Whitmore's _Bibliographical Sketch of the Laws of the Massachusetts
Colony_ gives the text in facsimile.
For the history and significance, see _American History and
Government_, # 81. Cf. also No. 77, above. The starred numbers each
contain some important advance upon English custom or law of the
day, and italic type is used to call attention to provisions that
especially justify the name, =Body of Liberties=.
_A Coppie of the Liberties of the Massachusets Collonie in New England_
The free fruition of such liberties, Immunities, and priveledges, as
humanitie, Civilitie, and Christianitie call for as due to every man
in his place and proportion, without impeachment and Infringement,
hath ever bene and _ever will be the tranquillitie and Stabilitie of
Churches and Commonwealths. And the deniall or deprivall thereof, the
disturbance if not the ruine of both_....
Wee doe therefore this day religiously and unanimously decree and
confirme these following Rites, liberties, and priveledges concerneing
our Churches and Civill State, to be respectively impartiallie and
inviolably enjoyed and observed throughout our Jurisdiction for ever.
1. No mans life shall be taken away, no mans honour or good name shall
be stayned, no mans person shall be arested, restrayned, banished,
dismembred, nor any wayes punished, no man shall be deprived of his
wife or children, no mans goods or estaite shall be taken away from
him, nor any way indammaged under Coulor of law, or Countenance of
Authoritie, _unlesse it be by vertue or equitie of some expresse law of
the Country warranting the same, established by a generall Court and
sufficiently published_, or, _in case of the defect of a law_ in any
partecular case, by the word of god. _And in Capitall cases_, or in
cases concerning dismembring or banishment, _according to that word to
be judged by the Generall Court_.
*2. Every person within this Jurisdiction, whether Inhabitant or
forreiner shall enjoy the same justice and law, that is generall for
the plantation, which we constitute and execute one towards another,
without partialitie or delay.
* * * * *
5. No man shall be compelled to any publique worke or service unlesse
the presse be grounded upon some act of the generall Court, and [he]
have reasonable allowance therefore.
* * * * *
8. No mans Cattell or good of what kinde soever shall be pressed
or taken for any publique use or service, unlesse it be by warrant
grounded upon some act of the generall Court, nor without such
reasonable prices and hire as the ordinarie rates of the Countrie do
afford....
*9. No monopolies shall be granted or allowed amongst us, but of such
new Inventions that are profitable to the Countrie, and that for a
short time.
Public-domain text, read in full here on John Shaqi.
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