John Locke, A Letter concerning Toleration
1689
Montuori 17--25, 31--33, 45, 55, 65--69, 89, 91, 93
Now that the whole jurisdiction of the magistrate reaches only to these civil concernments, and that all civil power, right, and dominion, is bounded and confined to the only care of promoting these things; and that it neither can nor ought in any manner to be extended to the salvation of souls, these following considerations seem unto me abundantly to demonstrate.
Whereas the constitution or form of government agreed to and resolved upon by the freemen of this country, met in congress, the twenty-sixth day of March, one thousand seven hundred and: seventy-six, was temporary only, and suited to the situation of their public affairs at that period, looking forward to an accommodation with Great Britain, an event then desired; and whereas the United Colonies of America have been since constituted independent States, and the political connection heretofore subsisting between them and Great Britain entirely dissolved by the declaration of the honorable the Continental Congress, dated the fourth day of July, one thousand seven hundred and seventy-six, for the many great and weighty reasons therein particularly set forth: It therefore becomes absolutely necessary to frame a constitution suitable to that great event.
Whereas the Lords Spiritual and Temporal and Commons assembled at Westminster, lawfully, fully and freely representing all the estates of the people of this realm, did upon the thirteenth day of February in the year of our Lord one thousand six hundred eighty-eight [old style date] present unto their Majesties, then called and known by the names and style of William and Mary, prince and princess of Orange, being present in their proper persons, a certain declaration in writing made by the said Lords and Commons in the words following, viz.:
December 10, 1641
The free fruition of such liberties Immunities and privileges as humanity, Civility, and Christianity call for as due to every man in his place and proportion without impeachment and Infringement has ever been and ever will be the tranquillity and Stability of Churches and Commonwealths. And the denial or deprival thereof, the disturbance if not the ruin of both.
We hold it therefore our duty and safety while we are about the further establishing of this Government to collect and express all such freedoms as for present we foresee may concern us, and our posterity after us, And to ratify them with our solemn consent.
We do therefore this day religiously and unanimously decree and confirm these following Rites, liberties and privileges concerning our Churches, and Civil State to be respectively impartial and inviolably enjoyed and observed throughout our Jurisdiction for ever.
1. No man's life shall be taken away, no man's honor or good name shall be stained, no man's person shall be arrested, restrained, banished, dismembered, nor any wages punished, no man shall be deprived of his wife or children, no man's goods or estate shall be taken away from him, nor any way damaged under color of law or Countenance of Authority, unless it be by virtue or equity of some express law of the Country warranting the same, established by a general Court and 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 in cases concerning dismembering or banishment, according to that word to be judged by the General Court.
2. Every person within this Jurisdiction, whether Inhabitant or foreigner shall enjoy the same justice and law, that is general for the plantation, which we constitute and execute one towards another without partiality or delay.
3. No man shall be urged to take any oath or subscribe any articles, covenants or remonstrance, of a public and Civil nature, but such as the General Court hath considered, allowed, and required.
4. No man shall be punished for not appearing at or before any Civil Assembly, Court, Council, Magistrate, or Officer, nor for the omission of any office or service, if he shall be necessarily hindered by any apparent Act or providence of God, which he could neither foresee nor avoid. Provided that this law shall not prejudice any person of his just cost or damage, in any civil action.
5. No man shall be compelled to any public work or service unless the press be grounded upon some act of the general Court, and have reasonable allowance therefore.
6. No man shall be pressed in person to any office, work, wars or other public service, that is necessarily and sufficiently exempted by any natural or personal impediment, as by want of years, greatness of age, defect of mind, failing of senses, or impotence of Limbs.
7. No man shall be compelled to go out of the limits of this plantation upon any offensive wars which this Commonwealth or any of our friends or confederates shall voluntarily undertake. But only upon such vindictive and defensive wars in our own behalf or the behalf of our friends and confederates as shall be enterprised by the Council and consent of a Court general, or by Authority derived from the same.
8. No man's Cattle or goods of any kind shall be pressed or taken for any public use or service, unless it be by warrant grounded upon some act of the general Court, nor without such reasonable prices and hire as the ordinary rates of the Country do afford. And if his Cattle or goods shall perish or suffer damage in such service, the owner shall be sufficiently recompensed.
9. No monopolies shall be granted or allowed among us, but of such new Inventions that are profitable to the Country, and that for a short time.
10. All our lands and heritages shall be free from all fines and licenses upon Alienation, and from all hariotts, wardships, Liveries, Primerseisins, year day and wast, Escheats, and forfeitures, upon the deaths of parents or Ancestors, be they natural, causal or Judicial.
11. All persons which are of the age of 21 years, and of right understanding and memories, whether excommunicate or condemned shall have full power and liberty to make there wills and testaments, and other lawful alienation of their lands and estates.
12. Every man whether Inhabitant or foreigner, free or not free shall have liberty to come to any public Court, Council, or Town meeting, and either by speech or writing to move any lawful, seasonable, and material question, or to present any necessary motion, complaint, petition, Bill or information, whereof that meeting hath proper cognizance, so it be done in convenient time, due order, and respective manner.
13. No man shall be assessed here for any estate or revenue he has in England, property or in any foreign parts till it be transported hither.
14. Any Conveyance or Alienation of land or other estate whatsoever, made by any woman that is married, any child under age, Idiot or distracted person, shall be good if it be passed and ratified by the consent of a general Court.
15. All Covinous or fraudulent Alienation or Conveyances of lands, tenements, or any hereditaments, shall be of no validity to defeat any man from due debts or legacies, or from any just title, claim or possession, of that which is so fraudulently conveyed.
16. Every Inhabitant that is an house holder shall have free fishing and fowling in any great ponds and Bays, Coves and Rivers, so far as the sea ebbs and flows within the precincts of the town where they dwell, unless the free men of the same Town or the General Court have otherwise appropriated them, provided that this shall not be extended to give leave to any man to come upon others propriety without there leave.
17. Every man of or within this Jurisdiction shall have free liberty, notwithstanding any Civil power to remove both himself, and his family at their pleasure out of the same, provided there be no legal impediment to the contrary.
Rights, Rules and Liberties concerning Judicial proceedings.
18. No man's person shall be restrained or imprisoned by any Authority whatsoever, before the law has sentenced him thereto, If he can put in sufficient security, bail or mainprise, for his appearance, and good behavior in the mean time, unless it be in Crimes Capital, and Contempts in open Court, and in such cases where some express act of Court dos allow it.
19. If in a general Court any miscarriage shall be among the Assistants when assistants and they are by themselves that may deserve an Admonition or fine under 20 sh. it shall be examined and sentenced among themselves, If among the Deputies when they are by themselves, It shall be examined and sentenced among themselves, If it be when the whole Court is together, it shall be judged by the whole Court, and not severally as before.
20. If any which are to sit as Judges in any other Court shall demean themselves offensively in the Court, the rest of the Judges present shall have power to censure him for it, if the cause be of a high nature it shall be presented to and censured at the next superior Court.
21. In all cases where the first summons are not served six days before the Court, and the cause briefly specified in the warrant, where appearance is to be made by the party summoned, it shall be at his liberty whether he will appear or no, except all cases that are to be handled in Courts suddenly called, upon extraordinary occasions, In all cases where there appears present and urgent cause Any Assistant or officer appointed shall have power to make out Attachments for the first summons.
22. No man in any suit or action against an other shall falsely pretend great debts or damages to vex his Adversary, if it shall appear any does so, The Court shall have power to set a reasonable fine on his head.
23. No man shall be adjudged to pay for detaining any debt from any Creditor above eight pounds in the hundred for one year, And not above that rate proportionable for all sums what so ever, neither shall this be a color or countenance to allow any usury amongst us contrary to the law of god.
24. In all Trespasses or damages done to any man or men, If it can be proved to be done by the mere default of him or them to whom the trespass is done, It shall be judged no trespass, nor any damage given for it.
25. No Summons pleading Judgement, Or any kind of proceeding in Court or course of Justice shall be abated, arrested or reversed upon any kind of circumstantial errors or mistakes, If the person and cause be rightly understood and intended by the Court.
26. Every man that finds himself unfit to plead his own cause in any Court shall have Liberty to employ any man against whom the Court does not except, to help him, Provided he give him no fee or reward for his pains. This shall not exempt the party himself from Answering such Questions in person as the Court shall think meet to demand of him.
27. If any plaintiff shall give into any Court a declaration of his cause in writing, The defendant shall also have liberty and time to give in his answer in writing, And so in all further proceedings between party and party, So it doth not further hinder the dispatch of Justice then the Court shall be willing unto.
28. The plaintiff in all Actions brought in any Court shall have liberty to withdraw his Action, or to be nonsuited before the Jury hath given in their verdict, in which case he shall always pay full cost and charges to the defendant, and may afterwards renew his suite at an other Court if he please.
29. In all Actions at law it shall be the liberty of the plaintiff and defendant by mutual consent to choose whether they will be tried by the Bench or by a Jury, unless it be where the law upon just reason hath otherwise determined. The like liberty shall be granted to all persons in Criminal cases.
30. It shall be in the liberty both of plaintiff and defendant, and likewise every delinquent (to be judged by a Jury) to challenge any of the Jurors. And if his challenge be found just and reasonable by the Bench, or the rest of the Jury, as the challenger shall choose it shall be allowed him, and tales de circumstantibus impaneled in their room.
