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.)