Founding Documents

New Hampshire Constitution, 1784

2012-01-31T17:15:00.001-08:00

- Bill of Rights

Article 1. [Equality of Men; Origin and Object of Government.] All men are born equally free and independent; therefore, all government of right originates from the people, is founded in consent, and instituted for the general good.

June 2, 1784*

*The date on which each article was proclaimed as having been adopted is given after each article. This is followed by the year in which amendments were adopted and the subject matter of all the amendments.

[Art.] 2. [Natural Rights.] All men have certain natural, essential, and inherent rights - among which are, the enjoying and defending life and liberty; acquiring, possessing, and protecting, property; and, in a word, of seeking and obtaining happiness. Equality of rights under the law shall not be denied or abridged by this state on account of race, creed, color, sex or national origin.

June 2, 1784

Amended 1974 adding sentence to prohibit discrimination.

[Art.] 2-a. [The Bearing of Arms.] All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state.

December 1, 1982

[Art.] 3. [Society, its Organization and Purposes.] When men enter into a state of society, they surrender up some of their natural rights to that society, in order to ensure the protection of others; and, without such an equivalent, the surrender is void.

June 2, 1784

[Art.] 4. [Rights of Conscience Unalienable.] Among the natural rights, some are, in their very nature unalienable, because no equivalent can be given or received for them. Of this kind are the Rights of Conscience.

June 2, 1784

[Art.] 5. [Religious Freedom Recognized.] Every individual has a natural and unalienable right to worship God according to the dictates of his own conscience, and reason; and no subject shall be hurt, molested, or restrained, in his peers on, liberty, or estate, for worshipping God in the manner and season most agreeable to the dictates of his own conscience; or for his religious profession, sentiments, or persuasion; provided he doth not disturb the public peace or disturb others in their religious worship.

June 2, 1784

[Art.] 6. [Morality and Piety.] As morality and piety, rightly grounded on high principles, will give the best and greatest security to government, and will lay, in the hearts of men, the strongest obligations to due subjection; and as t he knowledge of these is most likely to be propagated through a society, therefore, the several parishes, bodies, corporate, or religious societies shall at all times have the right of electing their own teachers, and of contracting with them for their support or maintenance, or both. But no person shall ever be compelled to pay towards the support of the schools of any sect or denomination. And every person, denomination or sect shall be equally under the protection of the law; and no subordination of a ny one sect, denomination or persuasion to another shall ever be established.

June 2, 1784
Amended 1968 to remove obsolete sectarian references.

[Art.] 7. [State Sovereignty.] The people of this state have the sole and exclusive right of governing themselves as a free, sovereign, and independent state; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America in congress assembled.

June 2, 1784

[Art.] 8. [Accountability of Magistrates and Officers; Public’s Right to Know.] All power residing originally in, and being derived from, the people, all the magistrates and officers of government are their substitutes and agents, and at all times accountable to them. Government, therefore, should be open, accessible, accountable and responsive. To that end, the public’s right of access to governmental proceedings and records shall not be unreasonably restricted.

June 2, 1784
Amended 1976 by providing right of access to governmental proceedings and records.

[Art.] 9. [No Hereditary Office or Place.] No office or place, whatsoever, in government, shall be hereditary - the abilities and integrity requisite in all, not being transmissible to posterity or relations.

June 2, 1784

[Art.] 10. [Right of Revolution.] Government being instituted for the common benefit, protection, and security, of the whole community, and not for the private interest or emolument of any one man, family, or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government. The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind.

June 2, 1784

[Art.] 11. [Elections and Elective Franchises.] All elections are to be free, and every inhabitant of the state of 18 years of age and upwards shall have an equal right to vote in any election. Every person shall be considered an inhabitant for the purposes of voting in the town, ward, or unincorporated place where he has his domicile. No person shall have the right to vote under the constitution of this state who has been convicted of treason, bribery or any willful violation of the election laws of this state or of the United States; but the supreme court may, on notice to the attorney general, restore the privilege to vote to any person who may have forfeited it by conviction of such offenses. The general court shall provide by law for voting by qualified voters who at the time of the biennial or state elections, or of the primary elections therefor, or of city elections, or of town elections by official ballot, are absent from the city or town of which they are inhabitants, or who by reason of physical disability are unable to vote in person, in the choice of any officer or officers to be elected or upon any question submitted at such election. Voting registration and polling places shall be easily accessible to all persons including disabled and elderly persons who are otherwise qualified to vote in the choice of any officer or officers to be elected or upon any question submitted at such election. The right to vote shall not be denied to any person because of the non-payment of any tax. Every inhabitant of the state, having the proper qualifications, has equal right to be elected into office.

June 2, 1784
Amended 1903 to provide that in order to vote or be eligible for office a person must be able to read the English language and to write.
Amended 19l2 to prohibit those convicted of treason, bribery or willfull violation of the election laws from voting or holding elective office.
Amended 1942 to provide for absentee voting in general elections.
Amended 1956 to provide for absentee voting in primary elections.
Amended 1968 to provide right to vote not denied because of nonpayment of taxes. Also amended in 1968 to delete an obsolete phrase.
Amended 1976 to reduce voting age to 18.
Amended 1984 to provide accessibility to all registration and polling places.

[Art.] 12. [Protection and Taxation Reciprocal.] Every member of the community has a right to be protected by it, in the enjoyment of his life, liberty, and property; he is therefore bound to contribute his share in the expense of such protection, and to yield his personal service when necessary. But no part of a man’s property shall be taken from him, or applied to public uses, without his own consent, or that of the representative body of the people. Nor are the inhabitants of this state controllable by any other laws than those to which they, or their representative body, have given their consent.

June 2, 1784
Amended 1964 by striking out reference to buying one’s way out of military service.

[Art.] 12-a. [Power to Take Property Limited.] No part of a person's property shall be taken by eminent domain and transferred, directly or indirectly, to another person if the taking is for the purpose of private development or other private use of the property.

November 7, 2006

[Art.] 13. [Conscientious Objectors not Compelled to Bear Arms.] No person, who is conscientiously scrupulous about the lawfulness of bearing arms, shall be compelled thereto.

June 2, 1784
Amended 1964 by striking out reference to buying one’s way out of military service.

[Art.] 14. [Legal Remedies to be Free, Complete, and Prompt.] Every subject of this state is entitled to a certain remedy, by having recourse to the laws, for all injuries he may receive in his person, property, or character; to obtain right and justice freely, without being obliged to purchase it; completely, and without any denial; promptly, and without delay; conformably to the laws.

June 2, 1784

[Art.] 15. [Right of Accused.] No subject shall be held to answer for any crime, or offense, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse or furnish evidence against himself. Every subject shall have a right to produce all proofs that may be favorable to himself; to meet the witnesses against him face to face, and to be fully heard in his defense, by himself, and counsel. No subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land; provided that, in any proceeding to commit a person acquitted of a criminal charge by reason of insanity, due process shall require that clear and convincing evidence that the person is potentially dangerous to himself or to others and that the person suffers from a mental disorder must be established. Every person held to answer in any crime or offense punishable by deprivation of liberty shall have the right to counsel at the expense of the state if need is shown; this right he is at liberty to waive, but only after the matter has been thoroughly explained by the court.

June 2, 1784
Amended 1966 to provide the right to counsel at state expense if the need is shown.
Amended 1984 reducing legal requirement proof beyond a reasonable doubt to clear and convincing evidence in insanity hearings.

[Art.] 16. [Former Jeopardy; Jury Trial in Capital Cases.] No subject shall be liable to be tried, after an acquittal, for the same crime or offense. Nor shall the legislature make any law that shall subject any person to a capital punishment, (excepting for the government of the army and navy, and the militia in actual service) without trial by jury.

June 2, 1784

[Art.] 17. [Venue of Criminal Prosecutions.] In criminal prosecutions, the trial of facts, in the vicinity where they happened, is so essential to the security of the life, liberty and estate of the citizen, that no crime or offense ought to be tried in any other county or judicial district than that in which it is committed; except in any case in any particular county or judicial district, upon motion by the defendant, and after a finding by the court that a fair and impartial trial cannot be had where the offense may be committed, the court shall direct the trial to a county or judicial district in which a fair and impartial trial can be obtained.

June 2, 1784
Amended 1792 to change "assembly" to: legislature.
Amended 1978 so that court at defendant’s request may change trial to another county or judicial district.

[Art.] 18. [Penalties to be Proportioned to Offenses; True Design of Punishment.] All penalties ought to be proportioned to the nature of the offense. No wise legislature will affix the same punishment to the crimes of theft, forgery , and the like, which they do to those of murder and treason. Where the same undistinguishing severity is exerted against all offenses, the people are led to forget the real distinction in the crimes themselves, and to commit the most flagrant with as little compunction as they do the lightest offenses. For the same reason a multitude of sanguinary laws is both impolitic and unjust. The true design of all punishments being to reform, not to exterminate mankind.

June 2, 1784
Amended 1792 deleting "those of" after do in 3d sentence and changing "dye" to: offenses.

[Art.] 19. [Searches and Seizures Regulated.] Every subject hath a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his possessions. Therefore, all warrants to search suspected places, or arrest a person for examination or trial in prosecutions for criminal matters, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation; and if the order, in a warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest, or seizure; and no warrant ought to be issued; but in cases and with the formalities, prescribed by law.

June 2, 1784
Amended 1792 to change order of words.

[Art.] 20. [Jury Trial in Civil Causes.] In all controversies concerning property, and in all suits between two or more persons except those in which another practice is and has been customary and except those in which the value in controversy does not exceed $1,500 and no title to real estate is involved, the parties have a right to a trial by jury. This method of procedure shall be held sacred, unless, in cases* arising on the high seas and in cases relating to mariners’ wages, the legislature shall think it necessary hereafter to alter it.

June 2, 1784
Amended in 1877 to prohibit jury trials unless the amount in controversy exceeds $l00.
Amended in 1960 to increase the amount to $500 before a jury trial may be requested.

*"Cases" appears in 1792 parchment copy of constitution. Original constitution had "causes." Amended in 1988 to change $500 to $1,500

[Art.] 21. [Jurors; Compensation.] In order to reap the fullest advantage of the inestimable privilege of the trial by jury, great care ought to be taken, that none but qualified persons should be appointed to serve; and such ought to be fully compensated for their travel, time and attendance.

June 2, 1784

[Art.] 22. [Free Speech; Liberty of the Press.] Free speech and liberty of the press are essential to the security of freedom in a state: They ought, therefore, to be inviolably preserved.

June 2, 1784
Amended 1968 to include free speech.

[Art.] 23. [Retrospective Laws Prohibited.] Retrospective laws are highly injurious, oppressive, and unjust. No such laws, therefore, should be made, either for the decision of civil causes, or the punishment of offenses.

June 2, 1784

[Art.] 24. [Militia.] A well regulated militia is the proper, natural, and sure defense, of a state.

June 2, 1784

[Art.] 25. [Standing Armies.] Standing armies are dangerous to liberty, and ought not to be raised, or kept up, without the consent of the legislature.

June 2, 1784

[Art.] 26. [Military Subject to Civil Power.] In all cases, and at all times, the military ought to be under strict subordination to, and governed by, the civil power.

June 2, 1784

[Art.] 27. [Quartering of Soldiers.] No soldier in time of peace, shall be quartered in any house, without the consent of the owner; and in time of war, such quarters ought not to be made but by the civil authorities in a manner ordained by the legislature.

June 2, 1784
Amended in 1980 substituting "authorities" for "magistrate."

[Art.] 28. [Taxes, by Whom Levied.] No subsidy, charge, tax, impost, or duty, shall be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people, or their representatives in the legislature, or authority derived from that body.

June 2, 1784

[Art.] 28-a. [Mandated Programs.] The state shall not mandate or assign any new, expanded or modified programs or responsibilities to any political subdivision in such a way as to necessitate additional local expenditures by the political subdivision unless such programs or responsibilities are fully funded by the state or unless such programs or responsibilities are approved for funding by a vote of the local legislative body of the political subdivision.

November 28, 1984

[Art.] 29. [Suspension of Laws by Legislature Only.] The power of suspending the laws, or the execution of them, ought never to be exercised but by the legislature, or by authority derived therefrom, to be exercised in such particular cases only as the legislature shall expressly provide for.

June 2, 1784

[Art.] 30. [Freedom of Speech.] The freedom of deliberation, speech, and debate, in either house of the legislature, is so essential to the rights of the people, that it cannot be the foundation of any action, complaint, or prosecution, in any other court or place whatsoever.

June 2, 1784

[Art.] 31. [Meetings of Legislature, for What Purposes.] The legislature shall assemble for the redress of public grievances and for making such laws as the public good may require.

June 2, 1784
Amended 1792 generally rewording sentence and omitting "for correcting, strengthening and confirming the laws."

[Art.] 32. [Rights of Assembly, Instruction, and Petition.] The people have a right, in an orderly and peaceable manner, to assemble and consult upon the common good, give instructions to their representatives, and to request of the legislative body, by way of petition or remonstrance, redress of the wrongs done them, and of the grievances they suffer.

June 2, 1784

[Art.] 33. [Excessive Bail, Fines, and Punishments Prohibited.] No magistrate, or court of law, shall demand excessive bail or sureties, impose excessive fines, or inflict cruel or unusual punishments.

June 2, 1784

[Art.] 34. [Martial Law Limited.] No person can, in any case, be subjected to law martial, or to any pains or penalties by virtue of that law, except those employed in the army or navy, and except the militia in actual service, but by authority of the legislature.

June 2, 1784

[Art.] 35. [The Judiciary; Tenure of Office, etc.] It is essential to the preservation of the rights of every individual, his life, liberty, property, and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as impartial as the lot of humanity will admit. It is therefore not only the best policy, but for the security of the rights of the people, that the judges of the supreme judicial court should hold their offices so long as they behave well; subject, however, to such limitations, on account of age, as may be provided by the constitution of the state; and that they should have honorable salaries, ascertained and established by standing laws.

June 2, 1784
Amended 1792 to provide for age limitation as provided by the constitution.

Art.] 36. [Pensions.] Economy being a most essential virtue in all states, especially in a young one, no pension shall be granted, but in consideration of actual services; and such pensions ought to be granted with great caution, by the legislature, and never for more than one year at a time.

June 2, 1784

[Art.] 36-a [Use of Retirement Funds.] The employer contributions certified as payable to the New Hampshire retirement system or any successor system to fund the system’s liabilities, as shall be determined by sound actuarial valuation and practice, independent of the executive office, shall be appropriated each fiscal year to the same extent as is certified. All of the assets and proceeds, and income there from, of the New Hampshire retirement system and of any and all other retirement systems for public officers and employees operated by the state or by any of its political subdivisions, and of any successor system, and all contributions and payments made to any such system to provide for retirement and related benefits shall be held, invested or disbursed as in trust for the exclusive purpose of providing for such benefits and shall not be encumbered for, or diverted to, any other purposes.

November 28, 1984

[Art.] 37. [Separation of Powers.] In the government of this state, the three essential powers thereof, to wit, the legislative, executive, and judicial, ought to be kept as separate from, and independent of, each other, as the nature of a free government will admit, or as is consistent with that chain of connection that binds the whole fabric of the constitution in one indissoluble bond of union and amity.

June 2, 1784

[Art.] 38. [Social Virtues Inculcated.] A frequent recurrence to the fundamental principles of the constitution, and a constant adherence to justice, moderation, temperance, industry, frugality, and all the social virtues, are indispensably necessary to preserve the blessings of liberty and good government; the people ought, therefore, to have a particular regard to all those principles in the choice of their officers and representatives, and they have a right to require of their lawgivers and magistrates, an exact and constant observance of them, in the formation and execution of the laws necessary for the good administration of government.

June 2, 1784

[Art.] 39. [Changes in Town and City Charters, Referendum Required.] No law changing the charter or form of government of a particular city or town shall be enacted by the legislature except to become effective upon the approval of the voters of such city or town upon a referendum to be provided for in said law. The legislature may by general law authorize cities and towns to adopt or amend their charters or forms of government in any way which is not in conflict with general law, provided that such charters or amendments shall become effective only upon the approval of the voters of each such city or town on a referendum.

November 16, 1966

Form of Government

Article 1. [Name of Body Politic.] The people inhabiting the territory formerly called the province of New Hampshire, do hereby solemnly and mutually agree with each other, to form themselves into a free, sovereign and independent body-politic, or state, by the name of the State of New Hampshire.

June 2, 1784

GENERAL COURT

[Art.] 2. [Legislature, How Constituted.] The supreme legislative power, within this state, shall be vested in the senate and house of representatives, each of which shall have a negative on the other.

June 2, 1784

[Art.] 3. [General Court, When to Meet and Dissolve.] The senate and house shall assemble biennially on the first Wednesday of December for organizational purposes in even numbered years, and shall assemble annually on the first Wednesday following the first Tuesday in January, and at such other times as they may judge necessary; and shall dissolve and be dissolved at 12:01 A.M. on the first Wednesday of December in even numbered years and shall be styled The General Court of New Hampshire.

June 2, 1784
Amended 1877 changing annual sessions to biennial sessions.
Amended 1889 calling for the legislature to meet in January instead of June.
1966 amendment permitting annual sessions was ruled invalid in Gerber v. King, 107 NH 495.
Amended 1974 to permit organizational meetings in December and the January meeting to be on the first Wednesday after the first Tuesday.
Amended 1984 changing biennial sessions to annual sessions.