31. In all cases where evidence is so obscure or defective that the Jury cannot clearly and safely give a positive verdict, whether it be a grand or petit Jury, It shall have liberty to give a non suit, or a special verdict, in which last, that is in a special verdict, the Judgment of the cause shall be left to the Court, and all Jurors shall have liberty in matters of fact if they cannot find the main issue, yet to find and present in their verdict so much as they can, If the Bench and Jurors shall so differ at any time about their verdict that either of them cannot proceed with peace of conscience the case shall be referred to the General Court, who shall take the question from both and determine it.
32. Every man shall have liberty to replevy his Cattle or goods impounded, distrained, seised, or extended; unless it be upon execution after Judgment, and in payment of fines. Provided he puts in good security to prosecute his replevin, And to satisfy such demands as his Adversary shall recover against him in Law.
33. No man's person shall be Arrested, or imprisoned upon execution or judgment for any debt or fine, If the law can find competent means of satisfaction otherwise from his estate, and if not his person may be arrested and imprisoned where he shall be kept at his own charge, not the plaintiff's till satisfaction be made: unless the Court that had cognizance of the cause or some superior Court shall otherwise provide.
34. If any man shall be proved and Judged a common Barrator vexing others with unjust frequent and endless suites, It shall be in the power of Courts both to deny him the benefit of the law, and to punish him for his Barratry.
35. No man's Corn nor hay that is in the field or upon the Cart, nor his garden stuff, nor any thing subject to present decay, shall be taken in any distress, unless he that takes it does presently bestow it where it may not be embezzled nor suffer spoil or decay, or give security to satisfy the worth thereof if it comes to any harm.
36. It shall be in the liberty of every man cast condemned or sentenced in any cause in any Inferior Court, to make their Appeal to the Court of Assistants, provided they tender their appeal and put in security to prosecute it before the Court be ended wherein they were condemned, And within six days next ensuing put in good security before some Assistant to satisfy what his Adversary shall recover against him; And if the cause be of a Criminal nature, for his good behavior, and appearance, And every man shall have liberty to complain to the General Court of any Injustice done him in any Court of Assistants or other.
37. In all cases where it appears to the Court that the plaintiff has willingly and wittingly done wrong to the defendant in commencing and prosecuting any action or complaint against him, They shall have power to impose upon him a proportionable fine to the use of the defendant, or accused person, for his false complaint or clamor.
38. Every man shall have liberty to Record in the public Roles of any Court any Testimony given upon oath in the same Court, or before two Assistants, or any deed or evidence legally confirmed there to remain in perpetuum rei memoriam, that is for perpetual memorial or evidence upon occasion.
39. In all actions both real and personal between party and party, the Court shall have power to respite execution for a convenient time, when in their prudence they see just cause so to do.
40. No Conveyance, Deed, or promise whatsoever shall be of validity, If it be gotten by Illegal violence, imprisonment, threatenings, or any kind of forcible compulsion called Duress.
41. Every man that is to Answer for any Criminal cause, whether he be in prison or under bail, his cause shall be heard and determined at the next Court that hath proper Cognizance thereof, And may be done without prejudice of Justice.
42. No man shall be twice sentenced by Civil Justice for one and the same Crime, offense, or Trespass.
43. No man shall be beaten with above 40 stripes, nor shall any true gentleman, nor any man equal to a gentleman be punished with whipping, unless his crime be very shameful, and his course of life vicious and profligate.
44. No man condemned to die shall be put to death within four days next after his condemnation, unless the Court see special cause to the contrary, or in case of martial law, nor shall the body of any man so put to death be unburied 12 hours, unless it be in case of Anatomy.
45. No man shall be forced by Torture to confess any Crime against himself nor any other unless it be in some Capital case where he is first fully convicted by clear and sufficient evidence to be guilty, After which if the cause be of that nature, That it is very apparent there be other conspirators, or confederates with him, Then he may be tortured, yet not with such Tortures as be Barbarous and inhumane.
46. For bodily punishments we allow among us none that are inhumane Barbarous or cruel.
47. No man shall be put to death without the testimony of two or three witnesses or that which is equivalent thereunto.
48. Every Inhabitant of the Country shall have free liberty to search and view any Roles, Records, or Registers of any Court or office except the Council, And to have a transcript or exemplification thereof written examined, and signed by the hand of the officer of the office paying the appointed fees therefore.
49. No free man shall be compelled to serve upon Juries above two Courts in a year, except grand Jury men, who shall hold two Courts together at the least.
50. All Jurors shall be chosen continually by the freemen of the Town where they dwell.
51. All Associates selected at any time to Assist the Assistants in Inferior Courts shall be nominated by the Towns belonging to that Court, by orderly agreement among themselves.
52. Children, Idiots, Distracted persons, and all that are strangers, or new comers to our plantation, shall have such allowances and dispensations in any Cause whether Criminal or other as religion and reason require.
53. The age of discretion for passing away of lands or such kind of hereditaments, or for giving of votes, verdicts or Sentence in any Civil Courts or causes, shall be one and twenty years.
54. Whensoever anything is to be put to vote, any sentence to be pronounced, or any other matter to be proposed, or read in any Court or Assembly, If the president or moderator thereof shall refuse to perform it, the Major part of the members of that Court or Assembly shall have power to appoint any other meet man of them to do it, And if there be just cause to punish him that should and would not.
55. In all suites or Actions in any Court, the plaintiff shall have liberty to make all the titles and claims to that he sues for he can. And the Defendant shall have liberty to plead all the pleas he can in answer to them, and the Court shall judge according to the entire evidence of all.
56. If any man shall behave himself offensively at any Town meeting, the rest of the freemen then present, shall have power to sentence him for his offence. So be it the mulct or penalty exceed not twenty shillings.
57. Whensoever any person shall come to any very sudden untimely and unnatural death, Some assistant, or the Constables of that Town shall forthwith summon a Jury of twelve free men to inquire of the cause and manner of their death, and shall present a true verdict thereof to some near Assistant, or the next Court to be held for that Town upon their oath.
Liberties more peculiarly concerning the free men.
58. Civil Authority hath power and liberty to see the peace, ordinances and Rules of Christ observed in every church according to his word. so it be done in a Civil and not in an Ecclesiastical way.
59. Civil Authority has power and liberty to deal with any Church member in a way of Civil Justice, notwithstanding any Church relation, office or interest.
60. No church censure shall degrade or depose any man from any Civil dignity, office, or Authority he shall have in the Commonwealth.
61. No Magistrate, Juror, Officer, or other man shall be bound to inform present or reveal any private crime or offence, wherein there is no peril or danger to this plantation or any member thereof, when any necessary type of conscience binds him to secrecy grounded upon the word of god, unless it be in case of testimony lawfully required.
62. Any Shire or Town shall have liberty to choose their Deputies whom and where they please for the General Court. So be it they be free men, and have taken there oath of fealty, and Inhabiting in this Jurisdiction.
63. No Governor, Deputy Governor, Assistant, Associate, or grand Jury man at any Court, nor any Deputy for the General Court shall at any time bear his own charges at any Court, but their necessary expenses shall be defrayed either by the Town or Shire on whose service they are, or by the Country in general.
64. Every Action between party and party, and proceedings against delinquents in Criminal causes shall be briefly and distinctly entered on the Roles of every Court by the Recorder thereof. That such actions be not afterwards brought again to the vexation of any man.
65. No custom or prescription shall ever prevail amongst us in any moral cause, our meaning is maintain anything that can be proved to be morally sinful by the word of god.
66. The Freemen of every Township shall have power to make such by laws and constitutions as may concern the welfare of their Town, provided they be not of a Criminal, but only of a prudential nature, And that their penalties exceed not 20 sh. for one offense. And that they be not repugnant to the public laws and orders of the Country. And if any Inhabitant shall neglect or refuse to observe them, they shall have power to levy the appointed penalties by distress.
67. It is the constant liberty of the free men of this plantation to choose yearly at the Court of Election out of the freemen all the General officers of this Jurisdiction. If they please to discharge them at the day of Election by way of vote. They may do it without showing cause. But if at any other general Court, we hold it due justice, that the reasons thereof be alleged and proved. By General officers we mean, our Governor, Deputy Governor, Assistants, Treasurer, General of our wars. And our Admiral at Sea, and such as are or hereafter may be of the like general nature.
68. It is the liberty of the freemen to choose such deputies for the General Court out of themselves, either in their own Towns or elsewhere as they judge fittest. And because we cannot foresee what variety and weight of occasions may fall into future consideration, And what counsels we may stand in need of, we decree. That the Deputies (to attend the General Court in the behalf of the Country) shall not any time be stated or enacted, but from Court to Court, or at the most but for one year, that the Country may have an Annual liberty to do in that case what is most behooveful for the best welfare thereof.
69. No General Court shall be dissolved or adjourned without the assent of the Major part thereof.
70. All Freemen called to give any advice, vote, verdict, or sentence in any Court, Council, or Civil Assembly, shall have full freedom to do it according to their true Judgments and Consciences, So it be done orderly and inoffensively for the manner.
