MASSACHUSETTS

TWO TYPES OF CHARTER

PROPRIETARY

COMMERCIAL

 

MASS CONT’D

PROPRIETARY

FEUDAL IN NATURE

CONFERRED TRACT OF LAND

GOVERNING RIGHTS

PROPRIETER

GROUP OF PROPRIETORS

 

MASS. CONT’D

COMMERCIAL

GRANTEES EXTENSIVE/EXCLUSIVE PRIVILEGE

COMMERICIAL

POLITICAL

MILITARY

DEVELOP TRADE

ESTABLISH SETTLEMENTS

 

MASS. CONT’D

PILGRIMS vs PURITANS

MASS. CONT’D

PLYMOUTH

MASS. BAY CO.

PLYMOUTH

“PILGRIMS”

PROTESTANT SEPERATISTS

DISASSOCIATE FROM C of E

WORSHIP SIMPLY W/OUT INTERFERENCE

 

MASS. CONT’D

“PILGRIMS”

SCROOBY, NOTTINGHAMSHIRE

1608-AMSTERDAM

LEYDEN

AMERICA

 

MASS. CONT’D

PURITANS

NON-SEPARATIONIST CONGREGATIONALSTS

CHANGE POLITY OF C of E TO CONGREGATIONAL

PURIFY W/OUT SEPARATING

ESTABLISH PURE CHURCH IN AMERICA

REFORM CHURCH IN ENGLAND

 

MASS. CONT’D

MBC

JOINT-STOCK COMPANY

INCORPORATED IN LONDON

TRANSFORMATION

MASSACHUSETTS BAY COLONY

MASSACHUSETTS BAY COMMOMWEALTH

FULL-FLEDGED, QUASI-INDEPENDENT, SELF GOVERNING, RELIGIOUS COMMUNITY

 

MASS. CONT’D

NEW ENGLAND COMPANY

DORCHESTER COMPANY

MASSACHUSSETS BAY COMPANY (AFTER 28 JULY 1629)

CHARTERED 4 MARCH 1629

 

MASS. CONT’D

MBC MOTIVATION

RELIGIOUS

SOCIAL/POLITICAL

ECONOMIC

RELIGIOUS

A FULLFILMENT OF RELIGIOUS PROPHESY

SHINING “CITTY UPON A HILL”

COULD NOT BE FULLFILLED IN OLD WORLD

 

MASS CONT’D

SOCIAL/POLITICAL

COOPERATION AND HARD WORK

ACCEPTANCE OF PLACE SOCIAL IN SOCIAL & RELIGIOUS ORDER

SUBORDINATION TO GOOD OF COMMUNITY

COVENANTS

MAN AND GOD

RULERS AND RULED

 

MASS. CONT’D

ECONOMIC

PROFITS OF MBC

52 1/2 % TO THOSE ADVENTURERS (INVESTORS) WHO EMIGRATED

47 1/2 % TO THOSE WHO REMAINED IN ENGLAND

GOD’S WISDOM ON THE CONDITION OF MANKIND

SOME WERE RICH/SOMEPOOR

SOME HIGH IN POWER/OTHERS SUBORDINATE

 

MASS. CONT’D

ECONOMIC

GOD MANIFESTS HIS SPIRIT THAT MEN HAVE NEED OF OTHERS

STOCKHOLDERS IN MBC= “FREEMEN”

RULING CLASS “OLIGARCHY”

ONLY FREEHOLDERS COULD BE ELECTED TO GENERAL COURT

MASS. CONT’D

JOHN WINTHROP

GOVERNOR MBC

AUTHOR OF CHARTER 1629

LAWYER

LAY MINISTER

ENTREPRENUER

 

MASS. CONT’D

WINTHROP

HE “CREATED” THE MBC HISTORY RECORDS

“ARRANGED” TO BE FIRST GOV.

