Canadian Business And The Law

Canadian 6th Edition Duplessis Test

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Chapter 10 - Introduction to Tort Law

1. What legal term is derived from the Latin word meaning “crooked”?
a. deceit
b. tort
c. thief
d. fraud
ANSWER: b

2. Which of the following statements best describes one of the key objectives of tort law?
a. to allow parties certainty and the ability to plan their business affairs
b. to determine when a loss by one person should be shifted to the person responsible
c. to ensure that negligent parties are punished for their carelessness
d. to prevent losses
ANSWER: b

3. Neither Jeremy nor Jayson could afford the $60 ticket price for the RTG concert, but they were determined to
go nonetheless. They were humiliated when they were apprehended shortly after sneaking in through a side
entrance, charged, and sternly escorted from the building. What is the most likely infraction arising from these
circumstances?
a. defamation of character
b. trespass to land
c. libel
d. negligence
ANSWER: b

4. What tort arises when lawyers, accountants, or other professionals give their clients incompetent advice that
causes loss?
a. deceit
b. passing off
c. negligence
d. professional irresponsibility
ANSWER: c

5. Rodolfo was permanently injured in a vehicle collision. He retained Pilgren six months prior to the limitation
date to commence a law suit on his behalf. Pilgren incorrectly noted the limitation date. As a result, he failed to
file the claim within the prescribed time. What is the tort that arises in these circumstances?
a. professional negligence
b. professional incompetence
c. incompetence
d. negligence
ANSWER: a

6. Which of the following is the phrase “unreasonable conduct” synonymous with when considered in its legal

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Chapter 10 - Introduction to Tort Law

context?
a. battery
b. deceit
c. negligence
d. fraud
ANSWER: c

7. Armand, who previously had no reason to believe he was in poor health, crashed his truck into a parked car
after unexpectedly fainting at the wheel. Under these circumstances, why might the owner of the damaged
vehicle be prevented from recovering compensation from Armand?
a. The type of damages was not reasonably foreseeable.
b. Armand has insurance and therefore is protected from being sued.
c. No tort has been committed by Armand.
d. Armand owes no duty of care in these circumstances.
ANSWER: c

8. While a central function of tort law is compensation for innocent victims, why might the application of tort
law not result in compensation for an innocent victim?
a. because any fault on the part of the victim will negate his or her claim
b. because the wrongdoer was already convicted criminally for the same wrong
c. because the victim has failed to satisfy the “clean hands” rule
d. because tort law requires blameworthy conduct on the part of the defendant
ANSWER: d

9. Which of the following would be characteristic of an offence of aggravated assault under s. 268(1) of the
Criminal Code of Canada?
a. entering onto another person’s property without consent
b. wilful disfiguration or endangerment of another person
c. commission of a careless act causing loss to another
d. idle talk of threats to physically harm another person
ANSWER: b

10. Which of the following describes the distinction between criminal law and tort law?
a. Tort law doesn’t require the defendant’s fault, whereas criminal law does require fault.
b. Tort litigation must be commenced by a business, whereas criminal proceedings are commenced by
victims of crime.
c. Tort law is concerned with insurance claims, whereas criminal law is concerned with restitution to
victims of crime.
d. Tort law is concerned with compensation, whereas criminal law is concerned with punishment.
ANSWER: d

11. What does the law consider to be a qualifying act with respect to the commission of a tort of battery?
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Chapter 10 - Introduction to Tort Law

a. an uninvited intentional occupation of another person’s property
b. an uninvited intentional physical violation of another’s bodily security
c. a careless act or omission that causes harm to another
d. an overt threat of imminent physical harm
ANSWER: b

12. Which of the following is an intentional tort?

a. product liability
b. battery
c. careless driving
d. negligence
ANSWER: a

13. Which of the following is a valid defence to a claim for damages for losses arising from an alleged negligent
act?
a. The act causing the harmful event was unintentional.
b. The loss was reasonably unforeseeable or reasonably unpreventable
c. The act is an indictable offence under the Criminal Code of Canada.
d. The loss was reasonably foreseeable or reasonably preventable.
ANSWER: b

14. Which of these statements correctly describes the relationship between tort law and criminal law?
a. Legal consequences may arise under either criminal or tort law, but not both.
b. Legal consequences can arise under criminal and tort law from the same event.
c. A tort is a public wrong whereas a crime is a private wrong.
d. Anyone committing a tortious act commits an offence under the Criminal Code.
ANSWER: b

15. What is considered to be the critical intent behind the prosecution of criminal acts that contravene the laws
prescribed in the Criminal Code of Canada?
a. to facilitate the rehabilitation of society’s less than fortunate citizens
b. to determine awards of compensation for the victims of crimes
c. to determine and enforce the adequate punishment of wrongdoers
d. to maintain respect for established societal rights of the Canadian people
ANSWER: c

