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22 CITIZENSHIP AND SUFFRAGE IN MARYLAND.
its Constitution, and the wide meaning given to the word freeman is shown by
tile fact that, in 1642, when Thomas Weston' pleaded "lie was no freeman,
because he had no land nor certain holdings," the Legislature decided lie
was
a freeman and must appear in the Assembly in person, or by proxy.
This shows the Constitution of the primitive Maryland Assemblies, which
were true,fbllt-motes, and not representative bodies. The records of the
first
Legislature' are lost, but the warrant for the second one,:' sent to Captain
Evelyn, directed him " to endeavor to persuade such and so many of the
said freemen, as you shall think fitt, to repair personally to the said
Assem-
bly F ~ * and to give free power and liberty to all the rest of the said
freemen, either to be present at the said Assembly, if they so please, or
otherwise to elect and nominate such and so many persons, as they, or the
major part of them, so assembled, shall agree upon, to be the Deputies or
Burgesses." In the latter case, the votes were to be put on record and
brought to the Secretary' of the Province. To this Assembly some came,
others sent proxies, and yet others were absent without representation.
During the session, some who had given proxies revoked them and sat in
person.
The third Assembly5 saw the introduction of the representative idea.
Writs of election, sent to the several hundreds, superseded writs of
summons.
The number of "discreet, honest men," to be sent as Deputies from each, was
specified: one, "two, or more." The viva voce vote of the "major part" of
the freemen should elect and all voters present should sign the return. ``
Compensation to Burgesses should be provided by the freemen they repre-
sented. The Governor still retained the right to summon, personally,
members:
of the Council, lords of manors and other important persons. A strange
fact` ' ' F
is that, at this Assembly, two men claimed the right to sit in person, on
the
ground that they did not assent to the election of the Burgesses from their
hundred.' These -two were men of some prominence in the Colony and this
may partly account for their claim being allowed. Such an action,
calculated `;: '.
to allow a small minority to dominate the Assembly, was not repeated.
- At this Assembly, too, the first general election law-' was proposed"
-,-111d,
thou;li this was not passed, a clause in the general Act, ordaining laws for
the government, provided that the Lieutenmit-Governor, Secretary,
gentlemen t s
summoned by special writ, and one or two Burgesses from each hundred, and
such other freemen (not having consented to any of the elections aforesaid)
should constitute the General Assembly.9
r
(1) Assembly 1, 170.
(2) Ifeld in 1634-5.
(3) Held Jan., 1637-8. Assembly I, 1.
(41 Apr., 1669 returns to be sent to Chancery Court. Assembly II. 155.
After an interval, during which they
were sent to the Chancellor, they are now aeai~i sent to the Secretary of
State and to the Governor.
(51 field Feb., 1638-9. ssembly I, 27. "i
(6) Assembly, I, p. 3?.
(7) St. Mary's.
(8) Assembly I, 74. It provided that the Commander or high Constable of
each hundred, or the Sheriff of the
County. should summon the freemen to choose Burgesses.
(9) Assembly I, 84.
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