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Origins_051-100.indd 92 2/17/12 6:23 PM 25 [Massachusetts Ordinance on the Legislature] November IJ, I644 T,s is a comprehensive ordinance altering the size and mode of 1 ;;~cting the legislature (see documents IO, I4, and 24 for the originalformation ofthis legislature and intervening alterations). Note that even though this is an ordinance passed by the legislature, it must be approved by the electorate before it becomes law-"ifthe freeman shallaccept therof{this ordinance]... assenting or dissenting to this proposition. "Also note that the magistrates are elected by aggregating the votes ofall the individual electors in the colony, while the deputies are elected by aggregating the votesfor each town. In this way, the deputies represent their respective town while the magistrates represent the entire colony (see the Fundamental Orders ofConnecticut , I639 [43] for a similar distinction). In the US. Constitution the House ofRepresentatives will be elected by localities and the Senate by statewide electorates. Although the theoreticalgroundingfor the nationalpractice will be different than for colonial legislatures, the institutional design was developed during the colonial era on practicalgrounds andjustified later. It is ordered, that the freemen of this jurisdiction shall meete in their severall townes within two months after the date hereof, to consider ofwhom they would nominate to be put to vote upon the day of election of newe magistrates, to the number of seaven, at which meeting every freeman shall have liberty to put in his vote for whom hee thinketh fit, all which votes shal be sealed up at that meeting, & sent by some one or two (whom they shall choose) to the sheire townes in each sheire, upon the last 5th day of the last month, at which meeting the said selectmen of every towne (by whom the votes being brought) shall not have power to open them, being sealed up, as before, but shall choose one or two from amongst themselves, by whom 92 Origins_051-100.indd 93 2/17/12 6:23 PM Ordinance on the Legislature they shall send the aforesaid votes, being all sealed up in one paper, unto Boston, on the last third day of the first month, at which meeting there shal be two magistrates, before whom the proxies shal be opened & sorted; & those persons nominated for magistrates that have most votes, to the number ofseaven, shal be they that shal be put to vote at the day ofelection; & that such as have most votes to be first nominated & put to election, that the freemen may know for whom to send in their proxies. The select men of every sheire, being at this meeting, shall take care to send to the aforesaid selectmen ofevery towne whom they be that are to be put to vote, which select men of every towne shall call a meeting of their townes, & acquaint them whom they are, that so the freemen may have time to consider ofthem, & send in their proxies accordingly; & no other shal be put to vote but such as are agreed upon, as before. Whereas wee haveing found by experience that the charge of this Generall Court groweth very great & burthensome, in regard of the continuall increase of deputies sent unto the same, & further farseeing that as townes increase the number wil be still augmented, to the unsupportable burthen of this common wealth; as also it being thought a matter worthy the trial!, dureing the standing of this order, to have the use of the negative vote forborne , both by magistrates & deputies, the premisses considered, it is declared by the Court, (if the freemen shall accept thereof,) that a tryall shal be made for one yeare ensuing the day ofelection next, by choyce of twenty deputies out of the severall shires to equall the number of magistrates chosen upon the day of election, the choyce of them to be thus divided: Suffolke chall choose sixe, Middlesex sixe, & Essex & Norfolk, being joyned in one, shall chose eight; and further, to the end the ablest gifted men may be made use ofin so weighty a worke, it shal be at the liberty of the freemen to choose them, in their own sheires, or elsewhere, as they shall see best, the choyce to be after this manner: the freemen of each shire, meeting in their owne severall townes together within two months next following, shall there give in their severall votes for so many deputies as belong unto their sheire to choose, which votes shal be forthwith sealed up, & one or two chosen to carry them sealed to their...

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