71. The Governor shall have a casting voice whensoever an Equal vote shall fall out in the Court of Assistants, or general assembly, So shall the president or moderator have in all Civil Courts or Assemblies.
72. The Governor and Deputy Governor Jointly consenting or any three Assistants concurring in consent shall have power out of Court to reprieve a condemned malefactor, till the next quarter or general Court. The general Court only shall have power to pardon a condemned malefactor.
73. The General Court has liberty and Authority to send out any member of this Commonwealth of what quality, condition or office whatsoever into foreign parts about any public message or Negotiation. Provided the party sent be acquainted with the affair he goes about, and be willing to undertake the service.
74. The freemen of every Town or Township, shall have full power to choose yearly or for less time out of themselves a convenient number of fit men to order the planting or prudential occasions of that Town, according to Instructions given them in writing, Provided nothing be done by them contrary to the public laws and orders of the Country, provided also the number of such select persons be not above nine.
75. It is and shall be the liberty of any member or members of any Court, Council or Civil Assembly in cases of making or executing any order or law, that properly concern religion, or any cause capital, or wars, or Subscription to any public articles or Remonstrance, in case they cannot in Judgment and conscience consent to that way the Major vote or suffrage goes, to make their contra Remonstrance or protestation in speech or writing, and upon request to have their dissent recorded in the Roles of that Court. So it be done Christianly and respectively for the manner. And their dissent only be entered without the reasons thereof, for the avoiding of tediousness.
76. Whensoever any Jury of trials or Jurors are not clear in their Judgments or consciences concerning any cause wherein they are to give their verdict, They shall have liberty in open Court to advise with any man they think fit to resolve or direct them, before they give in their verdict.
77. In all cases wherein any freeman is to give his vote, be it in point of Election, making constitutions and orders, or passing sentence in any case of Judicature or the like, if he cannot see reason to give it positively one way or an other, he shall have liberty to be silent, and not pressed to a determined vote.
78. The General or public Treasure or any part thereof shall never be expended but by the appointment of a General Court, nor any Shire Treasure, but by the appointment of the freemen thereof, nor any Town Treasury but by the freemen of that Township.
Liberties of Women
79. If any man at his death shall not leave his wife a competent portion of his estate, upon just complaint made to the General Court she shall be relieved.
80. Every married woman shall be free from bodily correction or stripes by her husband, unless it be in his owe defence upon her assault. If there be any just cause of correction complaint shall be made to Authority assembled in some Court, from which only she shall receive it.
Liberties of Children.
81. When parents die intestate, the Elder son shall have a double portion of his whole estate real and personal, unless the General Court upon just cause alleged shall Judge otherwise.
82. When parents die intestate having no heir males of their bodies their Daughters shall inherit as copartners, unless the General Court upon just reason shall judge otherwise.
83. If any parents shall wilfully and unreasonably deny any child timely or convenient marriage, or shall exercise any unnatural severity towards them, such children shall have free liberty to complain to Authority for redress.
84. No Orphan during their minority which was not committed to tuition or service by the parents in their life time shall afterwards be absolutely disposed of by any kindred, friend, Executor, Township, or Church, nor by themselves without the consent of some Court, wherein two Assistants at least shall be present.
Liberties of Servants.
85. If any servants shall flee from the Tyranny and cruelty of their masters to the house of any freeman of the same Town, they shall be there protected and sustained till due order be taken for their relief. Provided due notice thereof be speedily given to their masters from whom they fled. And the next Assistant or Constable where the party flying is harbored.
86. No servant shall be put of for above a year to any other neither in the life time of their master nor after their death by their Executors or Administrators unless it be by consent of Authority assembled in some Court or two Assistants.
87. If any man smite out the eye or tooth of his man-servant, or maid servant, or otherwise maim or much disfigure him, unless it be by mere casualty, he shall let them go free from his service. And shall have such further recompense as the Court shall allow him.
88. Servants that have served diligently and faithfully to the benefit of their masters seven years, shall not be sent away empty. And if any have bene unfaithful, negligent or unprofitable in their service, notwithstanding the good usage of their masters, they shall not be dismissed till they have made satisfaction according to the Judgement of Authority.
Liberties of Foreigners and Strangers.
89. If any people of other Nations professing the true Christian Religion shall flee to us from the Tyranny or oppression of their persecutors, or from famine, wars, or the like necessary and compulsory cause, They shall be entertained and secured among us, according to that power and prudence god shall give us.
90. If any ships or other vessels, be it friend or enemy, shall suffer shipwreck upon our Coast, there shall be no violence or wrong offered to their persons or goods. But their persons shall be harbored, and relieved, and their goods preserved in safety till Authority may be certified thereof, and shall take further order therein.
91. There shall never be any bond slavery, villenage or Captivity amongst us unless it be lawful Captives taken in just wars, and such strangers as willingly sell themselves or are sold to us. And these shall have all the liberties and Christian usages which the law of god established in Israel concerning such persons doeth morally require. This exempts none from servitude who shall be Judged thereto by Authority.
Of the Brute Creature.
92. No Man shall exercise any Tyranny or Cruelty towards any brute Creature which are usually kept for man's use.
93. If any man shall have occasion to lead or drive Cattle from place to place that is far of, so that they be weary, or hungry, or fall sick, or lame, It shall be lawful to rest or refresh them, for a competent time, in any open place that is not Corn, meadow, or enclosed for some peculiar use.
94. Capital Laws.
1. If any man after legal conviction shall have or worship any other god, but the lord god, he shall be put to death. Dut. 13:6, 10. Dut. 17:2, 6. Ex. 22:20.
2. If any man or woman be a witch, (that has or consults with a familiar spirit,) They shall be put to death. Ex. 22:18. Lev. 20:27. Dut. 18:10.
3. If any man shall Blaspheme the name of god, the father, Son or Holy ghost, with direct, express, presumptuous or high handed blasphemy, or shall curse god in the like manner, he shall be put to death. Lev. 24:15, 16.
4. If any person commit any wilful murder, which is manslaughter, committed upon premeditated malice, hatred, or Cruelty, not in a mans necessary and just defense, nor by mere casualty against his will, he shall be put to death. Ex. 21:12. Numb. 35:13, 14, 30, 31.
5. If any person slays another suddenly in his anger or Cruelty of passion, he shall be put to death. Numb. 25:20, 21. Lev. 24:17.
6. If any person shall slay an other through guile, either by poisoning or other such devilish practice, he shall be put to death. Ex. 21:14.
7. If any man or woman shall lie with any beast or brute creature by Carnal Copulation, They shall surely be put to death. And the beast shall be slain and buried and not eaten. Lev. 20:15, 16.
8. If any man lies with mankind as he lies with a woman, both of them have committed abomination, they both shall surely be put to death. Lev. 20:13.
9. If any person commits Adultery with a married or espoused wife, the Adulterer and Adulteress shall surely be put to death.
10. If any man steals a man or mankind, he shall surely be put to death.
11. If any man rise up by false witness, wittingly and of purpose to take away any man's life, he shall be put to death.
12. If any man shall conspire and attempt any invasion, insurrection, or public rebellion against our commonwealth, or shall endeavor to surprise any Town or Towns, fort or forts therein, or shall treacherously and perfidiously attempt the alteration and subversion of our frame of polity or Government fundamentally, he shall be put to death.
95. A Declaration of the Liberties the Lord Jesus hath given to the Churches.
1. All the people of god within this Jurisdiction who are not in a church way, and be orthodox in Judgment, and not scandalous in life, shall have full liberty to gather themselves into a Church Estate. Provided they do it in a Christian way, with due observation of the rules of Christ revealed in his word.
2. Every Church has full liberty to exercise all the ordinances of god, according to the rules of scripture.
3. Every Church has free liberty of Election and ordination of all their officers from time to time, provided they be able, pious and orthodox.
4. Every Church has free liberty of Admission, Recommendation, Dismissal, and Expulsion, or deposal of their officers and members, upon due cause, with free exercise of the Discipline and Censures of Christ according to the rules of his word.
5. No Injunctions are to be put upon any Church, Church officers or member in point of Doctrine, worship or Discipline, whether for substance or circumstance besides the Institutions of the lord.
6. Every Church of Christ hath freedom to celebrate days of fasting and prayer, and of thanksgiving according to the word of god.
7. The Elders of Churches have free liberty to meet monthly, Quarterly, or otherwise, in convenient numbers and places, for conferences and consultations about Christian and Church questions and occasions.
8. All Churches have liberty to deal with any of their members in a church way that are in the hand of Justice. So it be not to retard or hinder the course thereof.
9. Every Church has liberty to deal with any magistrate, Deputy of Court or other officer whatsoever that is a member in a church way in case of apparent and just offence given in their places, so it be done with due observance and respect.
10. We allow private meetings for edification in religion among Christians of all sorts of people. So it be without just offense for number, time, place, and other circumstances.
