The Emancipation of Massachusetts by Brooks Adams
page 144 of 432 (33%)
page 144 of 432 (33%)
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rights of English subjects, and to throw some semblance at least of the
sanction of law over the organization of their new state. Accordingly, a patent [Footnote: March 4, 1629.] was obtained from the crown, by which twenty-five persons were incorporated under the name of the Governor and Company of Massachusetts Bay in New England; and as the extent of the powers therein granted has given rise to a controversy which is not yet closed, it is necessary to understand the nature of that instrument in order to comprehend the bearings of the bitter strife which darkens the history of the first fifty years of the colony. The germ of the written charter is so ancient as to be lost in obscurity. During the Middle Ages, oppression was, speaking generally, the accepted condition of society, no man not noble having the right in theory, or the power in practice, to control his own actions without interference from his feudal superior. Under such circumstances the only hope for the weak was to combine, and most of the early triumphs of freedom were won by combinations of commons against some noble, or of nobles against a king. Organization is difficult for a peasantry, but easy for burghers, and from the outset these seem to have united for their common defense against the neighboring barons; and thus was born the mediaeval guild. The ancient townsmen were not usually strong enough to fight for their liberties, so they generally resorted to purchase; they agreed with their lord upon a price to be paid for a privilege, and were given for their money a grant, which, because it was written, was called a charter. The following charter of the Merchants' Guild of Leicester is very early and very simple. It presupposes that there could be no doubt about the local customs, which are therefore not enumerated, and it shows that the guild of Leicester existed as a corporation at the Conquest, and must |
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