Massachusetts -- Church history; Massachusetts -- History -- Colonial period, ca. 1600-1775; Puritans -- Massachusetts
Here, as in the Merchant Guild, the inevitable aristocratic revolution
took place, and the old democratic brotherhood became a strict monopoly.
The oppression was so flagrant that a petition was presented to
Parliament in 1497 against the exactions of the Merchant Adventurers, as
the association was then called, by which it appeared that interlopers,
trading to Holland and Flanders, were fined £40, whereas any subject
might have become a freeman in earlier times for an old noble, or about
6s. 8d.; [Footnote: 12 Henry VII. ch. vi.] and the scandal was so great
that the fine was fixed at 10 marks, or £6 l3s. 4d., by statute.
During the stagnation of the Middle Ages few traces of such commercial
enterprises are to be found, but with the sixteenth century Europe
awoke to a new life and thrilled with a new energy. Trade shared in
the impulse. In 1554 Philip and Mary incorporated the Russia Company in
regular modern form; in 1581 the Turkey Company was organized; in 1600
the East India Company received its charter; and, to come directly to
what is material, in 1629 Charles I. signed the patent of the Governor
and Company of Massachusetts Bay in New England.
Stripped of its verbiage, the provisions are simple. The stockholders,
or “freemen,” as they were then called, were to meet once a quarter in a
“General Court.” This General Court, or stockholders’ meeting, chose the
officers, of which there were twenty, the governor, deputy governor, and
eighteen assistants or directors, on the last Wednesday in each Easter
Term. The assistants were intrusted with the business management,
and were to meet once a month or oftener; while the General Court was
empowered to admit freemen, and “to make laws and ordinances for
the good and welfare of the said company, and for the government and
ordering of the said lands and plantation, and the people inhabiting
and to inhabit the same, as to them from time to time shall be thought
meet,--so as such laws and ordinances be not contrary or repugnant
to the laws and statutes of this our realm of England.” The criminal
jurisdiction was limited to the “imposition of lawful fines, mulcts,
imprisonment, or other lawful correction, according to the course of
other corporations in this our realm of England.”
The “course of corporations” referred to was well established. The
Master and Wardens of the Guild of Drapers in London, for example,
could make “such ... pains, punishments, and penalties, by corporal
punishment, or fines and amercements,” ... “as shall seem ...
necessary,” provided their statutes were reasonable and not contrary
to the laws of the kingdom. [Footnote: Herbert’s _Livery Companies_, i.
489.] In like manner, boroughs such as Tiverton might “impose and
assess punishments by imprisonments, etc., and reasonable fines upon
offenders.” [Footnote: See _History of Tiverton_, App. 5.]
Public-domain text, read in full here on John Shaqi.
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