The Massachusetts Body of Liberties was the first legal code established in New England, compiled by Puritan minister Nathaniel Ward. The laws were established by the Massachusetts General Court in 1641. The Body of Liberties begins by establishing the exclusive right of the General Court to legislate and dictate the “Countenance of Authority”.
| The Liberties of the Massachusets Collonie in New England | |
|---|---|
 | |
| Type | Legal Code |
| Context | Puritan migration to New England (1620–1640) |
| Drafted | 1641 |
| Expiration | 1684 |
| Ratifiers | Great and General Court of Massachusetts |
The Massachusetts Body of Liberties was the first legal code established in New England, compiled by Puritan minister Nathaniel Ward. The laws were established by the Massachusetts General Court in 1641. The Body of Liberties begins by establishing the exclusive right of the General Court to legislate and dictate the "Countenance of Authority".
In 1684, King Charles II revoked the Body of Liberties and reinstated English law over the Commonwealth. King James II established the Massachusetts Colony, and the Body of Liberties took effect and remained so until it was replaced by the 1691 Provincial Charter.[1]
Though towns such as Dedham and Watertown had already established them, the Body of Liberties recognized boards of selectmen for the first time.[2]
Rights acknowledged
The Body of Liberties was one of the earliest protections of individual rights in America.[3] Unlike many of the English sources of the time, the Body of Liberties was express in many of its grants and far more supportive of individual rights.[3] Despite the grants, the rights were modifiable by the General Court.
To varying degrees, the document contained rights that would later be included in the Bill of Rights. Many of the other rights are now considered fundamental components of procedural due process, such as rights to notice and hearing before the court. The rights also contained in the Bill of Rights included freedom of speech, a right against uncompensated takings, a right to bail, a right to jury trial, a right against cruel and unusual punishment, and a right against double jeopardy.[3]
There is a partial prohibition of monopolies:
References
- ↑ Encyclopedia of American civil liberties, Volume 1, Ed. Paul Finkelman, entry written by Sherrow Pinder, CRC Press, 2006, ISBN 0-415-94342-6, page 979.
- ↑ Lockridge, Kenneth A.; Kreider, Alan (1966). "The Evolution of Massachusetts Town Government, 1640 to 1740". The William and Mary Quarterly. 23 (4): 549–574. doi:10.2307/1919125. JSTOR 1919125.
- 1 2 3 Bernard Schwartz, The great rights of mankind: a history of the American Bill of Rights, Rowman & Littlefield, 1992, 0945612281, page 51.
- 1 2 3 The Massachusetts Body of Liberties (1641) at Hanover Historical Texts Project.
- ↑ Belden C. Lane (21 April 2011). Ravished by Beauty: The Surprising Legacy of Reformed Spirituality. Oxford University Press. ISBN 9780199831685. Retrieved April 19, 2016.
- ↑ Gallay, Alan (2002). The Indian Slave Trade: The Rise of the English Empire in the American South 1670–1717. New York: Yale University Press. ISBN 0-300-10193-7, pp. 7, 299–320.
- ↑ Kelley, Sean M. (Winter 2021). "Massacre at Portudal?: Reexamining the Rainbow, Boston's First Transatlantic Slaving Voyage, 1644–45". Historical Journal of Massachusetts. 49 (1). Institute of Massachusetts Studies: 82–109. ISSN 0276-8313. ProQuest 2509382076. Retrieved 20 March 2024.
- ↑ https://www.mass.gov/guides/massachusetts-constitution-and-the-abolition-of-slavery