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Massachusetts Body of Liberties 15 The Massachusetts Body of Liberties December 1641 The Puritan leader and former lawyer Nathaniel Ward proposed this code summarizing and systematizing laws already enacted in Massachusetts. Based on principles derived from biblical, or Mosaic, law and England’s common, or judge-made, law, this code intentionally served as a check on political power. It forbade the authorities to take certain actions against individuals and set forth judicial and other procedures intended to protect them in their property and customary actions. The Massachusetts Body of Liberties is generally seen as an important source of rights recognized in the first ten amendments to the American Constitution, or Bill of Rights. The Massachusetts 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. We hould it therefore our dutie and safetie whilst we are about the further establishing of this Government to collect and expresse all such freedomes as for present we foresee may concerne us, and our posteritie after us, And to ratify them with our sollemne consent. 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 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. 3. No man shall be urged to take any oath or subscribe any articles, covenants or remonstrance, of a publique and Civill nature, but such as the Generall Court hath considered , allowed, and required. 4. No man shall be punished for not appearing at or before any Civill Assembly, Court, Councell, Magistrate, or officer, nor for the omission of any office or service, if he shall be necessarily hindred, by any apparent Act or providenc of god, which he could neither foresee nor avoid. Provided that this law shall not prejudice any person of his just cost or damage in any civill action. 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 have reasonable allowance therefore. 6. No man shall be pressed in person to any office, worke, warres, or other publique service, that is necessarily and suffitiently exempted by any naturall or personall impediment , as by want of yeares, greatnes of age, defect of minde, fayling of sences, or impotencie of Lymbes. 7. No man shall be compelled to goe out of the limits of this plantation upon any offensive warres which this Commonwealth or any of our freinds or confederats shall volentarily undertake. But onely upon such vindictive and defensive warres in our owne behalfe, or the behalfe of our freinds, and confederats as shall be enterprized by the Counsell and consent of a Court generall, or by Authority derived from the same. 8. No mans Cattell or goods of what kinde soever shall 16 colonial settlements and societies 1. Provision of military equipment by a fief.—Ed. 2. Maintenance allowance provided by a fief.—Ed. 3. A tax paid by the eldest to retain title to property.—Ed. 4. Inheritance tax.—Ed. be pressed or taken for any publique use or...

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