The Emancipation of Massachusetts by Brooks Adams
page 149 of 432 (34%)
page 149 of 432 (34%)
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"General Court." This General Court, or stockholders' meeting, chose the
officers, of which there were twenty, the governor, deputy governor, and eighteen assistants or directors, on the last Wednesday in each Easter Term. The assistants were intrusted with the business management, and were to meet once a month or oftener; while the General Court was empowered to admit freemen, and "to make laws and ordinances for the good and welfare of the said company, and for the government and ordering of the said lands and plantation, and the people inhabiting and to inhabit the same, as to them from time to time shall be thought meet,--so as such laws and ordinances be not contrary or repugnant to the laws and statutes of this our realm of England." The criminal jurisdiction was limited to the "imposition of lawful fines, mulcts, imprisonment, or other lawful correction, according to the course of other corporations in this our realm of England." The "course of corporations" referred to was well established. The Master and Wardens of the Guild of Drapers in London, for example, could make "such ... pains, punishments, and penalties, by corporal punishment, or fines and amercements," ... "as shall seem ... necessary," provided their statutes were reasonable and not contrary to the laws of the kingdom. [Footnote: Herbert's _Livery Companies_, i. 489.] In like manner, boroughs such as Tiverton might "impose and assess punishments by imprisonments, etc., and reasonable fines upon offenders." [Footnote: See _History of Tiverton_, App. 5.] But all lawyers knew that such grants did not convey full civil or criminal jurisdiction, which, when thought needful, was specially conferred, as was done in the case of the East India Company upon their petition in 1624, [Footnote: Bruce, _Annals_, i. 252.] and in that of Massachusetts by the charter of William and Mary. |
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