[Art.] 4. [Power of General Court to Establish Courts.] The general court (except as otherwise provided by Article 72-a of Part 2) shall forever have full power and authority to erect and constitute judicatories and courts of record, or other courts, to beholden, in the name of the state, for the hearing, trying, and determining, all manner of crimes, offenses, pleas, processes, plaints, action, causes, matters and things whatsoever arising or happening within this state, or between or concerning persons inhabiting or residing, or brought, within the same, whether the same be criminal or civil, or whether the crimes be capital, or not capital, and whether the said pleas be real, personal or mixed, and for the awarding and issuing execution thereon. To which courts and judicatories, are hereby given and granted, full power and authority, from time to time, to administer oaths or affirmations, for the better discovery of truth in any matter in controversy, or depending before them.

June 2, 1784
Amended 1966 to add exception relating to Art. 72-a, Part 2.

[Art.] 5. [Power to Make Laws, Elect Officers, Define Their Powers and Duties, Impose Fines and Assess Taxes; Prohibited from Authorizing Towns to Aid Certain Corporations.] And farther, full power and authority are hereby given and granted to the said general court, from time to time, to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes, ordinances, directions, and instructions, either with penalties, or without, so as the same be not repugnant or contrary to this constitution, as they may judge for the benefit and welfare of this state, and for the governing and ordering thereof, and of the subjects of the same, for the necessary support and defense of the government thereof, and to name and settle biennially, or provide by fixed laws for the naming and settling, all civil officers within this state, such officers excepted, the election and appointment of whom are hereafter in this form of government otherwise provided for; and to set forth the several duties, powers, and limits, of the several civil and military officers of this state, and the forms of such oaths or affirmations as shall be respectively administered unto them, for the execution of their several offices and places, so as the same be not repugnant or contrary to this constitution; and also to impose fines, mulcts, imprisonments, and other punishments, and to impose and levy proportional and reasonable assessments, rates, and taxes, upon all the inhabitants of, and residents within, the said state; and upon all estates within the same; to be issued and disposed of by warrant, under the hand of the governor of this state for the time being, with the advice and consent of the council, for the public service, in the necessary defense and support of the government of this state, and the protection and preservation of the subjects thereof, according to such acts as are, or shall be, in force within the same; provided that the general court shall not authorize any town to loan or give its money or credit directly or indirectly for the benefit of any corporation having for its object a dividend of profits or in any way aid the same by taking its stocks or bonds. For the purpose of encouraging conservation of the forest resources of the state, the general court may provide for special assessments, rates and taxes on growing wood and timber.

June 2, 1784
Amended 1792 changing "president" to "governor."
Amended 1877 changing "annually" to "biennially." Also amended to prohibit towns and cities from loaning money or credit to corporations.
Amended 1942 to permit a timber tax.

[Art.] 5-a. [Continuity of Government in Case of Enemy Attack.] Notwithstanding any general or special provision of this constitution, the general court, in order to insure continuity of state and local government operations in periods of emergency resulting from disasters caused by enemy attack, shall have the power and the immediate duty to provide for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices, and to adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations including but not limited to the financing thereof. In the exercise of the powers hereby conferred the general court shall in all respects conform to the requirements of this constitution except to the extent that in the judgment of the general court so to do would be impracticable or would admit of undue delay.

November 30, 1942

[Art.] 5-b. [Power to Provide for Tax Valuations Based on Use.] The general court may provide for the assessment of any class of real estate at valuations based upon the current use thereof.

November 15, 1968

[Art.] 6. [Valuation and Taxation.] The public charges of government, or any part thereof, may be raised by taxation upon polls, estates, and other classes of property, including franchises and property when passing by will or inheritance; and there shall be a valuation of the estates within the state taken anew once in every five years, at least, and as much oftener as the general court shall order.

June 2, 1784 Amended 1903 to permit taxes on other classes of property including franchises and property passing by inheritances.

[Art.] 6-a. [Use of Certain Revenues Restricted to Highways.] All revenue in excess of the necessary cost of collection and administration accruing to the state from registration fees, operators’ licenses, gasoline road tolls or any other special charges or taxes with respect to the operation of motor vehicles or the sale or consumption of motor vehicle fuels shall be appropriated and used exclusively for the construction, reconstruction and maintenance of public highways within this state, including the supervision of traffic thereon and payment of the interest and principal of obligations incurred for said purposes; and no part of such revenues shall, by transfer of funds or otherwise, be diverted to any other purpose whatsoever.

November 29, 1938

[Art.] 6-b. [Use of Lottery Revenues Restricted to Educational Purposes.] All moneys received from a state-run lottery and all the interest received on such moneys shall, after deducting the necessary costs of administration, be appropriated and used exclusively for the school districts of the state. Such moneys shall be used exclusively for the purpose of state aid to education and shall not be transferred or diverted to any other purpose.

November 6, 1990

[Art.] 7. [Members of Legislature Not to Take Fees or Act as Counsel.] No member of the general court shall take fees, be of counsel, or act as advocate, in any cause before either branch of the legislature; and upon due proof thereof, such member shall forfeit his seat in the legislature.

September 5, 1792

[Art.] 8. [Open Sessions of Legislature.] The doors of the galleries, of each house of the legislature, shall be kept open to all persons who behave decently, except when the welfare of the state, in the opinion of either branch, shall require secrecy.

September 5, 1792

House of Representatives

[Art.] 9. [Representatives Elected Every Second Year; Apportionment of Representatives.] There shall be in the legislature of this state a house of representatives, biennially elected and founded on principles of equality, and representation therein shall be as equal as circumstances will admit. The whole number of representatives to be chosen from the towns, wards, places, and representative districts thereof established hereunder, shall be not less than three hundred seventy-five or more than four hundred. As soon as possible after the convening of the next regular session of the legislature, and at the session in 1971, and every ten years thereafter, the legislature shall make an apportionment of representatives according to the last general census of the inhabitants of the state taken by authority of the United States or of this state. In making such apportionment, no town, ward or place shall be divided nor the boundaries thereof altered.

June 2, 1784
Amended 1877 three times providing for biennial elections; increasing representation from 150 rateable polls to 600; prohibiting towns and wards from being altered so as to increase representation.
Amended 1942 limiting size of House to between 375 and 400.
Amended 1964 providing for equal representation.

[Art.] 9-a. [Legislative Adjustments of Census with Reference to Non-Residents.] The general court shall have the power to provide by statute for making suitable adjustments to the general census of the inhabitants of the state taken by the authority of the United States or of this state on account of non-residents temporarily residing in this state.

November 30, 1960

[Art.] 10. [Representation of Small Towns.] (Repealed)

June 2, 1784. Small towns grouped together to provide one representative for 150 rateable polls. The election meeting was to rotate annually between the towns.
Amended 1877 increasing districts to 600 inhabitants; rotation of meeting changed to biennially.
Repealed in 1889. Provisions incorporated into Art. 11.

[Art.] 11. [Small Towns; Representation by Districts.] When the population of any town or ward, according to the last federal census, is within a reasonable deviation from the ideal population for one or more representative seats, the town or ward shall have its own district of one or more representative seats. The apportionment shall not deny any other town or ward membership in one non-floterial representative district. When any town, ward, or unincorporated place has fewer than the number of inhabitants necessary to entitle it to one representative, the legislature shall form those towns, wards, or unincorporated places into representative districts which contain a sufficient number of inhabitants to entitle each district so formed to one or more representatives for the entire district. In forming the districts, the boundaries of towns, wards, and unincorporated places shall be preserved and contiguous. The excess number of inhabitants of district may be added to the excess number of inhabitants of other districts to form at-large or floterial districts conforming to acceptable deviations. The legislature shall form the representative districts at the regular session following every decennial federal census.

June 2, 1784
Amended 1792 changing General Assembly to General Court.
Amended 1877 changing 150 rateable polls to 600 inhabitants.
Amended 1889 providing that towns of less than 600 should be represented a proportional amount of time instead of being classed as formerly provided in Art. 10.
Amended 1942 deleting reference to 600 and providing that small towns should be represented at least once in every 10 years.
Amended 1964 to permit small towns to be districted for one or more representatives.
Amended November 7, 2006 to enable towns with sufficient population to have their own representative district and permits the use of floterial districts.

[Art.] 11-a. [Division of Town, Ward or Place; Representative Districts.] Notwithstanding Articles 9 and 11, a law providing for an apportionment to form representative districts under Articles 9 and 11 of Part Second may divide a town, ward or unincorporated place into two or more representative districts if such town, ward or place, by referendum requests such division.

November 22, 1978 (Rejected in 1976 as proposed by convention, but adopted in 1978 as proposed by the general court and including both representative and senate districts.)

[Art.] 12. [Biennial Election of Representatives in November.] The members of the house of representatives shall be chosen biennially, in the month of November, and shall be the second branch of the legislature.

June 2, 1784
Amended twice in 1877 substituting "biennially" for "annually" and "November" for "March."

[Art.] 13. [Qualifications of Electors.] (Repealed)
June 2, 1784. All persons qualified to vote in the election of senators shall be entitled to vote within the town, district, parish,or place where they dwell, in the choice of representatives. Note: The phrase "town, district, parish, or place"; was shortened to "district" in engrossed copy of 1792, apparently without authority.
Repealed in 1976.

[Art.] 14. [Representatives, How Elected, Qualifications of.] Every member of the house of representatives shall be chosen by ballot; and, for two years, at least, next preceding his election shall have been an inhabitant of this state; shall be, at the time of his election, an inhabitant of the town, ward, place, or district he may be chosen to represent and shall cease to represent such town, ward, place, or district immediately on his ceasing to be qualified as aforesaid.

June 2, 1784
Amended 1852 deleting provision for representatives to have an estate of 100 pounds.
Amended 1877 deleting requirement that representatives be Protestants.
Amended 1956 substituting "ward" for "parish."
Amended 1964 adding word "district."

[Art.] 15. [Compensation of the Legislature.] The presiding officers of both houses of the legislature, shall severally receive out of the state treasury as compensation in full for their services for the term elected the sum of $250, and all other members thereof, seasonably attending and not departing without license, the sum of $200 and each member shall receive mileage for actual daily attendance on legislative days, but not after the legislature shall have been in session for 45 legislative days or after the first day of July following the annual assembly of the legislature, whichever occurs first; provided, however, that, when a special session shall be called by the governor or by a 2/3 vote of the then qualified members of each branch of the general court, such officers and members shall receive for attendance an additional compensation of $3 per day for a period not exceeding 15 days and the usual mileage. Nothing herein shall prevent the payment of additional mileage to members attending committee meetings or on other legislative business on nonlegislative days.

June 2, 1784
Amended 1792 requiring state to pay wages instead of town.
Amended 1889 setting salary for members at $200 and for officers at $250 with $3 per day for special sessions.
Amended 1960 limiting mileage to 90 legislative days.
Amended 1984 limiting mileage to 45 legislative days in each annual session.

[Art.] 16. [Vacancies in House, How Filled.] All intermediate vacancies, in the house of representatives may be filled up, from time to time, in the same manner as biennial elections are made.

June 2, 1784
Amended 1877 changing "annual" to "biennial" elections.

[Art.] 17. [House to Impeach Before the Senate.] The house of representatives shall be the grand inquest of the state; and all impeachments made by them, shall be heard and tried by the senate.

June 2, 1784

[Art.] 18. [Money Bills to Originate in House.] All money bills shall originate in the house of representatives; but the senate may propose, or concur with amendments, as on other bills.

June 2, 1784

[Art.] 18-a [Budget Bills.] All sections of all budget bills before the general court shall contain only the operating and capital expenses for the executive, legislative and judicial branches of government. No section or footnote of any such budget bill shall contain any provision which establishes, amends or repeals statutory law, other than provisions establishing, amending or repealing operating and capital expenses for the executive, legislative and judicial branches of government.

November 28, 1984

[Art.] 19. [Adjournment.] The house of representatives shall have the power to adjourn themselves.

June 2, 1784
Amended 1948 substituting "five" for "two" days as length of adjournment.
Amended 1966 removing limitation on adjournment.

[Art.] 20. [Quorum, What Constitutes.] A majority of the members of the house of representatives shall be a quorum for doing business: But when less than two-thirds of the representatives elected shall be present, the assent of two-thirds of those members shall be necessary to render their acts and proceedings valid.

June 2, 1784

[Art.] 21. [Privileges of Members of Legislature.] No member of the house of representatives, or senate shall be arrested, or held to bail, on mesne process, during his going to, returning from, or attendance upon, the court.

June 2, 1784

[Art.] 22. [House to Elect Speaker and Officers, Settle Rules of Proceedings, and Punish Misconduct.] The house of representatives shall choose their own speaker, appoint their own officers, and settle the rules of proceedings in their own house; and shall be judge of the returns, elections, and qualifications, of its members, as pointed out in this constitution. They shall have authority to punish, by imprisonment, every person who shall be guilty of disrespect to the house, in its presence, by any disorderly and contemptuous behavior, or by threatening, or ill treating, any of its members; or by obstructing its deliberations; every person guilty of a breach of its privileges, in making arrests for debt, or by assaulting any member during his attendance at any session; in assaulting or disturbing any one of its officers in the execution of any order or procedure of the house; in assaulting any witness, or other person, ordered to attend, by and during his attendance of the house; or in rescuing any person arrested by order of the house, knowing them to be such.

June 2, 1784
Amended 1792 by adding that the House shall be judge of the returns, elections, and qualifications of its members.

[Art.] 23. [Senate and Executive Have Like Powers; Imprisonment Limited.] The senate, governor and council, shall have the same powers in like cases; provided, that no imprisonment by either, for any offense, exceeds ten days.

June 2, 1784
Amended 1792 substituting "governor" for "president."

[Art.] 24 [Journals and Laws to be Published; Yeas and Nayes; and Protests.] The journals of the proceedings, and all public acts of both houses, of the legislature, shall be printed and published immediately after every adjournment or prorogation; and upon motion made by any one member, duly seconded, the yeas and nays, upon any question, shall be entered, on the journal. And any member of the senate, or house of representatives, shall have a right, on motion made at the time for t hat purpose to have his protest, or dissent, with the reasons, against any vote, resolve, or bill passed, entered on the journal.

June 2, 1784
Amended 1792 permitting protest or dissent with reasons to be entered in the journals.
Amended 1966 requiring roll call requests to be seconded.

Senate

[Art.] 25. [Senate, How Constituted.] The senate shall consist of twenty-four members.

June 2, 1784. Provided for 12 senators.
Amended 1792. Generally rephrased specifying term as one year from the first Wednesday in June.
Amended 1877 increasing senators to 24 and providing for 2 year term.
Amended 1889 so that term started in January instead of June.
Amended 1974 deleting reference to term.

[Art.] 26. [Senatorial Districts, How Constituted.] And that the state may be equally represented in the senate, the legislature shall divide the state into single-member districts, as nearly equal as may be in population, each consisting of contiguous towns, city wards and unincorporated places, without dividing any town, city ward or unincorporated place. The legislature shall form the single-member districts at its next session after approval of this article by the voters of the state and thereafter at the regular session following each decennial federal census.

June 2, 1784. Number of senators elected from each district (county) proportioned to taxes paid by each district.
Amended 1792 dividing the state into 12 senatorial districts still based on proportion of taxes paid by the district.
Amended 1877 increasing senate to 24 members from single member districts.
Amended 1964 providing for election of senators on basis of population.

[Art.] 26-a. [Division of Town, Ward or Place; Senatorial Districts.] Notwithstanding Article 26 or any other article, a law providing for an apportionment to form senatorial districts under Article 26 of Part Second may divide a town, ward or unincorporated place into two or more senatorial districts if such town, ward or place by referendum requests such division.

November 22, 1978

[Art.] 27. [Election of Senators.] The freeholders and other inhabitants of each district, qualified as in this constitution is provided shall biennially give in their votes for a senator, at some meeting holden in the month of November.

June 2, 1784. Annual election of senators at annual meeting in March.
Amended 1792 rewording phrases but not changing the meaning.
Amended 1877 twice substituting biennial election and sessions for annual elections and sessions and providing for elections in November instead of March.

[Art.] 28. [Senators, How and by Whom Chosen; Right of Suffrage.] (Repealed)

June 2, 1784. Senate, first branch of the legislature, elected by male inhabitants 21 years of age and older who pay their own poll tax.
Amended 1792 changing wording but not the meaning.
Amended 1877 twice, substituting "biennially" for "annually" and "November" for "March."
Amended 1958 removing obsolete reference to "male" inhabitants as being the only ones allowed to vote.
Repealed 1976. Provisions covered by Article 11.

[Art.] 29. [Qualifications of Senators.] Provided nevertheless, that no person shall be capable of being elected a senator, who is not of the age of thirty years, and who shall not have been an inhabitant of this state for seven years immediately preceding his election, and at the time thereof he shall be an inhabitant of the district for which he shall be chosen. Should such person, after election, cease to be an inhabitant of the district for which he was chosen, he shall be disqualified to hold said position and a vacancy shall be declared therein.

June 2, 1784
Amended 1852 deleting property qualifications.
Amended 1877 deleting requirements that senators be Protestant.
Amended 1976 adding provision that a senator is disqualified if he moves from his district.

[Art.] 30. [Inhabitant Defined.] And every person, qualified as the constitution provides, shall be considered an inhabitant for the purpose of being elected into any office or place within this state, in the town, or ward, where he is domiciled.

June 2, 1784
Amended 1958 substituting "ward" for "parish, and plantation."
Amended 1976 twice deleting reference to electing and substituting "is domiciled" for "dwelleth and hath his home."

[Art.] 31. [Inhabitants of Unincorporated Places; Their Rights, etc.] (Repealed)

June 2, 1784. Procedure and qualifications for inhabitants of unincorporated places to vote.
Amended 1877 twice providing for biennial instead of annual elections in November instead of March.
Amended 1958 deleting reference to plantations and substituting "wards" for "parishes."
Repealed 1976. Provisions covered by Part I, Art. 11.

