still far short of a democracy. There was even more aristocracy in society than in politics. The people were divided into five distinct classes: gentlemen, who alone had the title Master (Mr.); skilled artisans and freeholders, the backbone of the colony, usually addressed as "Goodman Brown" or "Goodman Jones"; unskilled laborers, for whose names no handle was needed, and for whom indeed the surname was not often used; servants, who usually passed finally into the class of artisans or laborers: slaves, of whom there were soon a small number, both Negro and Indian. men Gentlemen were set apart from the lower orders almost as distinctly as Lords in England were from gentlemen. In early Massachusetts, one family out of fourSpecial teen belonged to this aristocracy. For ordinary privileges "people" to show subordination to these social of" gentlesuperiors was about as essential as to obey written law. And the law expressly gave some privileges to the aristocracy. For instance, in 1631, Mr. Josias Plaistowe was convicted of stealing corn from the Indians. His servants who had assisted, under orders were condemned to be flogged; but the court merely fined Plaistowe and ordered that thenceforward he should be called "by the name of Josias, and not Mr., as formerlie." This was severe punishment, equivalent to degrading an officer to the ranks. For another offense, Josias would no doubt be whipped, like an ordinary man. The aristocracy were always exempt from corporal punishment by custom; and in 1641 this exemption was put into written law. Ten years later the court declared its "utter detestation . . . that men or weomen of meane condition should take uppon them the garbe of gentlemen by wearing gold or silver lace or buttons . . . or to walk in great bootes, or woemen of the same rancke to weare silke or tiffany hoodes," and then proceeded to impose a fine of "tenn shillings for every such offense." The The franchise, too, was far from democratic. The voting "freemen" were a small part of the free men. The General Court of 1631, which admitted the first new freefranchise men, ordered that thereafter only church members should be made freemen. This did not mean that all church members could vote: it meant that voters were to be selected only from church members. Unskilled laborers, servants, even slaves, were admitted to the churches, but never to full citizenship. Only about one man out of four could vote at any time in colonial Massachusetts. III. DEVELOPMENT OF POLITICAL MACHINERY The Court of 1634 voted by ballot when it unseated Winthrop. We know this fact from the note, "chosen by papers," in the margin of Winthrop's manuscript, opposite the name of the new governor. "Papers were used as an aid to the democratic faction. A secret vote protected the voters from being overawed by Winthrop's influential friends. First po- This was the first political use of the ballot in America, though "papers" had been used once before in a church election at Salem. This method of voting, though not in use for parliamentary elections, was common in boroughs and in large business corporations in England.1 One of these business corporations had now become a political corporation in Massachusetts; and nothing could be more natural than for it to make use of the ballot as soon as serious differences of opinion arose. After 1635, law required the Court of Elections to use papers in choosing governor and Assistants. For governor Evolution of each voter wrote upon his ballot the name of his the ballot choice, or found some one to write it for him. But for some time the Assistants were chosen one at a time much in the old way. The Secretary nominated one of those already in office. Then the people deposited their ballots. 1 See page 36 for reference to the ballot in elections of the London Company. The "rules" of that body ordered that its elections should be by ballot. EVOLUTION OF THE BALLOT 83 Those in favor of the nomination marked their papers with a scroll or cross-which did not call for ability to write; those opposed voted blank ballots. In 1643 the law ordered that kernels of corn should be used instead of paper ballots, white kernels to signify election; and other colors, rejection. If the candidate were defeated, another nomination was made for his place, to be accepted or rejected in like manner. There was no opportunity, so far, to choose between two candidates, and the man in office still had a tremendous advantage. The next step was to introduce the ballot in town elections. This was done first at Boston, in December, 1634, when a committee was chosen to divide public lands among the inhabitants. The people, says Winthrop, "feared that the richer men would give the poorer sort no great proportions of land," and this time, too, they used the ballot to leave out the aristocratic element. In all these cases the advantage of the ballot lay in its secrecy. But there is another way in which the ballot aids democracy. Its use makes it possible for men to vote in their own towns, in small election districts instead of being required all to come to one central point. Such an arrangement permits more voters to take part in elections. Soon the men of Massachusetts used the ballot for this purpose. In March, 1636, the General Court ordered that the freemen of six new outlying towns might send "proxies" to the next Court of Elections. During the next December, the governor resigned, and a special election was called. "In regard of the season," any freemen were authorized "to send their votes in writing." And the next spring (March, 1637) this method of voting for governor and Assistants was made permanent. Out of the use of proxies a true ballot in the several towns had developed. When men came to elect the governor and Assistants in the several towns, as just described, instead of all coming to Boston for the purpose, it was necessary, of course, Nominations to know in advance from what names the choice was for office to be made. The old system of nomination broke down; and the colony began to make use, sometimes of "primary elections," sometimes of crude "nominating conventions" made up of delegates from the various towns. COLONIAL FIREPLACE AND UTENSILS, "BROAD HEARTH," SAUGUS. The house, built in 1646, was the home of the first iron founder in America, whose works were near by. Cf. page 72. Evolution of the judicial system Judicial development kept pace with political growth. In the first summer in Massachusetts, a man was found dead under suspicious circumstances. The magistrates appointed a body of sworn men to investigate. This coroner's jury accused a certain Palmer of murder. Palmer was then tried by a trial jury (petit jury) of twelve men. All this was in accord with custom in England. No Massachusetts law upon the matter had been passed. In 1634, however, the General Court did expressly establish trial by jury, and a year later it ordered that a jury of inquest (grand jury) should meet twice a year, to present to the court all offenders against law and public welfare. Thus the first five years saw the complete adoption of the THE "BODY OF LIBERTIES " 85 English jury system. It is said sometimes with much exaggeration — that in the absence of written law, the Puritans followed the Jewish law. But in this supremely important matter of legal machinery, they turned promptly not to the Old Testament but to the English Common Law. At the General Court in May, 1635, the deputies demanded a written code of law. The magistrates were making law, almost at will, in their decisions, after cases The demand came before them; and "the people thought their for written condition very unsafe," says Winthrop, "while so much power rested in the discretion of the magistrates.' The democratic demand could not very well be openly away in New England of children, from not any way no man law 1 Komans lifte shall be takin го NUMBER 1 Of the 'BODY OF LIBERTIES." The original manuscript is now in the Boston Athenæum. denied; but for a time it was evaded skillfully. The Court appointed four magistrates to prepare a code; but this committee failed to report. A second committee of "gentlemen" was equally ineffective. Then, in 1638, the Court ordered that the deputies should collect suggestions from the freemen of their several towns, and present them in writing to a new committee made up partly of deputies. Now matters began to move. The suggestions from the towns were reduced to form in 1639, and sent back for further consideration, "that the freemen might ripen their thought,” and make further suggestion. The next lot of returns were |