[April 1, 1634.] ... Notice being sent out of the general court to be
held the 14th day of the third month, called May, the freemen deputed
two of each town to meet and consider of such matters as they were to
take order in at the same general court; who, having met, desired a
sight of the patent, and, conceiving thereby that all their laws should
be made at the general court, repaired to the governour to advise with
him about it, and about the abrogating of some orders formerly made,
as for killing of swine in corn,[49] etc. He told them, that, when
the patent was granted, the number of freemen was supposed to be (as
in like corporations) so few, as they might well join in making laws;
but now they were grown to so great a body, as it was not possible for
them to make or execute laws, but they must choose others for that
purpose: and that howsoever it would be necessary hereafter to have
a select company to intend that work, yet for the present they were
not furnished with a sufficient number of men qualified for such a
business; neither could the commonwealth bear the loss of time of so
many as must intend it. Yet this they might do at present, viz., they
might, at the general court, make an order, that, once in the year, a
certain number should be appointed (upon summons from the governour)
to revise all laws, etc., and to reform what they found amiss therein;
but not to make any new laws, but prefer their grievances to the court
of assistants; and that no assessment should be laid upon the country
without the consent of such a committee, nor any lands disposed of....
[May 14.] At the general court, Mr. Cotton preached, and delivered
this doctrine, that a magistrate ought not to be turned into the
condition of a private man without just cause, and to be publicly
convict, no more than the magistrates may not turn a private man out
of his freehold, etc., without like public trial, etc. This falling in
question in the court, and the opinion of the rest of the ministers
being asked, it was referred to further consideration.
The court chose a new governour, viz., Thomas Dudley,[50] Esq., the
former deputy; and Mr. Ludlow was chosen deputy; and John Haines, Esq.,
an assistant, and all the rest of the assistants chosen again.
Public-domain text, read in full here on John Shaqi.
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