[Art.] 32. [Biennial Meetings, How Warned, Governed, and Conducted; Return of Votes, etc.] The meetings for the choice of governor, council and senators, shall be warned by warrant from the selectmen, and governed by a moderator, who shall, in the presence of the selectmen (whose duty it shall be to attend) in open meeting, receive the votes of all the inhabitants of such towns and wards present, and qualified to vote for senators; and shall, in said meetings, in presence of the said selectmen, and of the town or city clerk, in said meetings, sort and count the said votes, and make a public declaration thereof, with the name of every person voted for, and the number of votes for each person; and the town or city clerk shall make a fair record of the same at large, in the town book, and shall make out a fair attested copy thereof, to be by him sealed up and directed to the secretary of state, within five days following the election, with a superscription expressing the purport there of.

June 2, 1784
Amended 1792 generally rewording section.
Amended 1889 substituting "January" for "June" regarding notification to secretary of state.
Amended 1958 substituting "wards" for "parishes" and added reference to city clerks.
Amended 1974 substituting "December" for "January" and "twenty" and "thirty" regarding notification to secretary of state.
Amended 1976 changing notification to 5 days after the election.

[Art.] 33. [Secretary of State to Count Votes for Senators and Notify Persons Elected.] And that there may be a due meeting of senators and representatives on the first Wednesday of December, biennially, the secretary of state shall, as soon as may be, examine the returned copy of such records; and fourteen days before the first Wednesday of December, he shall issue his summons to such persons as appear to be chosen senators and representatives, by a plurality of votes, to attend and take their seats on that day.

June 2, 1784. President and 3 of the council to issue summons to senators to take their seats.
Amended 1792 changing president to governor and specific number of councilors to majority of councilors.
Amended 1877 changing annually to biennially.
Amended 1889 changing June to January for beginning of session.
Amended 1912 substituting "plurality of votes" for "majority of votes."
Amended 1968 deleting proviso relating to the first year.
Amended 1974 changing meeting to first Wednesday of December.
Amended 1976 providing that the secretary of state should examine the returns and notify those elected instead of governor.

[Art.] 34. [Vacancies in Senate, How Filled.] And in case there shall not appear to be a senator elected, by a plurality of votes, for any district, the deficiency shall be supplied in the following manner, viz. The members of the house of representatives, and such senators as shall be declared elected, shall take the names of the two persons having the highest number of votes in the district, and out of them shall elect, by joint ballot, the senator wanted for such district; and in this manner all such vacancies shall be filled up, in every district of the state and in case the person receiving a plurality of votes in any district is found by the Senate not to be qualified to be seated, a new election shall be held forthwith in said district. All vacancies in the senate arising by death, removal out of the state, or otherwise, except from failure to elect, shall be filled by a new election by the people of the district upon the requisition of the governor and council, as soon as may be after such vacancies shall happen.

June 2, 1784
Amended 1792 generally rewording section.
Amended 1889 adding provisions for new elections in case of vacancies.
Amended 1912 providing for plurality of votes instead of majority.
Amended 1968 providing for new election if person elected is not qualified.

[Art.] 35. [Senate, Judges of Their Own Elections.] The senate shall be final judges of the elections, returns, and qualifications, of their own members, as pointed out in this constitution.

June 2, 1784

[Art.] 36. [Adjournment.] The senate shall have power to adjourn themselves, and whenever they shall sit on the trial of any impeachment, they may adjourn to such time and place as they may think proper although the legislature be not assembled on such day, or at such place.

June 2, 1784
Amended 1792 adding proviso relating to impeachment.
Amended 1948 increasing adjournment from 2 days to 5 days.
Amended 1966 deleting limitation on adjournment.

[Art.] 37. [Senate to Elect Their Own Officers; Quorum.] The senate shall appoint their president and other officers, and determine their own rules of proceedings: And not less than thirteen members of the senate shall make a quorum for doing business; and when less than sixteen senators shall be present, the assent of ten, at least, shall be necessary to render their acts and proceedings valid.

June 2, 1784
Amended 1792 adding "president."
Amended 1877 increasing quorum from 7 to 13 and changing assent of 5 when less than 8 present to assent of 10 when less than 16 present.

[Art.] 38. [Senate to Try Impeachments; Mode of Proceeding.] The senate shall be a court, with full power and authority to hear, try, and determine, all impeachments made by the house of representatives against any officer or officers of the state, for bribery, corruption, malpractice or maladministration, in office; with full power to issue summons, or compulsory process, for convening witnesses before them: But previous to the trial of any such impeachment, the members of the senate shall respectively be sworn truly and impartially to try and determine the charge in question, according to evidence. And every officer, impeached for bribery, corruption, malpractice or maladministration in office, shall be served with an attested copy of the impeachment, and order of the senate thereon with such citation as the senate may direct, setting forth the time and place of their sitting to try the impeachment; which service shall be made by the sheriff, or such other sworn officer as the senate may appoint, at least fourteen days previous to the time of trial; and such citation being duly served and returned, the senate may proceed in the hearing of the impeachment, giving the person impeached, if he shall appear, full liberty of producing witnesses and proofs, and of making his defense, by himself and counsel, and may also, upon his refusing or neglecting to appear hear the proofs in support of the impeachment, and render judgment thereon, his nonappearance notwithstanding; and such judgment shall have the same force and effect as if the person impeached had appeared and pleaded in the trial.

June 2, 1784
Amended 1792 adding mode of proceeding.

[Art.] 39. [Judgment on Impeachment Limited.] Their judgment, however, shall not extend further than removal from office, disqualification to hold or enjoy any place of honor, trust, or profit, under this state, but the party so convicted, shall nevertheless be liable to indictment, trial, judgment, and punishment, according to the laws of the land.

June 2, 1784

[Art.] 40. [Chief Justice to Preside on Impeachment of Governor.] Whenever the governor shall be impeached, the chief justice of the supreme judicial court, shall, during the trial, preside in the senate, but have no vote therein.

September 5, 1792

Executive Power - Governor

Art.] 41. [Governor, Supreme Executive Magistrate.] There shall be a supreme executive magistrate, who shall be styled the Governor of the State of New Hampshire, and whose title shall be His Excellency. The executive power of the state is vested in the governor. The governor shall be responsible for the faithful execution of the laws. He may, by appropriate court action or proceeding brought in the name of the state, enforce compliance with any constitutional or legislative mandate, or restrain violation of any constitutional or legislative power, duty, or right, by any officer, department or agency of the state. This authority shall not be construed to authorize any action or proceedings against the legislative or judicial branches.

June 2, 1784
Amended 1792 substituting "Governor" for "President."
Amended 1966 clarifying and reinforcing executive powers of the governor.

[Art.] 42. [Election of Governor, Return of Votes; Electors; If No Choice, Legislature to Elect One of Two Highest Candidates; Qualifications for Governor.]The governor shall be chosen biennially in the month of November; and the votes for governor shall be received, sorted, counted, certified and returned, in the same manner as the votes for senators; and the secretary shall lay the same before the senate and house of representatives, on the first Wednesday following the first Tuesday of January to be by them examined, and in case of an election by a plurality of votes through the state, the choice shall be by them declared and published. And the qualifications of electors of the governor shall be the same as those for senators; and if no person shall have a plurality of votes, the senate and house of representatives shall, by joint ballot elect one of the two persons, having the highest number of votes, who shall be declared governor. And no person shall be eligible to this office, unless at the time of his election, he shall have been an inhabitant of this state for 7 years next preceding, and unless he shall be of the age of 30 years.

June 2, 1784
Amended 1792 deleting specifics of handling votes at town meeting.
Amended 1852 removing property qualification for holding office.
Amended 1877 three times: biennial elections replacing annual; elections in November instead of March; deleting provision that office holders be of protestant religion.
Amended 1889 changing June to January for the secretary of state to lay the votes before the house and senate.
Amended 19l2 requiring a plurality instead of majority for election of governor.
Amended 1982 changing first Wednesday of January to Wednesday after the first Tuesday.

[Art.] 43. [In Cases of Disagreement Governor to Adjourn or Prorogue Legislature; If Causes Exist, May Convene Them Elsewhere.] In cases of disagreement between the two houses, with regard to the time or place of adjournment or prorogation, the governor, with advice of council, shall have a right to adjourn or prorogue the general court, not exceeding ninety days at any one time, as he may determine the public good may require, and he shall dissolve the same on the first Wednesday of December biennially. And, in cases whereby dangers may arise to the health or lives of the members from their attendance at the general court at any place, the governor may direct the session to be holden at some other the most convenient place within the state.

June 2, 1784
Amended 1792 twice changing president to governor and inserting "place" of adjournment.
Amended 1889 changing June to January for time of dissolving house and senate.
Amended 1974 providing for the legislature to be dissolved on the first Wednesday of December.
Amended 1980 removing "infectious distemper" as a reason for the governor to convene the legislature at a different place.

[Art.] 44. [Veto to Bills.] Every bill which shall have passed both houses of the general court, shall, before it becomes a law, be presented to the governor, if he approves, he shall sign it, but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it; if after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with such objections, to the other house, by which it shall likewise be reconsidered, and, if approved by two-thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of persons, voting for or against the bill, shall be entered on the journal of each house respectively. If any bill shall not be returned by the governor within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it unless the legislature, by their adjournment, prevent its return, in which case it shall not be a law.

September 5, 1792

[Art.] 45. [Resolves to Be Treated Like Bills.] Every resolve shall be presented to the governor, and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by the senate and house of representatives, according to the rules and limitations prescribed in the case of a bill.

September 5, 1792

[Art.] 46. [Nomination and Appointment of Officers.] All judicial officers, the attorney general, and all officers of the navy, and general and field officers of the militia, shall be nominated and appointed by the governor and council; and every such nomination shall be made at least three days prior to such appointment; and no appointment shall take place, unless a majority of the council agree thereto.

June 2, 1784
Amended 1792 making minor changes in wording.
Amended 1877 deleting solicitors and sheriffs from those appointed by governor and council.
Amended 1976 deleting appointment of coroners by governor and council.

[Art.] 47. [Governor and Council Have Negative on Each Other.] The governor and council shall have a negative on each other, both in the nominations and appointments. Every nomination and appointment shall be signed by the governor and council, and every negative shall be also signed by the governor or council who made the same.

September 5, 1792

[Art.] 48. [Field Officers to Recommend, and Governor to Appoint, Company Officers.] (Repealed)

June 2, 1784
Amended 1792 providing that field officers were to nominate and recommend to the governor the captains and subalterns instead of appointing them.
Amended 1903 added proviso that nominees had to be examined and qualified by an examining board.
Repealed 1976.

[Art.] 49. [President of Senate, etc., To Act as Governor When Office Vacant; Speaker of House to Act When Office of President of Senate Is also Vacant.]In the event of the death, resignation, removal from office, failure to qualify, physical or mental incapacity, absence from the state, or other incapacity of the governor, the president of the senate, for the time being, shall act as governor until the vacancy is filled or the incapacity is removed; and if the president of the senate, for any of the above-named causes, shall become incapable of performing the duties of governor, the same shall devolve upon the speaker of the house of representatives, for the time being, or in the case of the like incapacity of the speaker, upon the secretary of state, or in case of his like incapacity, upon the state treasurer, each of whom, in that order, shall act as governor, as herein above provided, until the vacancy is filled or the incapacity removed. Whenever a vacancy for the duration or remainder of the governor´s term of office occurs before the commencement of the last year of such term, a special election for governor shall take place to fill the vacancy, as provided by law. Whenever the speaker of the house acts as governor, he shall act as such only until such time as the vacancy is filled or the incapacity removed in either the office of governor or of president of the senate, whichever occurs first. Whenever either the secretary of state or the treasurer acts as governor, he shall act as such only until such time as the vacancy is filled or the incapacity removed in the offices of governor, of president of the senate or of speaker of the house, whichever occurs first. While acting as governor under this article, the president of the senate, speaker of the house, secretary of state or state treasurer, as the case may be, shall be styled Acting Governor, shall not be required to take an additional oath of office, shall have and exercise all the powers, duties and authorities of, and receive compensation equal to that of the office of governor; and the capacity of each such officer to serve as president of the senate as well as senator, speaker of the house of representatives as well as representative, secretary of state, or state treasurer, as the case may be, or to receive the compensation of such office, shall be suspended only. While the governor or an acting governor is absent from the state on official business, he shall have the power and authority to transact such business.

June 2, 1784
Amended 1792 changing some wording and providing that the senate president acting as governor could not hold his office in the senate.
Amended 1889 providing for the speaker of the house to act as governor.
Amended 1956 providing that the governor while absent from the state has authority to transact such business.
Amended 1968 providing for succession through secretary of state and state treasurer, but only until a new senate president or house speaker is elected.
Amended 1984 rewording section generally to include incapacity, new election if vacancy occurs before last year of the term, compensation of acting governor to equal that of governor, and suspension of senate president acting as a senator or speaker to act as a representative while serving as acting governor.

[Art.] 49-a [Prolonged Failure to Qualify; Vacancy in Office of Governor Due to Physical or Mental Incapacity, etc.] Whenever the governor transmits to the secretary of state and president of the senate his written declaration that he is unable to discharge the powers and duties of his office by reason of physical or mental incapacity and until he transmits to them a written declaration to the contrary, the president of the senate, for the time being, shall act as governor as provided in article 49, subject to the succession provisions therein set forth. Whenever it reasonably appears to the attorney general and a majority of the council that the governor is unable to discharge the powers and duties of his office by reason of physical or mental incapacity, but the governor is unwilling or unable to transmit his written declaration to such effect as above provided, the attorney general shall file a petition for declaratory judgment in the supreme court requesting a judicial determination of the ability of the governor to discharge the powers and duties of his office. After notice and hearing, the justices of the supreme court shall render such judgment as they find warranted by a preponderance of the evidence; and, if the court holds that the governor is unable to discharge the powers and duties of his office, the president of the senate, for the time being, shall act as governor as provided in article 49, subject to the succession provisions therein set forth, until such time as the disability of the governor is removed or a newly elected governor is inaugurated. Such disability, once determined by the supreme court, may be removed upon petition for declaratory judgment to the supreme court by the governor if the court finds, after notice and hearing, by a preponderance of the evidence that the governor is able to discharge the powers and duties of his office. Whenever such disability of the governor, as determined by his written declaration or by judgment of the supreme court, has continued for a period of 6 months, the general court may, by concurrent resolution adopted by both houses, declare the office of governor vacant. Whenever the governor-elect fails to qualify by reason of physical or mental incapacity or any cause other than death or resignation, for a period of 6 months following the inauguration date established by this constitution, the general court may, by concurrent resolution adopted by both houses, declare the office of governor vacant. The provisions of article 49 shall govern the filling of such vacancy, either by special election or continued service of an acting governor. If the general court is not in session when any such 6-month period expires, the acting governor, upon written request of at least 1/4 of the members of each house, shall convene the general court in special session for the sole purpose of considering and acting on the question whether to declare a vacancy in the office of governor under this article.

November 28, 1984

[Art.] 50. [Governor to Prorogue or Adjourn Legislature, and Call Extra Sessions.] The governor, with advice of council, shall have full power and authority, in the recess of the general court, to prorogue the same from time to time, not exceeding ninety days, in any one recess of said court; and during the sessions of said court, to adjourn or prorogue it to any time the two houses may desire, and to call it together sooner than the time to which it may be adjourned, or prorogued, if the welfare of the state should require the same.

June 2, 1784
Amended 1792 changing president to governor.

[Art.] 51. [Powers and Duties of Governor as Commander-in-Chief.] The governor of this state for the time being, shall be commander-in-chief of all the military forces of the state; and shall have full power, by himself or by any chief commander, or other officer or officers, from time to time, to train, instruct, exercise and govern the militia; to call forth the militia and to put in warlike posture the inhabitants of the state; to execute the laws of the state and of the United States; to suppress insurrection and to repel invasion; and, in fine, the governor is hereby entrusted with all other powers incident to the office of commander-in-chief to be exercised agreeably to the rules and regulations of the constitution and the laws of the land.

June 2, 1784
Amended 1792 changing president to governor.
Amended 1968 condensing authority of the governor as commander-in-chief of military forces.

[Art.] 52. [Pardoning Power.] The power of pardoning offenses, except such as persons may be convicted of before the senate, by impeachment of the house, shall be in the governor, by and with the advice of council: But no charter of pardon, granted by the governor, with advice of the council, before conviction, shall avail the party pleading the same, notwithstanding any general or particular expressions contained therein, descriptive of the offense or offenses intended to be pardoned.

June 2, 1784
Amended 1792 changing president to governor.

[Art.] 53. [Militia Officers, Removal of.] (Repealed)

June 2, 1784
Amended 1792 changing president to governor.
Repealed 1976.

[Art.] 54. [Staff and Non-commissioned Officers, by Whom Appointed.] (Repealed)

June 2, 1784
Repealed 1976.

[Art.] 55. [Division of Militia into Brigades, Regiments, and companies.] (Repealed)

June 2, 1784
Repealed 1976.

[Art.] 56. [Disbursements from Treasury.] No moneys shall be issued out of the treasury of this state, and disposed of, (except such sums as may be appropriated for the redemption of bills of credit, or treasurer´s notes, or for the payment of interest arising thereon) but by warrant under the hand of the governor for the time being, by and with the advice and consent of the council, for the necessary support and defense of this state, and for the necessary protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the general court.

June 2, 1784
Amended 1792 changing president to governor.

[Art.] 57. [Accounts of Military Stores.] (Repealed)

June 2, 1784
Amended 1792 changing president to governor.
Repealed 1950.

[Art.] 58. [Compensation of Governor and Council.] The governor and council shall be compensated for their services, from time to time, by such grants as the general courts shall think reasonable.

June 2, 1784
Amended 1792 changing president to governor.

[Art.] 59. [Salaries of Judges.] Permanent and honorable salaries shall be established by law, for the justices of the superior court.

