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each Merchant Adventurer appended, would constitute, if it could be found, one of the most interesting and valuable of historical documents.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