It Appears Altogether Probable That,
In Reply To This Inquiry, Thomas Goffe, Esq., A Fellow Adventurer And
Shipping-Merchant Of London, Offered The MAY-FLOWER, Which, There Is
Ample Reason To Believe, Then And For Ten Years Thereafter, Belonged To
Him.
It is quite likely that Clarke, the newly engaged "pilot," learning that
his employers required a competent commander for
Their ship, brought to
their notice the master of the ship (the FALCON) in which he had made his
recent voyage to Virginia, Captain Jones, who, having powerful friends at
his back in both Virginia Companies (as later appears), and large
experience, was able to approve himself to the Adventurers. It is also
probable that Thomas Weston engaged him himself, on the recommendation of
the Earl of Warwick, at the instance of Sir Ferdinando Gorges.
As several weeks would be required to fit the ship for her long voyage on
such service, and as she sailed from London July 15, her charter-party
must certainly have been signed by June 20, 1620. The SPEEDWELL, as
appears from various sources (Bradford, Winslow et al.), sailed from
Delfshaven, Saturday, July 22. She is said to have been four days on the
passage to Southampton, reaching there Wednesday, July 26. Cushman, in
his letter of Thursday, August 17, from Dartmouth to Edward Southworth,
says, "We lay at Southampton seven days waiting for her" (the SPEEDWELL),
from which it is evident, both that Cushman came on the MAY-FLOWER from
London, and that the MAY-FLOWER must have left London at least ten days
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,
or provided by the law of the realm. In such case, the charter-party of
the MAY-FLOWER, with the autograph of each Merchant Adventurer appended,
would constitute, if it could be found, one of the most interesting and
valuable of historical documents. That it was not signed by any of the
Leyden congregation - in any representative capacity - is well-nigh
certain. Their contracts were with the Adventurers alone, and hence they
were not directly concerned in the contracts of the latter, their
"agents" being but co-workers with the Adventurers (under their
partnership agreements), in finding shipping, collecting moneys,
purchasing supplies, and in generally promoting the enterprise. That
they were not signing-parties to this contract, in particular, is made
very certain by the suggestion of Cushman's letter of Sunday, June 11,
to the effect that he hoped that "our friends there [at Leyden] if they
be quitted of the ship-hire [as then seemed certain, as the Adventurers
would hire on general account] will be induced to venture [invest] the
more." There had evidently been a grave fear on the part of the Leyden
people that if they were ever to get away, they would have to hire the
necessary ship themselves.
There is just the shadow of a doubt thrown upon the accuracy of Smith's
statement as to the non-corporate status of the Adventurers, by the loose
and unwieldy features which must thereby attach to their business
transactions, to which it seems probable that merchants like Weston,
Andrews, Beauchamp, Shirley, Pickering, Goffe, and others would object,
unless the law at that time expressly limited and defined the rights and
liabilities of members in such voluntary associations. Neither evidences
of (primary) incorporation, or of such legal limitation, have, however,
rewarded diligent search. There was evidently some more definite and
corporate form of ownership in the properties and values of the
Adventurers, arrived at later. A considerable reduction in the number of
proprietors was effected before 1624 - in most cases by the purchase of
the interests of certain ones by their associates - for we find their
holdings spoken of in that year as "sixteenths," and these shares to have
sometimes been attached for their owners' debts. A letter of Shirley,
Brewer et als., to Bradford, Allerton et als., dated London, April 7,
1624, says: "If it had not been apparently sold, Mr. Beauchamp, who is of
the company also, unto whom he [Weston] oweth a great deal more, had long
ago attached it (as he did other's 16ths)," etc.
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