June 2, 1784

Council

[Art.] 60. [Councilors; Mode of Election, etc.] There shall be biennially elected, by ballot, five councilors, for advising the governor in the executive part of government. The freeholders and other inhabitants in each county, qualified to vote for senators, shall some time in the month of November, give in their votes for one councilor; which votes shall be received, sorted, counted, certified, and returned to the secretary's office, in the same manner as the votes for senators, to be by the secretary laid before the senate and house of representatives on the first Wednesday following the first Tuesday of January.

June 2, 1784
Amended 1792 twice changing the council from members of the house and senate elected by the house and senate to individuals elected by voters - one in each county; and changing president to governor.
Amended 1877 twice substituting biennially for annually and November for March.
Amended 1889 substituting January for June.
Amended 1984 changing the first Wednesday to the first Wednesday following the first Tuesday.

[Art.] 6l. [Vacancies, How Filled, if No Choice.] And the person having a plurality of votes in any county, shall be considered as duly elected a councilor: But if no person shall have a plurality of votes in any county, the senate and house of representatives shall take the names of the two persons who have the highest number of votes in each county, and not elected, and out of those two shall elect by joint ballot, the councilor wanted for such county, and the qualifications for councilors shall be the same as for senator.

September 5, 1792
Amended 1912 substituting plurality for majority.

[Art.] 62. [Subsequent Vacancies; Governor to Convene; Duties.] If any person thus chosen a councilor, shall be elected governor or member of either branch of the legislature, and shall accept the trust; or if any person elected a councilor, shall refuse to accept the office, or in case of the death, resignation, or removal of any councilor out of the state, the governor may issue a precept for the election of a new councilor in that county where such vacancy shall happen and the choice shall be in the same manner as before directed. And the governor shall have full power and authority to convene the council, from time to time, at his discretion; and, with them, or the majority of them, may and shall, from time to time hold a council, for ordering and directing the affairs of the state, according to the laws of the land.

September 5, 1792

[Art.] 63. [Impeachment of Councilors.] The members of the council may be impeached by the house, and tried by the senate for bribery, corruption, malpractice, or maladministration.

June 2, 1784
Amended 1792 changing wording generally and changing mal-conduct to bribery, corruption, malpractice, or maladministration.

[Art.] 64. [Secretary to Record Proceedings of Council.] The resolutions and advice of the council shall be recorded by the secretary, in a register, and signed by all members present agreeing thereto; and this record may be called for at any time, by either house of the legislature; and any member of the council may enter his opinion contrary to the resolutions of the majority, with the reasons for such opinion.

June 2, 1784
Amended 1792 adding phrases: "by the secretary," "agreeing thereto," and "with the reasons for such opinion."

[Art.] 65. [Councilor Districts Provided for.] The legislature may, if the public good shall hereafter require it, divide the state into five districts, as nearly equal as may be, governing themselves by the number of population, each district to elect a councilor: And, in case of such division, the manner of the choice shall be conformable to the present mode of election in counties.

September 5, 1792
Amended 1912 substituting population for rateable polls.

[Art.] 66. [Elections by Legislature May Be Adjourned From Day to Day; Order Thereof.] And, whereas the elections, appointed to be made by this constitution on the first Wednesday of January biennially, by the two houses of the legislature, may not be completed on that day, the said elections may be adjourned from day to day, until the same be completed; and the order of the elections shall be as follows - the vacancies in the senate, if any, shall be first filled up: The governor shall then be elected, provided there shall be no choice of him by the people: And afterwards, the two houses shall proceed to fill up the vacancy, if any, in the council.

June 2, 1784
Amended 1792 twice changing president to governor and election of the council only if there is a vacancy.
Amended 1877 substituting biennially for annually.
Amended 1889 substituting January for June.

Secretary, Treasurer, Etc.

[Art.] 67. [Election of Secretary and Treasurer.] The secretary and treasurer shall be chosen by joint ballot of the senators and representatives assembled in one room.

June 2, 1784
Amended 1950 deleting commissary-general.

[Art.] 68. [State Records, Where Kept; Duty of Secretary.] The records of the state shall be kept in the office of the secretary, and he shall attend the governor and council, the senate and representatives, in person, or by deputy, as they may require.

June 2, 1784
Amended 1792 twice transferring authority of the secretary to appoint his deputies to next article, and changing president to governor.

[Art.] 69. [Deputy Secretary.] The secretary of the state shall, at all times, have a deputy, to be by him appointed; for whose conduct in office he shall be responsible: And, in case of the death, removal, or inability of the secretary, his deputy shall exercise all the duties of the office of secretary of this state, until another shall be appointed.

June 2, 1784
Amended 1792 describing duties of the deputy secretary.

[Art.] 70. [Secretary to Give Bond.] The secretary, before he enters upon the business of his office, shall give bond, with sufficient sureties, in a reasonable sum, for the use of the state, for the punctual performance of his trust.

September 5, 1792

County Treasurer, Etc.

[Art.] 71. [County Treasurers, Registers of Probate, County Attorneys, Sheriffs, and Registers of Deeds Elected.] The county treasurers, registers of probate, county attorneys, sheriffs and registers of deeds, shall be elected by the inhabitants of the several towns, in the several counties in the state, according to the method now practiced, and the laws of the state, Provided nevertheless the legislature shall have authority to alter the manner of certifying the votes, and the mode of electing those officers; but not so as to deprive the people of the right they now have of electing them.

June 2, 1784
Amended 1792 twice adding proviso that the legislature could alter the manner of certifying the votes and mode of electing the officers; deleting oath and bond of county treasurer and transferring oath and bond of register of deeds to next article.
Amended 1877 adding registers of probate, county solicitors, and sheriffs to those to be elected.
Amended 1958 changing county solicitor to county attorney.

[Art.] 72. [Counties May Be Divided into Districts for Registering Deeds.] And the legislature, on the application of the major part of the inhabitants of any county, shall have authority to divide the same into two districts for registering deeds, if to them it shall appear necessary; each district to elect a register of deeds: And before they enter upon the business of their offices, shall be respectively sworn faithfully to discharge the duties thereof, and shall severally give bond, with sufficient sureties, in a reasonable sum, for the use of the county for the punctual performance of their respective trusts.

June 2, 1784
Amended 1792 providing for counties being divided into districts for registering deeds and electing registers.

Judiciary Power

[Art.] 72-a. [Supreme and Superior Courts.] The judicial power of the state shall be vested in the supreme court, a trial court of general jurisdiction known as the superior court, and such lower courts as the legislature may establish under Article 4th of Part 2.

November 16, 1966

[Art.] 73. [Tenure of Office To Be Expressed in Commissions; Judges to Hold Office During Good Behavior, etc.; Removal.] The tenure that all commissioned officers shall have by law in their offices shall be expressed in their respective commissions, and all judicial officers duly appointed, commissioned and sworn, shall hold their offices during good behavior except those for whom a different provision is made in this constitution. The governor with consent of the council may remove any commissioned officer for reasonable cause upon the address of both houses of the legislature, provided nevertheless that the cause for removal shall be stated fully and substantially in the address and shall not be a cause which is a sufficient ground for impeachment, and provided further that no officer shall be so removed unless he shall have had an opportunity to be heard in his defense by a joint committee of both houses of the legislature.

June 2, 1784
Amended 1792 changing president to governor.
Amended 1966 spelling out procedures for removal from office

[Art.] 73-a. [Supreme Court, Administration.] The chief justice of the supreme court shall be the administrative head of all the courts. He shall, with the concurrence of a majority of the supreme court justices, make rules governing the administration of all courts in the state and the practice and procedure to be followed in all such courts. The rules so promulgated shall have the force and effect of law.

November 22, 1978

[Art.] 74. [Judges to Give Opinions, When.] Each branch of the legislature as well as the governor and council shall have authority to require the opinions of the justices of the supreme court upon important questions of law and upon solemn occasions.

June 2, 1784
Amended 1792 changing president to governor.
Amended 1958 substituting supreme court for superior court.

[Art.] 75. [Justices of Peace Commissioned for Five Years.] In order that the people may not suffer from the long continuance in place of any justice of the peace who shall fail in discharging the important duties of his office with ability and fidelity, all commissions of justice of the peace shall become void at the expiration of five years from their respective dates, and upon the expiration of any commission, the same may if necessary be renewed or another person appointed as shall most conduce to the well being of the state.

June 2, 1784

[Art.] 76 [Divorce and Probate Appeals, Where Tried.] All causes of marriage, divorce and alimony; and all appeals from the respective judges of probate shall be heard and tried by the superior court until the legislature shall by law make other provision.

June 2, 1784

[Art.] 77. [Jurisdiction of Justices in Civil Causes.] The general court are empowered to give to justices of the peace jurisdiction in civil causes, when the damages demanded shall not exceed one hundred dollars and title of real estate is not concerned; but with right of appeal, to either party, to some other court. And the general court are further empowered to give to police courts original jurisdiction to try and determine, subject to right of appeal and trial by jury, all criminal causes wherein the punishment is less than imprisonment in the state prison.

September 5, 1792
Amended 1877 substituting $100 for 4 pounds
Amended 1912 giving jurisdiction to police courts.

[Art.] 78. [Judges and Sheriffs, When Disqualified by Age.] No person shall hold the office of judge of any court, or judge of probate, or sheriff of any county, after he has attained the age of seventy years.

September 5, 1792

[Art.] 79. [Judges and Justices Not to Act as Counsel.] No judge of any court, or justice of the peace, shall act as attorney, or be of counsel, to any party, or originate any civil suit, in matters which shall come or be brought before him as judge, or justice of the peace.

September 5, 1792

[Art.] 80. [Jurisdiction and Term of Probate Courts.] All matters relating to the probate of wills, and granting letters of administration, shall be exercised by the judges of probate, in such manner as the legislature have directed, or may hereafter direct: And the judges of probate shall hold their courts at such place or places, on such fixed days, as the conveniency of the people may require; and the legislature from time to time appoint.

June 2, 1784
Amended 1792 rewording section generally.

[Art.] 81. [Judges and Registers of Probate Not to Act as Counsel.] No judge, or register of probate, shall be of counsel, act as advocate, or receive any fees as advocate or counsel, in any probate business which is pending, or may be brought into any court of probate in the county of which he is judge or register.

September 5, 1792

Clerk of Courts

[Art.] 82. [Clerks of Courts, by Whom Appointed.] The judges of the courts (those of probate excepted) shall appoint their respective clerks to hold their office during pleasure: And no such clerk shall act as an attorney or be of counsel in any cause in the court of which he is clerk, nor shall he draw any writ originating a civil action.

June 2, 1784
Amended 1792 rewording section generally.

Encouragement of Literature, Trades, Etc.

[Art.] 83. [Encouragement of Literature, etc.; Control of Corporations, Monopolies, etc.] Knowledge and learning, generally diffused through a community, being essential to the preservation of a free government; and spreading the opportunities and advantages of education through the various parts of the country, being highly conducive to promote this end; it shall be the duty of the legislators and magistrates, in all future periods of this government, to cherish the interest of literature and the sciences, and all seminaries and public schools, to encourage private and public institutions, rewards, and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and natural history of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and economy, honesty and punctuality, sincerity, sobriety, and all social affections, and generous sentiments, among the people: Provided, nevertheless, that no money raised by taxation shall ever be granted or applied for the use of the schools of institutions of any religious sect or denomination. Free and fair competition in the trades and industries is an inherent and essential right of t he people and should be protected against all monopolies and conspiracies which tend to hinder or destroy it. The size and functions of all corporations should be so limited and regulated as to prohibit fictitious capitalization and provision should be made for the supervision and government thereof. Therefore, all just power possessed by the state is hereby granted to the general court to enact laws to prevent the operations within the state of all persons and associations, and all trusts and corporations, foreign or domestic, and the officers thereof, who endeavor to raise the price of any article of commerce or to destroy free and fair competition in the trades and industries through combination, conspiracy, monopoly, or any other unfair means; to control and regulate the acts of all such persons, associations, corporations, trusts, and officials doing business within the state; to prevent fictitious capitalization; and to authorize civil and criminal proceedings in respect to all the wrongs herein declared against.

June 2, 1784
Amended 1877 prohibiting tax money from being applied to schools of religious denominations.
Amended 1903 permitting the general court to regulate trusts and monopolies restraining free trade.

Encouragement of Literature, Trades, Etc.

John Locke, A Letter concerning Toleration

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John Locke, A Letter concerning Toleration

1689Montuori 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.

First. Because the care of souls is not committed to the civil magistrate, any more than to other men. It is not committed unto him, I say, by God; because it appears not that God has ever given any such authority to one man over another, as to compel any one to his religion. Nor can any such power be vested in the magistrate by the consent of the people, because no man can so far abandon the care of his own salvation as blindly to leave to the choice of any other, whether prince or subject, to prescribe to him what faith or worship he shall embrace. For no man can, if he would, conform his faith to the dictates of another. All the life and power of true religion consist in the inward and full persuasion of the mind; and faith is not faith without believing. Whatever profession we make, to whatever outward worship we conform, if we are not fully satisfied in our own mind that the one is true, and the other well pleasing unto God, such profession and such practice, far from being any furtherance, are indeed great obstacles to our salvation. For in this manner, instead of expiating other sins by the exercise of religion, I say, in offering thus unto God Almighty such a worship as we esteem to be displeasing unto him, we add unto the number of our other sins those also of hypocrisy, and contempt of his Divine Majesty.

In the second place. The care of souls cannot belong to the civil magistrate, because his power consists only in outward force; but true and saving religion consists in the inward persuasion of the mind, without which nothing can be acceptable to God. And such is the nature of the understanding, that it cannot be compelled to the belief of anything by outward force. Confiscation of estate, imprisonment, torments, nothing of that nature can have any such efficacy as to make men change the inward judgment that they have framed of things.

It may indeed be alleged that the magistrate may make use of arguments, and thereby draw the heterodox into the way of truth, and procure their salvation. I grant it; but this is common to him with other men. In teaching, instructing, and redressing the erroneous by reason, he may certainly do what becomes any good man to do. Magistracy does not oblige him to put off either humanity or Christianity; but it is one thing to persuade, another to command; one thing to press with arguments, another with penalties. This the civil power alone has a right to do; to the other good-will is authority enough. Every man has commission to admonish, exhort, convince another of error, and, by reasoning, to draw him into truth; but to give laws, receive obedience, and compel with the sword, belongs to none but the magistrate. And upon this ground, I affirm that the magistrate's power extends not to the establishing of any articles of faith, or forms of worship, by the force of his laws. For laws are of no force at all without penalties, and penalties in this case are absolutely impertinent, because they are not proper to convince the mind. Neither the profession of any articles of faith, nor the conformity to any outward form of worship (as has been already said), can be available to the salvation of souls, unless the truth of the one, and the acceptableness of the other unto God, be thoroughly believed by those that so profess and practise. But penalties are no way capable to produce such belief. It is only light and evidence that can work a change in men's opinions; and that light can in no manner proceed from corporal sufferings, or any other outward penalties.

In the third place. The care of the salvation of men's souls cannot belong to the magistrate; because, though the rigour of laws and the force of penalties were capable to convince and change men's minds, yet would not that help at all to the salvation of their souls. For there being but one truth, one way to heaven, what hope is there that more men would be led into it if they had no other rule to follow but the religion of the court, and were put under the necessity to quit the light of their own reason, to oppose the dictates of their own consciences, and blindly to resign themselves up to the will of their governors, and to the religion which either ignorance, ambition, or superstition had chanced to establish in the countries where they were born? In the variety and contradiction of opinions in religion, wherein the princes of the world are as much divided as in their secular interests, the narrow way would be much straitened; one country alone would be in the right, and all the rest of the world put under an obligation of following their princes in the ways that lead to destruction; and that which heightens the absurdity, and very ill suits the notion of a Deity, men would owe their eternal happiness or misery to the places of their nativity.

These considerations, to omit many others that might have been urged to the same purpose, seem unto me sufficient to conclude that all the power of civil government relates only to men's civil interests, is confined to the care of the things of this world, and hath nothing to do with the world to come.

Let us now consider what a church is. A church, then, I take to be a voluntary society of men, joining themselves together of their own accord in order to the public worshipping of God in such manner as they judge acceptable to him, and effectual to the salvation of their souls.

I say it is a free and voluntary society. Nobody is born a member of any church; otherwise the religion of parents would descend unto children by the same right of inheritance as their temporal estates, and every one would hold his faith by the same tenure he does his lands, than which nothing can be imagined more absurd. Thus, therefore, that matter stands. No man by nature is bound unto any particular church or sect, but every one joins himself voluntarily to that society in which he believes he has found that profession and worship which is truly acceptable to God. The hope of salvation, as it was the only cause of his entrance into that communion, so it can be the only reason of his stay there. For if afterwards he discover anything either erroneous in the doctrine or incongruous in the worship of that society to which he has joined himself, why should it not be as free for him to go out as it was to enter? No member of a religious society can be tied with any other bonds but what proceed from the certain expectation of eternal life. A church, then, is a society of members voluntarily uniting to this end.

It follows now that we consider what is the power of this church, and unto what laws it is subject.

Forasmuch as no society, how free soever, or upon whatsoever slight occasion instituted, whether of philosophers for learning, of merchants for commerce, or of men of leisure for mutual conversation and discourse, no church or company, I say, can in the least subsist and hold together, but will presently dissolve and break to pieces, unless it be regulated by some laws, and the members all consent to observe some order. Place and time of meeting must be agreed on; rules for admitting and excluding members must be established; distinction of officers, and putting things into a regular course, and such-like, cannot be omitted. But since the joining together of several members into this church-society, as has already been demonstrated, is absolutely free and spontaneous, it necessarily follows that the right of making its laws can belong to none but the society itself; or, at least (which is the same thing), to those whom the society by common consent has authorized thereunto.