SAW TO IT THAT MBC WAS ADVANTAGEOUS TO HIM AND INVESTORS

STARTED TO CHANGE CHARTER FROM THE FIRST

CHARTER ARGUABLY PURPOSELY VAGUE ABOUT CONTROL

MASS. CONT’D

SENIOR SHAREHOLDERS DIVIDE INTO SEPARATE COMMUNITIES

WATERTOWN

ROXBURY

CAMBRIDGE

DORCHESTER

SALEM

WITH MAGISTRATES (SR. SHAREHOLDERS) MBC BECOMES COMMONWEALTH

 

MASS. CONT’D

FIRST SEAT OF GOV’T CHARLESTOWN

23 AUGUST 1629 FIRST COURT OF MAGISTRATES HELD

JUSTICES OF PEACE APPOINTED

SEPT SECOND COURT

PENALTIES IMPOSED

CONSTABLES APPOINTED

ASSESSMENTS LEVIED

 

MASS. CONT’D

FALL SEAT MOVED TO BOSTON

POPULATION GREW

CHARTER GROWING INADEQUATE

INCREASED PURITAN INFLUENCE (WINTHROP)

ORIGINAL TRADING COMPANY CEASED TO EXIST

WINTHROP’S GOV’T HIGHLY CENTRALIZED

CHARTER CALLED FOR 4 GENERAL COURTS HELD 1/4LY

 

MASS. CONT’D

ORIGINAL CHARTER ALSO PROVIDED MEASURE OF POPULAR CONTROL

EACH COURT ATTENDED BY FREEMEN

CONSTITUTE GENERALITY

ADMIT MORE FREEMEN

EACH FREEMAN TOOK OATH

 

MASS. CONT’D

OATH

1629 FREEMAN SWORE TO BE GOOD AND TRUE “FAITHFUL AND LOYAL TO OUR SOVERIEGN LORD THE KING’S MAJESTIE AND TO HIS HEIRS AND SUCCESSORS.”

MASS. CONT’D

I -AB- being (by Gods providence) an Inhabitant, and Freeman, within the jurisdiction of this Common-weath, doe freely acknowledge my selfe to bee subject to the government thereof; and therefore doe heere sweare, by the great & dreadful name of the Everliving-God, that I will be true & faithfull to the same, & will accordingly yield assistance & support therunto, with my person & estate, as in equity I am bound: and will also truely indeavour to maintaine and preserve all the libertyes & privilidges therf, submitting my selfe to the wholesome lawes, & ordres made & stablished by the same; and further, that I will not plot, nor practice any evill against it, nor consent to any that shall soe do, butt will timely discover, & reveall the to the publick weale of the body, without respect of personnes, or favour of any man, Soe help mee God in the Lord Jesus Christ.

 

MASS. CONT’D

NO MENTION OF KING

TWO PREREQUISITES TO BEING FREEMAN

PROPERTY

MEMBERSHIP IN CHURCH

INDICATIONS OF BEING OF THE “ELECT”

THIS CONFORMED TO LEADERSHIP’S (WINTHROP’S) IDEAL

FEAR OF INTERFERENCE FROM CORPORATE BODY IN ENGLAND

RELIGIOUS

ECONOMIC

RELIGIOUS INTERFEREMENT=DEFILEMENT OF PURITAN IDEALS

 

MASS. CONT’D

FREEMEN

MINORITY IN EVERY TOWN

ALONE HAD FRANCHISE

THUS REPRESENTED ONLY THEMSELVES

 

MASS. CONT’D

CHARTERS AND CHANGES

1630-1643 25,000 NEW SETTLERS

CREATED VAST CHALLENGE

NEW SETTLERS NEEDED NEW LANDS/TOWNS

JOINT-STOCK CHARTER THE ONLY MODEL

EXPANSION TASKS

GOV’T PERMISSION

SITE CHOSEN/APPROVED

LAND PURCHASED

LAND SURVEYED/ACCEPTED

LOTS LAID OUT/ALLOCATED

ROADS

BRIDGES

 

MASS CONT’D.

