Of Plymouth Plantation (Complete Edition) (eBook)

DECREE OF THE CONSISTORIAL AND EPISCOPAL COURT OF LONDON

DECREE.

MANDELL by Divine Permission LORD BISHOP OF LONDON—To The Honorable Thomas Francis Bayard Ambassador Extraordinary and Plenipotentiary to Her Most Gracious Majesty Queen Victoria at the Court of Saint James's in London and To The Governor and Commonwealth of Massachusetts in the United States of America Greeting—WHEREAS a Petition has been filed in the Registry of Our Consistorial and Episcopal Court of London by you the said Honorable Thomas Francis Bayard as Ambassador Extraordinary and Plenipotentiary to Her Most Gracious Majesty Queen Victoria at the Court of Saint James's in London on behalf of the President and Citizens of the United States of America wherein you have alleged that there is in Our Custody as Lord Bishop of London a certain Manuscript Book known as and entitled "The Log of the Mayflower" containing an account as narrated by Captain William Bradford who was one of the Company of Englishmen who left England in April 1620 in the ship known as "The Mayflower" of the circumstances leading to the prior Settlement of that Company at Leyden in Holland their return to England and subsequent departure for New England their landing at Cape Cod in December 1620 their Settlement at New Plymouth and their later history for several years they being the Company whose Settlement in America is regarded as the first real Colonisation of the New England States and wherein you have also alleged that the said Manuscript Book had been for many years past and was then deposited in the Library attached to Our Episcopal Palace at Fulham in the County of Middlesex and is of the greatest interest importance and value to the Citizens of the United States of America inasmuch as it is one of the earliest records of their national History and contains much valuable information in regard to the original Settlers in the States their family history and antecedents and that therefore you earnestly desired to acquire possession of the same for and on behalf of the President and Citizens of the said United States of America AND WHEREIN you have also alleged that you are informed that We as Lord Bishop of London had fully recognised the value and interest of the said Manuscript Book to the Citizens of the United States of America and the claims which they have to its possession and that We were desirous of transferring it to the said President and Citizens AND WHEREIN you have also alleged that you are advised and believe that the Custody of documents in the nature of public or ecclesiastical records belonging to the See of London is vested in the Consistorial Court of the said See and that any disposal thereof must be authorised by an Order issued by the Judge of that Honorable Court And that you therefore humbly prayed that the said Honorable Court would deliver to you the said Manuscript Book on your undertaking to use every means in your power for the safe transmission of the said Book to the United States of America and its secure deposit and custody in the Pilgrim Hall at New Plymouth or in such other place as may be selected by the President and Senate of the said United States and upon such conditions as to security and access by and on behalf of the English Nation as that Honorable Court might determine AND WHEREAS the said Petition was set down for hearing on one of the Court days in Hilary Term to wit Thursday the Twenty fifth day of March One thousand eight hundred and ninety seven in Our Consistorial Court in the Cathedral Church of Saint Paul in London before The Right Worshipful Thomas Hutchinson Tristram Doctor of Laws and one of Her Majesty's Counsel learned in the Law Our Vicar General and Official Principal the Judge of the said Court and you at the sitting of the said Court appeared by Counsel in support of the Prayer of the said Petition and during the hearing thereof the said Manuscript Book was produced in the said Court by Our legal Secretary and was then inspected and examined by the said Judge and evidence was also given before the Court by which it appeared that the Registry at Fulham Palace was a Public Registry for Historical and Ecclesiastical Documents relating to the Diocese of London and to the Colonial and other possessions of Great Britain beyond the Seas so long as the same remained by custom within the said Diocese AND WHEREAS it appeared on the face of the said Manuscript Book that the whole of the body thereof with the exception of part of the last page thereof was in the handwriting of the said William Bradford who was elected Governor of New Plymouth in April 1621 and continued Governor thereof from that date excepting between the years 1635 and 1637 up to 1650 and that the last five pages of the said Manuscript which is in the handwriting of the said William Bradford contain what in Law is an