IMPORTANT EDITION OF THE "CHARTER FOR MASSACHUSETTS BAY" WITH "EXPLANATORY CHARTER" AND SESSION LAW CONTINUED AFTER INDEPENDENCE
The Charter Granted by Their Majesties King William and Queen Mary, to the Inhabitants of the Province of the Massachusetts Bay in New-England. Boston: B. Green, 1726-1734. BOUND WITH: Acts and Laws, of His Majesty's Province of the Massachusetts Bay in New-England. Boston: B. Green, 1726. BOUND WITH: Session law, with continuation to 29 May 1734. (A complete list follows the description).
Folio, 197 x 295 mm (7 3/4 x 11 5/8 in.) Signatures: 7 leaves, 14 pages A-B⁴; approx. 265 leaves, 530 pages, A-2X⁴ (-2X4) 2Z² 3A¹ 3B-3M² 3N¹ 3O-4E² 4F¹ 4G² 4H¹ 4I-4N² 4O¹ 4P-4Q² 4R-4S¹ 4T-4V² 4X¹ 4Y-5A² 5B¹ 5C². Contemporary sheep blind tooled, spine with 5 raised bands in 6 compartments.
Provenance: Joshua Bayley March 13th, 1734; Isaac Osgood, 1780; Tim Osgood to William Codman, Esq., 1792 (dated inscriptions to title page; with advertising receipt slip, dated 1842 to W. H. Codman from the Republican Journal, Belfast, [Maine]).
Reference: Cushing 343, 348-350, 352, 355, 359, 364, 368, 390, 372, 373, 375, 377, 378, 380, 382, 383, 385, 386; Evans 2761, 2762, 2900, 2902, 3056, 3182, 3306, 3440-3442, 3564, 3565, 3679, 3680, 3683, 3682, 3791, 3792, 3923; Bristol B735; Sabin 45673 & 45568; Shipton & Mooney 39866.
First published in 1692, the Charter for Massachusetts Bay severely limited the independence of the Massachusetts Bay Colony. Most significant to this edition is, for the first time, the inclusion of the "Explanatory Charter" printed on pages 13 & 14 (l. B4) of the initial work. Amending and supplementing the original charter, King George further restricted the Colony's autonomy. By centralizing British Imperial control of the government, the document laid early groundwork for the fomenting colonial rebellion and would serve as an inciting factor leading to the Declaration of Independence.
Bound, as is typical, with the Acts and Laws. As Sabin notes, "collations of copies of this edition differ, owing ot the fact that at each session the additional laws were continuously paged." This copy contains an unusually large selection of publications, with the latest included printed in the spring of 1734, significantly later than any other copy we have found to have sold at auction. As the 17th-century editions of the laws are virtually unobtainable, the early 18th-century editions, such as the present, are desirable.
The acts regulate all manner of law, military, business, and industry, including lotteries, the distillation of liquor, trade with Native Americans, weights & measures, timber, counterfeit currency, and the creation of new towns, including Uxbridge, Southborough, and Hanover. Of Numismatic Interest, the volume includes "An Act for Ascertaining the Rates of Forein [sic] Coins in Her Majesties Plantations in America." (pp. 194-195).
There are several acts regulating the ways in which colonists can trade with Native Americans and in particular, make land deals, including, "An act to prevent and make void Clandestine and Illegal Purchases of Lands from the Indians" (p. 167). It was not uncommon for colonists to purchase land directly from Native Americans, a source of misunderstanding for decades and the subject of extensive legislation in the new American Republic. Often, Native leaders intended the land to be shared, and only for the lifetime of the buyer. While Europeans were under the impression that they had acquired exclusive rights to the land in perpetuity. These purchasers then often came into conflict with land speculation companies, local authorities, and the Federal government when competing claims arose.
Not unsurprisingly, many of the rulings deal directly with taxes, one of the overarching sources of conflicts between the American colonists and the British government. There are several acts passed for specific taxes and tariffs levied, including, "An Act for Granting unto His Majesty an Excise upon Wines, Liquors, and other Strong Drink, Sold by Retail."; "An Act for the better Inquiry into the Rateable estate of this Province"; and "An Act directing how Rates and Taxes to be Granted by the General Assembly as also county, town and precinct rates shall be assessed and collected." Interestingly, there is an exemption passed for Quakers, "An act to exempt persons commonly called Anabatists, and those called Quakers within this Province, from being Taxed for and towards the Support of Ministers" (p. 405).
