A single sentence of Governor John Winthrop's has been taken
often as sufficient proof that the grantees so intended. Indeed
(except for the groundless assumptions of 1 and 2 above, and for
the equally worthless consideration discussed in 4 below) there
is _no other evidence_.[34] Winthrop states that, in drawing up
the charter, there was at first a clause which would have fixed
the Company in England, "and, with much difficulty, _we_ got it
abscinded." Winthrop is high authority. But this sentence was
written =fifteen years after the event=, and it is interjected
hastily, _as a parenthesis_, in a bitter controversy (_Life and
Letters_, II, p. 443). It could have been only "hearsay" at the
best; since Winthrop did not belong to the Company until some
months after the charter was secured (though he seems to have
forgotten that for the moment when he says "we"). Such evidence
would prove little in a law court, even if there were no evidence
on the other side.
But there is evidence on the other side,--abundant, conclusive,
unimpeachable.
(1) The abstract of the charter (docket) presented to the king by
his legal advisors shows with absolute certainty that they and
the grantor expected the charter powers to be exercised "here in
England" (No. 54 below).
(2) The official records of the Company, _made at the time_,
declare explicitly that Governor Cradock's proposal to transfer
the charter to America (five months after it was granted) was
"conceived by himself." Further, _the general tenor_ of those
records for those five intervening months agree wholly with the
idea that the Company then had no thought of leaving England (see
some extracts, No. 57 below), and they contain, in their fifty odd
pages, no single suggestion of the other sort. Most conclusive of
all, the _Records_ show that even after the surprised Company had
come to look with approval upon Cradock's proposal, they could
not easily adjust their plans and financial interests to the new
movement. (Advanced students will find the proof in the _Records_.
It is impossible to represent them here in the necessary complete
detail to show this. It may be added, however, that Cradock's
proposal of July 28 was first debated, then deferred a month for
_secret_ consideration; then debated, in two meetings, by assigned
sets of debaters for the two sides of the argument; then legal
advice was sought, with what result, we don't know; and afterwards
many plans were discussed as to how the transfer _could_ be
made without "prejudicing" the interests of the majority of the
Company[35]. See Nos. 57, 58, for some of the evidence.)
Public-domain text, read in full here on John Shaqi.
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