16. How do the burdens of proof in criminal cases and tort cases differ?
a. The burden of proof in a criminal case is higher than in a tort case.
b. The burden of proof in a criminal case is “beyond a balance of probabilities,” but it must be “proven
beyond a reasonable doubt” in a tort case.
c. The burden of proof in a criminal case rests with the accused, whereas in tort cases it rests with the
plaintiff.
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Chapter 10 - Introduction to Tort Law

d. It is easier to prove a tort case than it is to prove a criminal case
ANSWER: a

17. What are the legal terms given to the party bringing a criminal action and to the party bringing a tort action?
a. petitioner, complainant
b. applicant, plaintiff
c. appellant, complainant
d. the Crown, plaintiff
ANSWER: d

18. Which of the following is most likely attributable to a private prosecution?

a. a rare form of criminal prosecution initiated by a private individual
b. a rare form of civil action in which the defendant is a private individual
c. a typical form of civil action in which the plaintiff is a private individual
d. a typical form of criminal prosecution initiated by the Crown
ANSWER: a

19. Which of the following is a distinguishing feature of a criminal hearing with respect to the burden of proof?
a. A finding of guilt must be capable of being logically deduced from the evidence.
b. All elements of the alleged crimes must be proven beyond a reasonable doubt.
c. All elements of the alleged crime must be sufficient to raise a reasonable doubt.
d. A finding of guilt may be established without contrary evidence being presented.
ANSWER: a

20. Where the same incident has led to both criminal charges and the commencement of a lawsuit, what will
most likely be the result?
a. A criminal conviction ensures a successful civil liability action in tort.
b. Criminal conviction is relevant to establishing a related civil action in tort.
c. A prior civil compensatory award for tort ensures criminal conviction.
d. Civil actions are unable to proceed without a prior criminal conviction.
ANSWER: b

21. What must a finding of guilt or innocence beyond a reasonable doubt be based on?
a. objective and factual reasoning
b. better than a 50 percent chance
c. logic and common knowledge
d. reason and common sense
ANSWER: d

22. Which of the following describes a justification for the doctrine of vicarious liability?
a. The person who benefits from a business enterprise should bear the associated costs.
b. Employers can sue their employees for reimbursement.
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Chapter 10 - Introduction to Tort Law

c. Employers are protected by liability insurance.
d. The employers and employees are joint tort-feasors.
ANSWER: a

23. What must be established to give rise to a cause for a civil action based on primary liability?
a. an act of self-defence
b. a criminal conviction
c. an individual’s own misdeed
d. torts of assault and battery
ANSWER: c

24. Which of the following would immediately justify a court finding an employer vicariously liable?
a. authorized actions within the ordinary course of employment
b. evidence of unauthorized mode of performance
c. evidence establishing a significant connection
d. authorized actions outside the ordinary scope of employment
ANSWER: d

25. What is the legal significance of the relationship between the conduct authorized by an employer and the
wrong committed by the employee?
a. It is the significant connection justifying an employer’s vicarious liability.
b. Courts consider that the party who benefits from business should bear its associated costs.
c. It is the significant connection prescribed under the doctrine of primary liability.
d. Courts consider that the fact that wrongful acts may occur is a cost of business.
ANSWER: a

26. Which of the following is an example of pecuniary damages?

a. pain and suffering
b. loss of enjoyment of life
c. loss of life expectancy
d. special damages
ANSWER: d

27. Which of the following circumstances is synonymous with the legal term “joint tort-feasor”?
a. A culpable party has committed more than one tort.
b. It is a form of court order prohibiting certain conduct.
c. All blameworthy parties to the tort share joint liability.
d. A victim is found responsible for a portion of the loss.
ANSWER: c

28. What would a court most likely rely on when awarding damages to compensate an innocent party for their
loss in a case involving joint tort-feasors?
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Chapter 10 - Introduction to Tort Law

a. each tort-feasor’s ability to pay damages
b. each tort-feasor’s risk of wrongful conduct
c. each tort-feasor’s level of responsibility
d. each tort-feasor’s contributory negligence
ANSWER: c

29. Marion ran a red light, colliding with Amand’s vehicle. Amand had consumed four beers before getting
behind the wheel. He suffered two broken legs in the accident and missed work for 14 months. Marion filed a
defence seeking to reduce the amount of any damage award made against her. What would the court need
evidence of in order to accept Marion’s defence?
a. joint tort-feasors
b. contributory negligence
c. vicarious liability
d. intentional tort
ANSWER: b

30. How would a court determine the amount by which to reduce a plaintiff’s award where that party has also
acted negligently?
a. by considering the defence alleging contributory negligence by the plaintiff
b. by determining the degree to which a plaintiff is responsible for their own loss
c. by apportioning liability for the loss between all of the joint tort-feasors
d. by determining that the loss sustained was much less than it might have been
ANSWER: b

