Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/92

 52 § 68. The General Court in their address to Parliament in 1646, in answer to the remonstrance of certain mal-contents, used the following language: "For our government itself, it is framed according to our charter, and the fundamental and common laws of England, and carried on according to the same (taking the words of eternal truth and righteousness along with them, as that rule, by which all kingdoms and jurisdictions must render account of every act and administration in the last day) with as bare allowance for the disproportion between such an ancient, populous, wealthy kingdom, and so poor an infant, thin colony, as common reason can afford." And they then proceeded to show the truth of their statement, by drawing a parallel, setting down in one column the fundamental and common laws and customs of England, beginning with Magna Charta, and in a corresponding column their own fundamental laws and customs. Among other parallels, after stating, that the supreme authority in England is in the high court of Parliament, they stated: "The highest authority here is in the general court both by our charter and by our own positive laws."

§ 69. For three or four years after the removal of the charter, the governor and assistants were chosen and all the business of the government was transacted by the freemen assembled at large in a general court. But the members having increased, so as to make a general assembly inconvenient, an alteration took place, and in 1634, the towns sent representatives to the general court. They drew up a general declaration, that the general court alone had power to make and establish laws, and to elect officers, to raise monies and taxes, and to