CHAPTER VIII. THE BODY POLITIC. The political privileges of those early years of the seven-f teenth century, when Ipswich was a frontier town, were few. In a community so thoroughly religious, one would expect to find perfect brotherliness. But Religion was itself narrow. Our Puritan forefathers founded the Bay Colony that they might enjoy the privilege of worshipping God according to their own consciences, and build up the kingdom of God on these shores. They were very jealous, however, of any who would not build with them, and they could not believe that any, beside the avowed children of God, were competent to direct the affairs of the new Commonwealth. So it was ordered by vote of the first General Court: "to the end the body of the commoners may be preserved of honest and good men," "that for the time to come, no man shall be admitted to the freedom of this body politic, but such as are members of some of the churches within the limit of the same." Formal application was made to the General Court, and the Court granted the privilege of freemen to such as were deemed suitable under this law. Every freeman thus elected, took the freeman's oath, prescribed by vote of General Court, May 14, 1634. "I,—A—— B-, being by God's providence an inhabitant and freeman within the jurisdiction of this Commonwealth, do freely acknowledge myself to be subject to the government thereof, and therefore do here swear by the great and dreadful name of the everlasting God, that I will be true and faithful to the same, and will accordingly yield assistance and support thereunto with my person and estate, as in equity I am bound; and I will also truly endeavour to maintain and preserve all the liberties and privileges thereof, submitting myself to the wholesome laws and orders, made and established by the same. And further, that I will not plot nor practise any evil against it nor consent to any, that shall so do, but will truly discover and, reveal the same to lawful authority now here established, for the speedy preventing thereof. Moreover, I do solemnly bind myself in the sight of God, that when I shall be called to give my voice, touching any such matter of this state, wherein freemen are to deal, I will give my vote and suffrage, as I shall judge in mine own conscience may best conduce and tend to the public weal of the body, without respect of persons or favor of any man; so help me God in the Lord Jesus Christ." Having taken this solemn oath, the freeman was eligible to vote for the officers and magistrates of the Colony, and to have a voice and vote in town meeting, and freemen alone were thus privileged in the early years of the Colony. At first, the whole body of freemen met in Boston for the annual election, and we may presume that every freeman of our little settlement made his toilsome journey to exercise his honorable right of franchise; but in 1636, Ipswich and five other towns were allowed to keep a sufficient guard of freemen at home and forward their proxies. For thirty years this restriction of the franchise to church members, who had taken the freeman's oath, was vigorously enforced. Neither wealth, nor family name, nor distinguished public service, could gain the right of voting, if he were not a church member in good standing. But after Charles the Second succeeded to the throne, there began to be a demand for less exclusiveness. "In 1662, the advisers of Charles II wrote to the colonists that it was desired 'that all freeholders of competent estate, not vicious in conversation, and orthodox in religion (though of different persuasion in church government) may have their votes in the election of all officers civil and military.'" "In 1664, the Commissioners for New England were appointed, and one of their chief duties was to remove the restriction from the franchise and secure greater freedom in matters of religion." "At the first General Court after the arrival of the Commissioners, a substitute law was passed, but so exacting were the conditions that the change from the old to the new law, amounted to little or nothing. The records of the time say," "In answer to that part of His Majesty's letter of June 28, 1662, concerning admission of freemen, this Court doth declare that the law prohibiting all persons except members of churches, and that also for allowance of them in any county courts, are hereby repealed; and do hereby also order and enact that from henceforth all Englishmen presenting a certificate under the hands of the ministers or minister of the place where they dwell, that they are orthodox in religion and not vicious in their lives, and also a certificate under the hands of the selectmen of the place, or of the major part of them, that they are freeholders, and are for their own proper estates (without heads of persons) rateable to the country in a single country rate, after the usual manner of valuation in the place where they live, to the full value of ten shillings, or that they are in full communion with some church amongst us, it shall be the liberty of all and every such person or persons being twentyfour years of age, householders and settled