The colony was also beginning to contend with the issue of enslavement, as evidenced by the inclusion of an Act regulating the "Importation of Negroes" warning of steep penalties for failure to supply "a true Account of Lift of the Negros he has on Board" (p. 414) and "An Act Prohibiting the Importation or Bringing into the Province, any Indian Servants or Slaves." (p. 221)
One of the largest compilations of this kind we have encountered, with most volumes having the session law extended no later than 1727. An important foundational publication of any 18th century Americana collection.
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Complete list of Session Law:
2Z1, p. 349, 2Z²-3A1
Acts and Laws, Passed by the great and general court or Assembly of his majesty's province of the Massachusetts Bay in New-England; Begun and Held at Boston upon Wednesday the Twenty-fifth Day of May, 1726. And continued by several Prorogations unto Wednesday the Twenty-third Day of November following, and then Met. Cushing 349; Evans 2900.
3B1, p. [355] 3B-3E²
Acts and Laws, Passed by the great and general court or Assembly of his majesty's province of the Massachusetts Bay in New-England, Begun and Held at Boston, upon Wednesday the Thirty-first Day of May, 1727. Cushing 350; Evans 2901.
3F1, p. 371, 3F², 3F2 verso blank
Acts and Laws, Passed by the great and general court or Assembly of his majesty's province of the Massachusetts Bay in New-England, Begun and Held at Boston, upon Wednesday the Thirty-first Day of May, 1727. And continued by Adjournment to the Sixteenth Day of August following. Cushing 351; Evans 2902.
3G1, p. 375, 3G¹
An Act Passed by the Great and General Court or Assembly of His Majesty's Province of the Massachusetts-Bay in New England, begun and held at Boston upon Wednesday the thirty-first day of May, 1727. And continued by several adjournments unto Wednesday the fourth day of October following. Bristol B735 (Supplement to Evans); Cushing 352; Shipton & Mooney 39866.
3G2, p. 377, 3G2-3M²
Acts and Laws, Passed by the great and general court or Assembly of his majesty's province of the Massachusetts Bay in New-England, Begun and Held at Boston, upon Wednseday the Twenty-second Day of Novmeber 1727. NOT IN EVANS.
3O1, p. 401, 3O1-3Q²
Acts and Laws, Passed by the great and general court or Assembly of his majesty's province of the Massachusetts Bay in New-England, begun and held at Boston upon Wednesday the twenty-ninth day of May, 1728. Cushing 355; Evans 3056
3R1, p 413, 3R1, 3R²
Acts and Laws, Passed by the great and general court or Assembly of his majesty's province of the Massachusetts Bay in New-England, begun and held at Boston upon Wednesday the twenty-ninth day of May, 1728. And continued by prorogation unto Wednesday the twenty-fourth day of July following, and then met. Cushing 357; Evans 3057
3S1, p. 417, 3S²
An act passed by the Great and General Court or Assembly of His Majesties province of the Massachusetts-Bay in New-England, begun & held at Boston upon Wednesday the twenty-ninth day of May, 1728. And continued by several prorogations and adjournments to Salem the second of April, 1729. Cushing 359; Evans 3182
3T1, p. 421, 3T²-3V1r
Acts and Laws, Passed by the great and general court or Assembly of his majesty's province of the Massachusetts Bay in New-England, Begun and Held at Salem upon Wednesday the Twenty-Eighth Day of May, 1729. And continued by several Prorogations and Adjournments to Boston the Nineteenth Day of November following. Cushing 364; Evans 3306.
3V1v, p. 426, 3V1v-3Y² (Printed with the previous item, not in Evans)
Acts and Laws, Passed by the great and general court or Assembly of his majesty's province of the Massachusetts Bay in New-England, Begun and Held at Cambridge upon Wednesday the Twenty-Seventh day of May 1730. and continued by several Prorogations to Wednesday the Ninth Day of September following, and continued by Adjournment to Roxbury and thence to Boston.
3Z1, p. 437, 3Z1-4D²
Acts and laws passed by the Great and General Court or Assembly of His Majesty's province of the Massachusetts-Bay in New-England:
begun and held at Boston upon Wednesday the tenth day of February, 1730. Cushing 368; Evans 3440.
