March, 1644. ... At the same court in the first month, =upon the motion
of the deputies=, it was ordered that the court should be divided in
their consultations, the magistrates by themselves and the deputies by
themselves. What the one agreed upon, they should send to the other;
and if both agreed, then to pass, etc. This order determined the great
contention about the negative voice.
[The _Records of the Governor and Company of Massachusetts Bay_
(II, 58-59) give this act which established the first two-chambered
legislature in America (An Act of the Generall Court at Boston,
March 7/17, 1644). The preamble contains an interesting reference
to English precedent:--
"For as much as after long experience wee find divers
inconveniences in the manner of our proceeding in Courts, by
Magistrates and deputies siting together, and accounting it wisdome
to follow the laudable practice of other states who have layd
groundworks for government and order in the issuing of busines of
greatest and highest consequence, ..."
See also an interesting prophecy of the change to two Houses in
Cotton's letter, No. 75 _a_, above.]
81. A Town Code of School Law
_Dorchester Town Records_, 54-57. Cf. _American History and
Government_, # 123.
_Upon a generall and lawfull warning of all the Inhabitants the 14th of
the 1st moneth 1645 these rules and orders following presented to the
Towne Concerning the Schoole of Dorchester are Confirmed by the major
parte of the Inhabitants then present._
First, It is ordered that three able, and sufficient men of the
Plantation shalbe Chosen to bee wardens or overseers of the Schoole
above mentioned who shall have the Charge oversight and ordering
thereof and of all things Concerneing the same in such manner as is
hereafter expressed and shall Continue in their office and place for
Terme of their lives respectively, unlesse by reason of any of them
removing his habitation out of the Towne, or for any other weightie
reason the Inhabitants shall see cause to Elect or Chuse others in
their roome in which cases and upon the death of any of the sayd
wardens the Inhabitants shall make a new Election and choice of others.
And Mr. Haward, Deacon Wiswall, Mr. Atherton are elected to bee the
first wardens or overseers.
Secondly, the said Wardens shall have full power to dispose of the
Schoole stock....
Thirdly, the sayd Wardens shall take care, and doe there utmost and
best endeavor that the sayd Schoole may from tyme to tyme bee supplied
with an able and sufficient Schoolemaster who nevertheless is not to be
admitted into the place of Schoolemaster without the Generall consent
of the Inhabitants or the major parte of them....
Public-domain text, read in full here on John Shaqi.
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