. . . . .

These things being thus determined, let us inquire, in the next place, how far the duty of toleration extends, and what is required from every one by it.

And, first, I hold that no church is bound, by the duty of toleration, to retain any such person in her bosom as, after admonition, continues obstinately to offend against the laws of the society. . . .

Secondly, no private person has any right in any manner to prejudice another person in his civil enjoyments because he is of another church or religion. All the rights and franchises that belong to him as a man, or as a denizen, are inviolably to be preserved to him. These are not the business of religion. No violence nor injury is to be offered him, whether he be Christian or Pagan. Nay, we must not content ourselves with the narrow measures of bare justice; charity, bounty, and liberality must be added to it. This the Gospel enjoins, this reason directs, and this that natural fellowship we are born into requires of us. If any man err from the right way, it is his own misfortune, no injury to thee; nor therefore art thou to punish him in the things of this life because thou supposest he will be miserable in that which is to come.

What I say concerning the mutual toleration of private persons differing from one another in religion, I understand also of particular churches which stand, as it were, in the same relation to each other as private persons among themselves: nor has any one of them any manner of jurisdiction over any other; no, not even when the civil magistrate (as it sometimes happens) comes to be of this or the other communion. For the civil government can give no new right to the church, nor the church to the civil government. So that whether the magistrate join himself to any church, or separate from it, the church remains always as it was before, a free and voluntary society. It neither requires the power of the sword by the magistrate's coming to it, nor does it lose the right of instruction and excommunication by his going from it. This is the fundamental and immutable right of a spontaneous society; that it has power to remove any of its members who transgress the rules of its institution; but it cannot, by the accession of any new members, acquire any right of jurisdiction over those that are not joined with it. And therefore peace, equity, and friendship are always mutually to be observed by particular churches, in the same manner as by private persons, without any pretence of superiority or jurisdiction over one another.

. . . . .

In the last place. Let us now consider what is the magistrate's duty in the business of toleration, which certainly is very considerable.

We have already proved that the care of souls does not belong to the magistrate. Not a magisterial care, I mean (if I may so call it), which consists in prescribing by laws and compelling by punishments. But a charitable care, which consists in teaching, admonishing, and persuading, cannot be denied unto any man. The care, therefore, of every man's soul belongs unto himself, and is to be left unto himself. But what if he neglect the care of his soul? I answer: What if he neglect the care of his health or of his estate, which things are nearlier related to the government of the magistrate than the other? Will the magistrate provide by an express law that such a one shall not become poor or sick? Laws provide, as much as is possible, that the goods and health of subjects be not injured by the fraud and violence of others; they do not guard them from the negligence or ill-husbandry of the possessors themselves. No man can be forced to be rich or healthful whether he will or no.

. . . . .

But, after all, the principal consideration, and which absolutely determines this controversy, is this: Although the magistrate's opinion in religion be sound, and the way that he appoints be truly evangelical, yet, if I be not thoroughly persuaded thereof in my own mind, there will be no safety for me in following it. No way whatsoever that I shall walk in against the dictates of my conscience will ever bring me to the mansions of the blessed. I may grow rich by an art that I take not delight in, I may be cured of some disease by remedies that I have not faith in; but I cannot be saved by a religion that I distrust, and by a worship that I abhor. It is in vain for an unbeliever to take up the outward show of another man's profession. Faith only, and inward sincerity, are the things that procure acceptance with God. The most likely and most approved remedy can have no effect upon the patient if his stomach reject it as soon as taken; and you will in vain cram a medicine down a sick man's throat, which his particular constitution will be sure to turn into poison. In a word, whatsoever may be doubtful in religion, yet this at least is certain, that no religion which I believe not to be true can be either true or profitable unto me. In vain, therefore, do princes compel their subjects to come into their church communion, under pretence of saving their souls. If they believe, they will come of their own accord; if they believe not, their coming will nothing avail them. How great soever, in fine, may be the pretence of good-will and charity, and concern for the salvation of men's souls, men cannot be forced to be saved whether they will or no. And therefore, when all is done, they must be left to their own consciences.

. . . . .

In the next place: As the magistrate has no power to impose by his laws the use of any rites and ceremonies in any church, so neither has he any power to forbid the use of such rites and ceremonies as are already received, approved, and practised by any church; because, if he did so, he would destroy the church itself: the end of whose institution is only to worship God with freedom after its own manner.

You will say, by this rule, if some congregations should have a mind tosacrifice infants, or (as the primitive Christians were falsely accused)lustfully pollute themselves in promiscuous uncleanness, or practise any other such heinous enormities, is the magistrate obliged to tolerate them, because they are committed in a religious assembly? I answer: No. These things are not lawful in the ordinary course of life, nor in any private house; and therefore neither are they so in the worship of God, or in any religious meeting. But, indeed, if any people congregated upon account of religion should be desirous to sacrifice a calf, I deny that that ought to be prohibited by a law. Melibaeus, whose calf it is, may lawfully kill his calf at home, and burn any part of it that he thinks fit. For no injury is thereby done to any one, no prejudice to another man's goods. And for the same reason he may kill his calf also in a religious meeting. Whether the doing so be well-pleasing to God or no, it is their part to consider that do it. The part of the magistrate is only to take care that the commonwealth receive no prejudice, and that there be no injury done to any man, either in life or estate. And thus what may be spent on a feast may be spent on a sacrifice. But if peradventure such were the state of things that the interest of the commonwealth required all slaughter of beasts should be forborne for some while, in order to the increasing of the stock of cattle that had been destroyed by some extraordinary murrain, who sees not that the magistrate, in such a case, may forbid all his subjects to kill any calves for any use whatsoever? Only it is to be observed that, in this case, the law is not made about a religious, but a political matter; nor is the sacrifice, but the slaughter of calves, thereby prohibited.

By this we see what difference there is between the church and the commonwealth. Whatsoever is lawful in the commonwealth cannot be prohibited by the magistrate in the church. Whatsoever is permitted unto any of his subjects for their ordinary use, neither can nor ought to be forbidden by him to any sect of people for their religious uses. If any man may lawfully take bread or wine, either sitting or kneeling in his own house, the law ought not to abridge him of the same liberty in his religious worship; though in the church the use of bread and wine be very different, and be there applied to the mysteries of faith and rites of divine worship. But those things that are prejudicial to the commonweal of a people in their ordinary use, and are therefore forbidden by laws, those things ought not to be permitted to churches in their sacred rites. Only the magistrate ought always to be very careful that he do not misuse his authority to the oppression of any church, under pretence of public good.

It may be said: what if a church be idolatrous, is that also to be tolerated by the magistrate? In answer, I ask: What power can be given to the magistrate for the suppression of an idolatrous church, which may not in time and place be made use of to the ruin of an orthodox one? For it must be remembered that the civil power is the same everywhere, and the religion of every prince is orthodox to himself. If, therefore, such a power be granted unto the civil magistrate in spirituals, as that at Geneva (for example) he may extirpate, by violence and blood, the religion which is there reputed idolatrous, by the same rule another magistrate, in some neighbouring country, may oppress the reformed religion, and, in India, the Christian. The civil power can either change everything in religion, according to the prince's pleasure, or it can change nothing. If it be once permitted to introduce anything into religion, by the means of laws and penalties, there can be no bounds put to it; but it will in the same manner be lawful to alter everything, according to that rule of truth which the magistrate has framed unto himself. No man whatsoever ought therefore to be deprived of his terrestrial enjoyments upon account of his religion. Not even Americans, subjected unto a Christian prince, are to be punished either in body or goods for not embracing our faith and worship. If they are persuaded that they please God in observing the rites of their own country, and that they shall obtain happiness by that means, they are to be left unto God and themselves.

. . . . .

But to come to particulars. I say, first, no opinions contrary to human society, or to those moral rules which are necessary to the preservation of civil society, are to be tolerated by the magistrate.

. . . . .

Again: That church can have no right to be tolerated by the magistrate which is constituted upon such a bottom that all those who enter into it do thereby ipso facto deliver themselves up to the protection and service of another prince. For by this means the magistrate would give way to the settling of a foreign jurisdiction in his own country, and suffer his own people to be listed, as it were, for soldiers against his own government.

. . . . .

Lastly, those are not at all to be tolerated who deny the being of a God. Promises, covenants, and oaths, which are the bonds of human society, can have no hold upon an atheist. The taking away of God, though but even in thought, dissolves all; besides also, those that by their atheism undermine and destroy all religion, can have no pretence of religion whereupon to challenge the privilege of a toleration. As for other practical opinions, though not absolutely free from all error, yet if they do not tend to establish domination over others, or civil impunity to the church in which they are taught, there can be no reason why they should not be tolerated.

Constitution of South Carolina, 1788

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March 19, 1778

An Act for establishing the constitution of the State of South Carolina.

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.

Be it therefore constituted and enacted, by his excellency Rawlins Lowndes, esq., president and commander-in-chief in and over the State of South Carolina, by the honorable the legislative council and general assembly, and by the authority of the same:

That the following articles, agreed upon by the freemen of this State, now met in general assembly, be deemed and held the constitution and form of government of the said State, unless altered by the legislative authority thereof, which constitution or form of government shall immediately take place and be in force from the passing of this act, excepting such parts as are hereafter mentioned and specified.

I. That the style of this country be hereafter the State of South Carolina.

II. That the legislative authority be vested in a general assembly, to consist of two distinct bodies, a senate and house of representatives, but that the legislature of this State, as established by the constitution or form of government passed the twenty-sixth of March, one thousand and seven hundred and seventy-six, shall continue and be in full force until the twenty-ninth day of November ensuing.

III. That as soon as may be after the first meeting of the senate and house of representatives, and at every first meeting of the senate and house of representatives thereafter, to be elected by virtue of this constitution, they shall jointly in the house of representatives choose by ballot from among themselves or from the people at large a governor and commander-in-chief, a lieutenant-governor, both to continue for two years, and a privy council, all of the Protestant religion, and till such choice shall be made the former president or governor and commander-in-chief, and vice-president or lieutenant-governor, as the case may be, and privy council, shall continue to act as such.

IV. That a member of the senate or house of representatives, being chosen and acting as governor and commander-in-chief or lieutenant-governor, shall vacate his seat, and another person shall be elected n his room.

V. That every person who shall be elected governor and commander-in-chief of the State, or lieutenant-governor, or a member of the privy council, shall be qualified as forthwith; that is to say, tile governor and lieutenant-governor shall have been residents id tills State for ten years, and the members of the privy council five years, preceding their said election, and shall have in this State a settled plantation or freehold in their and each of their own right of the value of at least ten thousand pounds currency, clear of debt, and on being elected they shall respectively take an oath of qualification in the house of representatives.

VI. That no future governor and commander-in-chief who shall serve for two years shall be eligible to serve in the said office after the expiration of the said term until the full end and term of four Years.

VII. That no person in this State shall hold the office of governor thereof, or lieutenant-governor, and any other office or commission, civil or military, (except in the militia,) either in this or any other State, or under the authority of the Continental Congress, at one and the same time.

VIII. That in case of the impeachment of the governor and commander-in-chief, or his removal from office, death, resignation, or absence from the State, the lieutenant-governor shall succeed to his office, and the privy council shall choose out of their own body a lieutenant-governor of the State. And in case of the impeachment of the lieutenant-governor, or his removal from office death, resignation, or absence from the State, one of the privy council to be chosen by themselves, shall succeed to his office until a nomination to those offices respectively, by the senate and house of representatives, for the remainder of the time for which the officer so impeached, removed from office, dying, resigning, or being absent was appointed.

IX. That the privy council shall consist of the lieutenant-governor for the time being, and eight other members, five of whom shall be a quorum to be chosen as before directed; four to serve for two years, and four for one year, and at the expiration of one year four others shall be chosen in the room of the last four, to serve for two years, and all future members of the privy council shall thenceforward be elected to serve two years, whereby there will be a new election every Year for half the privy council, and a constant rotation established; but no member of the privy council who shall serve for two years shall be eligible to serve therein after the expiration of the said term until the full end and term of four years: Provided always, That no officer of the army or navy in the service of the continent or this State, nor judge of any of the courts of law, shall be eligible, nor shall the father, son, or brother to the governor for the time being be elected in the privy council during his administration. A member of the senate and house of representatives being chosen of the privy council, shall not thereby lose his seat in the senate or house of representatives, unless he be elected lieutenant-governor, in which case he shall, and another person shall be chosen in his stead. The privy council is to advise tile governor and commander-in-chief when required, but he shall not be bound to consult them unless directed by law. If a member of tile privy council shall die or depart this State during the recess of the general assembly, the privy council shall choose another to act in his room, until a nomination by the senate and house of representatives shall take place. The clerk of the privy council shall keep a regular journal of all their proceedings, in which shall be entered the yeas and nays on every question, and the opinion, with the reasons at large, of anv member who desires it; which journal shall be laid before the legislature when required by either house.

X. That in case of the absence from the seat of government or sickness of the governor and lieutenant-governor, any one of the privy council may be empowered by the governor, under his hand and seal, to act in his room, but such appointment shall not vacate his seat in the senate, house of representatives, or privy council.

XI. That the executive authority be vested in the governor and commander-in-chief, in manner herein mentioned

XII. That each parish and district throughout this State shall on the last Monday in November next and the day followings and on the same days of every succeeding year thereafter, elect by ballot one member of the senate, except the district of Saint Philip and Saint Michael's parishes, Charleston, which shall elect two members; and except also the district between Broad and Saluda Rivers, in three divisions, viz: the Lower district, the Little River district, and the Upper or Spartan district, each of which said divisions shall elect one member; and except the parishes of Saint Matthew and Orange, which shall elect one member; and also except the parishes of Prince George and All Saints, which shall elect one member; and the election of senators for such parishes, respectively, shall, until otherwise altered by the legislature, be at the parish of Prince George for the said parish and the parish of All Saints, and at the parish of Saint Matthew for that parish and the parish of Orange; to meet on the first Monday in January then next, at the seat of government, unless the casualties of war or contagious disorders should render it unsafe to meet there, in which case the governor and commander-in-chief for the time being may, by proclamation, with the advice and consent of the privy council, appoint a more secure and convenient place of meeting; and to continue for two years from the said last Monday in November; and that no person shall be eligible to a seat in the said senate unless he be of the Protestant religion, and bath attained the age of thirty years, and bath been a resident in this State at least five years. Not less than thirteen members shall be a quorum to do business but the president or any three members may adjourn from day to day. No person who resides in the parish or district for which he is elected shall take his seat in the senate, unless he possess a settled estate and freehold in his own right in the said parish or district of the value of two thousand pounds currency at least, clear of debt; and no non-resident shall be eligible to a seat in the said senate unless he is owner of a settled estate and freehold in his own right, in the parish or district where he is elected, of the value of seven thousand pounds currency at least, also clear of debt.

XIII. That on the last Monday in November next and the day following, and on the same days of every second year thereafter, members of the house of representatives shall be chosen, to meet on the first Monday in January then next, at the seat of Government, unless the casualties of war or contagious disorders should render it unsafe to meet there, in which case the governor and commander-in-chief for the time being may, by proclamation, with the advice and consent of the privy council, appoint a more secure-and convenient place of meeting, and to continue for two years from the said last Monday in November. Each parish and district within this State shall send members to the general assembly in the following proportions; that is to say, the parish of Saint Philip and Saint Michael's, Charleston, thirty members; the parish of Christ Church, six members; the parish of Saint John's, in Berkely County, six members; the parish of Saint Andrew, six members; the parish of Saint George, Dorchester, six members; the parish of Saint James, Goose Creek, six members; the parish of Saint Thomas and Saint Dennis, six members; the parish of Saint Paul, six members; the parish of Saint Bartholomew, six members; the parish of Saint Helena, six members; the parish of Saint James, Santee, six members; the parish of Prince George, Winyaw, four members; the parish of All Saints, two members; the parish of Prince Frederick, six members; the parish of Saint John, in Colleton County, six members; the parish of Saint Peter, six members; the parish of Prince William, six members; the parish of Saint Stephen, six members; the district to the eastward of Wateree River, ten members; the district of Ninety-six, ten members; the district of Saxe Gotha, six members; the district between Broad and Saluda Rivers, in three divisions, viz: the lower district, four members; the Little River district, four members; the IJpper or Spartan district, four members; the district between Broad and Catawba Rivers, ten members; the district called the New Acquisition, ten members; the parish of Saint Matthew, three members; the parish of Orange, three members; the parish of Saint David, six members; the district between the Savannah River and the North Fork of Edisto, six members. And the election of the said members shall be conducted as near as may be agreeable to the directions of the present or any future election act or acts, and where there are no churches or church-wardens in a district or parish, the house of representatives, at some convenient time before their expiration, shall appoint places of election and persons to receive votes and make returns. The qualification of electors shall be that every free white man, and no other person, who acknowledges the being of a God, and believes in a future state of rewards and punishments, and who has attained to the age of one and twenty years, and bath been a resident and an inhabitant in this State for the space of one whole year before the day appointed for the election he offers to give his vote at, and hath a freehold at least of fifty acres of land, or a town lot, and hath been legally seized and possessed of the same at least six months previous to such election, or bath paid a tax the preceding year, or was taxable the present year, at least six months previous to the said election, in a sum equal to the tax on fifty acres of land, to the support of this government, shall be deemed a person qualified to vote for, and shall be capable of electing, a representative or representatives to serve as a member or members in the senate and house of representatives, for the parish or district where he actually is a resident, or in any other parish or district in this State where he bath the like freehold. Electors shall take an oath or affirmation of qualification, if required by the returning officer. No person shall be eligible to sit in the house of representatives unless he be of the Protestant religion, and bath been a resident in this State for three years previous to his election. The qualification of the elected, if residents in the parish or district for which they shall be returned, shall be the same as mentioned in the election act, and construed to mean clear of debt. But no non-resident shall be eligible to a seat in the house of representatives unless he is owner of a settled estate and freehold in his own right of the value of three thousand and five hundred pounds currency at least, clear of debt, in the parish or district for which he is elected.

