Colonial Origins of the American Constitution

20. Pilgrim Code of Law, November 15, 1636

Origins_051-100.indd 61 2/17/12 6:23 PM 20 [Pilgrim Code of Law] November I5, I636 M ch more than a code ofLaw, this document Lays out the fUndamentaL vaLues andpoLiticaLinstitutions ofthe community and is a candidatefor the honor ofbeing thefirst true written constitution in the modern worLd. It was revised in I658 and then again in I6JI. The text shouLd be read carefuLLy, in the context ofearLier documents. On the one hand, the PiLgrim Code ofLaw reflects the attempt to recreate LocaLLy the EngLish parLiamentary form in a manner consistent with theprovisions ofits charterfrom the king. On the other hand, the quiet assumption ofLocaLpopuLar sovereignty, reflected in an eLectedgovernor as weLL as in the incLusion ofthe PLymouth Agreementand the covenantaL eLements, is consistent with the evoLving coLoniaLpoLiticaLsymboLsgoing back to the Mayflower Compact . The bLending ofEngLish andAmerican forms wiLL continue to characterize American constitutionaLism. OfparticuLar note, PLymouth CoLony is by this time composed ofseveraL separate towns, so the document aLso estabLishes afederaL system ofgovernment among those towns whereby each town continues to have its own assembLy andofficiaLs at the same time there exists an eLected coLony-widegovernment as described here. "\VJhereas, at his Majesty's court held the fourth and fifth ofOctober in \'\' the twelfth year of the reign of our sovereign lord Charles, by the grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, etc., it was ordered that Major William Brewster, Major Ralph Smith, Major John Done, and John Jenny for the town of Plymouth, Jonathan Brewster and Christopher Wadsworth for Duxborough, and James Cudworth and Anthony Annable for Scittuate should be added to the governor and assistants as committees for the whole body of this common- Origins_051-100.indd 62 2/17/12 6:23 PM MASSACHUSETTS weal, should meet together the 15th of November at Plymouth, abovementioned , and there to peruse all the laws, orders, and constitutions of the plantations within this government that so those that are still fitting might be established, those that time has made unnecessary might be rejected , and others that were wanting might be prepared that so the next court they might be established. Now being assembled according to the said order, and having read the combination made at Cape Cod the mh of November 1620 in the year of the reign ofour late sovereign lord King James ofEngland, France, Ireland, the eighteenth, and of Scotland the fifty-fourth, as also our letters patents confirmed by the honorable council, his said Majesty established and granted the 13th ofJanuary 1629 in the fifth year of the reign of our sovereign lord King Charles, and finding that, as freeborn subjects of the state ofEngland, we hither came endowed with all and singular the privileges belonging to such, in the first place we think good that it be established for an act that, according to the ... and due privileges of the subject aforesaid, no imposition , law, or ordinance be made or imposed upon us by ourselves or others at present or to come but such as shall be made or imposed by consent, according to the free liberties ofthe state and kingdom ofEngland and no otherwlse . That whereas, before expressed, we find a solemn and binding combination as also letters patent derivatory from his Majesty ofEngland, our dread sovereign, for the ordering ofa body politic within the several limits of this patent, viz., from Cowahasset to the utmost bounds of Puckanokick westward , and all that tract of land southward to the southern ocean, with all and singular lands, rivers, havens, waters, creeks, ports, fishing, fowlings, etc., by virtue whereofwe ordain, institute, and appoint the first Tuesday in March every year for the election of such officers as shall be thought meet for the guiding and government of this corporation. This is altered afterwards to the first Tuesday in June yearly by a general court. That at the day and time appointed a governor and seven assistants be chosen to rule and govern the said plantations within the said limits for one whole year and no more; and this election to be made only by the freemen according to the former custom. And that then also constables for each part and other inferior officers be also chosen. That in every election some one of the assistants, or some other suffi- Origins_051-100.indd 63 2/17/12 6:23 PM Pilgrim Code ofLaw cient person, be...