11. For the preventing and removing of error and offense that may grow and spread in any of the Churches in this Jurisdiction, and for the preserving of truth and peace in the several churches within themselves, and for the maintenance and exercise of brotherly communion, among all the churches in the Country, It is allowed and ratified, by the Authority of this General Court as a lawful liberty of the Churches of Christ. That once in every month of the year (when the season will bear it) It shall be lawful for the ministers and Elders, of the Churches near adjoining together, with any other of the brethren with the consent of the churches to assemble by course in each several Church one after an other. To the intent after the preaching of the word by such a minister as shall be requested thereto by the Elders of the church where the Assembly is held, The rest of the day may be spent in public Christian Conference about the discussing and resolving of any such doubts and cases of conscience concerning matter of doctrine or worship or government of the church as shall be propounded by any of the Brethren of that church, with leave also to any other Brother to propound his objections or answers for further satisfaction according to the word of god. Provided that the whole action be guided and moderated by the Elders of the Church where the Assembly is held, or by such others as they shall appoint. And that no thing be concluded and imposed by way of Authority from one or more Churches upon an other, but only by way of Brotherly conference and consultations. That the truth may be searched out to the satisfying of every mans conscience in the sight of god according to his word. And because such an Assembly and the work thereof can not be duly attended to if other lectures be held in the same week. It is therefore agreed with the consent of the Churches. That in that week when such an Assembly is held, All the lectures in all the neighboring Churches for that week shall be forborne. That so the public service of Christ in this more solemn Assembly may be transacted with greater diligence and attention.
96. Howsoever these above specified rites, freedoms, Immunities, Authorities and privileges, both Civil and Ecclesiastical are expressed only under the name and title of Liberties, and not in the exact form of Laws or Statutes, yet we do with one consent fully Authorize, and earnestly entreat all that are and shall be in Authority to consider them as laws, and not to fail to inflict condign and proportionable punishments upon every man impartially, that shall infringe or violate any of them.
97. We likewise give full power and liberty to any person that shall at any time be denied or deprived of any of them, to commence and prosecute their suit, Complaint or action against any man that shall so do in any Court that has proper Cognizance or judicature thereof.
98. Lastly because our duty and desire is to do nothing suddenly which fundamentally concern us, we decree that these rites and liberties, shall be Audibly read and deliberately weighed at every General Court that shall be held, within three years next ensuing. And such of them as shall not be altered or repealed they shall stand so ratified, That no man shall infringe them without due punishment.
And if any General Court within these next three years shall fail or forget to read and consider them as above said. The Governor and Deputy Governor for the time being, and every Assistant present at such Courts shall forfeit 20 sh. a man, and every Deputy 10 sh. a man for each neglect, which shall be paid out of their proper estate, and not by the Country or the Towns which choose them, and whensoever there shall arise any question in any Court among the Assistants and Associates thereof about the explanation of these Rites and liberties, The General Court only shall have power to interpret them.
[Editor's Note: The original version of the Magna Carta written in 1215 no longer exists. The Magna Carta confirmed by Edward I in 1297 is depicted here.]
JOHN, by the grace of God King of England, Lord of Ireland, Duke of Normandy and Aquitaine, and Count of Anjou, to his archbishops, bishops, abbots, earls, barons, justices, foresters, sheriffs, stewards, servants, and to all his officials and loyal subjects, Greeting.
KNOW THAT BEFORE GOD, for the health of our soul and those of our ancestors and heirs, to the honour of God, the exaltation of the holy Church, and the better ordering of our kingdom, at the advice of our reverend fathers Stephen, archbishop of Canterbury, primate of all England, and cardinal of the holy Roman Church, Henry archbishop of Dublin, William bishop of London, Peter bishop of Winchester, Jocelin bishop of Bath and Glastonbury, Hugh bishop of Lincoln, Walter Bishop of Worcester, William bishop of Coventry, Benedict bishop of Rochester, Master Pandulf subdeacon and member of the papal household, Brother Aymeric master of the knighthood of the Temple in England, William Marshal earl of Pembroke, William earl of Salisbury, William earl of Warren, William earl of Arundel, Alan de Galloway constable of Scotland, Warin Fitz Gerald, Peter Fitz Herbert, Hubert de Burgh seneschal of Poitou, Hugh de Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset, Philip Daubeny, Robert de Roppeley, John Marshal, John Fitz Hugh, and other loyal subjects:
(1) FIRST, THAT WE HAVE GRANTED TO GOD, and by this present charter have confirmed for us and our heirs in perpetuity, that the English Church shall be free, and shall have its rights undiminished, and its liberties unimpaired. That we wish this so to be observed, appears from the fact that of our own free will, before the outbreak of the present dispute between us and our barons, we granted and confirmed by charter the freedom of the Church's elections - a right reckoned to be of the greatest necessity and importance to it - and caused this to be confirmed by Pope Innocent III. This freedom we shall observe ourselves, and desire to be observed in good faith by our heirs in perpetuity.
TO ALL FREE MEN OF OUR KINGDOM we have also granted, for us and our heirs for ever, all the liberties written out below, to have and to keep for them and their heirs, of us and our heirs:
(2) If any earl, baron, or other person that holds lands directly of the Crown, for military service, shall die, and at his death his heir shall be of full age and owe a 'relief', the heir shall have his inheritance on payment of the ancient scale of 'relief'. That is to say, the heir or heirs of an earl shall pay £100 for the entire earl's barony, the heir or heirs of a knight 100s. at most for the entire knight's 'fee', and any man that owes less shall pay less, in accordance with the ancient usage of 'fees'
(3) But if the heir of such a person is under age and a ward, when he comes of age he shall have his inheritance without 'relief' or fine.
(4) The guardian of the land of an heir who is under age shall take from it only reasonable revenues, customary dues, and feudal services. He shall do this without destruction or damage to men or property. If we have given the guardianship of the land to a sheriff, or to any person answerable to us for the revenues, and he commits destruction or damage, we will exact compensation from him, and the land shall be entrusted to two worthy and prudent men of the same 'fee', who shall be answerable to us for the revenues, or to the person to whom we have assigned them. If we have given or sold to anyone the guardianship of such land, and he causes destruction or damage, he shall lose the guardianship of it, and it shall be handed over to two worthy and prudent men of the same 'fee', who shall be similarly answerable to us.
(5) For so long as a guardian has guardianship of such land, he shall maintain the houses, parks, fish preserves, ponds, mills, and everything else pertaining to it, from the revenues of the land itself. When the heir comes of age, he shall restore the whole land to him, stocked with plough teams and such implements of husbandry as the season demands and the revenues from the land can reasonably bear.
(6) Heirs may be given in marriage, but not to someone of lower social standing. Before a marriage takes place, it shall be made known to the heir's next-of-kin.
(7) At her husband's death, a widow may have her marriage portion and inheritance at once and without trouble. She shall pay nothing for her dower, marriage portion, or any inheritance that she and her husband held jointly on the day of his death. She may remain in her husband's house for forty days after his death, and within this period her dower shall be assigned to her.
(8) No widow shall be compelled to marry, so long as she wishes to remain without a husband. But she must give security that she will not marry without royal consent, if she holds her lands of the Crown, or without the consent of whatever other lord she may hold them of.
(9) Neither we nor our officials will seize any land or rent in payment of a debt, so long as the debtor has movable goods sufficient to discharge the debt. A debtor's sureties shall not be distrained upon so long as the debtor himself can discharge his debt. If, for lack of means, the debtor is unable to discharge his debt, his sureties shall be answerable for it. If they so desire, they may have the debtor's lands and rents until they have received satisfaction for the debt that they paid for him, unless the debtor can show that he has settled his obligations to them.
(10) If anyone who has borrowed a sum of money from Jews dies before the debt has been repaid, his heir shall pay no interest on the debt for so long as he remains under age, irrespective of whom he holds his lands. If such a debt falls into the hands of the Crown, it will take nothing except the principal sum specified in the bond.
(11) If a man dies owing money to Jews, his wife may have her dower and pay nothing towards the debt from it. If he leaves children that are under age, their needs may also be provided for on a scale appropriate to the size of his holding of lands. The debt is to be paid out of the residue, reserving the service due to his feudal lords. Debts owed to persons other than Jews are to be dealt with similarly.
(12) No 'scutage' or 'aid' may be levied in our kingdom without its general consent, unless it is for the ransom of our person, to make our eldest son a knight, and (once) to marry our eldest daughter. For these purposes only a reasonable 'aid' may be levied. 'Aids' from the city of London are to be treated similarly.
(13) The city of London shall enjoy all its ancient liberties and free customs, both by land and by water. We also will and grant that all other cities, boroughs, towns, and ports shall enjoy all their liberties and free customs.
(14) To obtain the general consent of the realm for the assessment of an 'aid' - except in the three cases specified above - or a 'scutage', we will cause the archbishops, bishops, abbots, earls, and greater barons to be summoned individually by letter. To those who hold lands directly of us we will cause a general summons to be issued, through the sheriffs and other officials, to come together on a fixed day (of which at least forty days notice shall be given) and at a fixed place. In all letters of summons, the cause of the summons will be stated. When a summons has been issued, the business appointed for the day shall go forward in accordance with the resolution of those present, even if not all those who were summoned have appeared.
(15) In future we will allow no one to levy an 'aid' from his free men, except to ransom his person, to make his eldest son a knight, and (once) to marry his eldest daughter. For these purposes only a reasonable 'aid' may be levied.
(16) No man shall be forced to perform more service for a knight's 'fee', or other free holding of land, than is due from it.
