7o6 ^. E. McKinley assembly,^ and reproduced very inadequately the strong representa- tive system of England and New England. In local legislation, a change was made which corresponded to the omission of the general assembly in provincial affairs. The Laws abolish the town-meeting as a part of the local administrative system, and in its place put an elective constable and board of over- seers ; - who are given the power to pass local ordinances, enforce them and try cases arising under them. The provision of the Massachusetts code permitting towns to elect selectmen and thus relieving the town meeting of minor matters, is made compulsory in the Duke's Laws, and the constable and overseers are invested with the local administrative powers which the whole community exercised in New England. It is interesting to note with what a slight altera- tion in phraseology the change from the pure democracy to the repre- sentative system is made. The text of the three codes is as follows ; Duke' s Laws. Massacliusetts, 1660. Nt'w Haven, i6j6. "Whereas in per- "Whereas Particu- " Whereas the Free- ticuler Townes many lar Townes have many men of every Town, or things do arise, which things which concerne plantation, within this concerne onely them- onely themselves, and Jurisdiction, have in selves, and the well the Ordering their own sundry particulars lib- Ordering their Affairs, affaires, and disposing erty to make Orders as the disposing, Plant- of business in their own among themselves, as ing, Building and the Town. It is therefore about Fencing their like, of their owne Ordered, that the free- Land, ordering or keep- Lands and woods, grant- men of every town, ing their Cattel, or ing of Lotts, Election with such others as are Swine, &c. as may best of Officers, Assessing of allowed, or the Major suite with their own Rates with many other part of them, shall have conveniency ; It is by matters of a prudentiall power to dispose of this Court Ordered, Nature, tending to the their own Lands and That if any cattel," Peace and good Gov- woods, with all the etc. New Haven Co- ernment of the Respec- Priviledges and appur- /onial Records, 1653- tive Townes the Con- inances of the said 1665, p. 604. stable by and with the Townes, to grant Lots, Consent of five at least, and also to chuse their ^ In some cases Nicholls promulgated changes in the laws, and afterwards had these alterations ratified by the Court of Assizes ; Report of State Historian of N. Y., 1 896, p. 303. In 1675, after the Court of Assizes had been fully organized, it was attended by the governor, three councillors, three aldermen of New York City, four justices from each of the three ridings of Yorkshire, two from Albany, one from Schenectady, two from Esopus, and the sheriff from the Delaware ; making twenty-five in all. Report of State Historian of N. Y., 1S97, 387 ff. 2 The term " town-meeting " occurs four times in the laws, but in each case it means the meeting of the constable and overseers, and not a meeting of the towns-people. In two of these cases, the court of assizes took pains to change the term to town-courts. .'V. }'. Col. Laws, I. So, 82. See also Memorial History of the Citv of New York, I. 316, 328.
