New England -- History -- Colonial period, ca. 1600-1775
The colonial government, which had thus assumed what was practically a
position of avowed independence of the king and courts of England, next
decided to take up a stronger line in regard to its own subjects in the
colony itself, for the spirit of the Watertown freemen against taxation
had evidently spread. Just prior to the meeting of the General Court in
the spring of 1634, every town deputed two men to consider such matters
as might come up; and after consultation, a demand was made upon the
governor to allow them to inspect the charter. Having found upon
examination that the General Court was the only legal body entitled to
legislate, they apparently inquired why that power had been usurped by
the magistrates. Winthrop replied that it was because the General Court
had become unwieldy in size; and he made the suggestion that, for the
present, “they might, at the general court, make an order, that, once in
the year, a certain number should be appointed, (upon summons from the
governor) 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 assessments should be laid upon the
country without the consent of such a committee, nor any lands disposed
of.”[383] It is difficult to conceive of a more complete abrogation of
the rights of even the very limited body of freemen; and, though
Winthrop does not tell us how this astonishing offer was received, the
records leave us in no doubt. At the meeting of the General Court, it
was immediately voted that there should be no trial for life or
banishment except by a jury summoned by themselves; that there should be
four such courts a year, not to be dissolved without their own consent;
that none but the General Court had power to make laws or to elect and
remove officials; and that none but the General Court had power to
dispose of lands or to raise money by taxation.[384]
Footnote 383:
J. Winthrop, _History_, vol. I, p. 153.
Footnote 384:
_Massachusetts Records_, vol. I, pp. 117 _ff._
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