NEEDED

ORGANIZATION

MONEY

“GOERS”

NEW SETTLERS

“STAYERS”

FINANCIAL BACKERS

USUALLY IN SHORT SUPPLY

USED OVER AND OVER

PROSPERITY-REAL ESTATE DEVELOPER

MEMBERS OF GENERAL COURT THAT GRANTED STTLEMENT RIGHTS

CORRUPTION?

 

MASS. CONT’D

HOW THE POLITY STOOD IN 1630

WE MUST REMEMBER:

VOTING WAS NOT AN INHERENT RIGHT

NOT INCLUDED AMONG LIBERTIES OF CHARTER

NOT AN AUTOMATIC RIGHT OF THE KING’S FREE AND NATURAL SUBJECTS

FREEMEN CHOSE THE GOVERNOR’S ASSISTANTS

ASSISTANTS CHOSE FROM AMONG THEMSELVES GOV AND DEPUTY GOV.

GOV., DEPTUY GOV., ASSTS MAKE LAWS-APPOINT OFFICERS TO EXECUTE THEM

 

MASS. CONT’D

ARRANGEMENT WAS IRREGULAR

IT TOOK RIGHT OF ELECTING GOV. AND DEPUTY GOV. OUT OF HANDS OF GENERALITY:ANTI-CHARTER

PLACED RIGHT OF MAKING AND EXECUTING LAWS W/IN SAME BODY:ANTI-CHARTER

ARRANGEMENT IN ACCORD W/ WINTHORP’S IDEAL

POWER WIELDED BY THOSE WHOSE DUTY IT WAS TO RULE # KEPT SMALL

DREAD OF “PLEBIAN TYRANNY”

CONVINCED GENERALITY NOT CAPABLE OF SOUND ELECTORAL DECISIONS

BAD FOR BUSINESS

 

MASS. CONT’D

1632 WINDS OF CHANGE

COURT OF ASSISTANTS (BOSTON) DECIDED CAMBRIDGE NEEDED NEW PALISADE

LEVIED TAX OF 60L TO BE SHARED BY 11 LOCAL PLANTATIONS

WATERTOWN’S SHARE=80S

WATERTOWN (LED BY PASTOR) PROTESTED

ARGUED THAT CHARTER DID NOT GIVE THE RIGHT TO TAX TO GOV. OR ASSISTANTS

WINTHROP: COLONY NO LONGER A CORPORATION BUT A COMMONWEALTH

THIS MADE THE ASSISTANTS A SORT OF PARLIAMENT

WHICH WAS ELECTED BY FREEMEN

THEREFORE SHOULD HAVE POWER TO TAX

 

MASS. CONT’D

REPRECUSSIONS

CHARTER PROVISIONS CONSIDERED UNSUITABLE FOR A CHRISTIAN (PURITAN) COMMONWEALTH WERE DISCARDED

CHARTER CEASED TO BE A CHARTER METAMORPHOSED INTO BASIS FOR CIVIL GOV’T.

COLONISTS STILL ENGLISHMEN HELD IN HIGH REGARD PARLIAMENTARY PRIVILEGES-PROTESTED OVER ASSUMED RIGHT TO TAX

ONLY A PROPER PARLIAMENT COULD TAX-1629

 

MASS. CONT’D

MAY, 1634

MEETING OF THE  GENERAL COURT

NONE BUT GENERAL COURT HAS POWER TO TAX

CERTAIN LIBERTIES RESTORED TO MUNICIPALITIES ENCROACHED ON BY ASSISTANTS

FREEMEN TO CHOOSE CERTAIN OF THEIR NUMBER AS DEPUTIES

REPRESENTATIVES

THREE OF FOUR GENERAL COURTS

COLONY NOW A SELF-GOVERNING COMMONWEALTH

BASED ON SMALL REPRESENTATION