31. Which of the following is a distinguishing characteristic of punitive damages?

a. They are intended to compensate victims.
b. They are awarded in cases where the defendant has already been criminally convicted.
c. They are awarded to punish the defendant for malicious, oppressive, or high-handed conduct.
d. They are intended to create a windfall for plaintiffs who have been victims of crimes.
ANSWER: c

32. In addition to monetary compensation for mental pain and economic suffering awarded for harms arising
from another’s tortious act, which of the following would also qualify for monetary compensation under tort
law?
a. enjoyment of life
b. recurring trespass
c. physical injury
d. slight economic harm
ANSWER: c

33. What are the categories of pecuniary damages that may be awarded in accordance with tort law?
a. compensation awarded to the plaintiff to punish the defendant for particularly offensive behaviour
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b. compensation for pain and suffering, loss of enjoyment of life, and loss of life expectancy
c. compensation for out-of-pocket expenses, loss of future income, and cost of future care
d. no-fault compensation for injured employees in lieu of their right to sue
ANSWER: c

34. Which of the following is a distinguishing characteristic of non-pecuniary damages?

a. Non-pecuniary damage awards will increase in proportion to costs of future care.
b. Non-pecuniary damage awards will increase in proportion to medical costs incurred.
c. A serious, permanent injury will attract a higher general damage award.
d. A substantial income loss will result in an increased non-pecuniary damage award.
ANSWER: c

35. What type of evidence will a court require in order to determine the monetary amount of a damage award for
a plaintiff’s cost of future care?
a. testimony from labour and vocational experts
b. expert testimony from accountants and/or actuaries
c. expert testimony from the provincial health insurer
d. testimony from medical, occupational, and rehabilitation experts
ANSWER: d

36. Which of the following is a common characteristic associated with an award of special damages?
a. They relate to out-of-pocket expenses resulting from an injury-causing event.
b. They are the exception to the general rule of damages awarded for injury.
c. They are based on diminished earning capacity resulting from the injury.
d. They are another form of non-pecuniary damages arising from tangible losses.
ANSWER: a

37. Which of the following is synonymous with the legal term “punitive damages”?
a. special damages
b. pecuniary damages
c. exemplary damages
d. general damages
ANSWER: c

38. Under what circumstances will a court hearing a civil action most likely determine it is necessary to punish a
tort-feasor’s offensive behaviour?
a. where the defendant has sufficient assets to warrant such an award
b. where the victim requires modifications to his living accommodations
c. where the defendant might otherwise profit from the objectionable behaviour
d. where there has been significant out-of-pocket expenses resulting from injury
ANSWER: c

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Chapter 10 - Introduction to Tort Law

39. What would a lawyer representing an individual wrongfully imprisoned as a result of a fraudulent act on the
part of a Crown prosecutor most likely seek as compensation for her client’s intangible injuries?
a. aggravated damages for the defendant’s reprehensible actions
b. punitive damages to punish the defendant’s oppressive actions
c. special damages to punish the defendant’s high-handed conduct
d. pecuniary damages for the defendant’s malicious conduct
ANSWER: a

40. Why would a hotel guest who has been injured by a tortious act of the hotel’s employee be entitled to claim
liability in tort and in contract?
a. Businesses are particularly vulnerable to the doctrine of vicarious liability.
b. Providing a reasonably safe environment is an implied term of the contract.
c. Provision of inadequate service gives rise to primary liability of employees.
d. Businesses are exposed to a wide variety of risks related to tort actions.
ANSWER: b

41. The injured plaintiff in a car accident lawsuit was not wearing her seatbelt at the time of the accident,
resulting in more severe injuries than if she had been wearing her seatbelt. What argument might the defendant
make at her trial?
a. The plaintiff consented to the risk.
b. The plaintiff was contributorily negligent.
c. The plaintiff caused the accident.
d. The plaintiff is vicariously liable.
ANSWER: b

42. The law of torts automatically provides a remedy when someone has been physically or economically
injured.
a. True
b. False
ANSWER: False

43. The tort of negligence is the most uncommon of the torts that arise in a business context.
a. True
b. False
ANSWER: False

44. The word “tort” is a legal term used to describe any type of harm or injury caused by one person to another,
excluding instances of breach of contract.
a. True
b. False
ANSWER: True

45. Fraud or deceit is an example of a tort.

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Chapter 10 - Introduction to Tort Law

a. True
b. False
ANSWER: True

46. In order to avoid responsibility for a tortious act, individuals must take reasonable care to avoid acts or
omissions that they can reasonably foresee would be likely to cause injury to others.
a. True
b. False
ANSWER: True

47. Intentional torts are harmful acts that are committed on purpose.
a. True
b. False
ANSWER: True

48. The tort of battery involves the intentional infliction of harmful or offensive physical contact.
a. True
b. False
ANSWER: True

49. The nature of precedent is inherently contemporary, meaning that judges can use their discretion and ignore
past cases in order to force the evolution of the law in accordance with policy directives.
a. True
b. False
ANSWER: False

