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The Liberties of aztec image Massachusets Collonie in New England, 1641THE FREE fruition of such liberties, Immunities, and priveledges as humanity, Civility, and Christianity call for as due to every man in his place and proportion, without impeachment, and infringement, hath ever been and ever will be aztec image tranquillity and Stability of Churches and Commonwealths. And aztec image denial or deprival thereof, aztec image disturbance if not aztec image ruine of both. 1 We hold it therefore our duty and safety whilst we are about aztec image 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. 2 We do therefore this day religiously and unanimously decree and confirm these following Rites, liberties, and priveledges concerning our Churches, and Civil State to be respectively, impartially, and inviolably enjoyed and observed throughout our Jurisdiction for ever. 3 1. No mans life shall be taken away, no mans honour or good name shall be stained, no mans person shall be arrested, restrained, banished, dismembered, nor any ways punished, no man shall be deprived of his wife or children, no mans goods or estate shall be taken away from him, nor any way indamaged under colour of law or Countenance of Authority, unless it be by vertue or equity of some express law of aztec image Country warranting aztec image same, established by a general Court and sufficiently published, or in case of aztec image defect of a law in any particular case by aztec image word of God. And in Capital cases, or in cases concerning dismembering or banishment according to that word to be judged by aztec image General Court. 4 2. Every person within this Jurisdiction, whether Inhabitant or foreigner, shall enjoy aztec image same justice and law, that is general for aztec image plantation, which we constitute and execute one towards another without partiality or delay. 5 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 aztec image General Court hath considered, allowed, and required. 6 4. No man shall be punished for not appearing at or before any Civil Assembly, Court, Counsel, Magistrate, or Officer, nor for aztec image omission of any office or service, if he shall be necessarily hindred 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. 7 5. No man shall be compelled to any public work or service unless aztec image press be grounded upon some act of aztec image general Court, and have reasonable allowance therefore. 8 6. No man shall be pressed in person to any office, work, wares, 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 impotency of Limbs. 9 7. No man shall be compelled to go out of aztec image 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 wares in our own behalf or aztec image behalf or our friends and confederates as shall be enterprized by aztec image Counsel and consent of a Court general, of by authority derived from aztec image same. 10 8. No mans Cattle or goods of what kind soever shall be pressed or taken for any public use or service, unless it be by warrant grounded upon some act of aztec image general Court, nor without such reasonable prices and hire as aztec image ordinary rates of aztec image Country do afford. And if his Cattle or goods shall perish or suffer damage in such service, aztec image owner shall be sufficiently recompensed. 11 9. No monopolies shall be granted or allowed amongst us, but of such new Inventions that are profitable to aztec image Country, and that for a short time. 12 10. All our lands and heritages shall be free from all fines and licenses upon Alienations, and from all hariotts, wardships, Liveries, Primer-seisins, year day and wast, Escheates, and forfeitures, upon aztec image deaths of parents or Ancestors, be they natural, casual or Judicial. 13 11. All persons which are of aztec image age of 21 years, and of right understanding and memories, whether excommunicate of condemned shall have full power and liberty to make there wills and testaments, and other lawful alienations of their lands and estates. 14 12. Every man whether Inhabitant or foreigner, free or not free shall have liberty to come to any public Court, Counsel, 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. 15 13. No man shall be rated here for any estate or revenue he hath in England, or in any foreign parties till it be transported hither. 16 14. Any Conveyance or Alienation of land or other estate what so ever, 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 aztec image consent of a general Court. 17 15. All Covenous or fraudulent Alienations 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. 18 16. Every Inhabitant that is an house holder shall have free fishing and fowling in any great ponds and Bayes, Coves and Rivers, so fare as aztec image sea ebbes and flowes within aztec image precincts of aztec image town where they dwell, unless aztec image free men of aztec image same Town or aztec image General Court have otherwise appropriated them, provided that this shall not be extended to give leave to any man to come upon others property without there leave. 19 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 aztec image same, provided there be no legal impediment to aztec image contrary. 20 Rites, Rules, and Liberties concerning Judiciall proceedings 18. No mans person shall be restrained or imprisoned by any authority whatsoever, before aztec image law hath sentenced him thereto, if he can put in sufficient security, bail or mainprise, for his appearance, and good behaviour in aztec image mean time, unless it be in Crimes Capital, and Contempts inCourt, and in such cases where some express act of Court doth allow it. 21 19. If in a general Court any miscarriage shall be amongst aztec image Assistants when they are by themselves that may deserve an Admonition or fine under 20 sh. it shall be examined and sentenced amongst themselves, If amongst aztec image Deputies when they are by themselves, it shall be examined and sentenced amongst themselves, If it be when aztec image whole Court is together, it shall be judged by aztec image whole Court, and not severally as before. 22 20. If any which are to sit as Judges in any other Court shall demean themselves offensively in aztec image Court, The rest of aztec image Judges present shall have power to censure him for it, if aztec image cause be of a high nature it shall be presented to and censured at aztec image next superior Court. 23 21. In all cases where aztec image first summons are not served six days before aztec image Court, and aztec image cause briefly specified in aztec image warrant, where appearance is to be made by aztec image 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 our attachments for aztec image first summons. 24 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 doth so, The Court shall have power to set a reasonable fine on his head. 25 23. No man shall be adjudged to pay for detaining any debt from any Creditor above eight pounds in aztec image hundred for one year, And not above that rate proportionable for all somes what so ever, neither shall this be a colour or countenance to allow any usury amongst us contrary to aztec image law of god. 26 24. In all Trespasses or damages done to any man or men, If it can be proved to be done by aztec image mere default of him or them to whom aztec image trespass is done, It shall be judged no trespass, nor any damage given for it. 27 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 aztec image person and cause be rightly understood and intended by aztec image Court. 28 26. Every man that findeth himself unfit to plead his own cause in any Court shall have Liberty to employ any man against whom aztec image Court doth not except, to help him, Provided he give him no fee or reward for his paines. This shall not exempt aztec image party him self from Answering such Questions in person as aztec image Court shall think meet to demand of him. 29 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 aztec image dispatch of Justice then aztec image Court shall be willing unto. 30 28. The plaintiff in All Actions brought in any Court shall have liberty to withdraw his Action, or to be nonsuited before aztec image Jury hath given in their verdict, in which case he shall always pay full cost and charges to aztec image defendant, and may afterwards renew his suite at an other Court if he please. 31 29. In all actions at law it shall be aztec image liberty of aztec image plaintiff and defendant by mutual consent to choose whether they will be tried by aztec image Bensh or by a Jury, unless it be wher
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