4E1, p. 457, 4E² 4F¹
Acts and laws passed by the Great and General Court or Assembly of His Majesties province of the Massachusetts-Bay in New-England,
begun & held at Boston, upon Wednesday the twenty-sixth day of May, 1731. Cushing 370; Evans 3441.
4G1, p. 463 4G² 4H1
Acts and laws passed by the Great and General Court or Assembly of His Majesties province of the Massachusetts-Bay in New-England, begun & held at Boston, upon Wednesday the twenty-sixth day of May, 1731. And continued by several adjournments unto Wednesday the third day of November following. Cushing 372; Evans 3442
4I1 P. 469 4I-4K²
Acts and laws passed by the Great and General Court or Assembly of His Majesty's province of the Massachusetts-Bay in New-England,
begun and held at Boston, upon Wednesday the twenty-sixth day of May, 1731. And continued by several adjournments and prorogations unto Wednesday the first day of December following. Cushing 373; Evans 3564
4L1, p. 477, 4L-4M²
Acts and laws passed by the Great and General Court or Assembly of His Majesty's province of the Massachusetts-Bay in New-England, begun & held at Boston, upon Wednesday the thirty-first day of May, 1732. Cushing 375; Evans 3565
4N1, p. 485, 4N² 4O1
Acts and laws passed by the Great and General Court or Assembly of His Majesty's province of the Massachusetts-Bay in New-England,
begun and held at Boston upon Wednesday the thirty-first day of May 1732. And continued by adjournment unto Wednesday the first day of November following. Cushing 377; Evans 3679
4P1, P. 491, 4P-4Q²
Acts and laws passed by the Great and General Court or Assembly of His Majesty's province of the Massachusetts-Bay in New-England,
begun & held at Boston, upon Wednesday the thirty-first day of May, 1733 [i.e., 1732]. And continued by several adjournments unto Wednesday the fourth day of April following, Cushing 378; Evans 3680
4R1, p. 499, 4R1
An act passed by the Great and General Court or Assembly of His Majesty's province of the Massachusetts-Bay in New-England, begun and held at Boston, upon Wednesday the thirtieth day of May 1733. Cushing 380; Evans 3683
4S1, p. 501, 4S1 4T² 4V1
Acts and laws passed by the Great and General Court or Assembly of His Majesty's province of the Massachusetts-Bay in New-England,
begun & held at Boston, upon Wednesday the thirtieth day of May 1733. And continued by several adjournments unto Wednesday the third day of October following. Cushing 382; Evans 3682
With additional title page on 4V2, pp. 509-510: "Acts and laws passed by the Great and Geeral Court or Assembly of His Majesty's province of the Massachusetts-Bay in New-England, begun and held at Boston, upon Wednesday the thirtieth day of May 1733, and continued by several adjournments unto Thursday the twenty-fourth day of January following."
4X1, p. 511, 4X1
Acts and laws passed by the Great and General Court or Assembly of His Majesty's province of the Massachusetts-Bay in New-England,
begun and held Boston [sic], upon Wednesday the thirtieth day of May 1733, and continued by several adjournments unto Wednesday the tenth day of April following. Cushing 383; Evans 3791
4Y1, p. 513, 4Y-5A ² 5B1 (5B1 verso blank)
Acts and laws passed by the Great and General Court or Assembly of His Majesty's province of the Massachusetts-Bay in New England, begun and held at Boston, upon Wednesday the twenty-ninth day of May 1734. Cushing 385; Evans 3792
5C1, p. 527, 5C²
Acts and laws passed by the Great and General Court or Assembly of His Majesty's province of the Massachusetts Bay in New England, begun and held at Boston, upon Wednesday the twenty-ninth day of May 1734, and continued by adjournments, unto Wednesday the twentieth day of November following. Cushing 386; Evans 3923
With a number of stubs at the rear of the book, at least two with contemporary inscriptions, one dated 1747
Contemporary notations throughout, especially to the table of contents. Later ink notations on p. 13. Lacking leaf MM3, leaf MM4 detached and sewn in. pp. 355/356 misprinted as 357/359.
Front board detached with first gathering partially detached and with tears to initial leaves. Failed cloth tape repair to front joint. Evidence of earlier repairs to hinges and board extremities. Boards with cracking, chips, and losses.
