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Massachusetts Body of Liberties
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The Body of Liberties was one of the earliest protections of individual rights in America.Bernard Schwartz, The great rights of mankind: a history of the American Bill of Rights, Rowman & Littlefield, 1992, 0945612281, page 51. Unlike many of the English sources of the time, the Body of Liberties was express in many of its grants and far more supportive of individual rights. Despite the grants, the rights were modifiable by the General Court.To varying degrees, the document contained rights that would later be included in the Bill of Rights. Many of the other rights are now considered fundamental components of procedural due process, such as rights to notice and hearing before the court. The rights also contained in the Bill of Rights included freedom of speech, a right against uncompensated takings, a right to bail, a right to jury trial, a right against cruel and unusual punishment, and a right against double jeopardy.There is a partial prohibition of monopolies:{{blockquote|"No monopolies shall be granted or allowed amongst us, but of such new Inventions that are profitable to the Countrie, and that for a short time." }}In addition, the Body of Liberties also contained other individual rights, including a prohibition of a compulsory draft except for territorial defense; prohibition of an estate tax; the freedom of all "house holders" to fishing and fowling on public land; and a declaration that a married woman should be "free from bodilie correction or stripes by her husband."The Massachusetts Body of Liberties (1641) at Hanover Historical Texts Project.The Body of Liberties also contained regulations against "Tirranny or Crueltie" toward domestic animals, which were the first American modern animal protection laws.BOOK,weblink Ravished by Beauty: The Surprising Legacy of Reformed Spirituality, Belden C. Lane, 21 April 2011, 9780199831685, April 19, 2016, {{blockquote|Passage 92: "No man shall exercise any Tirranny or Crueltie towards any bruite Creature which are usuallie kept for man's use."}}Slavery
Some of the liberties legislated are explicitly cited as originating from biblical sources. Many of the liberties established still exist in both and law and practice in the Commonwealth today, but some do not. The justification for slavery of Africans in Passage 91 of the Body of Liberties was likely based on an interpretation of scriptural passages of the New Testament, such as Ephesians 6:5 and Titus 2:9. Full liberties and political rights were extended only to men who had been approved as members of their local Puritan church.{{blockquote|Passage 91: "There shall never be any bond slaverie, villinage or Captivitie amongst us unles it be lawfull Captives taken in just warres, and such strangers as willingly selle 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 Authoritie."}}Native Americans taken prisoner during wars were shipped to the West Indies, where they would be slaves on the sugar cane plantations. Returning ships brought African-born and -descended slaves to New England.Gallay, Alan. (2002) The Indian Slave Trade: The Rise of the English Empire in the American South 1670â1717. Yale University Press: New York. {{ISBN|0-300-10193-7}}, pg. 7, 299-320 The provision that only war captives or purchased slaves could be kept was enforced: in 1645, the owners of a ship that was determined to have brought two black men who had been kidnapped in Africa were sentenced to send them back, together with an apology from Massachusetts.JOURNAL, Kelley, Sean M., Massacre at Portudal?: Reexamining the Rainbow, Boston's First Transatlantic Slaving Voyage, 1644â45, Historical Journal of Massachusetts, Winter 2021, 49, 1, 82-109,weblink 20 March 2024, Institute of Massachusetts Studies, 02768313, Slavery was legal in Massachusetts until 1780 and ended with the passage of the Constitution of Massachusetts.External links
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