XIV. That if any parish or district neglects or refuses to elect members, or if the members chosen do not meet in general assembly, those who do meet shall have the powers of the general assembly. Not less than sixty-nine members shall make a house of representatives to do business, but the speaker or any seven members may adjourn from day to day.

XV. That at the expiration of seven Years after the passing of this constitution, and at the end of every fourteen years thereafter, the representation of the whole State shall be proportioned in the most equal and just manner according to the particular and comparative strength and taxable property of the different parts of the same regard being always had to the number of white inhabitants and such taxable property.

XVI. That all money bills for the support of government shall originate in the house of representatives, and shall not be altered or amended by the senate, but may be rejected by them, and that no money be drawn out of the public treasury but by the legislative authority of the State. All other bills and ordinances may take rise in the senate or house of representatives, and be altered, amended, or rejected by either. Acts and ordinances having passed the general assembly shall have the great seal affixed to them by a joint committee of both houses, who shall wait upon the governor to receive and return the seal, and shall then be signed by the president of the senate and speaker of the house of representatives, in the senate-house, and shall thenceforth have all the force and validity of a law, and be lodged in the secretary's office. And the senate and house of representatives, respectively, shall enjoy all other privileges Which have at any time been claimed or exercised by the commons house of assembly.

XVII. That neither the senate nor house of representatives shall have power to adjourn themselves for any longer time than three days, without the mutual consent of both. The governor and commanderin-chief shall have no power to adjourn, prorogue, or dissolve them, but may, if necessary, by and with the advice and consent of the privy council, convene them before the time to which they shall stand adjourned. And where a bill hath been rejected by either house, it shall not be brought in again that session, without leave of the house, and a notice of six days being previously given.

XVIII. That the senate and house of representatives shall each choose their respective officers by ballot, without control, and that during a recess the president of the senate and speaker of the house of representatives shall issue writs for filling up vacancies occasioned by death in their respective houses, giving at least three weeks and not more than thirty-five days' previous notice of the time appointed for the election.

XIX. That if any parish or district shall neglect to elect a member or members on the day of election, or in case any person chosen a member of either house shall refuse to qualify and take his seat as such, or die, or depart the State, the senate or house of representatives, as the case may be, shall appoint proper days for electing a member or members in such cases respectively.

XX. That if any member of the senate or house of representatives shall accept any place of emolument, or any commission, (except in the militia or commission of the peace, and except as is excepted in the tenth article,) he shall vacate his seat, and there shall thereupon be a new election; but he shall not be disqualified from serving upon being reelected, unless he is appointed secretary of the State, a commissioner of the treasury, an officer of the customs, register of mesne conveyances, a clerk of either of the courts of justice, sheriff, powder reviewer, clerk of the senate, house of representatives, or privy council, surveyor-general, or commissary of military stores, which officers are hereby declared disqualified from being members either of the senate or house of representatives.

XXI. And whereas the ministers of the gospel are by their profession dedicated to the service of God and the cure of souls, and ought not to be diverted from the great duties of their function, therefore no minister of the gospel or public preacher of any religious persuasion, while he continues in the exercise of his pastoral function, and for two years after, shall be eligible either as governor, lieutenant-governor, a member of the senate, house of representatives, or privy council in this State.

XXII. That the delegates to represent this State in the Congress of the United States be chosen annually by the senate and house of representatives jointly, by ballot, in the house of representatives, and nothing contained in this constitution shall be construed to extend to vacate the seat of any member who is or may be a delegate from this State to Congress as such.

XXIII. That the form of impeaching all officers of the State for mal and corrupt conduct in their respective offices, not amenable to any other jurisdiction, be vested in the house of representatives. But that it shah always be necessary that two-third parts of the members present do consent to and agree in such impeachment. That the senators and such of the judges of this State as are not members of the house of representatives, be a court for the trial of impeachments, under such regulations as the legislature shall establish, and that previous to the trial of every impeachment, the members of the said court shall respectively be sworn truly and impartially to try and determine the charge in question according to evidence, and no judgment of the said court, except judgment of acquittal, shall be valid, unless it shall be assented to by two-third parts of the members then present, and on every trial, as well on impeachments as others, the party accused shall be allowed counsel.

XXIV. That the lieutenant-governor of the State and a majority of the privy council for the time being shall, until otherwise altered by the legislature, exercise the powers of a court of chancery, and there shall be ordinaries appointed in the several districts of this State, to be chosen by the senate and house of representatives jointly by ballot, in the house of representatives, who shall, within their respective districts, exercise the powers heretofore exercised by the ordinary, and until such appointment is made the present ordinary in Charleston shall continue to exercise that office as heretofore.

XXV. That the jurisdiction of the court of admiralty be confined to maritime causes.

XXVI. That justices of the peace shall be nominated by the senate and house of representatives jointly, and commissioned by the governor and commander-in-chief during pleasure. They shall be entitled to receive the fees heretofore established by law; and not acting in the magistracy, they shall not be entitled to the privileges allowed them by law.

XXVII. That all other judicial officers shall be chosen by ballot jointly by the senate and house of representatives, and, except the judges of the court of chancery, commissioned by the governor and commander-in-chief during good behavior, but shall be removed on address of the senate and house of representatives.

XXVIII. That the sheriffs, qualified as by law directed, shall be chosen in like manner by the senate and house of representatives, when the governor, lieutenant-governor, and privy council are chosen, and commissioned by the governor and commander-in-chief, for two years, and shall give security as required by law, before they enter on the execution of their office. No sheriff who shall have served for two years shall be eligible to serve in the said office after the expiration of the said term, until the full end and term of four years, but shall continue in office until such choice be made; nor shall any person be eligible as sheriff in any district unless he shall have resided therein for two years previous to the election.

XXIX. That two commissioners of the treasury, the secretary of the State, the register of mesne conveyances in each district, attorney-general, surveyor-general, powder-receiver, collectors and comptrollers of the customs and waiters, be chosen in like manner by the senate and house of representatives jointly, by ballot, in the house of representatives, and commissioned by the governor and commander-in-chief, for two years; that none of the said officers, respectively, who shall have served for four years, shall be eligible to serve in the said offices after the expiration of the said term, until the full end and term of four years, but shall continue in office until a new choice be made: Provided, That nothing herein contained shall extend to the several persons appointed to the above offices respectively, under the late constitution; and that the present and all future commissioners of the treasury, and powder-receivers, shall each give bond with approved security agreeable to law.

XXX. That all the officers in the army and navy of this State, of and above the rank of captain, shall be chosen by the senate and house of representatives jointly, by ballot in the house of representatives, and commissioned by the governor and commander-in-chief, and that all other officers in the army and navy of this State shall be commissioned by the governor and commander-in-chief.

XXXI. That in case of vacancy in any of the offices above directed to be filled by the senate and house of representatives, the governor and commander-in-chief, with the advice and consent of the privy council, may appoint others in their stead, until there shall be an election by the senate and house of representatives to fill those vacancies respectively

XXXII. That the governor and commander-in-chief, with the advice and consent of the privy council, may appoint during pleasure, until otherwise directed by law, all other necessary officers, except such as are now by law directed to be otherwise chosen.

XXXIII. That the governor and commander-in-chief shall have no power to commence war, or conclude peace, or enter into any final treaty without the consent of the senate and house of representatives.

XXXIV. That the resolutions of the late congress of this State, and all laws now of force here, (and not hereby altered,) shall so continue until altered or repealed by the legislature of this State, unless where they are temporary, in which case they shall expire at the times respectively limited for their duration.

XXXV. That the governor and commander-in-chief for the time being, by and with the advice and consent of the privy council, may lay embargoes or prohibit the exportation of any commodity, for any time not exceeding thirty days, in the recess of the general assembly.

XXXVI. That all persons who shall be chosen and appointed to any office or to any place of trust, civil or military, before entering upon the execution of office, shall take the following oath: " I, A. B., do acknowledge the State of South Carolina to be as free, sovereign, and independent State, and that the people thereof owe no allegiance or obedience to George the Third, King of Great Britain, and I do renounce, refuse, and abjure any allegiance or obedience to him. And I do swear [or affirm, as the case may be] that I will, to the utmost of my power, support, maintain, and defend the said State against the said King George the Third, and his heirs and successors, and his or their abettors, assistants, and adherents, and will serve the said State, in the office of , with fidelity and honor, and according to the best of my skill and understanding: So help me God." -

XXXVII. That adequate yearly salaries be allowed to the public officers of this State, and be fixed by law.

XXXVIII. That all persons and religious societies who acknowledge that there is one God, and a future state of rewards and punishments, and that God is publicly to be worshipped, shall be freely tolerated. The Christian Protestant religion shall be deemed, and is hereby constituted and declared to be, the established religion of this State. That all denominations of Christian Protestants in this State, demeaning themselves peaceably and faithfully, shall enjoy equal religious and civil privileges. To accomplish this desirable purpose without injury to the religious property of those societies of Christians which are by law already incorporated for the purpose of religious worship, and to put it fully into the power of every other society of Christian Protestants, either already formed or hereafter to be formed, to obtain the like incorporation, it is hereby constituted, appointed, and declared that the respective societies of the Church of England that are already formed in this State for the purpose of religious worship shall still continue incorporate and hold the religious property now in their possession. And that whenever fifteen or more male persons, not under twenty-one years of age, professing the Christian Protestant religion, and agreeing to unite themselves In a society for the purposes of religious worship, they shall, (on complying with the terms hereinafter mentioned,) be, and be constituted a church, and be esteemed and regarded in law as of the established religion of the State, and on a petition to the legislature shall be entitled to be incorporated and to enjoy equal privileges. That every society of Christians so formed shall give themselves a name or denomination by which they shall be called and known in law, and all that associate with them for the purposes of worship shall be esteemed as belonging to the society so called. But that previous to the establishment and incorporation of the respective societies of every denomination as aforesaid, and in order to entitle them thereto, each society so petitioning shall have agreed to and subscribed in a book the following five articles, without which no agreement fir union of men upon presence of religion shall entitle them to be incorporated and esteemed as a church of the established religion of this State:

1st. That there is one eternal God, and a future state of rewards and punishments.

2d. That God is publicly to be worshipped.

3d. That the Christian religion is the true religion

4th. That the holy scriptures of the Old and New Testaments are of divine inspiration, and are the rule of faith and practice.

5th. That it is lawful and the duty of every man being thereunto called by those that govern, to bear witness to the truth.

And that every inhabitant of this State, when called to make an appeal to God as a witness to truth, shall be permitted to do it in that way which is most agreeable to the dictates of his own conscience. And that the people of this State may forever enjoy the right of electing their own pastors or clergy, and at the same time that the State may have sufficient security for the due discharge of the pastoral office, by those who shall be admitted to be clergymen, no person shall officiate as minister of any established church who shall not have been chosen by a majority of the society to which he shall minister, or by persons appointed by the said majority, to choose and procure a minister for them; nor until the minister so chosen and appointed shall have made and subscribed to the following declaration, over and above the aforesaid five articles, viz: "That he is determined by God's grace out of the holy scriptures, to instruct the people committed to his charge, and to teach nothing as required of necessity to eternal salvation but that which he shall be persuaded may be concluded and proved from the scripture; that he will use both public and private admonitions, as well to the sick as to the whole within his cure, as need shall require and occasion shall be given, and that he will be diligent in prayers, and in reading of the same; that he will be diligent to frame and fashion his own self and his family according to the doctrine of Christ, and to make both himself and them, as much as in him lieth, wholesome examples and patterns to the flock of Christ; that he will maintain and set forwards, as much as he can, quietness, peace, and love among all people, and especially among those that are or shall be committed to lids charge. No person shall disturb or molest any religious assembly; nor shall use any reproachful, reviling, or abusive language against any church, that being the certain way of disturbing the peace, and of hindering the conversion of any to the truth, by engaging them in quarrels and animosities, to the hatred of the professors, and that profession which otherwise they might be brought to assent to. To person whatsoever shall speak anything in their religious assembly irreverently or seditiously of the government of this State. No person shall, by law, be obliged to pay towards the maintenance and support of a religious worship that he does not freely join in, or has not voluntarily engaged to support. But the churches, chapels, parsonages, globes, and all other property now belonging to any societies of the Church of England, or any other religious societies, shall remain and be secured to them forever. The poor shall be supported, and elections managed in the accustomed manner, until laws shall be provided to adjust those matters in the most equitable way.

XXXIX. That the whole State shall, as soon as proper laws can be passed for these purposes, be divided into districts and counties, and county courts established.

XL. That the penal laws, as heretofore used, shall be reformed, and punishments made in some cases less sanguinary, and in general more proportionate to the crime.

XLI. That no freeman of this State be taken or imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, exiled or in any manner destroyed or deprived of his life, liberty, or property, but by the judgment of his peers or by the law of the land.

XLII. That the military be subordinate to the civil power of the State.

XLIII. That the liberty of the press be inviolably preserved.

XLIV. That no part of this constitution shall be altered without notice being previously given of ninety days, nor shall any part of the same be changed without the consent of a majority of the members of the senate and house of representatives.

XLV. That the senate and house of representatives shall not proceed to the election of a governor or lieutenant-governor, until there be a majority of both houses present.

In the council-chamber, the 19th day of March, 1778.

Assented to.
RAWLINS LOWNDES.
HUGH RUTLEGE,
Speaker of the Legislative Council.
THOMAS BEE,
Speaker of the General Assembly.

English Bill of Rights 1689

2011-11-11T14:24:00.001-08:00

An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown

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.:

Whereas the late King James the Second, by the assistance of divers evil counsellors, judges and ministers employed by him, did endeavour to subvert and extirpate the Protestant religion and the laws and liberties of this kingdom;

By assuming and exercising a power of dispensing with and suspending of laws and the execution of laws without consent of Parliament;

By committing and prosecuting divers worthy prelates for humbly petitioning to be excused from concurring to the said assumed power;

By issuing and causing to be executed a commission under the great seal for erecting a court called the Court of Commissioners for Ecclesiastical Causes;

By levying money for and to the use of the Crown by pretence of prerogative for other time and in other manner than the same was granted by Parliament;

By raising and keeping a standing army within this kingdom in time of peace without consent of Parliament, and quartering soldiers contrary to law;

By causing several good subjects being Protestants to be disarmed at the same time when papists were both armed and employed contrary to law;

By violating the freedom of election of members to serve in Parliament;

By prosecutions in the Court of King's Bench for matters and causes cognizable only in Parliament, and by divers other arbitrary and illegal courses;

And whereas of late years partial corrupt and unqualified persons have been returned and served on juries in trials, and particularly divers jurors in trials for high treason which were not freeholders;

And excessive bail hath been required of persons committed in criminal cases to elude the benefit of the laws made for the liberty of the subjects;

And excessive fines have been imposed;

And illegal and cruel punishments inflicted;

And several grants and promises made of fines and forfeitures before any conviction or judgment against the persons upon whom the same were to be levied;

All which are utterly and directly contrary to the known laws and statutes and freedom of this realm;

And whereas the said late King James the Second having abdicated the government and the throne being thereby vacant, his Highness the prince of Orange (whom it hath pleased Almighty God to make the glorious instrument of delivering this kingdom from popery and arbitrary power) did (by the advice of the Lords Spiritual and Temporal and divers principal persons of the Commons) cause letters to be written to the Lords Spiritual and Temporal being Protestants, and other letters to the several counties, cities, universities, boroughs and cinque ports, for the choosing of such persons to represent them as were of right to be sent to Parliament, to meet and sit at Westminster upon the two and twentieth day of January in this year one thousand six hundred eighty and eight [old style date], in order to such an establishment as that their religion, laws and liberties might not again be in danger of being subverted, upon which letters elections having been accordingly made;

And thereupon the said Lords Spiritual and Temporal and Commons, pursuant to their respective letters and elections, being now assembled in a full and free representative of this nation, taking into their most serious consideration the best means for attaining the ends aforesaid, do in the first place (as their ancestors in like case have usually done) for the vindicating and asserting their ancient rights and liberties declare

That the pretended power of suspending the laws or the execution of laws by regal authority without consent of Parliament is illegal;

That the pretended power of dispensing with laws or the execution of laws by regal authority, as it hath been assumed and exercised of late, is illegal;

That the commission for erecting the late Court of Commissioners for Ecclesiastical Causes, and all other commissions and courts of like nature, are illegal and pernicious;

That levying money for or to the use of the Crown by pretence of prerogative, without grant of Parliament, for longer time, or in other manner than the same is or shall be granted, is illegal;

That it is the right of the subjects to petition the king, and all commitments and prosecutions for such petitioning are illegal;

That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of Parliament, is against law;

That the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law;

That election of members of Parliament ought to be free;

That the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament;

That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted;

That jurors ought to be duly impanelled and returned, and jurors which pass upon men in trials for high treason ought to be freeholders;

That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void;

And that for redress of all grievances, and for the amending, strengthening and preserving of the laws, Parliaments ought to be held frequently.

