Massachusetts -- Church history; Massachusetts -- History -- Colonial period, ca. 1600-1775; Puritans -- Massachusetts
But all lawyers knew that such grants did not convey full civil or
criminal jurisdiction, which, when thought needful, was specially
conferred, as was done in the case of the East India Company upon their
petition in 1624, [Footnote: Bruce, _Annals_, i. 252.] and in that of
Massachusetts by the charter of William and Mary.
Such was the undoubted theory, and evidently there must always have
been some practical means of checking the abuse of power by these strong
organizations. In semi-barbarous ages the sovereign took matters into
his own hands by seizing the franchise, and even the Plantagenets
repeatedly suspended or revoked the liberties of London,--often, no
doubt, for cause, but sometimes also to make money by a resale; and a
succession of these arbitrary forfeitures demonstrated that charters to
be of value must be beyond the grantor’s control. Resort was had to the
courts, as a matter of course, and finally it was settled that relief
should be given by a writ of _quo warranto_, upon which the question of
the violation of privileges could be tried; and curious records still
remain of ancient litigations of this nature.
In 1321 complaint was made against the London Weavers for injuring
the public by passing regulations tending to raise the price of cloth.
[Footnote: _Liber Customarum_, i. 416-424.] It was alleged that the
guild, with this intent, had limited the working hours in the day, the
working days in the year, and the number of apprentices the freemen
might employ; and the prayer was that for these abuses the charter
should be annulled.
The cause was tried before a jury, who found the truth of some of the
charges; but the judgment is lost, as the roll is imperfect.
There was danger, moreover, to the citizen from the oppression of these
powerful bodies, as well as to the public from their usurpations; and
were authority wholly wanting, argument would be almost unnecessary to
prove that some appellate tribunal must always have had jurisdiction
to pass upon the validity of corporate legislation; for otherwise any
summary punishment might have been inflicted upon an individual, though
notoriously unlawful, and the only redress possible would have been
subsequent proceedings to vacate the charter.
Through appeals, corporations could be controlled; and by none was
this control so stubbornly disputed, or its necessity so clearly
demonstrated, as by the Governor and Company of Massachusetts Bay in
New England. A good illustration is the trial of the Quaker, Wenlock
Christison, for his life in 1661.
Public-domain text, read in full here on John Shaqi.
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