6. These two regular courts were to be convened by the governor himself,
or by his secretary, by sending out a warrant to the constables of every
town, a month at least before the day of session. In times of danger or
public exigency the governor and a majority of the magistrates might
order the secretary to summon a court, with fourteen days' notice, or
even less, if the case required it, taking care to state their reasons
for so doing to the deputies when they met. If, on the other hand, the
governor should neglect to call the regular courts, or, with the major
part of the magistrates, should fail to convene such special ones as
were needed, then the freemen, or a major part of them, were required
to petition them to do it. If this did not serve, then the freemen, or a
majority of them, were clothed with the power to order the constables to
summon the court, after which they might meet, choose a moderator, and
do any act that it was lawful for the regular courts to do.
7. On receiving the warrants for these general courts the constables of
each town were to give immediate notice to the freemen, either at a
public gathering or by going from house to house, that at a given place
and time they should meet to elect deputies to the general court, about
to convene, and "to agitate the affairs of the commonwealth." These
deputies were to be chosen by vote of the electors of the town who had
taken the oath of fidelity; and no man not a freeman was eligible to the
office of deputy. The deputies were to be chosen by a major vote of all
the freemen present, who were to make their choice by written paper
ballots--each voter giving in as many papers as there were deputies to
be chosen, with a single name written on each paper. The names of the
deputies when chosen were indorsed by the constables, on the back of
their respective warrants, and returned into court.
8. The three towns of the commonwealth were each to have the privilege
of sending four deputies to the general court. If other towns were
afterward added to the jurisdiction, the number of their deputies was to
be fixed by the court. The deputies represented the towns, and could
bind them by their votes in all legislative matters.
9. The deputies had power to meet after they were chosen and before the
session of the general court, to consult for the public good, and to
examine whether those who had been returned as members of their own body
were legally elected. If they found any who were not so elected, they
might seclude them from their assembly, and return their names to the
court, with their reasons for so doing. The court, on finding these
reasons valid, could issue orders for a new election, and impose a fine
upon such men as had falsely thrust themselves upon the towns as
candidates.
Public-domain text, read in full here on John Shaqi.
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