Page:A Brief History of the Constitution and Government of Massachusetts (1925).pdf/23

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Early Forms of Government
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General Court was to be held annually, on the last Wednesday of May, to consist of the Governor and Council and such freeholders as should be elected or deputed by the major part of the freeholders. Each town could elect two representatives and no more, and the General Court was given the right to declare what number each county, town and place should elect. A freehold estate of the value of forty shillings or other estate to the value of forty pounds was the qualification for voting.

The Distribution of Powers under the Province Charter

The General Court was empowered to establish courts of record. The Governor, with the advice and consent of the Council or Assistants, had the appointment of judges, commissioners of oyer and terminer, sheriffs, provosts, marshals, justices of the peace and other officers attached to the Council and courts of justice. No such nomination or appointment of officers, however, was to be made without seven days' notice to the Councillors or Assistants.

This Province Charter took away from the Governor and Council all jurisdiction over judicial matters except the probating of wills and granting of administrations. Appeal was given from the courts of the province in any personal action where the matter in dispute was over three hundred pounds, to the King in Privy Council. The General Court was given power to legislate so long as it did not pass laws repugnant to the laws of England. It also was given the power of appointing all civil officers that the Governor and Council did not have the power to appoint. Oaths had to be taken for the faithful performance of their duties by all officers appointed or chosen, as well as the oaths provided by act of Parliament passed in the first year of the King's reign.