(17) Ordinary lawsuits shall not follow the royal court around, but shall be held in a fixed place.18) Inquests of novel disseisin, mort d'ancestor, and darrein presentment shall be taken only in their proper county court. We ourselves, or in our absence abroad our chief justice, will send two justices to each county four times a year, and these justices, with four knights of the county elected by the county itself, shall hold the assizes in the county court, on the day and in the place where the court meets.
(19) If any assizes cannot be taken on the day of the county court, as many knights and freeholders shall afterwards remain behind, of those who have attended the court, as will suffice for the administration of justice, having regard to the volume of business to be done.
(20) For a trivial offence, a free man shall be fined only in proportion to the degree of his offence, and for a serious offence correspondingly, but not so heavily as to deprive him of his livelihood. In the same way, a merchant shall be spared his merchandise, and a villein the implements of his husbandry, if they fall upon the mercy of a royal court. None of these fines shall be imposed except by the assessment on oath of reputable men of the neighbourhood.
(21) Earls and barons shall be fined only by their equals, and in proportion to the gravity of their offence.
(22) A fine imposed upon the lay property of a clerk in holy orders shall be assessed upon the same principles, without reference to the value of his ecclesiastical benefice.
(23) No town or person shall be forced to build bridges over rivers except those with an ancient obligation to do so.
(24) No sheriff, constable, coroners, or other royal officials are to hold lawsuits that should be held by the royal justices.
(25) Every county, hundred, wapentake, and riding shall remain at its ancient rent, without increase, except the royal demesne manors.
(26) If at the death of a man who holds a lay 'fee' of the Crown, a sheriff or royal official produces royal letters patent of summons for a debt due to the Crown, it shall be lawful for them to seize and list movable goods found in the lay 'fee' of the dead man to the value of the debt, as assessed by worthy men. Nothing shall be removed until the whole debt is paid, when the residue shall be given over to the executors to carry out the dead man’s will. If no debt is due to the Crown, all the movable goods shall be regarded as the property of the dead man, except the reasonable shares of his wife and children.
(27) If a free man dies intestate, his movable goods are to be distributed by his next-of-kin and friends, under the supervision of the Church. The rights of his debtors are to be preserved.
(28) No constable or other royal official shall take corn or other movable goods from any man without immediate payment, unless the seller voluntarily offers postponement of this.
(29) No constable may compel a knight to pay money for castle-guard if the knight is willing to undertake the guard in person, or with reasonable excuse to supply some other fit man to do it. A knight taken or sent on military service shall be excused from castle-guard for the period of this service.
(30) No sheriff, royal official, or other person shall take horses or carts for transport from any free man, without his consent.
(31) Neither we nor any royal official will take wood for our castle, or for any other purpose, without the consent of the owner.
(32) We will not keep the lands of people convicted of felony in our hand for longer than a year and a day, after which they shall be returned to the lords of the 'fees' concerned.
(33) All fish-weirs shall be removed from the Thames, the Medway, and throughout the whole of England, except on the sea coast.
(34) The writ called precipe shall not in future be issued to anyone in respect of any holding of land, if a free man could thereby be deprived of the right of trial in his own lord's court.
(35) There shall be standard measures of wine, ale, and corn (the London quarter), throughout the kingdom. There shall also be a standard width of dyed cloth, russet, and haberject, namely two ells within the selvedges. Weights are to be standardised similarly.
(36) In future nothing shall be paid or accepted for the issue of a writ of inquisition of life or limbs. It shall be given gratis, and not refused.
(37) If a man holds land of the Crown by 'fee-farm', 'socage', or 'burgage', and also holds land of someone else for knight's service, we will not have guardianship of his heir, nor of the land that belongs to the other person's 'fee', by virtue of the 'fee-farm', 'socage', or 'burgage', unless the 'fee-farm' owes knight's service. We will not have the guardianship of a man's heir, or of land that he holds of someone else, by reason of any small property that he may hold of the Crown for a service of knives, arrows, or the like.
(38) In future no official shall place a man on trial upon his own unsupported statement, without producing credible witnesses to the truth of it.
(39) No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land.
(40) To no one will we sell, to no one deny or delay right or justice.
(41) All merchants may enter or leave England unharmed and without fear, and may stay or travel within it, by land or water, for purposes of trade, free from all illegal exactions, in accordance with ancient and lawful customs. This, however, does not apply in time of war to merchants from a country that is at war with us. Any such merchants found in our country at the outbreak of war shall be detained without injury to their persons or property, until we or our chief justice have discovered how our own merchants are being treated in the country at war with us. If our own merchants are safe they shall be safe too.
(42) In future it shall be lawful for any man to leave and return to our kingdom unharmed and without fear, by land or water, preserving his allegiance to us, except in time of war, for some short period, for the common benefit of the realm. People that have been imprisoned or outlawed in accordance with the law of the land, people from a country that is at war with us, and merchants - who shall be dealt with as stated above - are excepted from this provision.
(43) If a man holds lands of any 'escheat' such as the 'honour' of Wallingford, Nottingham, Boulogne, Lancaster, or of other 'escheats' in our hand that are baronies, at his death his heir shall give us only the 'relief' and service that he would have made to the baron, had the barony been in the baron's hand. We will hold the 'escheat' in the same manner as the baron held it.
(44) People who live outside the forest need not in future appear before the royal justices of the forest in answer to general summonses, unless they are actually involved in proceedings or are sureties for someone who has been seized for a forest offence.
(45) We will appoint as justices, constables, sheriffs, or other officials, only men that know the law of the realm and are minded to keep it well.
(46) All barons who have founded abbeys, and have charters of English kings or ancient tenure as evidence of this, may have guardianship of them when there is no abbot, as is their due.
(47) All forests that have been created in our reign shall at once be disafforested. River-banks that have been enclosed in our reign shall be treated similarly.
(48) All evil customs relating to forests and warrens, foresters, warreners, sheriffs and their servants, or river-banks and their wardens, are at once to be investigated in every county by twelve sworn knights of the county, and within forty days of their enquiry the evil customs are to be abolished completely and irrevocably. But we, or our chief justice if we are not in England, are first to be informed.
(49) We will at once return all hostages and charters delivered up to us by Englishmen as security for peace or for loyal service.
(50) We will remove completely from their offices the kinsmen of Gerard de Athée, and in future they shall hold no offices in England. The people in question are Engelard de Cigogné, Peter, Guy, and Andrew de Chanceaux, Guy de Cigogné, Geoffrey de Martigny and his brothers, Philip Marc and his brothers, with Geoffrey his nephew, and all their followers.
(51) As soon as peace is restored, we will remove from the kingdom all the foreign knights, bowmen, their attendants, and the mercenaries that have come to it, to its harm, with horses and arms.
(52) To any man whom we have deprived or dispossessed of lands, castles, liberties, or rights, without the lawful judgement of his equals, we will at once restore these. In cases of dispute the matter shall be resolved by the judgement of the twenty-five barons referred to below in the clause for securing the peace. In cases, however, where a man was deprived or dispossessed of something without the lawful judgement of his equals by our father King Henry or our brother King Richard, and it remains in our hands or is held by others under our warranty, we shall have respite for the period commonly allowed to Crusaders, unless a lawsuit had been begun, or an enquiry had been made at our order, before we took the Cross as a Crusader. On our return from the Crusade, or if we abandon it, we will at once render justice in full.
(53) We shall have similar respite in rendering justice in connexion with forests that are to be disafforested, or to remain forests, when these were first afforested by our father Henry or our brother Richard; with the guardianship of lands in another person's 'fee', when we have hitherto had this by virtue of a 'fee' held of us for knight's service by a third party; and with abbeys founded in another person's 'fee', in which the lord of the 'fee' claims to own a right. On our return from the Crusade, or if we abandon it, we will at once do full justice to complaints about these matters.
(54) No one shall be arrested or imprisoned on the appeal of a woman for the death of any person except her husband.
(55) All fines that have been given to us unjustly and against the law of the land, and all fines that we have exacted unjustly, shall be entirely remitted or the matter decided by a majority judgement of the twenty-five barons referred to below in the clause for securing the peace together with Stephen, archbishop of Canterbury, if he can be present, and such others as he wishes to bring with him. If the archbishop cannot be present, proceedings shall continue without him, provided that if any of the twenty-five barons has been involved in a similar suit himself, his judgement shall be set aside, and someone else chosen and sworn in his place, as a substitute for the single occasion, by the rest of the twenty-five.
(56) If we have deprived or dispossessed any Welshmen of lands, liberties, or anything else in England or in Wales, without the lawful judgement of their equals, these are at once to be returned to them. A dispute on this point shall be determined in the Marches by the judgement of equals. English law shall apply to holdings of land in England, Welsh law to those in Wales, and the law of the Marches to those in the Marches. The Welsh shall treat us and ours in the same way.
(57) In cases where a Welshman was deprived or dispossessed of anything, without the lawful judgement of his equals, by our father King Henry or our brother King Richard, and it remains in our hands or is held by others under our warranty, we shall have respite for the period commonly allowed to Crusaders, unless a lawsuit had been begun, or an enquiry had been made at our order, before we took the Cross as a Crusader. But on our return from the Crusade, or if we abandon it, we will at once do full justice according to the laws of Wales and the said regions.
(58) We will at once return the son of Llywelyn, all Welsh hostages, and the charters delivered to us as security for the peace.