50. The accused in a criminal action must prove his or her innocence beyond a reasonable doubt.
a. True
b. False
ANSWER: False

51. A judge will likely rely on expert opinions from occupation experts, labour economists, and actuaries when
determining the value of an injured plaintiff’s diminished earning capacity.
a. True
b. False
ANSWER: True

52. The same event may give rise to legal consequences in criminal law and in tort law.
a. True
b. False
ANSWER: True

53. The law of torts will automatically provide a remedy when someone has been physically or emotionally
injured.
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a. True
b. False
ANSWER: False

54. The law of torts narrowly restricts the amount of compensation awarded to an injured party when the injury
is the result of someone else’s blameworthy conduct.
a. True
b. False
ANSWER: False

55. An employer can never be held vicariously liable for an employee’s intentional tort, such as a sexual assault.
a. True
b. False
ANSWER: False

56. Generally, supporting expert evidence is required to sustain an action for damages for emotional distress.
a. True
b. False
ANSWER: True

57. When an employer is vicariously liable, the employee who actually caused the plaintiff’s loss retains
primary liability.
a. True
b. False
ANSWER: False

58. There are many different torts, each with its own unique set of requirements.
a. True
b. False
ANSWER: True

59. The definition of the term “assault” is the same in Tort Law and Criminal Law.
a. True
b. False
ANSWER: False

60. The primary goal of non-pecuniary damages is to compensate.

a. True
b. False
ANSWER: True

61. Contributory negligence legislation apportions responsibility among those whose conduct has led to injury.
a. True
b. False
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ANSWER: True

62. What is the common law rule regarding the availability of compensation when the plaintiff’s contributory
negligence contributed to his/her injury? How has this been changed by legislation?
ANSWER: The common law rule is that where a plaintiff has negligently contributed to their own injury, the
amount of compensation recoverable from a tort-feasor is reduced. Legislation provides for the
apportionment of the amount of damages awarded based on the defendant’s proportion of
responsibility for the occurrence of the injury.

63. Identify and briefly describe the law’s rationale for holding employers vicariously liable for the tortious
actions of their employees.
ANSWER: The law’s rationale is threefold:
a. The business that benefits from the ongoing business enterprise should also bear the associated
costs.
b. Plaintiffs have a better chance of actually being compensated through liability insurance.
c. An employer’s risk of exposure to potential liability functions as an incentive to employers to try
to prevent torts from being committed because employers have the ability to control who their
employees are and the training and authority given to employees, and may exercise a great deal of
authority over their employees and therefore should be liable for an employee’s conduct.

64. Identify the party on whom attention is focused when a tort has been committed. Are the circumstances the
same when a criminal offence has been committed? What is the primary purpose each form of law seeks to
achieve with regard to individuals and their wrongful acts?
ANSWER: Tort law focuses on the victim, and criminal law focuses on the wrongdoer.
The primary purpose of tort law is the compensation of the victim. The primary purpose of criminal
law is punishing the wrongdoer.

65. Distinguish between pecuniary and non-pecuniary losses. Which of these can lead to compensation under
the principles of tort law?
ANSWER: Pecuniary losses are monetary. They include out-of-pocket expenses, loss of future income, and the
cost of future care necessitated by the injury. Non-pecuniary losses are not monetary. They include
pain and suffering, loss of enjoyment of life, and loss of life expectancy. Both are compensable under
the principles of tort law. In the case of non-pecuniary losses, the court has to quantify the injury in
terms of money and awards damages in that amount.

66. Draco is a bouncer employed by Diggers Nightclub. Contrary to the employer’s instructions that rowdy
patrons were to be removed with as little force as possible, Draco lost his composure and seriously injured a
very intoxicated patron while removing him from the premises. Diggers is now being sued by the patron.
Explain why Diggers might be found vicariously liable for Draco’s conduct.
ANSWER:
Employers are liable for an employee’s wrongful conduct that is within the ordinary course or scope
of employment if it is:
- authorized by the employer; or
- an unauthorized mode of doing something that is, in fact, authorized by
the employer.

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Although Draco was not specifically authorized to use excessive force, the employer may still be
found liable where there is a significant connection between the conduct authorized by the employer
and the wrong committed by the employee. In this case, it could be argued that Diggers created or
enhanced the risk of the wrongful conduct by serving intoxicating substances and employing the
services of a bouncer to remove intoxicated patrons, and thus it is appropriate that the employer or
operator of the enterprise be held responsible, even though the wrongful act was contrary to its
instructions.

67. Explain what must be valued by a judge with respect to determining the amount of an award for loss of
future income. Identify the parties a judge is likely to rely on to arrive at a decision as to the amount of
compensation to be awarded.
ANSWER: With respect to a compensatory award for loss of future income, a judge is required to value the
plaintiff’s diminished earning capacity resulting from injury. The calculation is typically complex,
and the court relies on the input of vocational experts, labour economists, accountants, and actuaries
in order to determine the amount of compensation that ought to be awarded to the victim.