inhabitants in this jurisdiction, from time to time, to present themselves and their desires to this Court for admittance to the freedom of the Commonwealth, and shall be allowed the privilege to have such their desire propounded and put to vote in the General Court for acceptance to the freedom of the body politic by the suffrage of the major part according to the rule of our patent." Thus, very reluctantly, the sturdy Puritan legislators consented to even this allowance, but the way was opened to more material modification of the ancient usage; and the separation of church and state went on apace. The commoners, as has been already stated, had the privilege of voting on all questions relating to the common lands, and as a matter of fact, the majority of commoners were also freemen, but the privileges of the two bodies were distinct. Some freemen were not commoners, and commoners were not all freemen. A third body of inhabitants, and by far the largest, was distinguished as "residents." Every man, twenty years old, * Page 71. 1 Johns Hopkins Univ. Studies, tenth series, II, III. Church and State in New England, Paul E. Lauer, A.M. 1. commoners 7. fremen 3. residents who had resided six months within the town limits, and was not enfranchised, was obliged to take the "Residents' Oath" before the Governor or Deputy Governor, or assistants, and was then recognized as a duly qualified inhabitant. The Statute of 1647 allowed such to be chosen on juries by the freemen and to vote for selectmen. Beyond this they had no political privilege. Even this humble privilege of residing within the town limits, and bearing all the burdens of taxation and compulsory military service, and every other public duty, with no voice in the direction of affairs, was jealously guarded, and very grudging welcome was sometimes accorded a new comer. From the beginning, suspicion always attached to a prospective settler of any other nationality than English. A town vote of 1634 is to this effect: "That theire shall noe forriner amongst us come into our meetings, unless he will subject himself unto the like orders and penalties that we the freemen of the Towne have established for our peace and comfort in our meetings." As early as 1639, our record says, "The Town doth refuse to receive Humphrey Griffin as an inhabitant, to provide for him as inhabitants formerly received, the town being full." Reference is made without doubt to the practice of granting building lots and tillage land to new comers. Every new house erected carried with it a right of commonage, and a vote in commoners' meeting. This privilege they wished evidently to keep within their own hands. As a matter of fact, Griffin became an inhabitant, despite this uncomplimentary reception. "Robert Gray hath free liberty to come to town, and to dwell amongst us," was recorded in 1646, and in 1656, it was "Voted, that Mr. Stevens hath liberty to come to this Town, and be an inhabitant amongst us, and make use of our Commons for timber for his trade, provided that he serve the Town in the first place." In marked contrast with the welcome received by these two favored men, was the gruff action in the case of some humbler folk in 1673: "Ordered, the constable shall give notice unto William Nellson and Abner Ordway, and an Irish or Gurnsey man that married Rachell, Qr. Masr. Perkins' mayd, that the Towne will not allow them to inhabit here in this Town, but that they depart the Town, unless they give security to save the Town harmless from any charge the Town may be put unto, by receiving of them." And in the same year, yet more explicit action was taken: "No person shall suffer any stranger from other towns to continue or live more than one week in his own dwelling house or any tenement of his, unless satisfaction be given the Selectmen." The evident purport of these instances of class legislation was to secure the town against any liability to support poor and shiftless people. Our community was full of thrifty and busy life, and it had no place for any who were likely to become a public burden. The query may arise naturally, what proportion of the actual inhabitants were freemen, and what proportion were commoners? Various lists of freemen and commoners occur, but the complete list of male residents is lacking until 1678. In that year, Charles II ordered a new oath of allegiance to be taken, and the constables of every town and village were ordered to convene all the inhabitants for the administration of the oath. In Feb., 1678-79, a list of commoners was recorded and in December, 1679, a list of freemen was also prepared and put on record. These lists are of such value, that I insert them in full: "The list of those that by law are allowed to have there votes in Town affairs. Voted to be recorded at the Towne meeting, December the 2th 1679." The original list begins in the invariable order, the name of Gen. Denison first, then the names of the ministers, after these in a roughly arranged alphabetical order, the names of the freemen. Major Gen Denison Elder Paine2 1 Wry is the ancient abbreviation for William. Robert Paine, the Elder of the church. |