Massachusetts Body of Liberties
Encyclopedia
The Massachusetts
Body of Liberties was the first legal code established by European colonists in New England
. Compiled by the 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. When King James II
established the Massachusetts Colony the Body of Liberties took effect and remained so until it was replaced by the 1691 Provincial Charter
.
in America. Unlike many of the English sources of the time, the Body of Liberties were express in many of their grants and far more supportive of individual rights. Despite these 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.
In addition to those, the Body of Liberties also contained other individual rights, including: a prohibition of a compulsory draft
except for territorial defense; a general prohibition of monopolies, "but of such new Inventions that are profitable to the Countrie, and that for a short time"; prohibition of an estate tax; the freedom of all "house holders" to fishing and fowling on public lands.
Some of the liberties legislated are explicitly cited as originating from biblical sources. While many of the liberties established still exist in both and law and practice in the Commonwealth today, some do not.
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
Body of Liberties was the first legal code established by European colonists in New England
New England
New England is a region in the northeastern corner of the United States consisting of the six states of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, and Connecticut...
. Compiled by the Puritan
Puritan
The Puritans were a significant grouping of English Protestants in the 16th and 17th centuries. Puritanism in this sense was founded by some Marian exiles from the clergy shortly after the accession of Elizabeth I of England in 1558, as an activist movement within the Church of England...
minister Nathaniel Ward
Nathaniel Ward
Nathaniel Ward was a Puritan clergyman and pamphleteer in England and Massachusetts. He wrote the first constitution in North America in 1641....
, the laws were established by the Massachusetts General Court
Massachusetts General Court
The Massachusetts General Court is the state legislature of the Commonwealth of Massachusetts. The name "General Court" is a hold-over from the Colonial Era, when this body also sat in judgment of judicial appeals cases...
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
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
revoked the Body of Liberties and reinstated English law over the Commonwealth. When King James II
James II of England
James II & VII was King of England and King of Ireland as James II and King of Scotland as James VII, from 6 February 1685. He was the last Catholic monarch to reign over the Kingdoms of England, Scotland, and Ireland...
established the Massachusetts Colony the Body of Liberties took effect and remained so until it was replaced by the 1691 Provincial Charter
Province of Massachusetts Bay
The Province of Massachusetts Bay was a crown colony in North America. It was chartered on October 7, 1691 by William and Mary, the joint monarchs of the kingdoms of England and Scotland...
.
Rights granted by the Body of Liberties
The Body of Liberties was one of the earliest sources of individual rightsIndividual rights
Group rights are rights held by a group rather than by its members separately, or rights held only by individuals within the specified group; in contrast, individual rights are rights held by individual people regardless of their group membership or lack thereof...
in America. Unlike many of the English sources of the time, the Body of Liberties were express in many of their grants and far more supportive of individual rights. Despite these 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
United States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
. 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
Sixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...
, a right against cruel and unusual punishment, and a right against double jeopardy.
In addition to those, the Body of Liberties also contained other individual rights, including: a prohibition of a compulsory draft
Conscription
Conscription is the compulsory enlistment of people in some sort of national service, most often military service. Conscription dates back to antiquity and continues in some countries to the present day under various names...
except for territorial defense; a general prohibition of monopolies, "but of such new Inventions that are profitable to the Countrie, and that for a short time"; prohibition of an estate tax; the freedom of all "house holders" to fishing and fowling on public lands.
Some of the liberties legislated are explicitly cited as originating from biblical sources. While many of the liberties established still exist in both and law and practice in the Commonwealth today, some do not.