68. Describe conduct on the part of the plaintiff that might constitute “contributory negligence” in the case of a
car accident. How will a finding of contributory negligence impact the plaintiff’s case?
ANSWER:
Contributory negligence is a defence that applies when a plaintiff’s own carelessness contributed to
his or her injuries or losses. This defence is very common in car accidents, and examples of
contributory negligence might include failure to wear a seatbelt or speeding that caused the injuries
of the plaintiff to be more severe than they might have otherwise been. The court will assign a
percentage of fault to the plaintiff’s conduct and reduce the plaintiff’s damages award by a
corresponding amount.

69. Provide a brief description of the nature of the expenses a court will consider when awarding special
damages for an injury-causing event. Provide examples of the types of expenses that fall under this damage
category, and indicate what a court will require from an innocent party in order to determine the amount of the
award. Identify the legal principle that is applicable in some provincial jurisdictions and the types of costs that
must be repaid to these provincial health insurers.
ANSWER: Special damages relate to an innocent party’s out-of-pocket expenses resulting from an injury-
causing event. These expenses cover a number of items, including costs for an ambulance,
medication, housekeeping, and yard work. The innocent party must retain the receipts for any of
these expenses that have been incurred as a result of the injury in order to provide evidence for the
court as to the amount of the costs incurred.

In some provincial jurisdictions medical costs must be claimed as special damages, which are
ultimately repaid to the provincial health insurer under the insurance principle of subrogation.

70. Provide a brief explanation of the circumstances that would involve joint liability under the law of torts.
Include a brief discussion of how legislation assists an innocent victim to recover amounts awarded where there
is joint liability for the tort.
ANSWER: In circumstances where an individual is injured due to the tortious conduct of more than one party,
those culpable as known as joint tort-feasors. Joint tort-feasors share joint liability for the
consequences suffered by another as a result of the culpable parties’ wrongful acts.

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Uniform legislation in each of Canada’s provincial jurisdictions allows that a victim or plaintiff may
sue all or any of the culpable parties, with recovery for damages apportioned between the joint tort-
feasors according to their level of responsibility. A plaintiff is entitled to recover 100 percent of the
judgment from any defendants found by a court to be jointly responsible for the loss or injuries
sustained by an innocent party.

71. Provide a brief discussion of the tort relating to a consumer who purchased and was harmed by the
subsequent use of a defective product.
ANSWER: A consumer who purchases a defective product may have an action against the manufacturer for
negligence if the product was improperly designed and/or produced. This area of law is known more
specifically as product liability, but its foundations are in negligence.

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Another random document with
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 The Project Gutenberg eBook of Early
explorers of Plymouth Harbor, 1525-1619
This ebook is for the use of anyone anywhere in the United States
and most other parts of the world at no cost and with almost no
restrictions whatsoever. You may copy it, give it away or re-use it
under the terms of the Project Gutenberg License included with this
ebook or online at www.gutenberg.org. If you are not located in the
United States, you will have to check the laws of the country where
you are located before using this eBook.

Title: Early explorers of Plymouth Harbor, 1525-1619

Author: Henry F. Howe

Release date: November 16, 2023 [eBook #72138]

Language: English

Original publication: Plymouth, MA: Plimoth Plantation, Inc. and the

Pilgrim Society, 1953

Credits: Steve Mattern and the Online Distributed Proofreading Team

at https://www.pgdp.net

*** START OF THE PROJECT GUTENBERG EBOOK EARLY

EXPLORERS OF PLYMOUTH HARBOR, 1525-1619 ***
 Transcriber’s Note
Larger versions of the illustrations may be seen by right-
clicking them and selecting an option to view them separately,
or by double-tapping and/or stretching them. Full-size, higher-
resolution versions of the illustrations may be seen by clicking
(Larger) below them.
Additional notes will be found near the end of this ebook.
(Larger)
 Early
Explorers of
Plymouth Harbor
1525–1619

by
Henry F. Howe
Published jointly by
Plimoth Plantation, Inc.
and the Pilgrim Society
Plymouth, 1953
Copyright by Plimoth Plantation, Inc., and the Pilgrim Society, 1953

Henry F. Howe is author of Prologue to New

England, New York, 1943, and Salt Rivers of the
Massachusetts Shore, New York, 1951, both
published by Rinehart & Co., Inc. Much of the
material here presented is condensed from these
volumes.
The cover decoration, which is reproduced from
the London 1614 translation of Bartholomew
Pitiscus, Trigonometry: or the doctrine of
triangles, shows not only early seventeenth
century ships but seamen using a cross-staff and
casting a lead.

