“...the appointment of the respective
governors had been vested in the general courts or assemblies of the
said colonies hath, by repeated experience, been found to be
extremely ill-adapted to the plan of government established in the
province of the Massachusetts Bay, by the said letters patent
hereinbefore mentioned, and has been so far from contributing to the
attainment of the good ends and purposes thereby intended, and to the
promoting of the internal welfare, peace, and good government of the
said province, or to the maintenance of the just subordination to,
and conformity with, the laws of Great Britain...Be it therefore
enacted...the council or court of assistants of the said province for
the time being, shall be composed of such of the inhabitants or
proprietors of lands within the same shall be thereunto nominated and
appointed by his Majesty, his heirs and successors, from time to
time, by warrant under his or their signet or sign manual, and with
the advice of the Privy Council...it is hereby further enacted, that
the said assistants of councillors, so to be appointed, shall hold
their offices respectively, for and during the pleasure of his
Majesty...it shall and may be lawful for his Majesty's governor for
the time being of the said province, or in his absence, for the
lieutenant-governor, to nominate and appoint, under the seal of the
province, from time to time, and also to remove, without the consent
of the council, all judges of the inferior courts of common pleas,
commissioners of oyer and terminer, the attorney general, provosts,
marshals, justices of the peace, and other officers,,,to nominate and
appoint the sheriffs without the consent of the council, and to
remove such sheriffs with such consent, and not otherwise. And be it
further enacted by the authority aforesaid, that upon every vacancy
of the offices of chief justice and judges of the Superior Court of
the said province, from and after the said first day of July, one
thousand seven hundred and seventy-four, the governor for the time
being, or in his absence, the lieutenant-governor, without the
consent of the Council, shall have full power and authority to
nominate and appoint the persons to succeed to the said offices, who
shall hold their commissions during the pleasure of his Majesty...And
whereas, by several acts of the General Court, which have been from
time to time enacted and passed within the said province, the
freeholders and inhabitants of the several townships, districts, and
precincts, qualified, as is therein expressed, are authorized to
assemble together, annually, or occasionally, upon notice given, in
such manner as the said acts direct, for the choice of selectmen,
constables, and other officers, and for the making and agreeing upon
such necessary rules, orders, and by-laws, for the directing,
managing, and ordering, the prudential affairs of such townships,
districts, and precincts, and for other purposes; and whereas a great
abuse has been made of the power of calling such meetings, and the
inhabitants have, contrary to the design of their institution, been
misled to treat upon matters of the most general concern, and to pass
many dangerous and unwarrantable resolves; for remedy whereof, be it
enacted, that from and after the said first day of August, one
thousand seven hundred and seventy-four, no meeting shall be called
by the selectmen, or at the request of any number of freeholders of
any township, district, or precinct, without the leave of the
governor...except the annual meeting in the months of March or May,
for the choice of selectment, constables, and other officers...and
also, except any meeting for the election of a representative or
representatives in the general court; and that no other matter shall
be treated of at such meetings, except the election of their
aforesaid officers by representatives, nor at any other meeting,
except the business expressed in the leave given by the governor...be
it further enacted...the jurors to serve at the superior courts of
judicature, courts of assize, general goal delivery, general sessions
of the peace, the inferior court of common pleas, in the several
counties within the said province, shall not be elected, nominated,
or appointed, by the freeholders and inhabitants of the several towns
within the said respective counties...shall be summoned and returned
by the sheriffs of the respective counties within the said province;
shall be summoned and returned by the sheriffs of the respective
counties within the said province, and all writs of venire facias, or
other process or warrants to be issued for the return of jurors to
serve at the said courts, shall be directed to the sheriffs of the
said counties respectively, any law, custom, or usage of the contrary
notwithstanding.
George III, May 20, 1774
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