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Adams, Brooks, 1848-1927

"The Emancipation of Massachusetts"

The assistants were intrusted with the business management, and were
to meet once a month or oftener; while the General Court was empowered to
admit freemen, and "to make laws and ordinances for the good and welfare
of the said company, and for the government and ordering of the said lands
and plantation, and the people inhabiting and to inhabit the same, as to
them from time to time shall be thought meet,--so as such laws and
ordinances be not contrary or repugnant to the laws and statutes of this
our realm of England." The criminal jurisdiction was limited to the
"imposition of lawful fines, mulcts, imprisonment, or other lawful
correction, according to the course of other corporations in this our
realm of England."
The "course of corporations" referred to was well established. The Master
and Wardens of the Guild of Drapers in London, for example, could make
"such ... pains, punishments, and penalties, by corporal punishment, or
fines and amercements," ... "as shall seem ... necessary," provided their
statutes were reasonable and not contrary to the laws of the kingdom.
[Footnote: Herbert's _Livery Companies_, i. 489.] In like manner,
boroughs such as Tiverton might "impose and assess punishments by
imprisonments, etc., and reasonable fines upon offenders." [Footnote: See
_History of Tiverton_, App.


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