Appendix- a Coppie of the Liberties of the Massachusets Colonie in New England

• Jurisdiction: United States,Federal
• Citation: Vol. 10 No. 03
• Publication year: 1987

UNIVERSITY OF PUGET SOUND LAW REVIEWVolume 10, No. 3SPRING 1987

Appendix- A Coppie of the Liberties of the Massachusets Colonie in New England(fn*)

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 [every man is created equal]; 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 mine of both [and what distinguished tyrannical from free government].

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 ["consent of the governed"].

We do therefore this day religiously and unanimously decree and confime these following Rites, liberties, and priviledges concerning our Churches, and Civill State to be respectivly impartiallie and inviolably enjoyed and observed throughout our Jurisdiction for ever.

1. [Due-process clause] 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 good 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 waranting the same, established by a generall Court and sufficiently published, or in case of the defect of a law in any particular case by the word of god . . . .

2. [Equal-protection clause] 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 par-tialitie or delay.

18. [Fifth and Eighth Amendments] No person shall be restrained or imprisoned by by Authority what so ever, before the law hath sentenced him thereto, If he can put in sufficient securitie, bayle, or mainprise, for his appearance, and good behaviour in the meane time, unlesse it be in Crimes...