(59) With regard to the return of the sisters and hostages of Alexander, king of Scotland, his liberties and his rights, we will treat him in the same way as our other barons of England, unless it appears from the charters that we hold from his father William, formerly king of Scotland, that he should be treated otherwise. This matter shall be resolved by the judgement of his equals in our court.
(60) All these customs and liberties that we have granted shall be observed in our kingdom in so far as concerns our own relations with our subjects. Let all men of our kingdom, whether clergy or laymen, observe them similarly in their relations with their own men.
(61) SINCE WE HAVE GRANTED ALL THESE THINGS for God, for the better ordering of our kingdom, and to allay the discord that has arisen between us and our barons, and since we desire that they shall be enjoyed in their entirety, with lasting strength, for ever, we give and grant to the barons the following security:
The barons shall elect twenty-five of their number to keep, and cause to be observed with all their might, the peace and liberties granted and confirmed to them by this charter.
If we, our chief justice, our officials, or any of our servants offend in any respect against any man, or transgress any of the articles of the peace or of this security, and the offence is made known to four of the said twenty-five barons, they shall come to us - or in our absence from the kingdom to the chief justice - to declare it and claim immediate redress. If we, or in our absence abroad the chief justice, make no redress within forty days, reckoning from the day on which the offence was declared to us or to him, the four barons shall refer the matter to the rest of the twenty-five barons, who may distrain upon and assail us in every way possible, with the support of the whole community of the land, by seizing our castles, lands, possessions, or anything else saving only our own person and those of the queen and our children, until they have secured such redress as they have determined upon. Having secured the redress, they may then resume their normal obedience to us.
Any man who so desires may take an oath to obey the commands of the twenty-five barons for the achievement of these ends, and to join with them in assailing us to the utmost of his power. We give public and free permission to take this oath to any man who so desires, and at no time will we prohibit any man from taking it. Indeed, we will compel any of our subjects who are unwilling to take it to swear it at our command.
If one of the twenty-five barons dies or leaves the country, or is prevented in any other way from discharging his duties, the rest of them shall choose another baron in his place, at their discretion, who shall be duly sworn in as they were.
In the event of disagreement among the twenty-five barons on any matter referred to them for decision, the verdict of the majority present shall have the same validity as a unanimous verdict of the whole twenty-five, whether these were all present or some of those summoned were unwilling or unable to appear.
The twenty-five barons shall swear to obey all the above articles faithfully, and shall cause them to be obeyed by others to the best of their power.
We will not seek to procure from anyone, either by our own efforts or those of a third party, anything by which any part of these concessions or liberties might be revoked or diminished. Should such a thing be procured, it shall be null and void and we will at no time make use of it, either ourselves or through a third party.
(62) We have remitted and pardoned fully to all men any ill-will, hurt, or grudges that have arisen between us and our subjects, whether clergy or laymen, since the beginning of the dispute. We have in addition remitted fully, and for our own part have also pardoned, to all clergy and laymen any offences committed as a result of the said dispute between Easter in the sixteenth year of our reign (i.e. 1215) and the restoration of peace.
In addition we have caused letters patent to be made for the barons, bearing witness to this security and to the concessions set out above, over the seals of Stephen archbishop of Canterbury, Henry archbishop of Dublin, the other bishops named above, and Master Pandulf.
(63) IT IS ACCORDINGLY OUR WISH AND COMMAND that the English Church shall be free, and that men in our kingdom shall have and keep all these liberties, rights, and concessions, well and peaceably in their fullness and entirety for them and their heirs, of us and our heirs, in all things and all places for ever.
Both we and the barons have sworn that all this shall be observed in good faith and without deceit. Witness the above-mentioned people and many others.
Given by our hand in the meadow that is called Runnymede, between Windsor and Staines, on the fifteenth day of June in the seventeenth year of our reign.
Established June 2, 1774, the Quartering Act of 1774 was similar in substance to the Quartering Act of 1765.
June 2, 1774
WHEREAS DOUBTS HAVE BEEN ENTERTAINED whether troops can be quartered otherwise than in barracks, in case barracks have been provided sufficient for the quartering of all the officers and soldiers within any town, township, city, district, or place within His Majesty's dominions inNorth America; and whereas it may frequently happen from the situation of such barracks that, if troops should be quartered therein they would not be stationed where their presence may be necessary and required be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords ... and Commons, in this present Parliament assembled ...
that, in such cases, it shall and may be lawful for the persons who now are, or may be hereafter, authorized by law, in any of the provinces within His Majesty's dominions in North America, and they are hereby respectively authorized, empowered, and directed, on the requisition of the officer who, for the time being, has the command of His Majesty's forces in North America, to cause any officers or soldiers in His Majesty's service to be quartered and billeted in such manner as is now directed by law where no barracks are provided by the colonies.
2. And be it further enacted by the authority aforesaid that, if it shall happen at any time that any officers or soldiers in H is Majesty's service shall remain within any of the said colonies without quarters for the space of twenty four hours after such quarters shall have been demanded, it shall and may be lawful for the governor of the province to order and direct such and so many uninhabited houses, outhouses, barns, or other buildings as he shall think necessary to be taken (making a reasonable allowance for the same) and make fit for the reception of such officers and soldiers, and to put and quarter such officers and soldiers therein for such time as he shall think proper.
3. And be it further enacted by the authority aforesaid that this act, and everything herein contained, shall continue and be in force in all His Majesty's dominions in North America, until March 24, 1776.
An act for the better regulating the government of the province of the Massachusetts Bay, in New England.
1.
WHEREAS by letters patent under the great seal of England, made in the third year of the reign of their late majesties King William and Queen Mary, for uniting, erecting, and incorporating, the several colonies, territories, and tracts of land therein mentioned, into one real province, by the name of Their Majesties Province of the Massachusetts Bay, in New England; whereby it was, amongst other things, ordained and established, That the governor of the said province should, from thenceforth, be appointed and commissioned by their Majesties, their heirs and successors: It was, however, granted and ordained, That, from the expiration of the term for and during which the 28 persons named in the said letters patent were appointed to be the first counselors or assistants to the governor of the said province for the time being, the aforesaid number of 28 counselors or assistants should yearly, once in every year, for ever thereafter, be, by the general court or assembly, newly chosen: And whereas the said method of electing such counselors or assistants, to be vested with the several powers, authorities, and privileges, therein mentioned, although conformable to the practice theretofore used in such of the colonies thereby united, in which the appointment of the respective governors had been vested in the general courts or assemblies of the said colonies, hath, by repeated experience, been found to be extremely ill adapted to the plan of government established in the province of the Massachusetts Bay, by the said letters patent herein-before mentioned, and hath been so far from contributing to the attainment of the good ends and purposes thereby intended, and to the promoting of the internal welfare, peace, and good government of the said province, or to the maintenance of the just subordination to, and conformity with, the laws of Great Britain, that the manner of exercising the powers, authorities, and privileges aforesaid, by the persons so annually elected, hath, for some time past, been such as had the most manifest tendency to obstruct, and, in great measure, defeat, the execution of the laws; to weaken and, in great measure, defeat, the execution of the laws; to weaken the attachment of his Majesty's well-disposed subjects in the said province to his Majesty's government, and to encourage the ill-disposed among them to proceed even to acts of direct resistance to, and defiance of, his Majesty's authority; And it hath accordingly happened that an open resistance to the execution of the laws hath actually taken place in the town of Boston, and the neighborhood thereof, within the said province: And whereas it is, under these circumstances, become absolutely necessary, in order to the preservation of the peace and good order of the said province, the protection of his Majesty's well-disposed subjects therein resident, the continuance of the mutual benefits arising from the commerce and correspondence between this kingdom and the said province, and the maintaining of the just dependence of the said province upon the crown and parliament of Great Britain, that the said method of annually electing the counselors or assistants of the said province should no longer be suffered to continue but that the appointment of the said counselors or assistants should henceforth be put upon the like footing as is established in such other of his Majesty's colonies or plantations in America, the governors whereof are appointed by his Majesty's commission, under the great seal of Great Britain: Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, That from and after August 1, 1774, so much of the charter, granted by their majesties King William and Queen Mary to the inhabitants of the said province of the Massachusetts Bay, in New England, and all and every clause, matter, and thing, therein contained, which relates to the time and manner of electing the assistants or counselors for the said province, be revoked, and is hereby revoked and made void and of none effect; and that the offices of all counselors and assistants, elected and appointed in pursuance thereof, shall from thenceforth cease and determine: And that, from and after August 1, 1774, the council, or court of assistants of the said province for the time being, shall be composed of such of the inhabitants or proprietors of lands within the same as shall be thereunto nominated and appointed by his Majesty, his heirs and successors, from time to time, by warrant under his or their signet or sign manual, and with the advice of the privy council, agreeable to the practice now used in respect to the appointment of counselors in such of his Majesty's other colonies in America, the governors whereof are appointed by commission under the great seal of Great Britain: provided, that the number of the said assistants or counselors shall not, at any one time, exceed 36, nor be less than 12.
2.
