10. It is Ordered, sentenced and decreed, that every Generall Courte,
except such as through neglecte of the Governor and the greatest
parte of Magestrats the Freemen themselves doe call, shall consist
of the Governor, or some one chosen to moderate the Court, and 4
other Magestrats at lest, with the major parte of the deputyes of the
severall Townes legally chosen; and in case the Freemen or major parte
of them, through neglect or refusall of the Governor and major parte
of the magestrats, shall call a Courte, it shall consist of the major
parte of Freemen that are present or their deputyes, with a Moderator
chosen by them: In which said Generall Courts shall consist the
supreme power of the Commonwelth, and they only shall have power to
make lawes or repeale them, to graunt levyes, to admitt of Freemen,
dispose of lands undisposed of, to severall Townes or persons, and also
shall have power to call ether Courte or Magestrate or any other person
whatsoever into question for any misdemeanour, and may for just causes
displace or deale otherwise according to the nature of the offence;
and also may deale in any other matter that concerns the good of this
commonwelth, excepte election of Magestrats, which shall be done by the
whole boddy of Freemen.
In which Courte the Governour or Moderator shall have power to order
the Courte, to give liberty of spech, and silence unceasonable and
disorderly speakeings, to put all things to voate, and in case the vote
be equall to have the casting voice. But non of these Courts shall be
adjorned or dissolved without the consent of the major parte of the
Court.
11. It is ordered, sentenced and decreed, that when any Generall
Courte uppon the occations of the Commonwelth have agreed uppon any
summe or sommes of mony to be levyed uppon the severall Townes within
this Jurisdiction, that a Committee be chosen to sett out and appoynt
what shall be the proportion of every Towne to pay of the said levy,
provided the Committees be made up of an equall number out of each
Towne.
[=Hints for Study.=--=1.=--This was a great democratic
constitution,--the first that ever "created a state." =_As a whole, it
is an innovation; but very few passages in it, taken by themselves,
are new._= The great bulk of the Orders came from Massachusetts'
practice of the preceding five years (1634-1638), and most of it
came, indeed, from express statutes of the older colony. Its peculiar
democracy consisted in (1) _selecting_ all the democratic features of
the Massachusetts government (leaving out all the more aristocratic
features), and (2) in _adding_ a very few other democratic features,
some of which these men had striven for in vain in Massachusetts.
_a._ For instances of selection:
(Article 1.) Massachusetts, during most of her history, had had "two
General Courts," the Spring Court being a "Courte of Election," in
which all magistrates were chosen for one year only.
Public-domain text, read in full here on John Shaqi.
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