Printed in offset by The Meriden Gravure Company, Meriden,

Connecticut
Composition by The Anthoensen Press, Portland, Maine
Early Explorers of Plymouth Harbor,
1525–1619
VISITORS to Plymouth are often amazed to learn that the Mayflower
was not the first vessel to drop anchor in Plymouth Harbor. The
“stern and rock-bound coast” of Massachusetts was in fact explored
by more than twenty recorded expeditions before the arrival of the
Pilgrims. At least six of these sailed into Plymouth Harbor. Plymouth
appeared on five good maps of the Massachusetts coast by 1616,
one of them a detailed map of Plymouth Harbor itself, made by
Samuel de Champlain in 1605. The Harbor had been successively
called Whitson Bay, the Port du Cap St. Louis, and Cranes Bay by
English, French and Dutch explorers, but the name Plimouth,
bestowed on it by Captain John Smith in 1614, was the one the
Pilgrims perpetuated.
The Pilgrim voyage was the successful culmination of a century
of maritime efforts along the New England coast by Spanish
explorers, Portuguese fishermen, French and Dutch fur traders, and
Elizabethan English “sea dogs.” All the western ports of Europe
seethed with ambitious shipmasters in search of opportunities for
profit in commerce or fishing, free-booting, the slave trade, warfare
or piracy. Some, like Henry Hudson, visited New England primarily
as geographers looking for a Northwest Passage through North
America. A few were probing out possibilities for a colonial
beachhead in the New World. One of these, led by French Jesuits,
had, like the Pilgrims, a religious motive. Three or four others
attempted New England colonies, but failed. Only the Pilgrims
succeeded in hanging on, through the inevitable preliminary
disasters of the first year or two, to found a permanent colony.
Indians of Massachusetts probably first saw Europeans during
the four Vinland voyages of Leif Ericsson and his successors
between 1003 and 1015 a.d. There is good reason to suppose that
these voyages touched the shores of Cape Cod and the islands
about Martha’s Vineyard, but no direct evidence connects them with
Plymouth Harbor. Continuous contact with Europeans did not begin
until nearly five hundred years later when John Cabot’s second
Newfoundland voyage coasted North America southward to the
Carolinas in 1498. The Portuguese nobleman, Miguel Cortereal, a
castaway on a voyage of exploration, may have lived among the
Indians at the head of Narragansett Bay from 1502 until 1511.
Certainly these Indians, the ancestors of Massasoit, were visited in
1524 by Giovanni da Verrazano, whose French expedition spent two
weeks in Narragansett Bay in that year. Verrazano wrote that he was
met by about twenty dugout canoes filled with eager people, dressed
in embroidered deerskins and necklaces. The women wore
ornaments of copper on their heads and in their ears, and painted
their faces. These Indians were delighted to trade furs for bright bits
of colored glass. They lived in circular houses “ten or twelve paces in
circumference, made of logs split in halves, covered with roofs of
straw, nicely put on.” From the description, these people were no
doubt the Wampanoags, who a hundred years later were such
friendly allies to the Pilgrims at Plymouth, only thirty miles away.
Verrazano did not enter Massachusetts Bay. But in the spring of
1525 a Spaniard, Estevan Gomez, cruised for two months on the
New England coast. While he left no narrative of his voyage, “Tierra
de Estevan Gomez” appeared immediately on Spanish maps of the
period, notably that of Ribero, 1529. An indentation of the bay shore
behind his “Cabo de Arenas” sufficiently suggests Plymouth Harbor
and Cape Cod Bay to make one speculate whether this is not in fact
the first record of a visit to Plymouth, ninety-five years before the
landing of the Pilgrims. What has been interpreted as Boston Harbor
on this Ribero map bears the name “Bay of St. Christoval,” but the
indentation that suggests Plymouth remains nameless. It seems
likely that Estevan Gomez was the discoverer of Plymouth in 1525.
After these first Massachusetts discoveries, there follows a
period of seventy-five years of documentary obscurity so far as
Massachusetts is concerned. Maritime activities about
Newfoundland, the St. Lawrence River, and Nova Scotia steadily
grew. Cartier founded, and then had to abandon, his French colony
at Quebec. Jehan Allefonsce, one of his shipmasters, was blown
southward from the Newfoundland banks in 1542, into “a great bay
in latitude 42°,” but Massachusetts Bay is not mentioned during the
rest of the century. Both French and English built up an increasing
fur trade on the Maine coast, especially about the Penobscot and in
the Bay of Fundy. Fishermen from all the maritime nations of Europe
crowded in increasing numbers to the Newfoundland banks, carrying
back apparently inexhaustible supplies of codfish to feed Catholic
Europe in the season of Lent. By 1578 as many as 350 fishing
vessels were making the transatlantic voyage, usually twice each
year. Since fishermen and fur traders rarely left written records, we
can only assume that with the increased volume of shipping, some of
these vessels found their way to Massachusetts shores. But we have
no documentary evidence of their visits.
 (Larger)
TIERA DE AYLLON
TIERA DE ESTEVA GOMEZ
TIERA NOVA: DE CORTEREAI
Map of the North American Coast, a portion of the World Map made
by Diego Ribero in 1529, showing the results of the explorations of
Estevan Gomez in 1525
Reproduced from the Map Collection, Yale University Library