And it is hereby further enacted, That the said assistants or counselors, so to be appointed as aforesaid, shall hold their offices respectively, for and during the pleasure of his Majesty, his heirs or successors; and shall have and enjoy all the powers, privileges, and immunities, at present held, exercised, and enjoyed, by the assistants or counselors of the said province, constituted and elected, from time to time, under the said charter, (except as herein-after excepted); and shall also, upon their admission into the said council, and before they enter upon the execution of their offices respectively, take the oaths, and make, repeat, and subscribe, the declarations required, as well by the said charter as by any law or laws of the said province now in force, to be taken by the assistants or counselors who have been so elected and constituted as aforesaid.
3.
And be it further enacted by the authority aforesaid, That from and after July 1, 1774, it shall and may be lawful for his Majesty's governor for the time being of the said province, or, in his absence, for the lieutenant-governor, to nominate and appoint, under the seal of the province, from time to time, and also to remove, without the consent of the council, all judges of the inferior courts of common pleas, commissioners of Oyer and Terminer, the attorney general, provosts, marshals, justices of the peace, and other officers to the council or courts of justice belonging; and that all judges of the inferior courts of common pleas, commissioners of Oyer and Terminer, the attorney general, provosts, marshals, justices, and other officers so appointed by the governor, or, in his absence, by the lieutenant-governor alone, shall and may have, hold, and exercise, their said offices, powers, and authorities, as fully and completely, to all intents and purposes, as any judges of the inferior courts of common pleas, commissioners of Oyer and Terminer, attorney general, provosts, marshals, or other officers, have or might have done heretofore under the said letters patent, in the third year of the reign of their late majesties King William and Queen Mary; any law, statute, or usage, to the contrary notwithstanding.
4.
Provided always, and be it enacted, That nothing herein contained shall extend, or be construed to extend, to annul or make void the commission granted before July 1, 1774, to any judges of the inferior courts of common pleas, commissioners of Oyer and Terminer, the attorney general, provosts, marshals, justices of the peace, or other officers; but that they may hold and exercise the same, as if this act had never been made, until the same shall be determined by death, removal by the governor, or other avoidance, as the case may happen.
5.
And be it further enacted by the authority aforesaid, That, from and after July 1, 1774, it shall and may be lawful for his Majesty's governor, or, in his absence, for the lieutenant-governor for the time being of the said province, from time to time, to nominate and appoint the sheriffs without the consent of the council, and to remove such sheriffs with such consent, and not otherwise.
6.
And be it further enacted by the authority aforesaid, That, upon every vacancy of the officers of chief justice and judges of the superior court of the said province, from and after July 1, 1774, the governor for the time being, or, in his absence, the lieutenant-governor, without the consent of the council, shall have full power and authority to nominate and appoint the persons to succeed to the said offices; who shall hold their commissions during the pleasure of his Majesty, his heirs and successors; and that neither the chief justice or judges appointed before July 1, 1774, nor those who shall hereafter be appointed pursuant to this act, shall be removed, unless by the order of his Majesty, his heirs or successors, under his or their sign manual.
7.
And whereas, by several acts of the general court, which have been from time to time enacted and passed within the said province, the freeholders and inhabitants of the several townships, districts, and precincts, qualified, as is therein expressed, are authorized to assemble together, annually, or occasionally, upon notice given, in such manner as the said acts direct, for the choice of select men, constables, and other officers, and for the making and agreeing upon such necessary rules, orders, and bylaws, for the directing, managing, and ordering, the prudential affairs of such townships, districts, and precincts, and for other purposes: and whereas a great abuse has been made of the power of calling such meetings, and the inhabitants have, contrary to the design of their institution, been misled to treat upon matters of the most general concern, and to pass many dangerous and unwarrantable resolves: for remedy whereof, be it enacted, That from and after August 1, 1774, no meeting shall be called by the select men, or at the request of any number of freeholders of any township, district, or precinct, without the leave of the governor, or, in his absence, of the lieutenant-governor, in writing, expressing the special business of the said meeting, first had and obtained, except the annual meeting in the months of March or May, for the choice of select men, constables, and other officers, or except for the choice of persons to fill up the offices aforesaid, on the death or removal of any of the persons first elected to such offices, and also, except any meeting for the election of a representative or representatives in the general court; and that no other matter shall be treated of at such meetings, except the election of their aforesaid officers or representatives, nor at any other meeting, except the business expressed in the leave given by the governor, or, in his absence, by the lieutenant-governor.
8.
And whereas the method at present used in the province of Massachusetts Bay in America, of electing persons to serve on grand juries, and other juries, by the freeholders and inhabitants of the several towns, affords occasion for many evil practices, and tends to pervert the free and impartial administration of justice: for remedy whereof, be it further enacted by the authority aforesaid, That, from and after the respective times appointed for the holding of the general sessions of the peace in the several counties within the said province, next after the month of September, 1774, the jurors to serve at the superior courts of judicature, courts of assize, general jail delivery, general sessions of the peace, and inferior court of common pleas, in the several counties within the said province, shall not be elected, nominated, or appointed, by the freeholders and inhabitants of the several towns within the said respective counties nor summoned or returned by the constables of the said towns; but that, from thenceforth, the jurors to serve at the superior courts of judicature, courts of assize, general jail delivery, general sessions of the peace, and inferior court of common pleas within the said province, shall be summoned and returned by the sheriffs of the respective counties within the said province; and all writs of Venire Facias, or other process or warrants to be issued for the return of jurors to serve at the said courts, shall be directed to the sheriffs of the said counties respectively, any law, custom, or usage, to the contrary notwithstanding.
9.
Provided always, and be it further enacted by the authority aforesaid, That wherever the sheriff of any country shall happen to be a party, or interested or related to any party of person interested in any prosecution or suit depending in any of the said courts; that then in such case, the writ of Venire Facias, of other process or warrant for the summoning and return of a jury, for the trial of such prosecution or suit, shall be directed to, and executed by, the coroner of such county; and in case such coroner shall be also a party, or interested in, or related to, the Venire Facias, or other process or warrant, for the summoning and return of a jury for the trial of such prosecution or suit shall be directed to, and executed by, a proper and indifferent person, to be appointed for that purpose by the court wherein such prosecution or suit shall be depending.
10.
And that all sheriffs may be the better informed of persons qualified to serve on juries at the superior courts of judicature, courts of assize, general jail delivery, general sessions of the peace, and inferior court of common pleas, within the said province, be it further enacted by the authority aforesaid, That the constables of the respective towns, within the several counties of the said province, shall, at the general sessions of the peace to be held for each county, next after the month of September in every year, upon the first day of the said sessions, return and deliver to the justices of the peace, in open court, a true life, in writing, of the names and places of abode of all persons within the respective towns for which they serve, or the districts thereof, qualified to serve upon juries, with their titles and additions, between the age of 21 years and the age of 70 years; which said justices or any two of them, at the said sessions in the respective counties, shall cause to be delivered a duplicate of the aforesaid lists, by the clerk of the peace of every country, to the sheriffs, or their deputies, within ten days after such session; and cause each of the said lists to be fairly entered into a book by the clerk of the peace, to be by him provided, and kept for that purpose amongst the records of the said court; and no sheriff shall impanel or return any person or persons to serve upon any grand jury, petit jury, whatsoever, in any of the said courts that shall not be named or mentioned in such list: and, to prevent a failure of justice, through the neglect of constables to make such returns of persons qualified to serve on juries, as in and by this act is directed, the clerks of the peace of the said several counties are hereby required and commanded, twenty days at least next before the month of September, yearly, and every year, to issue forth precepts or warrants, under their respective hands and seals, to the respective constables of the several towns within the said respective counties, requiring them, and every of them, to make such return of persons qualified to serve upon juries as hereby respectively directed; and every constable failing at any time to make and deliver such return to the justices in open court, as aforesaid, shall forfeit and incur the penalty of five pounds sterling to his Majesty, and his successors: to be recovered by bill, plaint, or information, to be prosecuted in any of the courts aforesaid; and, in order that the constables may be the better enabled to make complete lists of all persons qualified to serve on juries, the constables of the several towns shall have free liberty, at all seasonable times, upon request by them made to any officer or officers, who shall have in his or their custody any book or account of rates or taxes on the freeholder or inhabitants within such respective towns, to inspect the same, and take from thence the names of such persons qualified to serve on juries, dwelling within the respective, towns for which such lists are to be given in and returned pursuant to this act; and shall, in the month of September, yearly, and every year, upon two or more Sundays, fix upon the door of the church, chapel, and every other public place of religious worship within their respective precincts, a true and exact list of all such persons intended to be returned to the said general sessions of the peace, as qualified to serve on juries, pursuant to the directions of this act; and leave at the same time a duplicate of such list with the town clerk of the said place, perused by the freeholder and inhabitants thereof, to the end that notice may be given of persons duly qualified who are omitted, or of persons inserted by mistake who ought to be omitted out of such lists; and it shall and may be lawful to and for the justices, at the general sessions of the peace to which the said lists shall be so returned, upon due proof made before them of any person or persons duly qualified to serve on juries being omitted in such lists, or of any person or persons being inserted therein who ought to have been omitted, to order his or their name or names to be inserted or struck out, as the case may require: and in case any constable shall willfully omit, out of such list, any person or persons, whose name or names ought to be inserted, or shall willfully insert any person or persons who ought to be omitted, every constable so offending, shall, for every person so omitted or inserted in such list, contrary to the true intent and meaning of this act, be fined by the said justices, in the said general sessions of the peace, in the sum of forty shillings sterling.