And they do claim, demand and insist upon all and singular the premises as their undoubted rights and liberties, and that no declarations, judgments, doings or proceedings to the prejudice of the people in any of the said premises ought in any wise to be drawn hereafter into consequence or example; to which demand of their rights they are particularly encouraged by the declaration of his Highness the prince of Orange as being the only means for obtaining a full redress and remedy therein. Having therefore an entire confidence that his said Highness the prince of Orange will perfect the deliverance so far advanced by him, and will still preserve them from the violation of their rights which they have here asserted, and from all other attempts upon their religion, rights and liberties, the said Lords Spiritual and Temporal and Commons assembled at Westminster do resolve that William and Mary, prince and princess of Orange, be and be declared king and queen of England, France and Ireland and the dominions thereunto belonging, to hold the crown and royal dignity of the said kingdoms and dominions to them, the said prince and princess, during their lives and the life of the survivor to them, and that the sole and full exercise of the regal power be only in and executed by the said prince of Orange in the names of the said prince and princess during their joint lives, and after their deceases the said crown and royal dignity of the same kingdoms and dominions to be to the heirs of the body of the said princess, and for default of such issue to the Princess Anne of Denmark and the heirs of her body, and for default of such issue to the heirs of the body of the said prince of Orange. And the Lords Spiritual and Temporal and Commons do pray the said prince and princess to accept the same accordingly.

And that the oaths hereafter mentioned be taken by all persons of whom the oaths have allegiance and supremacy might be required by law, instead of them; and that the said oaths of allegiance and supremacy be abrogated.

I, A.B., do sincerely promise and swear that I will be faithful and bear true allegiance to their Majesties King William and Queen Mary. So help me God.

I, A.B., do swear that I do from my heart abhor, detest and abjure as impious and heretical this damnable doctrine and position, that princes excommunicated or deprived by the Pope or any authority of the see of Rome may be deposed or murdered by their subjects or any other whatsoever. And I do declare that no foreign prince, person, prelate, state or potentate hath or ought to have any jurisdiction, power, superiority, pre-eminence or authority, ecclesiastical or spiritual, within this realm. So help me God.

Upon which their said Majesties did accept the crown and royal dignity of the kingdoms of England, France and Ireland, and the dominions thereunto belonging, according to the resolution and desire of the said Lords and Commons contained in the said declaration. And thereupon their Majesties were pleased that the said Lords Spiritual and Temporal and Commons, being the two Houses of Parliament, should continue to sit, and with their Majesties' royal concurrence make effectual provision for the settlement of the religion, laws and liberties of this kingdom, so that the same for the future might not be in danger again of being subverted, to which the said Lords Spiritual and Temporal and Commons did agree, and proceed to act accordingly. Now in pursuance of the premises the said Lords Spiritual and Temporal and Commons in Parliament assembled, for the ratifying, confirming and establishing the said declaration and the articles, clauses, matters and things therein contained by the force of law made in due form by authority of Parliament, do pray that it may be declared and enacted that all and singular the rights and liberties asserted and claimed in the said declaration are the true, ancient and indubitable rights and liberties of the people of this kingdom, and so shall be esteemed, allowed, adjudged, deemed and taken to be; and that all and every the particulars aforesaid shall be firmly and strictly holden and observed as they are expressed in the said declaration, and all officers and ministers whatsoever shall serve their Majesties and their successors according to the same in all time to come. And the said Lords Spiritual and Temporal and Commons, seriously considering how it hath pleased Almighty God in his marvellous providence and merciful goodness to this nation to provide and preserve their said Majesties' royal persons most happily to reign over us upon the throne of their ancestors, for which they render unto him from the bottom of their hearts their humblest thanks and praises, do truly, firmly, assuredly and in the sincerity of their hearts think, and do hereby recognize, acknowledge and declare, that King James the Second having abdicated the government, and their Majesties having accepted the crown and royal dignity as aforesaid, their said Majesties did become, were, are and of right ought to be by the laws of this realm our sovereign liege lord and lady, king and queen of England, France and Ireland and the dominions thereunto belonging, in and to whose princely persons the royal state, crown and dignity of the said realms with all honours, styles, titles, regalities, prerogatives, powers, jurisdictions and authorities to the same belonging and appertaining are most fully, rightfully and entirely invested and incorporated, united and annexed. And for preventing all questions and divisions in this realm by reason of any pretended titles to the crown, and for preserving a certainty in the succession thereof, in and upon which the unity, peace, tranquility and safety of this nation doth under God wholly consist and depend, the said Lords Spiritual and Temporal and Commons do beseech their Majesties that it may be enacted, established and declared, that the crown and regal government of the said kingdoms and dominions, with all and singular the premises thereunto belonging and appertaining, shall be and continue to their said Majesties and the survivor of them during their lives and the life of the survivor of them, and that the entire, perfect and full exercise of the regal power and government be only in and executed by his Majesty in the names of both their Majesties during their joint lives; and after their deceases the said crown and premises shall be and remain to the heirs of the body of her Majesty, and for default of such issue to her Royal Highness the Princess Anne of Denmark and the heirs of the body of his said Majesty; and thereunto the said Lords Spiritual and Temporal and Commons do in the name of all the people aforesaid most humbly and faithfully submit themselves, their heirs and posterities for ever, and do faithfully promise that they will stand to, maintain and defend their said Majesties, and also the limitation and succession of the crown herein specified and contained, to the utmost of their powers with their lives and estates against all persons whatsoever that shall attempt anything to the contrary. And whereas it hath been found by experience that it is inconsistent with the safety and welfare of this Protestant kingdom to be governed by a popish prince, or by any king or queen marrying a papist, the said Lords Spiritual and Temporal and Commons do further pray that it may be enacted, that all and every person and persons that is, are or shall be reconciled to or shall hold communion with the see or Church of Rome, or shall profess the popish religion, or shall marry a papist, shall be excluded and be for ever incapable to inherit, possess or enjoy the crown and government of this realm and Ireland and the dominions thereunto belonging or any part of the same, or to have, use or exercise any regal power, authority or jurisdiction within the same; and in all and every such case or cases the people of these realms shall be and are hereby absolved of their allegiance; and the said crown and government shall from time to time descend to and be enjoyed by such person or persons being Protestants as should have inherited and enjoyed the same in case the said person or persons so reconciled, holding communion or professing or marrying as aforesaid were naturally dead; and that every king and queen of this realm who at any time hereafter shall come to and succeed in the imperial crown of this kingdom shall on the first day of the meeting of the first Parliament next after his or her coming to the crown, sitting in his or her throne in the House of Peers in the presence of the Lords and Commons therein assembled, or at his or her coronation before such person or persons who shall administer the coronation oath to him or her at the time of his or her taking the said oath (which shall first happen), make, subscribe and audibly repeat the declaration mentioned in the statute made in the thirtieth year of the reign of King Charles the Second entitled, _An Act for the more effectual preserving the king's person and government by disabling papists from sitting in either House of Parliament._ But if it shall happen that such king or queen upon his or her succession to the crown of this realm shall be under the age of twelve years, then every such king or queen shall make, subscribe and audibly repeat the same declaration at his or her coronation or the first day of the meeting of the first Parliament as aforesaid which shall first happen after such king or queen shall have attained the said age of twelve years. All which their Majesties are contented and pleased shall be declared, enacted and established by authority of this present Parliament, and shall stand, remain and be the law of this realm for ever; and the same are by their said Majesties, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in Parliament assembled and by the authority of the same, declared, enacted and established accordingly.

II. And be it further declared and enacted by the authority aforesaid, that from and after this present session of Parliament no dispensation by _non obstante_ of or to any statute or any part thereof shall be allowed, but that the same shall be held void and of no effect, except a dispensation be allowed of in such statute, and except in such cases as shall be specially provided for by one or more bill or bills to be passed during this present session of Parliament.

III. Provided that no charter or grant or pardon granted before the three and twentieth day of October in the year of our Lord one thousand six hundred eighty-nine shall be any ways impeached or invalidated by this Act, but that the same shall be and remain of the same force and effect in law and no other than as if this Act had never been made.

Massachusetts Body of Liberties

2011-06-12T07:28:00.001-07:00

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.

Magna Carta

2011-06-12T06:39:00.001-07:00

[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.

Quartering Act of 1774

2011-05-31T16:23:00.001-07:00

Quartering Act of 1774

The Intolerable Acts

The Intolerable Acts
Boston Port Act
Administration of Justice Act
Massachusetts Government Act
Quartering Act
Quebec Act

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.

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2011-05-28T19:46:00.000-07:00

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The Massachusetts Government Act

2011-05-28T19:44:00.001-07:00

An act for the better regulating the government of the province of the Massachusetts Bay, in New England.

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.

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.

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.

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.

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.

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.

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.

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.

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.

FAIRFAX COUNTY (VIRGINIA) RESOLUTIONS.

2011-05-24T05:41:00.001-07:00

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FAIRFAX COUNTY (VIRGINIA) RESOLUTIONS.

At a General Meeting of the Freeholders and other Inhabitants of the County of Fairfax, at the Court House in the Town of Alexandria, on Monday, the 18th day of July, 1774:

GEORGE WASHINGTON, Esquire, Chairman, and
ROBERT HARRISON, Gentleman, Clerk.

Resolved, That this Colony and Dominion of Virginia cannot be considered as a conquered country, and, if it was, that the present inhabitants are the descendants, not of the conquered, but of the conquerors. That the same was not settled at the national expense of England, but at the private expense of the adventurers, our ancestors, by solemn compact with, and under the auspices and protection of, the British Crown, upon which we are, in every respect, as dependent as the people of Great Britain, and in the same manner subject to all his Majesty's just, legal, and constitutional prerogatives; that our ancestors, when they left their native land, and settled in America, brought with them, even if the same had not been confirmed by Charters, the civil Constitution and form of Government of the country they came from, and were by the laws of nature and Nations entitled to all its privileges, immunities, and advantages, which have descended to us, their posterity, and ought of right to be as fully enjoyed as if we had still continued within the Realm of England.

Resolved, That the most important and valuable part of the British Constitution, upon which its very existence depends, Is the fundamental principle of the people's being governed by no laws to which they have not given their consent by Representatives freely chosen by themselves, who are affected by the laws they enact equally with their constituents, to whom they are accountable, and whose burthens they share, in which consists the safety and happiness of the community; for if this part of the Constitution was taken away, or materially altered, the Government must degenerate either into an absolute and despotick monarchy, or a tyrannical aristocracy, and the freedom of the people be annihilated.

Resolved, Therefore, as the inhabitants of the American Colonies are not, and from their situation, cannot be represented in the British Parliament; that the Legislative power here can, of right, be exercised only by our Provincial Assemblies, or Parliaments, subject to the assent or negative of the British Crown, to be declared within some proper limited time; but as it was thought just and reasonable that the people of Great Britain should reap advantages from the Colonies adequate to the protection they afforded them, the British Parliament have claimed and exercised the power of regulating our trade and commerce, so as to restrain our importing from foreign countries such articles as they could furnish us with, of their own growth and manufacture, or exporting to foreign countries such articles and portions of our produce as Great Britain stood in need of, for her own consumption or manufacture. Such a power directed with wisdom and moderation, seems necessary for the general good of that great body politick of which we are a part, although in some degree repugnant to the principles of the Constitution. Under this idea, our ancestors submitted to it, the experience of more than a century, during the government of his Majesty's royal predecessors, have proved its utility, and the reciprocal benefits flowing from it produced mutual uninterrupted harmony and good will between the inhabitants of Great Britain and her Colonies, who during that long period always considered themselves as one and the same people; and though such a power is capable of abuse, and in some instances hath been stretched beyond the original design and institution, yet to avoid strife and contention with our fellow-subjects, and strongly impressed with the experience of mutual benefits, we always cheerfully acquiesced in it while the entire regulation of our internal policy, and giving and granting our own money, were preserved to our own Provincial Legislatures.

Resolved, That it is the duty of these Colonies, on all emergencies, to contribute in proportion to their abilities, situation, and circumstances, to the necessary charge of supporting and defending the British Empire, of which they are a part; that while we are treated upon an equal footing with our fellow-subjects, the motives of self-interest and preservation will be a sufficient obligation, as was evident through the course of the last war; and that no argument can be fairly applied to the British Parliament's taxing us, upon a presumption that we should refuse a just and reasonable contribution, but will equally operate in justification of the Executive power taxing the people of England, upon a supposition of their Representatives refusing to grant the necessary supplies.

Resolved, That the claim lately assumed and exercised by the British Parliament for making all such laws as they think fit to govern the people of these Colonies, and to extort from us our money without our consent, is not only diametrically contrary to the first principles of the Constitution and the original compacts by which we are dependent upon the British Crown and Government, but is totally incompatible with the privileges of a free people and the natural rights of mankind, will render our own Legislatures merely nominal and nugatory, and is calculated to reduce us from a state of freedom and happiness to slavery and misery.

Resolved, That taxation and representation are in their nature inseparable; that the right of withholding, or of giving and granting their own money, is the only effectual security to a free people against the encroachments of despotism and tyranny; and that whenever they yield the one, they must quickly fall a prey to the other.

Resolved, That the powers over the people of America, now claimed by the British House of Commons, in whose election we have no share; in whose determinations we have no influence; whose information must be always defective, and often false; who in many instances may have a separate, and in some an opposite interest to ours; and who are removed from those impressions of tenderness and compassion, arising from personal intercourse and connection, which soften the rigours of the most despotick Governments, must, if continued, establish the most grievous and intolerable species of tyranny and oppression that ever was inflicted upon mankind.

Resolved, That it is our greatest wish and inclination, as well as interest, to continue our connection with, and dependence upon, the British Government; but though we are its subjects, we will use every means which Heaven hath given us to prevent our becoming its slaves.

Resolved, That there is a premeditated design and system formed and pursued by the British Ministry to introduce an arbitrary Government into his Majesty's American Dominions, to which end they are artfully prejudicing our Sovereign and inflaming the minds of our fellow-subjects in Great Britain, by propagating the most malevolent falsehoods, particularly that there is an intention in the American Colonies to set up for independent states, endeavouring at the same time, by various acts of violence and oppression, by sudden and repeated dissolutions of our Assemblies, whenever they presume to examine the illegality of Ministerial mandates, or deliberate on the violated rights of their constituents, and by breaking in upon the American Charters, to reduce us to a state of desperation, and dissolve the original compact, by which our ancestors bound themselves and their posterity to remain dependent upon the British Crown; which measures, unless effectually counteracted, will end in the ruin, both of Great Britain and her Colonies.

Resolved, That the several Acts of Parliament for raising a revenue upon the people of America, without their consent; the erecting new and dangerous jurisdictions here; the taking away our trials by jury; the ordering persons, upon criminal accusations, to be tried in another country than that in which the fact is charged to have been committed; the Act inflicting Ministerial vengeance upon the town of Boston; and the two Bills lately brought into Parliament for abrogating the Charter of the Province of Massachusetts Bay, and for the protection and encouragement of murderers in the said Province, are part of the above mentioned iniquitous system; that the inhabitants of the town of Boston are now suffering in the common cause of all British America, and are justly entitled to its support and assistance; and, therefore, that a subscription ought immediately to be opened, and proper persons appointed, in every county in this Colony, to purchase provisions and consign them to some gentlemen of character in Boston, to be distributed among the poorer sort of the people there.

Resolved, That we will cordially join with our friends and brethren of this and the other Colonies, in such measures as shall be judged most effectual, for procuring a redress of our grievances; and that, upon obtaining such redress, if the destruction of the tea at Boston be regarded as an invasion of private property, we shall be willing to contribute towards paying the East India Company the value; but, as we consider the said Company as the tools and instruments of oppression in the hands of Government, and the cause of the present distress, it is the opinion of this meeting, that the people of these Colonies should forbear all further dealings with them, by refusing to purchase their merchandise, until that peace, safety, and good order, which they have disturbed, be perfectly restored; and that all tea now in this Colony, or which shall be imported into it, shipped before the first day of September next, should be deposited in some store-house; to be appointed by the respective Committees of each county, until a sufficient sum of money be raised, by subscription, to reimburse the owners the value, and then to be publickly burnt and destroyed; and if the same is not paid for and destroyed as aforesaid, that it remain in the custody of the said Committees, at the risk of the owners, until the Act of Parliament imposing a duty upon tea for raising a revenue in America, be repealed; and immediately afterwards be delivered unto the several proprietors thereof, their agents or attornies.

Resolved, That nothing will so much contribute to defeat the pernicious designs of the common enemies of Great Britain and her Colonies, as a firm union of the latter, who ought to regard every act of violence or oppression inflicted upon any one of them, as aimed at all; and to effect this desirable purpose, that a Congress should be appointed, to consist of Deputies from all the Colonies, to concert a general and uniform plan for the defence and preservation of our common rights, and continuing the connection and dependence of the said Colonies upon Great Britain, under a just, lenient, permanent, and constitutional form of Government.

Resolved, That our most sincere and cordial thanks be given to the patrons and friends of liberty in Great Britain, for their spirited and patriotick conduct in support of our constitutional rights and privileges, and their generous efforts to prevent the present distress and calamity of America.

Resolved, That every little jarring interest and dispute which hath ever happened between these Colonies, should be buried in eternal oblivion; that all manner of luxury and extravagance ought immediately to be laid aside, as totally inconsistent with the threatening and gloomy prospect before us; that it is the indispensable duty of all the gentlemen and men of fortunes to set examples of temperance, fortitude, frugality, and industry, and give every encouragement in their power, particularly by subscriptions and premiums, to the improvement of arts and manufactures in America; that great care and attention should be had to the cultivation of flax, cotton, and other materials for manufactures; and we recommend it to such of the inhabitants as have large stocks of sheep, to sell to their neighbours at a moderate price, as the most certain means of speedily increasing our breed of sheep and quantity of wool.

