XIII. DEVELOPMENT OF DEMOCRACY, 1630-1644 63. The Oligarchic Usurpation _Records of the Governor and Company of Massachusetts Bay_, I (under dates given). Cf. Introduction to No. 57. (1) [_The First Court of Assistants, Charlestown, August, 23/September 2, 1630._] ... It was ordered that the Governor and Deputy Governor, for the tyme being, shall alwaies be justices of the peace, and that Sir Rich: Saltonstall, Mr. Johnson, Mr. Endicott, and Mr. Ludlowe shalbe justices of the peace for the present tyme, in all things to have like power that justices of the peace hath in England for reformacion of abuses and punishing of offenders; and that any justice of the peace may imprison an offender, but not inflict any corporall punishment without the presence and consent of some one of the Assistants.[47] (2) [_October 19/29, 1630._] _A General Court, holden att Boston._ [The first General Court in America.] _Present_, THE GOVERNOR [_Winthrop_] DEPUTY GOVERNOR [_Dudley_] SIR RICHARD SALTONSTALL Mr. LUDLOWE CAPT. ENDICOTT Mr. NOWELL Mr. PINCHON Mr. BRADSTREETE [all magistrates] For establishinge of the government. It was propounded if it were not the best course that the ffreemen should have the power of chuseing Assistants, =_when there are to be chosen_=, and the Assistants from amongst themselves to chuse a Governor and Deputy Governor, whoe with the Assistants should have the power of makeing lawes and chuseing officers to execute the same. This was fully assented unto by the generall vote of the people and ereccion of hands. [Two charter provisions are here violated. The italicized clause was further explained the next May by another unconstitutional decree of the Assistants making themselves life-officers, unless removed for cause ((4) below). There were present, qualified to vote, the eight magistrates named above, and certainly not more than one or two other "freemen,"--probably _no one except the Assistants_. The "people" referred to in the final sentence were probably the 109 men who came to this Court to ask to be admitted "freemen." Apparently _they_ were asked, in turn, whether they would agree to this new law; and (not knowing the charter rights of freemen, anyway) they consented. Even so, they were not admitted until May of the next year. Cf. _American History and Government_, # 62.] (3) [_March 8/18, 1630/31._] _Att a Court [of Assistants] att Waterton_ ... Further, (in regard the number of Assistants are but fewe; and some of them goeing for England,) it was therefore ordered that whensoever the number of Assistants resident within the lymitts of this jurisdiccion shalbe fewer than 9, it shalbe lawfull for the major parte of them to keepe a Court, and whatsoever orders or acts they make shalbe as legall and authenticall as if there were the full number of 7 or more....