempt to impose a religious test, 1704

326

Act for lay commission

328

Defeat of the plan in England

329

Establishment of church, 1706

330

Quakers and Episcopalians in North Carolina

332


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Attempt to establish the church in 1704

332

Connection of this with Cary’s rebellion

332

Ecclesiastical relations in New Netherland and New York

333

Relation between the company and the churches in New Netherland

333

Provisions of Duke’s Laws concerning parishes and ministers

335

System of privileged churches

336

Relations between Andros and the Dutch clergy

338

System of religious freedom in New Jersey

341

Penn laid no restriction on the right of public or private worship

343

But a religious test was imposed on office-holders

344

CHAPTER XIV

The Financial System of the Later Proprietary Provinces

The territorial revenue a private resource of the proprietors

347

Direct taxes

347

The poll tax an early form of levy

347

The property tax in Maryland

349

In South Carolina

350

Appears in New York as an imitation of the New England country rate

351

Later perpetuated in New York, New Jersey, and Pennsylvania as the penny in the pound

352

Method of levy in Pennsylvania

354

The tithe and land tax in New Netherland

354

It appears also in the Jerseys

356

Indirect taxes

356

The excise in New Netherland

356

New Amsterdam a staple port

357

Export and import duties in New Netherland

358

Export and import duties in New York

359

Indirect taxes less prominent in the other colonies than they were in New Netherland and New York

360

They appear to a limited extent in Maryland, South Carolina, and Pennsylvania

360

But not at all in proprietary New Jersey

361

The tonnage duty in Maryland and South Carolina

361

Fees and their regulation

362

In all the provinces except Maryland and New York they were early regulated by law

362

Objects of expenditure

365

Salaries and wages in general

365

Salaries in New Netherland and New York

365

In the provinces generally a salary system only imperfectly developed in the seventeenth century

366


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Financial administration

367

Wholly regulated by the executive in New Netherland and New York

367

The officials concerned

368

Farming of the excise

368

In the other provinces taxes were levied under authority of acts of the legislature

369

Officials in Maryland and South Carolina and their duties

369

Provisions of the laws were meagre in Maryland and Pennsylvania

370

In the English provinces, except New York, the legislature had exclusive right to make appropriations

370

Specific appropriation acts in Maryland

371

Appropriation acts in South Carolina

372

In the Jerseys and Pennsylvania

373

CHAPTER XV

The System of Defence in the Later Proprietary Provinces

Much that was stated under New England is true also of the provincial militia and defences

375

New York and South Carolina as border provinces

375

Relatively protected and peaceful condition of the middle provinces

376

In Maryland and New York the system pretty fully developed before legislation began to prescribe rules

378

Maryland act of 1654

378

Military activity of executive before 1660

378

Military activity in 1675 and 1676

380

Articles of war

381

Special council of war

382

Early measures of defence in South Carolina

383

At Albemarle Point

383

At Charlestown. Act of 1685

384

Establishment of the patrol system

385

State of the militia in 1708

385

The military in New Netherland and New York

386

Regular garrison troops

386

The levies of the rural towns

387

The burgher guard of New Amsterdam

388

Defensive measures against the English in 1664

389

The English force and the reasons for its success

391

Under the English the resources of the Long Island towns are secured

392

Provisions of the Duke’s Laws

392

Independent companies from England for garrison service

393

The garrisons at Albany

393

At Kingston

394

At New York

394


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Forts at New York and Albany

396

The guard at New York and the rural militia companies

397

Nicolls and the company at Flushing

397

A troop of horse in Yorkshire

398

The soldiers at Kingston

399

Early laws of the Jerseys relating to defence

399

CHAPTER XVI

Indian Relations among the Later Proprietary Provinces

The extent of the provincial frontier

401

The narrow and sectional views of the colonists in reference to defence the outgrowth of their social condition

401

The Indian stocks along the middle and southern frontier

402

Regulation of intercourse with the Indians

403

In reference to the extinguishment of their claims to land

403

In reference to trade in arms, ammunition, and liquors, and intercourse in general

405

Policy of the Dutch

406

Policy of the English in Maryland

407

Regulations in South Carolina

409

Policy in New York

410

Policy in New Jersey and Pennsylvania

410

Trespasses upon corn-fields and destruction of fences

411

Exclusion of Indians from settlements

412

Attitude of provinces toward Indian missions

413

Experiment of the Jesuits in Maryland

413

Slight effort on Long Island

414

Indifference of the Quakers

415

Extension of a protectorate over Indians

415

Tribes of southern Maryland

416

Indian commission in South Carolina

417

Indian commission on Long Island

419

Indian commission at Albany

419

Indian relations along the frontier as a whole

420

The wars of the Five Nations with other Indians

420

Wars between Dutch and the river Indians

421

Connection between Dutch arms and ammunition and the supremacy of the Iroquois

422

Southern raids of Iroquois lead to a comprehensive Indian policy

422

Joint conferences at Albany

423

Conference of 1677

423

Negotiations between 1677 and 1684

424

Conference of 1684

425

French discoveries arouse the attention of New York

426

Dongan and William Penn

427


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Project of an alliance with the Five Nations and of a protectorate over them

428

The Tuscarora war in North Carolina

429

The Yemassee war

432

CONCLUSION

Society beginning to assume an American type

433

Greater social uniformity than in Europe

433

Communities more isolated than in Europe

434

More perfect self-government than in English communities

435

The corporate colony essentially an American product

437

The proprietary province appears in great variety, was largely independent of the king, and proprietor’s power often shadowy

438

Analogy between period of chartered colonies and Saxon period in history of England

441

Dinsmore Documentation  presents  Classics of American Colonial History

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