When the Massachusetts Legislature convenes, in January of each year, rarely do we stop to consider that these meetings are but the continuation of others of long ago, that the first meetings were not even held in America. While the ceremony attending the inauguration is of more recent origin the sessions of the "Great and General Court" go back to the early days of the Colony, antedating by many years the formation of the Commonwealth as a component part of the Union.

As we live in a time of rapid changes and constant innovation we are apt to accept present conditions. with little thought of the past; indeed if we think at all it is more likely to ask the question, what will the future bring forth? It is not surprising, then, that upon the convening of the Legislature we are more likely to consider what it will accomplish rather than to think of its origin and early history. In a way, this is as it should be, for otherwise we would become retrogressive rather than progressive, but lest we forget-herein lies the occasion for what follows. "Seldom in history has a more representative body had so long a measure of life as the Massachusetts General Court." The truth of this statement becomes more apparent as one makes a careful study of the history of that honorable body. Only a brief account of its origin and formation, however, will be attempted.

The story of the Puritan's coming to America is well known to us, but the religious motives have been so

over emphasized by the earlier writers on Colonial history that we are apt to overlook the fact that there were economic and political reasons as equally important. As will be readily recalled there was political strife in England. The Puritans had become a political factor, a party that believed that the people should be recognized as a power in the government of England. Their attack upon the established order, both from the political and religious sides, caused Charles to continue with greater severity the persecution of the nonconformists. The star Chamber and High Commission defied all laws. The people could find little relief in the commission law courts, and these would have been quite powerless, even if the judges had been inclined to grant relief. The civil and ecclesiastical authorities vied with each other in their disregard of the people's liberties. Under such conditions many of the Puritans in England began to consider the possibility of settling in other lands, especially in America.

Several unsuccessful attempts at colonization had been made, and several patents with their conflicting grants of land had been issued before the Massachusetts Bay Co. received its royal charter which serves as a basis for the corporate existence of the state. This charter not only established a trading company and confirmed the grant of land previously made, but also gave to the company the right of jurisdiction. The executive power was vested in the Governor, Deputy Governor and a board.

of eighteen assistants. The legislative power was intrusted to the whole body of freemen who were to meet four times a year in meetings called the "General Court." The Governor and the assistants were to hold monthly meetings, or oftener, called courts of assistants. At any meeting, provided the Governor and six assistants were present, laws might be enacted, freemen admitted, and the oaths administered. The charter was not an act for a trading company merely, but contemplated the settlement of the colony as full power of legislation was granted subject to the usual conditions of conformity to the laws of England. The foundations for a future commonwealth may be found in the provision in the charter granting the right to admit new freemen. The original patentees, by freely exercising this right were able to augment the company until it later became a community. In short, the charter virtually created an independent state.

The earliest records of the company, especially at the time of its oranization, are scanty and incomplete. They are typical of a trading company, referring largely to lists of commodities, mention of contracts and agreements for the securing of supplies, and lists of goods purchased. While the company was located in England ostensibly conducting a purely mercantile business all thought, however, was not directed to commerce and finance, for one of its early and more important acts was to organize a temporary government for its settlers in Massachusetts. The government in America, under Governor Endicott, was subordinate to the home company, although such a state of affairs was to last but a short time for a year or so after receiving the charter came its transfer to America, and with this event the dual form of government came to an end.

The significance of this event was not so much the removal of the charter as it was the transfer of the government, for by this act the company was converted into a colony.

The time was opportune for such a move as political affairs in England. were in a very unstable condition. In 1629 the question of removal to America was discussed, and it was agreed to make the change. The remainder of the time spent in England was largely devoted to making preperations for departure and for financing the undertaking. As the deputy government remained in England his place was filled at a meeting held aboard the Arbella. This action may, in a way, be considered the connecting link between legislation enacted in England and that in America.

Undoubtedly the colonists had contemplated the establishment of kind of government before leaving England. Although the terms of the charter were not as liberal as some of the grantees would have desired it was the best that could be secured at the time. The colonists based their authority to govern on their charter, which they considered did not merely create them an English corporation under the narrow construction of the common law, but might be used as a basis for founding a political community. Whatever authority the members of the company ever had to set up any form of government in America was contained in this document. As the colonists construed it, the authority conferred was very extensive, and while the charter was not adapted for the constitution of a commonwealth, whenever the occasion required powers not expressly granted in that instrument were readily assumed.

It should be noted that the power granted to make laws was not limited

to the making of the ordinary by-laws for the regulation of a corporation. The power and jurisdiction granted was far greater than was needful to carry on the business of a trading company. This may be partly explained by the fact that provision was made for the establishment of a colony that would require a local government of some kind. Additional powers to those usually granted a trading company would be necessary, but the provisions in the charter were so drawn that they were capable of broad interpretation, and exceeded the powers usually granted to municipal corporations in England at that time. Whether this was intentional or not cannot be definitely determined, but we do know that the colonists made extensive use of these powers to justify their acts later in the history of the colony.

It must not be inferred that the merging of the company into the colony took place immediately upon arrival in America. It was a gradual change covering a period of several years, and was brought about by a series of acts rather than by any one thing. The tendency at first was to follow the form of organization as contemplated in the charter. The assistants continued to exercise power as they had done in England, and held very tenaciously to what they considered their vested rights. The first step toward expansion occurred in the fall of 1630 with the admission of new freemen, and for the next fifteen years it was a struggle beween the assistants, who wished to retain power, and the freemen who claimed that the power of government was vested in them.

By the terms of the charter, the power to govern was vested in the whole body of freemen, but in actual practise that power was first exercised by the Government and assistants exclusively. The assistants as

sumed the title of "Magistrates" with all the requisites and implied powers. They quietly kept office and made the first laws of the colony. That there seemed to be a tendency toward an oligarchal form of government was manifested in the disinclination to elect the full quota of assistants or to admit many as freemen. From the time of the transfer of the charter until the meeting of the first "General Court" in Boston (Oct. 19, 1630) no freeman had been admitted. At this meeting many applications for membership were received, and the question arose as to the number that might be safely admitted without destroying the power of the gentry. It was hoped to attain this end by restricting the rights of freemen to the election of freemen, and by keeping the number of assistants as small as possible. By subsequent action both objects were attained while the power of the freemen was further restricted by imposing religious qualifications for admission as freemen. By this action only church members could vote, and as it was no easy matter to acquire church membership, only a part of the inhabitants were ever legal voters.

The power thus accumulated by the Assistants was to be of little benefit to them, for within a year or so the freemen assumed their rightful position in the scheme of government. Among the powers exercised by the assistants was that of levying taxes, and it was in the exercise of this power that the change was brought about. At one time it was thought to make Cambridge the capital of the colony, and, as a protection against the Indians, fortifications were ordered to be erected there at public expense. The sum of £60 was voted for the purpose, to be levied proportionally upon the towns. Watertown protested against paying its levy of £8 on the ground "that it was