f local self-government which has borne glorious fruit in
the reconcilement of individual freedom with a national sway of imperial
proportions.
It commemorates the advent of that first written constitution of civil
government, that first attempt of a people in that form, by self-imposed
fundamental law, to put it out of their own power to work injustice;
that agreement, signed upon the sea, "to enact, constitute and frame
such just and equal laws and ordinances, acts, constitutions and
offices," as should be "thought most meet and convenient for the general
good of the colony," to which all "due submission and obedience" was
promised. And this was followed a few years later in the sister colony
of Massachusetts Bay by that "Body of Liberties" which, it is well said,
may challenge comparison with Magna Charta itself or the latest Bill of
Rights. Instinct with the spirit of common law, though somewhat
ameliorating its rigor, these "rites, privileges and liberties," to be
"impartially and inviolably enjoyed and observed throughout our
jurisdiction forever," commence with the preamble that "the free
fruition of such liberties, Immunities and privileges humanitie,
Civilitie and Christianitie call for as due to every man in his place
and proportion without impeachment and Infringement, hath ever been and
ever will be the tranquillitie and Stabilitie of Churches and
Commonwealths. And the deniall and deprivall thereof, the disturbance.
If not the ruine of both. We hould it therefore our dutie and saftie,
whilst we are about the further establishment of this Government, to
collect and expresse all such freedomes as for present we foresee may
concern us, and our posteritie after us."
And so they ordain that no man's life or liberty or property can be
taken away, or his honor or good name stained, or his goods or estate in
any way damaged under color of law or countenance of authority, unless
by due process; that every person, inhabitant or foreign, shall enjoy
the same justice and law general to the plantation; that there shall be
no monopolies, except for new inventions profitable to the country, and
for a short time; no imprisonment without bail except for crimes capital
and contempts in open court; freedom of alienation and power to devise;
no primogeniture, no escheats on attainder and execution for felony;
succor to those fleeing from tyranny; full freedom to advise, vote, give
verdict or sentence according to true judgm
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