The following extracts come from a code (much resembling a bill
of rights) drawn up for Plymouth Colony in 1636 by the first
representative gathering of that colony. Cf. _American History and
Government_, # 54.
1.--WEE the associates of the Colony of New-Plymouth, coming hither
as free born subjects of the kingdom of England, endowed with all and
singular the priveleges belonging to such: Being assembled,
Do enact, ordain and constitute; that no act, imposition, law or
ordinance be made or imposed on us at present, or to come, but such as
shall be enacted by consent of the body of freemen or associates, or
their representatives legally assembled; which is according to the free
liberties of the free born people of England.
2.--And for the well governing this Colony: It is also resolved
and ordered, that there be a free election annually of Governor,
Deputy Governor, and assistance, by the vote of the freemen of this
corporation....
4.--It is also enacted, that no person in this government shall suffer
or be indamaged, in respect of life, limb, liberty, good name or
estate, under color of law, or countenance of authority, but by virtue
or equity of some express law of the general court of this Colony, or
the good and equitable laws of our Nation, suitable for us, in matters
which are of a civil nature (as by the court here hath been accustomed)
wherein we have no particular law of our own. And that none shall
suffer as aforesaid, without being brought to answer by due course and
process of Law.
5.--And that all cases, whether capital, criminal, or between man and
man, be tried by a jury of twelve good and lawful men, according to the
commendable custom of England, except where some express law doth refer
it to the judgement of some other judge or inferior court where jury is
not; in which case also any party aggrieved, may appeal and have trial
by a jury.
And it shall be in the liberty of any person, that is to be tried by a
jury to challenge any of the jurors, and if the challenge be found just
and reasonable by the bench, it shall be allowed; and others without
just exception shall be impanelled in their room: And if it be in case
of life and death, the prisoner shall have liberty (according to the
law of England) to except against twenty of the jury without giving any
reason for the same.
* * * * *
Public-domain text, read in full here on John Shaqi.
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