Inevitably the tremendous growth of all this free-lance

commercial shipping, in the fur trade and fisheries, must lead to
attempts to organize it either into colonial administrations under
government control, or business companies privately financed.
Everyone could see that permanent bases were needed in the New
World. International quarrels and actual piracy were already
appearing in the Newfoundland fisheries. Sir Humphrey Gilbert
determined to make Newfoundland an English colony. But in 1583
his well-organized expedition came to grief by shipwreck. His half
brother, Sir Walter Raleigh, renewed the attempt, this time at
Roanoke in the Carolinas, but was unable to maintain the colony’s
supply, once it was established. The project failed. But the idea was
right, and men in England like Raleigh and Richard Hakluyt, the
historian of English voyages, kept preaching the necessity of
overseas colonies. Similar ideas were growing in the western ports
of France.
The turn of the century marked the beginning of a concerted
campaign on the part of both France and England to establish
plantations in New England. The first move was made by a group of
free-lance English merchants who in 1602 sent out Bartholomew
Gosnold on a commercial voyage with thirty-two men in the bark
Concord. Its objective was twofold, to get sassafras (a medication
thought to be “of sovereigne vertue for the French poxe”) and to
establish an outpost somewhere in the area described by Verrazano
seventy-five years before. Sir Humphrey Gilbert’s son Bartholomew
was among the company. After brief landings on Cape Cod and
Martha’s Vineyard, the expedition built a hut on the islet in the pond
on Cuttyhunk Island in Buzzards Bay, there traded with the Indians,
cut a cargo of sassafras root and cedarwood, and after a minor
altercation with the natives pulled up stakes and sailed back to
England with two enthusiastic narratives of the country and its
commodities.
Less than nine months later, and obviously because of the
success of the Gosnold voyage, a new expedition of two vessels,
Speedwell and Discoverer, with forty-four men and boys, sailed to
Massachusetts from Bristol under command of Martin Pring, a
Devonshire skipper. This voyage was instigated by Richard Hakluyt,
together with some merchants of Bristol. Robert Salterne, pilot of the
Gosnold voyage, was assistant to Pring. Deliberately avoiding the
long sail around Cape Cod, Pring entered Massachusetts Bay,
coasted its North Shore looking for sassafras, and finding none,
sailed across to “a certaine Bay, which we called Whitson Bay.” It
had a “pleasant Hill thereunto adjoyning,” and a “Haven winding in
compasse like the Shell of a Snaile,” with twenty fathoms at the
entrance, and seven fathoms at the land-locked anchorage. Here
was a “sufficient quantitie of Sassafras.” This was Plymouth Harbor
in 1603.
Ashore, Pring’s men built a “small baricado” or watchtower and
kept it manned with sentinels while the crew worked in the woods.
They also took ashore with them two great mastiff dogs, of whom the
Indians were mortally afraid. Indians appeared in considerable
numbers, “at one time one hundred and twentie at once.” One of the
crew delighted the natives by playing a guitar and they sang and
“danced twentie in a ring” about him and gave him gifts of tobacco,
tobacco pipes, snakeskin girdles and “Fawnes skinnes.” They had
black and yellow bows, and prettily decorated quivers of rushes filled
with long feathered arrows. They used birch-bark canoes “where of
we brought one to Bristoll.” Their gardens were planted with tobacco,
pumpkins, cucumbers and corn. The men wore breech clouts, and
feathers in their knotted hair; the women “Aprons of Leather skins
before them down to the knees, and a Bears skinne like an Irish
Mantle over one shoulder.”
 (Larger)
Martin Pring’s men ashore with a mastiff, Plymouth Harbor, 1603
Reproduced from J. P. Abelin, De Wytheroemde Voyagien der Engelsen (Leiden,
1727) in the Boston Athenæum

