Part 2

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 Judge lastly decreed that the Petitioner on delivering the said Manuscript Book to the Governor aforesaid shall at the same time deliver to him this Our Decree Sealed with the Seal of the Court WHEREFORE WE the Bishop of London aforesaid well weighing and considering the premises DO by virtue of Our Authority Ordinary and Episcopal and as far as in Us lies and by Law We may or can ratify and confirm such Decree of Our Vicar General and Official Principal of Our Consistorial and Episcopal Court of London IN TESTIMONY whereof We have caused the Seal of Our said Vicar General and Official Principal of the Consistorial and Episcopal Court of London which We use in this behalf to be affixed to these Presents DATED AT LONDON this Twelfth day of April One thousand eight hundred and ninety seven and in the first year of Our Translation.

HARRY W. LEE Exd. H.E.T. Registrar

(L.S.)

RECEIPT

OF

AMBASSADOR BAYARD.

RECEIPT OF AMBASSADOR BAYARD.

_In the Consistory Court of London_

IN THE MATTER OF THE ORIGINAL MANUSCRIPT OF THE BOOK ENTITLED AND KNOWN AS "THE LOG OF THE MAYFLOWER."

I THE HONOURABLE THOMAS FRANCIS BAYARD lately Ambassador Extraordinary and Plenipotentiary of the United States of America at the Court of Saint James's London Do hereby undertake, in compliance with the Order of this Honourable Court dated the twelfth day of April 1897 and made on my Petition filed in the said Honourable Court, that I will with all due care and diligence on my arrival from England in the United States of America safely convey over the Original Manuscript Book Known as and entitled "The Log of the Mayflower" which has been this twenty ninth day of April 1897 delivered over to me by the Lord Bishop of London, to the City of Boston in the United States of America and on my arrival in the said City deliver the same over in person to the Governor of the Commonwealth of Massachusetts at his Official Office in the State House in the said City of Boston AND I further hereby undertake from the time of the said delivery of the said Book to me by the said Lord Bishop of London until I shall have delivered the same to the Governor of Massachusetts, to retain the same in my own personal custody.

(Signed) T. F. BAYARD

29 April 1897

RECEIPT

of

HIS EXCELLENCY ROGER WOLCOTT.

RECEIPT OF GOVERNOR WOLCOTT.

His Excellency ROGER WOLCOTT, _Governor of the Commonwealth of Massachusetts, in the United States of America_.

_To the Registrar of the Consistorial and Episcopal Court of London._

_Whereas_, The said Honorable Court, by its decree dated the twelfth day of April, 1897, and made on the petition of the Honorable Thomas Francis Bayard, lately Ambassador Extraordinary and Plenipotentiary of the United States of America at the Court of Saint James in London, did order that a certain original manuscript book then in the custody of the Lord Bishop of London, known as and entitled "The Log of the Mayflower," and more specifically described in said decree, should be delivered over to the said Honorable Thomas Francis Bayard by the Lord Bishop of London, on certain conditions specified in said decree, to be delivered by the said Honorable Thomas Francis Bayard in person to the Governor of the Commonwealth of Massachusetts, thereafter to be kept in the custody of the aforesaid Governor of the Commonwealth of Massachusetts and his successors, subject to a compliance with certain conditions, as set forth in said decree;

_And Whereas_, The said Honorable Court by its decree aforesaid did further order that, with all convenient speed after the delivery of the said manuscript book to the Governor of the Commonwealth of Massachusetts, the Governor should transmit to the Registrar of the said Honorable Court a certificate of the delivery of the same to him by the said Honorable Thomas Francis Bayard, and his acceptance of the custody of the same, subject to the terms and conditions named in the decree aforesaid;

_Now, Therefore_, In compliance with the decree aforesaid I do hereby certify that on the twenty-sixth day of May, 1897, the said Honorable Thomas Francis Bayard delivered in person to me, at my official office in the State House in the city of Boston, in the Commonwealth of Massachusetts, in the United States of America, a certain manuscript book which the said Honorable Thomas Francis Bayard then and there declared to be the original manuscript book known as and entitled "The Log of the Mayflower," which is more specifically described in the decree aforesaid; and I do further certify that I hereby accept the custody of the same, subject to the terms and conditions named in the decree aforesaid.

_In witness whereof_, I have hereunto signed my name and caused the seal of the Commonwealth to be affixed, at the Capitol in Boston, this twelfth day of July in the year of our Lord one thousand eight hundred and ninety-seven.

ROGER WOLCOTT.

By His Excellency the Governor, WM. M. OLIN, _Secretary of the Commonwealth._

ADDRESS

OF THE

HON. GEORGE F. HOAR.

ADDRESS OF SENATOR HOAR.

The first American Ambassador to Great Britain, at the end of his official service, comes to Massachusetts on an interesting errand. He comes to deliver to the lineal successor of Governor Bradford, in the presence of the representatives and rulers of the body politic formed by the compact on board the "Mayflower," Nov. 11, 1620, the only authentic history of the founding of their Commonwealth; the only authentic history of what we have a right to consider the most important political transaction that has ever taken place on the face of the earth.

Mr. Bayard has sought to represent to the mother country, not so much the diplomacy as the good-will of the American people. If in this anybody be tempted to judge him severely, let us remember what his great predecessor, John Adams, the first minister at the same court, representing more than any other man, embodying more than any other man, the spirit of Massachusetts, said to George III., on the first day of June, 1785, after the close of our long and bitter struggle for independence: "I shall esteem myself the happiest of men if I can be instrumental in restoring an entire esteem, confidence and affection, or, in better words, the old good-nature and the old good-humor between people who, though separated by an ocean and under different governments, have the same language, a similar religion and kindred blood."

