The Mayflower and Her Log; July 15, 1620-May 6, 1621 — Volume 2 by Azel Ames
page 10 of 54 (18%)
page 10 of 54 (18%)
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before the 26th of July, the date of the SPEEDWELL'S arrival. As given
traditionally, it was on the 15th, or eleven days before the SPEEDWELL'S arrival at Southampton. By whom the charter-party of the MAY-FLOWER was signed will probably remain matter of conjecture, though we are not without intimations of some value regarding it. Captain John Smith tells us that the Merchant Adventurers (presumably one of the contracting parties) "were about seventy, . . . not a Corporation, but knit together by a voluntary combination in a Society without constraint or penalty. They have a President and Treasurer every year newly chosen by the most voices, who ordereth the affairs of their Courts and meetings; and with the assent of most of them, undertaketh all the ordinary business, but in more weighty affairs, the assent of the whole Company is required." It would seem from the foregoing--which, from so intelligent a source at a date so contemporaneous, ought to be reliable--that, not being an incorporated body, it would be essential that all the Adventurers (which Smith expressly states was their rule) should "assent" by their signatures, which alone could bind them to so important a business document as this charter-party. It was certainly one of their "more weighty affairs," and it may well be doubted, also, if the owner of the vessel (even though one of their number) would accept less than the signatures of all, when there was no legal status by incorporation or co-partnership to hold them collectively. If the facts were indeed as stated by Smith,--whose knowledge of what he affirmed there is no reason to doubt,--there can be little question that the contract for the service of the MAY-FLOWER was signed by the entire number of the Adventurers on the one part. If so, its covenants would be equally binding upon each of them except as otherwise therein stipulated, |
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