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change was made, and the freemen met in their several towns and cast their votes for magistrates, much in accordance with the practice now in use in this Commonwealth.

From 1639, the freeman's oath was as follows.

"I, A. B., being by God's providence an inhabitant and freeman within the jurisdiction of this Commonwealth, do fully acknowledge myself to be subject to the government thereof, and therefore do hereby 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."

Those persons who were not allowed, or who declined to become freemen, were styled residents, and not entitled to full civil privileges. They with every other man of or above twenty years of age, having a residence of six months and not enfranchised, shall take the following

oath before the Governor or Deputy Governor, or the two next assistants.

"I do here swear and call God to witness, that being now an inhabitant within the limits of this jurisdiction of Massachusetts, I do acknowledge myself lawfully subject to the authority and government here established; and do accordingly submit my person, family, and estate to be protected, ordered, and governed by the laws and constitutions thereof; and do faithfully promise to be from time to time obedient and conformable thereunto, and to the authority of the Governor and all other magistrates and their successors, and to all such laws, orders, sentences, and decrees, as now are or hereafter shall be lawfully made, decreed, and published by them or their successors, and I will always endeavour (as in duty I am bound) to advance the peace and welfare of this body politic, and I will to my best power and means seek to divert and prevent whatsoever may tend to the ruin or damage thereof, or of the Governor, Deputy Governor, or assistants, or any of their successors. And I will give speedy notice to them or some of them of any seditions, violent treachery, or other hurt or evil, which I shall know, hear, or vehemently suspect to be plotted or intended against them, or any of them, or against the said Commonwealth, or government established. So help me God."

The custom of making freemen, and of requiring an oath of them, and of residents, seems to have fallen into disuse before the expiration of the first charter, in 1689.

Governors and magistrates were elected in the following manner, viz. At first they were chosen in London, by the erection of hands, by all the freemen of the company. After transmitting the patent into New England,

the election was not by the erection of hands, but by papers, thus.

The General Court-Electory, sitting in the meetinghouse at Boston, the old Governer, Deputy, and all the magistrates, and one or two deputies for each town. All the freemen were bidden to come in at one door, and bring their votes, in paper, for the new Governor, and deliver them down upon the table, before the Court, and so to pass forth at another door. Those that were ab

All being delivered

sent, sent their votes by proxies. in, the votes were counted, and the old Governor declared the result of the balloting, and that such an one was chosen Governor for the ensuing year. The Deputy-Governor was chosen in the same way. The assistants were, one after another, nominated by the Governor. The freemen were then called upon to approve or disapprove the nomination, which they did by passing through the house as before; those approving the nomination deposited upon the table a piece of paper, having some mark made upon it with a pen, and those who disapprove deposit a blank piece of paper; the blanks and marked paper being counted, the result was declared.

This election was holden, according to their patent, upon the last Wednesday in every Easter Term. Easterday is always the first Sunday after the Full Moon, which happens upon or next after the 21st day of March; and if the Full Moon happen upon a Sunday, Easterday is the Sunday after. Easter Term continues forty days, and may vary, in its ending, from the 30th of April to the 3d of June, always ending of a Thursday; consequently, this election day might vary from the 29th of April to the 2d of June.

In June, 1683, articles of high misdemeanor were exhibited by Edward Randolph, the public accuser in those days, against the Governor and Company of Massachusetts.

"In the latter end of the year 1683, there arrived a declaration from King Charles II. with a signification to the country, that, except they would make a full submission and entire resignation of their charter to his pleasure, a quo warranto against it should be prosecuted." "The question was offered unto Mr. Mather, whether the country could, without a plain trespass against heaven, do what was demanded of them; and, in his elaborate answer to it, he demonstrated, that they would act neither the part of good Christians, nor of true Englishmen, if, by any act of theirs, they should be accessary to the plot then managing to produce a general shipwreck of liberties."- Mather, Remarkables.

In Trinity Term, 1684, judgment was given for the King, by the High Court of Chancery, against the Governor and Company of Massachusetts, "that their letters, patents, and the enrolment thereof be cancelled."

Some months after the dissolution of the charter, it was thought necessary to establish a temporary government for the preservation of order; when, in September, 1685, Colonel Dudley, a native of Massachusetts, was appointed President, by King James II., whose ascension to the throne was proclaimed in Boston, in April, 1685. Dudley's administration was continued till the arrival of Sir Edmond Andros.

1686, December 20. Sir Edmond Andros arrrives in Boston, with a commission of arbitrary government over New England and New York. He brought about

sixty soldiers with him to enforce such innovations as he might at any time think proper to make.

The inhabitants of various towns, particularly those in the county of Essex, refused to appoint commissioners to superintend the assessment of taxes granted by Andros and his Council.

The town of Rowley met, August 31, 1687, to see if they would choose a commissioner for the purpose aforesaid; when the town did declare, by vote, that they would choose no such commissioner.

By the information of Justice Nelson to Governor Andros, against the town of Rowley, (which presently follows,) it appears, the town had, at a meeting held previous to the one mentioned above, chosen John Pearson, Sen. a commissioner, he, afterward, finding it inconvenient to serve; the above said meeting was called, at which the vote of Ipswich was read, and the town of Rowley influenced thereby, as Justice Nelson seems to insinuate. This vote of the town of Ipswich was in the words following, viz.

"At a legal town meeting, held August 23, 1687, assembled by virtue of an order from John Usher, Esq., for choosing a commissioner to join with the selectmen to assess the inhabitants according to an act of his Excellency the Governor and Council, for laying of rates. The town then considering, that this act doth infringe their liberty, as free English subjects of his Majesty, by interfering with the statute laws of the land, by which it was enacted, that no taxes should be levied upon the subjects without the consent of an assembly, chosen by the freeholders for assessing of the same, they do therefore vote, that they are not willing to choose a commissioner for such an end without said privilege, and,

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