The Laws and Liberties of Massachusetts

The Laws and Liberties of Massachusetts, enacted in 1648, served as the basis for civil and criminal law in the colony until the eighteenth century. This code was a revision of a 1641 code known as The Body of Liberties, which was written by nathaniel ward, a Puritan minister and teacher. The Laws and Liberties reflect the Puritans' concern that members of the community should live a Christian life true to the principles of the sect. Laws were meant to guide the righteous and punish the wicked, but they were also to be administered fairly. Religious heresy was severely punished as were fornication, adultery, and other behavior that violated the moral teachings of the colonists. Nevertheless, the code mandated that individuals could not be punished or penalized without due process of law.

The Laws and Liberties of Massachusetts

To Our Beloved Brethren and Neighbours the Inhabitants of the Massachusetts, the Governour, Assistants and Deputies assembled in the General Court of that Jurisdiction with grace and peace in our Lord Jesus Christ

So soon as God had set up Political Government among his people Israel he gave them a body of laws for judgment both in civil and criminal causes. These were brief and fundamental principles, yet withall so full and comprehensive as out of them clear deductions were to be drawn to all particular cases in future times. For a Commonwealth without lawes is like a Ship without rigging and steeradge. Nor is it sufficient to have principles or fundamentalls, but these are to be drawn out into so many of their deductions as the time and conditions of that people may have use of. And it is very unsafe & injurious to the body of the people to put them to learn their duty and libertie from generall rules, nor is it enough to have lawes except they be also just. Therefore among other priviledges which the Lord bestowed upon his peculiar people, these he calls them specially to consider of, that God was neerer to them and their lawes were more righteous then other nations. God was sayd to be amongst them or neer to them because of his Ordinances established by himselfe, and their lawes righteous because himselfe was their Lawgiver: yet in the comparison are implyed two things, first that other nations had something of Gods presence amongst them. Secondly that there was also somewhat of equitie in their lawes, for it pleased the Father (upon the Covenant of Redemption with his Son) to restore so much of his Image to lost man as whereby all nations are disposed to worship God, and to advance righteousness: … They did by nature the things contained in the law of God. But the nations corrupting his Ordinances (both of Religion, and Justice) God withdrew his presence from them proportionably whereby they vvere given up to abominable lusts. … Wheras if they had vvalked according to that light & lavv of nature they might have been preserved from such moral evils and might have injoyed common blessing in all their natural and civil Ordinances: now, if it might have been so with the nations who were so much strangers to the Covenant of Grace, what advantage have they who have interests in this Covenant, and may injoye the special presence of God in the puritie and native simplicitie of all his Ordinances by which he is so neer to his owne people. This hath been no small priviledge, and advantage to us New-England that our Churches, and civil State have been planted and growne up (like two vines) together like that of Israel in the vvilderness by which we were put in minde (and had opportunity put into our hands) not only to gather our Churches, and set up the Ordinances of Christ Jesus in them according to the Apostolick patterne by such lights as the Lord graciously afforded us: but also withall to frame our civil Politie, and lawes according to the rules of his most holy word whereby each do help and strengthen other (the Churches the civil Authoritie, and the Civil Authoritie the Churches) and so both prosper the better without such emulation, and contention for priviledges or priority as have proved the misery (if not ruine) of both in other places.

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These Lawes which were made successively in divers former years, we have reduced under several heads in an alphabeticall method, that so they might the more readilye be found … wherin (upon every occasion) you might readily see the rule which you ought to walke by.

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You have called us from among the rest of our Bretheren and given us power to make the lawes: we must now call upon you to see them executed: remembring that old & true proverb, The execution of the law is the life of the law. If one sort of you viz: non-Freemen should object that you had no hand in calling us to this worke, and therfore think yourselvs not bound to obedience &c. Wee answer that a subsequent, or implicit consent is of like force in this case, as an express precedent power: for in puting your persons and estates into the protection and way of subsistance held forth and exercised within this Jursidiction, you doe tacitly submit to this Government and to all the wholesome lawes thereof[.]

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If any of you meet with some law that seemes not to tend to your particular benefit, you must consider that lawes are made with respect to the whole people, and not to each particular person: and obedience to them must be yielded with respect to the common welfare, not to thy private advantage, and as thou yeildest obedience to the law for common good, but to thy disadvantage: so another must observe some other law for thy good, though to his own damage; thus must we be content to bear one anothers burden and so fullfill the Law of Christ.

That distinction which is put between the Lawes of God and the lawes of men, becomes a snare to many as it is mis-applyed in the ordering of their obedience to civil Authoritie; for when the Authoritie is of God and that in way of an Ordinance … and when the administration of it is according to deductions, and rules gathered from the word of God, and the clear light of nature in civil nations, surely there is no humane law that tendeth to common good (according to those principles) but the same is mediately a law of God, and that in way of an Ordinance which all are to submit unto and that for conscience sake….

the book of the general lavves and libertyes concerning &c:

Forasmuch as the free fruition of such Liberties, Immunities, priviledges as humanitie, civilitie & christianity call for as due to everie man in his place, & proportion, without impeachment & infringement hath ever been, & ever will be the tranquility & stability of Churches & Comonwealths; & the deniall or deprivall thereof the disturbance, if not ruine of both:

It is therefore ordered by this Court, & Authority thereof, That no mans life shall be taken away; no mans honour or good name shall be stayned; no mans person shall be arrested, restrained, bannished, dismembered nor any wayes punished; no man shall be deprived of his wife or children; no mans goods or estate shal be taken away from him; nor any wayes indamaged under colour of Law or countenance of Authoritie unless it be by the vertue or equity of some expresse law of the Country warranting the same established by a General Court & sufficiently published; or in case of the defect of a law in any particular case by the word of God. And in capital cases, or cases concerning dismembring or banishment according to that word to be judged by the General Court.