New England -- History -- Colonial period, ca. 1600-1775
There was one clause in the agreement, of incalculable importance.
“Provided always,” so it read, “that before the last of September next,
the whole Government, together with the patent for the said plantation,
be first, by an order of court, legally transferred and established to
remain with us and others which shall inhabit upon the said
Plantation.”[323] Possibly as a result of consultation with the
Cambridge signers, Governor Cradock, at a meeting of the court of the
Company a month earlier, had read certain propositions, “conceived by
himself,” which anticipated this condition. They seem to have struck
those present as serious and novel, and of such importance in their
possible consequences as to call for deferred consideration in great
secrecy. The matter was brought up at a number of successive meetings,
and it was only after much debate, objections on the part of many, and
the taking of legal advice, that the court finally voted that the
charter and government might be removed to America.[324] By such
transfer, and the use made of the charter in New England, what was
intended to be a mere trading company, similar to those which had
preceded it, became transformed into a self-governing commonwealth,
whose rulers treated the charter as if it were the constitution of an
independent state. Such an interpretation could not legally be carried
beyond a certain point, and the attempt was bound to break down under
the strain.
Footnote 323:
_Ibid._, p. 345.
Footnote 324:
_Massachusetts Records_, vol. I, pp. 49-52, 55.
The step, in its far-reaching consequences, was one of the most
important events in the development of the British colonies, but its
story remains a mystery. It was a completely new departure, but may have
been suggested to the leaders by the act of the Pilgrims in buying out
their English partners and thus in effect, though without any legal
authority, constituting themselves a self-governing community. There has
been much discussion as to whether the absence in the original charter
of any words indicating that the corporation was to remain in England
was due to accident or design. It is impossible to prove the point
either way, for Winthrop's statement, of somewhat uncertain application
and written many years later, does not seem conclusive against the other
facts and probabilities.[325] The proceedings at the meetings of the
court show clearly, at least, that many of the most active patentees had
had no inkling of any such conscious alteration of the document at the
time of issue, nor does it seem likely that Charles I would have
knowingly consented. If the charter were intentionally so worded as to
create “the Adventurers a Corporation upon the Place,”[326] for the
purpose the wording was later made to serve, then such of the leaders as
arranged the matter consciously hoodwinked both the government and many
of their own associates.
Footnote 325:
Public-domain text, read in full here on John Shaqi.
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