11.
Provided always, and be it enacted by the authority aforesaid, That in case default shall at any time hereafter be made, by any constable or constables, to return lists of persons qualified to serve on juries within any of the said towns to the said court of general sessions of the peace; then, and in such case, it shall be lawful for the sheriff of the county, in which such default shall be made, to summon and return to the several courts aforesaid, or any of them, such and so many persons dwelling in such towns, or the districts thereof, qualified to serve on juries, as he shall think fit to serve on juries at such respective courts; any thing herein contained to the contrary thereof in any-wise notwithstanding.
12.
And be it further enacted by the authority aforesaid, That every summons of any person, to serve upon any of the juries at the said courts, or any of them, shall be made by the sheriff, or other person, ten days at the least before the holding of every such court; and in case any jurors, so to be summoned, be absent from the usual place of his habitation at the time of such summons, notice of such summons shall be given, by leaving a note, in writing, under the hand of such sheriff, or person, containing the contents thereof, at the dwelling-house of such juror, with some person inhabiting in the same.
13.
Provided always, and be it further enacted by the authority aforesaid, That in case a sufficient number of persons qualified to serve on juries shall not appear at the said courts, or any of them, to perform the service of grand or petit jurors; that then, and in such case, it shall be lawful for the said court to issue a writ or precept to the sheriff, requiring him to summon a sufficient number of other persons qualified to serve on juries, immediately to appear at such court, to fill up and complete the number of jurors to serve at such court; and such persons are hereby required to appear and serve as jurors at the said courts accordingly.
14.
And be it further enacted by the authority aforesaid, That no person who shall serve as a juror, at any of the said courts, shall be liable to serve again as a juror at the same court, or any other of the courts aforesaid, for the space of three years then next following; except upon special juries.
15.
And, in order that sheriffs may be informed of the persons who have served as jurors, it is hereby further enacted by the authority, aforesaid, that every sheriff shall prepare and keep a book, or register, wherein. the names of all such persons who have served as jurors, with their additions and places of abode, and the times when, and the courts in which they served, shall be alphabetically entered and registered; which books or registers shall, from time to time, be delivered over to the succeeding sheriff of the said county; within ten days after he shall enter upon his office; and every juror, who shall attend and serve at any of the courts aforesaid, may at the expiration of the time of holding every such court, upon, application to the sheriff, or his deputy, have a certificate immediately, gratis, from the sheriff, or his deputy, testifying such his attendance and service; which said certificate the said sheriff, or his deputy, is required to give to every such juror.
16.
And be it further enacted by the authority aforesaid, That if, by reason of challenges, or otherwise, there shall not be a sufficient number of jurors for the trial of any prosecution for any misdemeanor, or any action depending in any of the said courts; then, and in such case, the jury shall be filled up de Talibus Circumstantibus, to be returned by the sheriff, unless he be a party, or interested or related to any party or person interested in such prosecution or action; and, in any of which cases, to be returned by the coroner, unless he be a party, or interested or related to any party or person interested in such prosecution or action; and, in any of these cases, to be returned by a proper and indifferent person, to be appointed by the court for that purpose.
17.
And be it further enacted by the authority aforesaid, That in case any person summoned to serve upon the grand or petit jury, at any of the courts aforesaid, or upon the jury in any prosecution, action, or suit, depending in any of the said courts, shall not appear and serve at the said courts, according to the said summons, (not having any reasonable excuse to be allowed by the judges or justices at such court), he shall be fined by the judges or justices of such court in any sum not exceeding the sum of ten pounds, nor less than twenty shillings sterling.
18.
And be it further enacted by the authority aforesaid, That every sheriff, or other officer, to whom the Venire Facias, or other process or warrant, for the trial of causes, or summoning of juries, shall be directed, shall, upon his return of every such writ, or other process or warrant, (unless in cases where a special jury shall be struck by order or rule of court, pursuant to this act), annex a panel to the said writ, or process, or warrant, containing the Christian and surnames, additions, and places of abode, of a competent number of jurors, named in such lists, which number of jurors shall not be less than 24, nor more than 48, without direction of the judges or justices of such court or session, or one of them, who are hereby respectively empowered and required, if he or they see cause, by order, under his or their respective hand or hands, to direct a greater number; and then such number as shall be so directed shall be the number to be returned to serve on such jury.
19.
And be it further enacted by the authority aforesaid, That for the trials of all actions or suits depending in any of the said courts, the name of each and every person who shall be summoned and returned as aforesaid, with his addition, and the place of his abode, shall be written in several and distinct pieces of parchment, or paper, being all as near as may be of equal size and bigness, and shall be delivered unto the officer to be appointed by the court for that purpose, by the sheriff, under sheriff, or some agent of his; and shall, by direction and care of such officer, be rolled up all as near as may be, in the same manner, and put together in a box or glass to be provided for that purpose; and when any cause shall be brought on to be tried, some indifferent person, by direction of the court, may and shall, in open court, draw out 12 of the said parchments or paper, one after another; and if any of the persons, whose names shall be so drawn, shall not appear, or shall be challenged, and such challenge allowed, then such person shall proceed to draw other parchments or papers from the said box, till 12 indifferent persons shall be drawn; which 12 indifferent persons being sworn shall be the jury to try the said cause: and the names of the persons so drawn and sworn shall be kept apart by themselves in some other box or glass, to be kept, for that purpose, till such jury shall have given in their verdict and the same is recorded, or until such jury shall, by consent of the parties, or leave of the court, be discharged; and then the same names shall be rolled up again, and returned to the former box or glass, there to be kept, with the other names remaining at that time undrawn, and so toties quoties, as long as any cause remains then to be tried.
20.
And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the superior court of assize, and court of common pleas upon motion made on behalf of his Majesty, his heirs or successors, or on the motion of any prosecutor or defendant, in any indictment or information for any misdemeanor depending, or to be brought or prosecuted in the said court, or on the motion of any plaintiff or plaintiffs, defendant or defendants, in any action, cause, or suit whatsoever, depending, or to be brought and carried on in the said court, and the said court, is hereby authorized and required, upon motion as aforesaid, in any of the cases before mentioned, to order and appoint a jury to be struck for the trial of any issue joined in any of the said cases, and triable by a jury of 12 men, by such officer of the said court as the court shall appoint; and for that purpose the sheriff, or his deputy, shall attend such officer with the duplicate of the lists of persons qualified to serve on juries; and such officer shall thereupon take down, in writing, from the said duplicate, the names of 48 persons qualified to serve on juries, with their additions, and places of abode, a copy whereof shall forthwith be delivered to the prosecutors or plaintiffs, their attorneys or agents, and another copy thereof to the defendants, their attorneys or agents, in such prosecutions and causes; and the said officer of the court aforesaid shall, at a time to be fixed by him for that purpose, strike out the names of 12 of the said persons, at the nomination of the prosecutors or plaintiffs, their attorneys or agents, and also the names of 12 others of the said persons, at the nomination of the said defendants in such prosecutions and suits; and the 24 remaining persons shall be struck and summoned, and returned to the said court as jurors, for the trial of such issues.
21.
Provided always, That in case the prosecutors or plaintiffs, or defendants, their attorneys or agents, shall neglect or refuse to attend the officer at the time fixed for striking the names of 24 persons as aforesaid, or nominate the persons to struck out; then, and in such case, the said officer shall, and he is hereby required to strike out the names of such number of the said persons as such prosecutors or plaintiffs, or defendants, might have nominated to be struck out.
22.
And be it further enacted, That the person or party who shall apply for such special jury as aforesaid, shall not only bear and pay the fees for striking such jury, but shall also pay and discharge all the expenses occasioned by the trial of the cause by such special jury, and shall not have any further or other allowance for the same, upon taxation of costs, than such person or party would be entitled unto in case the cause had been tried by a common jury, unless the judge, before whom the cause is tried, shall, immediately after the trial, certify, in open court, under his hand, upon the back of the record, that the same was a cause proper to be tried by a special jury.
23.
And be it further enacted by the authority aforesaid, That, in all actions brought in any of the said courts, where it shall appear to the court in which such actions are depending, that it will be proper and necessary that the jurors who are to try the issues in any such actions, should have the view of the messuages, lands, or place in question, in order to their better understanding the evidence that will be given upon the trial of such issues; in every such case the respective courts in which such actions shall be depending may order the jury to the place in question, who then and there shall have the matters in question shewn them by two persons to be appointed by the court; and the special costs of all such views as allowed by the court, shall, before the trial, be paid by the party who moved for the view, (the adverse party not consenting thereto); and shall, at the taxation of the bill of costs, have the same allowed him, upon his recovering judgment in such trial; and upon all views with the consent of parties, ordered by the court, the costs thereof, as allowed by the court, shall, before trial, be equally paid by the said parties; and in the taxation of the bill of costs, the party recovering judgment shall have the sum by him paid allowed to him; any law, usage, or custom, to the contrary notwithstanding.
24.
And be it further enacted by the authority aforesaid, That if any action shall be brought against any sheriff, for what he shall do in execution, or by virtue of this act, he may plead the general issue, and give the special matter in evidence; and if a verdict shall be found for him, he shall recover treble costs.
