7.--And it is enacted; being the privelege of our charter; that all persons of the age of 21 years, of right understanding and memory, whether excommunicated, condemned or other, having any estate properly theirs to dispose of, shall have full power and liberty to make their reasonable wills and testaments, and other lawful alienations of their lands and estates; be it only here excepted, That such as are sentenced for Treason ... or other capitall crimes, shall forfeit ... for the carrying on the charge of government, their personal estate: Their lands and real estate being still at their disposal. * * * * * FOOTNOTES: [28] The correct vote, according to the Company's _Records_ (I, 212), is 59, 23, and 18 (No. 28 below). This, of course, was the election in April, 1619, by which the Liberals came into power. Cf. _American History and Government_, ## 27, 49 and note. [29] Things did "settle" rapidly. Bradford's narrative continues: "But at last after all these things and their long attendance, they had a Patent granted them and confirmed under the Companies seale [June 9/19, according to _Records_ of the Virginia Company for May 26 and June 9, 1619]. ... By the advice of some of their friends, this pattente was not taken in the name of any of their owne, but in the name of Rev. John Wincob (a religious gentleman then belonging to the Countess of Lincoline), who intended to goe with them. But God so disposed as he never went, nor they ever made use of this patente, which had cost them so much labour and charge. ..." [30] Bradford's longer accounts are omitted here, because they are quoted so freely in _American History and Government_. [31] Bradford gives forty-two names,--those still interested in 1626. (Bradford's _Letter Book, Massachusetts Historical Society Collections_, First Series, III, 48.) In his latest work (_Advertisements_, etc., 1630) Smith implies that the London merchants lost far the greater part of their investment,--"being out of purse six or seven thousand pounds," and accepting in lieu of this the promise of the Planters in 1627 "to pay them for nine years two hundred pounds yearely, without any other account [settlement]." Smith, no doubt, heard only the merchants' side and exaggerates their loss. Bradford's _History_ shows that the accounts were badly muddled. XI. THE FOUNDING OF MASSACHUSETTS 51. The Gorges Claim to Massachusetts _a. Charter from the New England Council to Robert Gorges. December 30/January 9, 1622/3_ Hazard's _State Papers_ (1792), I, 152 ff. Reprinted from Sir Ferdinando Gorges' _Briefe Narration of the Originall Undertakings ... of Plantations into ... America_ (1658). Gorges' _Briefe Narration_ is reprinted in full in the _Massachusetts Historical Society Collections_, Third Series, V, 45-93. The Gorges Charter is short, and is given almost in full below.