For the story of the latter days of their seven weeks’ stay at
Plymouth, we can scarcely do better than read Pring’s narrative in
the original: “By the end of July we had laded our small Barke called
the Discoverer with as much Sassafras as we thought sufficient, and
sent her home into England before, to give some speedie
contentment to the Adventurers; who arrived safely in Kingrode
about a fortnight before us. After their departure we so bestirred
ourselves, that our shippe also had gotten in her lading, during which
time there fell out this accident. On a day about noone tide while our
men which used to cut down Sassafras in the woods were asleep, as
they used to do for two houres in the heat of the day, there came
down about seven score Savages armed with their Bowes and
Arrowes, and environed our House or Barricado, wherein were foure
of our men alone with their Muskets to keepe Centinell, whom they
sought to have come down unto them, which they utterly refused,
and stood upon their guard. Our Master like-wise being very careful
and circumspect, having not past two with him in the shippe, put the
same in the best defence he could, lest they should have invaded
the same, and caused a piece of great Ordnance to bee shot off to
give terrour to the Indians, and warning to our men which were fast
asleepe in the woods: at the noyse of which peece they ... betooke
them to their weapons, and with their Mastives, great Foole with an
halfe Pike in his mouth, drew down to their ship; whom when the
Indians beheld afarre off with the Mastive which they most feared, in
dissembling manner they turned all to a jest and sport and departed
away in friendly manner, yet not long after, even the day before our
departure, they set fire on the woods where wee wrought, which wee
did behold to burne for a mile space, and the very same day that
wee weighed Anchor, they came down to the shore in greater
number, to wit, very neere two hundred by our estimation, and some
of them came in theire Boates to our ship, and would have had us
come in againe, but we sent them back, and would none of their
entertainment.” One would love to know more than is provided in
Martin Pring’s brief narrative in order to estimate fairly whether the
English had given provocation to the Indians for this threatened
attack at Plymouth. The only hint of provocation is the taking of a
canoe back to England.
Had Plymouth been populated by two hundred Indians in 1620 it
seems unlikely that the Pilgrims could have survived. The English
adventurers transferred their explorations to the coast of Maine,
where in 1605 George Waymouth, and in 1606 Martin Pring, made
investigations preparatory to the major colonization attempt of the
English Plymouth Company at Sagadahoc, the mouth of the
Kennebec River. This colony failed after a year through a breakdown
in leadership. For our purposes it is significant that the English sent
no further explorations into Massachusetts waters for eight years
after the voyages of Gosnold and Martin Pring. It looks as though the
enmity of the Massachusetts Indians dissuaded English merchants
from further plans to set up a colony in that region.
Plymouth’s next visitor was that great French explorer and
empire builder, the founder of Canada, Samuel de Champlain. A
group of French merchants organized by the governor of Dieppe,
that old French port which had been sending fishermen to America
for more than a century, succeeded in 1603 in getting from Henri IV
a commission to found a colony. After spending the summer of 1603
exploring the St. Lawrence, the leaders decided that a more
southern climate was desirable. Accordingly in 1604, De Monts and
Pont-Grave, with Samuel de Champlain as geographer and
chronicler of the expedition, explored the Bay of Fundy and founded
a colony on Dochet Island in Passamaquoddy Bay. Half the colonists
died during the first winter, and the colony was moved across the
Bay to a better site at what is now Annapolis, Nova Scotia. Meantime
Champlain spent the summers of 1605 and 1606 exploring the New
England coast, familiarizing himself with all the shores as far south
as Woods Hole in Massachusetts. He wrote a splendid account of
these expeditions, which is still good reading; and for the first time
produced a good map of the Massachusetts coast, with detail maps
of Gloucester, Plymouth, Eastham and Chatham harbors.
 (Larger)
Champlain’s Map of Plymouth Harbor, 1605
Legends on Champlain’s Map of Port St. Louis with comments

A. SHOWS THE PLACE WHERE VESSELS ANCHOR

The figures show the fathoms of water. The depths are now much less than
those indicated on the map, and the difference may represent an actual
change.
B. THE CHANNEL
C. TWO ISLANDS
Clarks Island, a low swell of upland occupied by farms, and Saquish Head,
likewise low upland occupied by a few buildings and some bushes.
D. SAND DUNES
The long line of dune beaches, collectively called Duxbury Beach,
connecting Brant and Gurnet points.
E. SHOALS
A prominent feature of this part of Plymouth Harbor and of Duxbury Bay. As
Champlain states, they are largely bare at low tide.
F. WIGWAMS WHERE THE INDIANS CULTIVATE THE LAND
A number are situated on the slope where now stands the historic city of
Plymouth founded by the Pilgrim Fathers fifteen years after this visit of
Champlain.
G. THE SPOT WHERE WE RAN OUR PINNACE AGROUND
Browns Bank, still an impediment to the navigation of the harbor. Apparently
it was while their pinnace was aground that Champlain landed on the north
end of Long Beach, where he sketched this map.
H. A KIND OF ISLAND COVERED WITH TREES, AND
CONNECTED WITH THE SAND DUNES
The Gurnet, a low-swelling upland island, ending in a low bluff; it is largely
bare of trees and occupied by a group of buildings belonging to the light
station. It was thickly wooded when the Pilgrim Fathers settled here in 1620.
Slafter’s contention that this was Saquish Head he later abandoned.
I. A FAIRLY HIGH PROMONTORY, WHICH IS VISIBLE FROM
FOUR TO FIVE LEAGUES OUT TO SEA
Manomet Hill, 360 feet in height, a plateau ridge cut to an abrupt bluff where
it reaches the sea, thus forming a conspicuous landmark.