And let us remember, too, the answer of the old monarch, who, with all his faults, must have had something of a noble and royal nature stirring in his bosom, when he replied: "Let the circumstances of language, religion and blood have their natural and full effect."

It has long been well known that Governor Bradford wrote and left behind him a history of the settlement of Plymouth. It was quoted by early chroniclers. There are extracts from it in the records at Plymouth. Thomas Prince used it when he compiled his annals. Hubbard depended on it when he wrote his "History of New England." Cotton Mather had read it, or a copy of a portion of it, when he wrote his "Magnalia." Governor Hutchinson had it when he published the second volume of his history in 1767. From that time it disappeared from the knowledge of everybody on this side of the water. All our historians speak of it as lost, and can only guess what had been its fate. Some persons suspected that it was destroyed when Governor Hutchinson's house was sacked in 1765, others that it was carried off by some officer or soldier when Boston was evacuated by the British army in 1776.

In 1844 Samuel Wilberforce, Bishop of Oxford, afterward Bishop of Winchester, one of the brightest of men, published one of the dullest and stupidest of books. It is entitled "The History of the Protestant Episcopal Church in America." It contained extracts from manuscripts which he said he had discovered in the library of the Bishop of London at Fulham. The book attracted no attention here until, about twelve years later, in 1855, John Wingate Thornton, whom many of us remember as an accomplished antiquary and a delightful gentleman, happened to pick up a copy of it while he was lounging in Burnham's book store. He read the bishop's quotations, and carried the book to his office, where he left it for his friend, Mr. Barry, who was then writing his "History of Massachusetts," with passages marked, and with a note which is not preserved, but which, according to his memory, suggested that the passages must have come from Bradford's long-lost history. That is the claim for Mr. Thornton. On the other hand, it is claimed by Mr. Barry that there was nothing of that kind expressed in Mr. Thornton's note, but in reading the book when he got it an hour or so later, the thought struck him for the first time that the clew had been found to the precious book which had been lost so long. He at once repaired to Charles Deane, then and ever since, down to his death, as President Eliot felicitously styled him, "the master of historical investigators in this country." Mr. Deane saw the importance of the discovery. He communicated at once with Joseph Hunter, an eminent English scholar. Hunter was high authority on all matters connected with the settlement of New England. He visited the palace at Fulham, and established beyond question the identity of the manuscript with Governor Bradford's history, an original letter of Governor Bradford having been sent over for comparison of handwriting.

How the manuscript got to Fulham nobody knows. Whether it was carried over by Governor Hutchinson in 1774; whether it was taken as spoil from the tower of the Old South Church in 1775; whether, with other manuscripts, it was sent to Fulham at the time of the attempts of the Episcopal churches in America, just before the revolution, to establish an episcopate here,--nobody knows. It would seem that Hutchinson would have sent it to the colonial office; that an officer would naturally have sent it to the war office; and a private would have sent it to the war office, unless he had carried it off as mere private booty and plunder,--in which case it would have been unlikely that it would have reached a public place of custody. But we find it in the possession of the church and of the church official having, until independence was declared, special jurisdiction over Episcopal interests in Massachusetts and Plymouth. This may seem to point to a transfer for some ecclesiastical purpose.

The bishop's chancellor conjectures that it was sent to Fulham because of the record annexed to it of the early births, marriages and deaths, such records being in England always in ecclesiastical custody. But this is merely conjecture.

I know of no incident like this in history, unless it be the discovery in a chest in the castle of Edinburgh, where they had been lost for one hundred and eleven years, of the ancient regalia of Scotland,--the crown of Bruce, the sceptre and sword of state. The lovers of Walter Scott, who was one of the commissioners who made the search, remember his intense emotion, as described by his daughter, when the lid was removed. Her feelings were worked up to such a pitch that she nearly fainted, and drew back from the circle.

As she was retiring she was startled by his voice exclaiming, in a tone of the deepest emotion, "something between anger and despair," as she expressed it: "By God, no!" One of the commissioners, not quite entering into the solemnity with which Scott regarded this business, had, it seems, made a sort of motion as if he meant to put the crown on the head of one of the young ladies near him, but the voice and the aspect of the poet were more than sufficient to make this worthy gentleman understand his error; and, respecting the enthusiasm with which he had not been taught to sympathize, he laid down the ancient diadem with an air of painful embarrassment. Scott whispered, "Pray forgive me," and turning round at the moment observed his daughter deadly pale and leaning by the door. He immediately drew her out of the room, and when she had somewhat recovered in the fresh air, walked with her across Mound to Castle Street. "He never spoke all the way home," she says, "but every now and then I felt his arm tremble, and from that time I fancied he began to treat me more like a woman than a child. I thought he liked me better, too, than he had ever done before."

There have been several attempts to procure the return of the manuscript to this country. Mr. Winthrop, in 1860, through the venerable John Sinclair, archdeacon, urged the Bishop of London to give it up, and proposed that the Prince of Wales, then just coming to this country, should take it across the Atlantic and present it to the people of Massachusetts. The Attorney-General, Sir Fitzroy Kelley, approved the plan, and said it would be an exceptional act of grace, a most interesting action, and that he heartily wished the success of the application. But the bishop refused. Again, in 1869, John Lothrop Motley, then minister to England, who had a great and deserved influence there, repeated the proposition, at the suggestion of that most accomplished scholar, Justin Winsor. But his appeal had the same fate. The bishop gave no encouragement, and said, as had been said nine years before, that the property could not be alienated without an act of Parliament. Mr. Winsor planned to repeat the attempt on his visit to England in 1877. When he was at Fulham the bishop was absent, and he was obliged to come home without seeing him in person.

In 1881, at the time of the death of President Garfield, Benjamin Scott, chamberlain of London, proposed again in the newspapers that the restitution should be made. But nothing came of it.