Massachusetts -- Church history; Massachusetts -- History -- Colonial period, ca. 1600-1775; Puritans -- Massachusetts
“When the first day of that Michaelmas Tearme came, and your lettres
of attorney neither were, nor indeed could be return’d ... I applyd
by councill to the Court of Chancery to enlarge that time urgeing the
impossibility of hauing a returne from you in the time allotted.... But
it is true my lord keeper cutt the ground from under us which wee stood
upon, by telling us the order of the 18th of June was a surprize upon
his lordship and that he ought not to haue granted it, for that every
corporacon ought to haue an attorney in every court to appeare to his
majesties suite, and that London had such.... However certainely you
ought when my lettres were come to you, nunc pro tune, to haue past the
lettres of attorney I sent you under your comon seale and sent them me,
and not to haue stopt them upon any private surmises from other hands
then his you had entrusted in that matter; and the rather for that
the judgments of law, espetially those taken by defaults for
non appearances, are not like the laws of the Medes and Persians
irrevocable, but are often on just grounds sett aside by the court here,
and the defendants admitted to plead as if noe such judgments had been
entred vp, and the very order it selfe of the 18th of June guies you a
home instance of it.
“And indeed I did therefore forbeare giueing you an account of a further
time being denyd, and the entry of judgment against you, expecting you
would before such lettre could haue reacht you haue sent me the lettres
of attorney vnder your corporacon seale that the court might haue been
moved to admitt your appearance and plea and waiued the judgment.
“But instead of those lettres of attorney under your seale you sent me
an address to his late majesty, I confess judiciously drawne. But it
is my wonder in which of your capacityes you could imagine it should be
presented to his majesty, for if as a corporacon, a body politique,
it should have been putt under your corporacon seale if as a private
comunity it should haue been signed by your order. But the paper has
neither private hand nor publique seale to it and soe must be lost....
“In this condicon what could a man doe for you, nothing publiquely for
he had noe warrant from you to justify the accon.” [Footnote: _Mass.
Archives_, cvi. 343.]
Public-domain text, read in full here on John Shaqi.
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