This regulation continued substantially in force until the downfall of the charter in 1684.
By the terms of the first charter, the principal officers, as we have seen, were to be chosen directly by the freemen. It was agreed at first that the freemen should choose the assistants and that they from among themselves should choose the governor and deputy. This method was too aristocratic, however, to last, and the next spring, in 1631, an order was passed that at least once a year it should be lawful for the people to choose assistants. In 1632, at the next General Court, it was voted that the governor, deputy-governor and the assistants should be chosen every year by this body. This first charter, after safely running the gauntlet of dangers on many occasions, was finally annulled under Charles II in 1684, through quo warranto proceedings.
The Early Courts of Massachusetts Bay
Courts had gradually grown up in the colony of Massachusetts Bay. At first all judicial matters came before the General Court or before the Court of Assistants, or the Magistrates as they were called, except cases that were cognizable by a justice of the peace. Trial by jury prevailed at first only in cases of murder. In September, 1635, however, grand juries were provided for, and County Courts were established as the population increased. These were composed of Assistants who lived in the county or such others as they could get to sit with them and of citizens nominated by the freemen of the county and approved by the General Court.[1] The idea was to have five in all, any three of whom could hold court. They could try all causes except murder cases or crimes punishable by banishment. Grand and petit juries were summoned to attend them.
- ↑ Thomas Hutchinson, History of Massachusetts, 1, pp. 397-401.