authentic Register between 1620 and 1650 of the fact of the Marriages of the Founders of the Colony of New England with the names of their respective wives and the names of their Children the lawful issue of such Marriages and of the fact of the Marriages of many of their Children and Grandchildren and of the names of the issue of such marriages and of the deaths of many of the persons named therein And after hearing Counsel in support of the said application the Judge being of opinion that the said Manuscript Book had been upon the evidence before the Court presumably deposited at Fulham Palace sometime between the year 1729 and the year 1785 during which time the said Colony was by custom within the Diocese of London for purposes Ecclesiastical and the Registry of the said Consistorial Court was a legitimate Registry for the Custody of Registers of Marriages Births and Deaths within the said Colony and that the Registry at Fulham Palace was a Registry for Historical and other Documents connected with the Colonies and possessions of Great Britain beyond the Seas so long as the same remained by custom within the Diocese of London and that on the Declaration of the Independence of the United States of America in 1776 the said Colony had ceased to be within the Diocese of London and the Registry of the Court had ceased to be a public registry for the said Colony and having maturely deliberated on the Cases precedents and practice of the Ecclesiastical Court bearing on the application before him and having regard to the Special Circumstances of the Case Decreed as follows—(1) That a Photographic facsimile reproduction of the said Manuscript Book verified by affidavit as being a true and correct Photographic reproduction of the said Manuscript Book be deposited in the Registry of Our said Court by or on behalf of the Petitioner before the delivery to the Petitioner of the said original Manuscript Book as hereinafter ordered—(2) That the said Manuscript Book be delivered over to the said Honorable Thomas Francis Bayard by the Lord Bishop of London or in his Lordship's absence by the Registrar of the said Court on his giving his undertaking in writing that he will with all due care and diligence on his arrival from England in the United States convey and deliver in person the said Manuscript Book to the Governor of the Commonwealth of Massachusetts in the United States of America at his Official Office in the State House in the City of Boston and that from the time of the delivery of the said Book to him by the said Lord Bishop of London or by the said Registrar until he shall have delivered the same to the Governor of Massachusetts he will retain the same in his own Personal custody—(3) That the said Book be deposited by the Petitioner with the Governor of Massachusetts for the purpose of the same being with all convenient speed finally deposited either in the State Archives of the Commonwealth of Massachusetts in the City of Boston or in the Library of the Historical Society of the said Commonwealth in the City of Boston as the Governor shall determine—(4) That the Governors of the said Commonwealth for all time to come be officially responsible for the safe custody of the said Manuscript Book whether the same be deposited in the State Archives at Boston or in the Historical Library in Boston aforesaid as well as for the performance of the following conditions subject to a compliance wherewith the said Manuscript Book is hereby decreed to be deposited in the Custody of the aforesaid Governor of the Commonwealth of Massachusetts and his Successors to wit:—(a) That all persons have such access to the said Manuscript Book as to the Governor of the said Commonwealth for the time being shall appear to be reasonable and with such safeguard as he shall order—(b) That all persons desirous of searching the said Manuscript Book for the bona fide purpose of establishing or tracing a Pedigree through persons named in the last five pages thereof or in any other part thereof shall be permitted to search the same under such safeguards as the Governor for the time being shall determine on payment of a fee to be fixed by the Governor—(c) That any person applying to the Official having the immediate custody of the said Manuscript Book for a Certified Copy of any entry contained in proof of Marriage Birth or Death of persons named therein or of any other matter of like purport for the purpose of tracing descents shall be furnished with such certificate on the payment of a sum not exceeding one Dollar—(d) That with all convenient speed after the delivery of the said Manuscript Book to the Governor of the Commonwealth of Massachusetts the Governor shall transmit to the Registrar of the Court a Certificate of the delivery of the same to him by the Petitioner and that he accepts the Custody of the same subject to the terms and conditions herein named AND the...