Resolved, That until American grievances be redressed, by restoration of our just rights and privileges, no goods or merchandise whatsoever ought to be imported into this Colony, which shall be shipped from Great Britain or Ireland, after the first day of September next, except linens not exceeding fifteen pence per yard, coarse woollen cloth, not exceeding two shillings sterling per yard; nails, wire, and wire cards, needles and pins, paper, saltpetre, and medicines, which may be imported until the first day of September, 1776; and if any goods or merchandise, other than those hereby excepted, should be shipped from Great Britain after the time aforesaid, to this Colony, that the same, immediately upon their arrival, should either be sent back again by the owners, their agents or attornies, or stored and deposited in some warehouse, to be appointed by the Committee for each respective county, and there kept at the risk and charge of the owners, to be delivered to them when a free importation of goods hither shall again take place; and that the merchants and venders of goods and merchandise within this Colony ought not to take advantage of our present distress, but continue to sell the goods and merchandise which they now have, or which may be shipped to them before the first day of September next, at the same rates and prices they have been accustomed to do within one year last past; and if any person shall sell such goods on any other terms than above expressed, that no inhabitant of this Colony should, at any time forever thereafter, deal with him, his agent, factor, or storekeeper, for any commodity whatsoever.

Resolved, That it it is the opinion of this meeting, that the merchants and venders of goods and merchandise within this Colony should take an oath not to sell or dispose of any goods or merchandise whatsoever, which may be shipped from Great Britain after the first day of September next, as aforesaid, except the articles before excepted; and that they will, upon the receipt of such prohibited goods, either send the same back again by the first opportunity, or deliver them to the Committees of the respective counties, to be deposited in some warehouse, at the risk and charge of the owners, until they, their agents, or factors, shall be permitted to take them away by the said Committees; and that the names of those who refuse to take such oath, be advertised by the respective Committees, in the counties wherein they reside; and to the end that the inhabitants of this Colony may know what merchants and venders of goods and merchandise have taken such oath, that the respective Committees should grant a certificate thereof to every such person who shall take the same.

Resolved, That it is the opinion of this meeting, that during our present difficulties and distress, no slaves ought to be imported into any of the British Colonies on this Continent; and we take this opportunity of declaring our most earnest wishes to see an entire stop forever put to such a wicked, cruel, and unnatural trade.

Resolved, That no kind of lumber should be exported from this Colony to the West Indies, until America be restored to her constitutional rights and liberties, if the other Colonies will accede to a like resolution: and that it be recommended to the general Congress to appoint as early a day as possible for stopping such exports.

Resolved, That it is the opinion of this meeting, if American grievances be not redressed before the first day of November, 1775, that all exports of produce from the several Colonies to Great Britain, should cease; and to carry the said resolution more effectually into execution, that we will not plant or cultivate any tobacco after the crop now growing, provided the same measure shall be adopted by the other Colonies on this Continent, as well as those who have heretofore made tobacco, as those who have not. And it is our opinion, also, if the Congress of Deputies from the several Colonies shall adopt the measure of non-exportation to Great Britain, as the people will be thereby disabled from paying their debts, that no judgments should be rendered by the Courts in the said Colonies, for any debt, after information of the said measures being determined upon.

Resolved, That it is the opinion of this meeting, that a Solemn Covenant and Association should be entered into by the inhabitants of all the Colonies, upon oath, that they will not, after the time which shall be respectively agreed on at the general Congress, export any manner of lumber to the West Indies; nor any of their produce to Great Britain; or sell or dispose of the same to any person who shall not have entered into the said Covenant and Association; and also, that they will not import or receive any goods or merchandise which shall be shipped from Great Britain, after the first day of September next, other than the before enumerated articles; nor buy or purchase any goods, except as before excepted, of any person whatsoever, who shall not have taken the oath herein before recommended to be taken by the merchants and venders of goods; nor buy or purchase any slaves hereafter imported into any part of this Continent, until a free exportation and importation be again resolved on by a majority of the Representatives or Deputies of the Colonies; and that the respective Committees of the counties in each Colony, so soon as the Covenant and Association becomes general, publish by advertisements in their several counties, a list of the names of those, (if any such there be) who will not accede thereto, that such traitors to their country may be publickly known and detested.

Resolved, That it is the opinion of this meeting, that this and the other associating Colonies should break off all trade, intercourse, and dealings, with that Colony, Province, or town, which shall decline or refuse to agree to the plan which shall be adopted by the general Congress.

Resolved, That should the town of Boston be forced to submit to the late cruel and oppressive measures of Government, that we shall not hold the same to be binding upon us, but will, notwithstanding, religiously maintain, and inviolably adhere to, such measures as shall be concerted by the general Congress, for the preservation of our lives, liberties, and fortunes.

Resolved, That it be recommended to the Deputies of the general Congress, to draw up and transmit an humble and dutiful Petition and Remonstrance to his Majesty, asserting in decent firmness our just and constitutional rights and privileges, lamenting the fatal necessity of being compelled to enter into measures disgusting to his Majesty and his Parliament, or injurious to our fellow-subjects in Great Britain;declaring, in the strongest terms, our duty and affection to his Majesty's person, family, and Government, and our desire forever to continue our dependence upon Great Britain; and most humbly conjuring and beseeching his Majesty not to reduce his faithful subjects of America to a state of desperation, and to reflect, that from our Sovereign there can be but one appeal. And it is the opinion of this meeting, that after such Petition and Remonstrance shall have been presented to his Majesty, the same shall be printed in the public papers in all the principal towns in Great Britain.

Resolved, That George Washington, Esquire, and Charles Broadwater, Gentleman, lately elected our Representatives to serve in the General Assembly, attend the Convention at Williamsburg, on the first day of August next, and present these Resolves as the sense of the people of this county upon the measures proper to be taken in the present alarming and dangerous situation of America.

Resolved, That George Washington, Esq., John West, George Mason, William Rumney, William Ramsay, George Gilpton, Robert Hanson Harrison, John Carlyle, Robert Adam, John Dalton, Philip Alexander, James Kirk, William Brown, Charles Broadwater, William Payne, Martin Cockburne, Lee Massey, William Hartshorne, Thomas Triplett, Charles Alexander, Thomas Pollard, Townsend Dade, Jr., Edward Payne, Henry Gunnell, and Thomas Lewis, be a Committee for this county; that they, or a majority of them, on any emergency, have power to call a general meeting, and to concert and adopt such measures as may be thought most expedient and necessary.

Resolved, That a copy of these Proceedings be transmitted to the Printer at Williamsburg, to be published.

EXTRACTS FROM THE VIRGINIA CHARTERS, WITH SOME REMARKS ON THEM MADE IN THE YEAR 1773.

2011-05-24T05:40:00.001-07:00

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EXTRACTS FROM THE VIRGINIA CHARTERS, WITH SOME REMARKS ON THEM MADE IN THE YEAR 1773.
In 1676 K. Ch. 2nd gave a Charter "To the Colony of Virginia" confirming the antient importation right of 50 acres for every person imported into the Colony. This seems to acknowledge and confirm the Company's right to the charter to be in the Colony after the dissolution of the former.
See Sect. 4th of the 3rd Charter of James 1st, by which harbors, fisheries, &c : &c : &c: are granted to the Company, which being of a public nature must plainly inure to the people of the Colony, after the dissolution of the Company if this dissolution had been legal. - Sed quÃ¦re.
Anno 1606, April 10.-- Charter or Letters Patent first granted by King James the First to the two companys commonly called the London Company and the Plymouth Company for two several Colonies to be made in Virginia, and other parts and Territories of America along the Sea Coasts between 34 Degrees and 45 Degrees of North Latitude.
Sect. IV.-- Vizt: To Sir Thomas Gates, Sir George Somers, and others called the First or London Company to begin to settle and plant the first Colony any where upon the said Coast of Virginia or America, between 34 Degrees and 41 Degrees of North Latitude; and granting them all the country &c from the said first seat of their settlement or plantation for the space of fifty English Miles all along the said Coast, towards the West and South West as the Coast lieth; and for the like space of fifty miles all along the said coast, towards the East and North East, or towards the North, as the coast lieth: with all the Islands within one hundred miles directly over against the said seacoast; and also all the country from the said fifty miles every way on the Sea Coast, directly into the Main Land, for the space of one hundred English Miles, and that none other of His Majesty's subjects shall plant or inhabit behind, or on the back side of them towards the Main Land without the express Licence or Consent of the Council of that Colony thereunto in writing first had and obtained.
Sect. V.- -And to Sir Thomas Hanham, Raleigh Gilbert and others called the second or Plymouth Company to begin to settle and plant the second colony anywhere upon the coast of Virginia and America between 38 Degrees and 45 Degrees of North Latitude, and granting them all the country &c from the said first seat of their colony or plantation for the like space of fifty miles all along the said coast towards the West and Southwest, or towards the South, as the coast lieth, and for the like space of fifty miles all along the said coast towards the East and North East, or towards the North, as the coast lieth, with all the islands within one hundred miles directly over against the said sea coast; and also all the country from the said fifty miles every way on the sea-coast, directly into the mainland, for the space of one hundred miles; and that none other of His Majesty's subjects shall plant or inhabit behind, or on the back side of them towards the Main Land, without the express licence of the council of that colony in writing thereunto had and obtained.
Sect. VI.—Provided that the plantation or habitation of such of the said Colonies as shall last plant themselves as aforesaid, shall not be made within one hundred miles of the other of them that first began to make their Plantation as aforesaid.--
Sect. VII.—Granting and ordaining that each of said Colonies shall have a Council which shall govern and direct all matters and causes, which shall arise or happen within the same several Colonies &c: with many privileges and immunities; among others :--
Sect. XV.—That all and every the persons being his Majesty's subjects which shall dwell and inhabit within any or every of the said Colonies or Plantations, and every of their children which shall happen to be born within the limits and precincts of the said several Colonies and Plantations, shall have and enjoy all Liberties, Franchises and Immunities to all Intents and purposes, as if they had been abiding and born within the realm of England or any other of His Majesty's Dominions.
Sect. XVIII.—And finally that His Majesty, his Heirs and Successors, upon petition for that purpose, shall and will by Letters Patent, under the Great Seal of England, give and grant to such persons their heirs and assigns as the respective Councils for the said two Colonies, or the most part of them, shall for that purpose nominate and assign, all the Lands, Tenements, and Hereditaments which shall be within the precincts limited for the said two Colonies respectively, as aforesaid, to be holden of His Majesty, his Heirs and Successors as of their Manor of Greenwich in the county of Kent, in free and common socage only, and not in capite. With a clause declaring the full and perfect efficacy of such letters patent, so to be granted as aforesaid.¹
Sect. VI. Anno 1609, May 23.—The Company for the said first or Southern Colony (to this day called the Colony and Dominion
¹ In consequence of this charter the first or Southern Colony, which still retains the name of Virginia, was undertaken and begun by several persons in and about London (Dec. 19, 1606) who fitted out two or three ships under the command of Capt. Christopher Newport, which sailed from England to America (April 26, 1607). The first land they discovered on this coast was the southern point or cape of Chesapeake Bay ; which they called Cape Henry (the name it still retains) ; here they first landed and after spending some days in examining the country and looking for a proper place for their settlement, they fixed upon A peninsula (May 13) about forty miles up Powhatan River (since called James River) and on the north side of it, which they called James Town, in compliment to the King, the name it has ever since retained. At this place the seat of Government remained for a great many years, and from this beginning proceeded the Colony of Virginia.
of Virginia) having been joined by a great number of the nobility and principal gentry in England, a second and more extensive Charter was granted them by King James the first, incorporating them by the name of the Treasurer and Company of the Adventurers and Planters of the City of London for the first Colony in Virginia : reciting, confirming, explaining and enlarging the former Charter by granting them all those lands, Countries, and Territories situate, lying and being in that part of America called Virginia, from the point of land called Cape or Point Comfort all along the Sea Coast to the northward, two hundred miles, and from the said point of Cape Comfort all along the seacoast to the southward, two hundred miles, and all that space or circuit of Land, lying from the sea-coast of the precinct aforesaid, up into the land, throughout from sea to sea, west and north, west, and also all the Islands lying within one hundred Miles along the Coasts of both seas of the precinct aforesaid ; with all the Soils, Grounds, &c. forever; To be holden of his Majesty, his Heirs and his Successors, as of their Manor of East Greenwich; in free and common socage, and not in capite.
Sect. VII.—Nevertheless charging, commanding, warranting and authorising the said Treasurer and Company to convey assign and set over such particular portions of Lands, Tenements, and Hereditaments unto such His Majesty's subjects naturally born, or Denizens, or others, as well Adventurers as Planters, as by the said Company shall be nominated, appointed and allowed; wherein respect to be had as well of the Adventure, as to the special service, Hazard, Exploit, or Merit of any person so to be recompensed, advanced, or rewarded.²
²_{Pursuant to the above last recited clause, Sec. VII., the said Company in the year 1616 (Sir George Yeardly being then their Governor in Virginia) ordained and ordered that 50 acres of land should be assigned and granted to every person removing himself into the said Colony from Great Britain or Ireland; and to every person who should import others, 50 acres for every person so imported. This was the first Rise of the ancient custom of granting lands upon Importation Rights, which is now no less than 158 years old. It appears to have been interwoven with the Constitution of the Colony from its first settlement, and constantly practised afterwards. In the year 1621 two remarkable instances occur. 50,000 acres were granted to one Captn. Newce, for the importation of 1,000 persons and sixty young maids, being brought over by private adventurers to make wives for the planters.}
Sect. VIII.—Appointing and ordaining that the said Company shall have a perpetual Council residing in England, which Council shall have a seal for the better government, and administration of the said plantation, besides the legal seal of the Company or Corporation.
Sects. IX. and X.—Nominating the particular members of the said Council, and also the Treasurer for the time being.
Sect. XI.—And granting and declaring that the said Council or Treasurer, or any of them, shall from thenceforth be nominated, chosen, continued, displaced, changed, altered, and supplied, as Death or other several occasions shall require, out of the Company of the said Adventurers, by the voice of the greater number of the said Company and Adventurers, in their Assembly for that purpose. Provided always that every Counsellor so newly elected, shall be presented to the Lord Chancellor of England, or to the Lord High Treasurer of England, or to the Lord Chamberlain of the Household of His Majesty, His Heirs and Successors for the time being, to take his Oath of a Counsellor to His Majesty, his Heirs and Successors for the said Company of Adventurers and Colony in Virginia.
Sect. XIII.—Giving and granting for His Majesty, his Heirs and Successors, full power and authority to the said Council, as well at the present time, as hereafter from time to time, to --
_{50 acres of land for each was granted to the persons who imported them. After the Government was taken into the hands of the Crown, upon the dissolution of the Virginia Company, the same Right and Custom was always continued, as appears from the old patents and records in the Secretary's office. In the year 1662 an Act of Assembly was made prescribing the manner of proving such Importation rights to lands, by obtaining certificates thereof to entitle the Claimers to surveys and patents. And in the year 1676 the said custom and right was solemnly confirmed and continued, according to the ancient usage and practice, by charter from King Charles the Second, to the Colony of Virginia, under the great seal of England, which charter was recognised by Act of Assembly in the year 1677 prescribing the form of patents for the future, in which form is recited the continuance and confirmation of the said ancient right and privilege ; which hath been enjoyed by the subjects of this Colony ever since, and great quantities of land from time to time granted accordingly. So that Mr. Stith, in his History of Virginia (which is chiefly extracted from ancient records), mentioning this right and custom, had good reason for his remark, "That this is the ancient, legal, and a most indisputable method of granting lands in Virginia."}
nominate, make, constitute, ordain and confirm, by such name or names, stile or stiles, as to them shall seem good, and likewise to revoke, discharge, change and alter as well all and singular Governors, officers and ministers, which already have been made, as also which shall be by them thought fit and needful to be made or used, for the Government of the said Colony and Plantation.
Sect. XIV.—And also to make, ordain and establish all manners of Orders, Laws, Directions, Instructions, Forms, and Ceremonies of Government and Magistracy, fit and necessary for and concerning the Government of the said Colony and Plantation, and the same to abrogate, revoke, and change, not only within the precincts of said Colony, but also upon the seas in going and coming to and from the said Colony, as they in their good discretion shall think to be fitted for the good of the Adventurers and Inhabitants there.
Sect. XXII.—Declaring also for his Majesty, his Heirs and Successors, that all and every the persons, being the subjects of his Majesty, his Heirs and Successors, which shall go and inhabit within the said Colony and Plantation, and every of their children and posterity which shall happen to be born within any of the limits thereof, shall have and enjoy all Liberties, Franchises, and Immunities of free Denizens and natural subjects within any of their other Dominions, to all Intents and Purposes as if they had been abiding and born within the Realm of England, or any other of the Dominions of his Majesty, his Heirs and Successors.³
3 _{There can be no doubt but this and every clause relating to the people and inhabitants in general (not to the particular property of the Company) under the Faith of which our Ancestors left their native land, and adventured to settle an unknown country, operates and inures to the benefit of their posterity forever, notwithstanding the dissolution of the Virginia Company, had such dissolution been ever so legal. But a new doctrine has been lately broached by the writers against America. "That the charters granted to the Colonies were originally illegal, as containing powers and rights which the Crown, being only one branch of the Legislature, could not grant, and having never been confirmed by Act of Parliament, that they are of course void and of no effect." The first assertion happens to be false; and if it was true, the consequences deduced from it are erroneous. When America was discovered, the sending abroad colonies had been unknown in Europe from the times of the ancient Greeks and}
Sect. XXIII.—Giving and granting also unto the said Treasurer and Company, and their Successors, and to such Governors, Officers and Ministers, as shall be by the aforesaid Council constituted and appointed, according to the nature and limits of their Offices, and places, respectively, that they may from time to time, for ever hereafter, within the said precincts of Virginia, or in the way by sea thither, and from thence, have full and absolute power and authority to correct, punish, pardon, govern, and rule all such the subjects of his Majesty, his Heirs and Successors, as shall from time to time adventure themselves in any voyage thither, or that shall at any time hereafter inhabit in the precincts and territories of the said Colony as aforesaid, according to such Orders, Ordinances, Constitutions, Directions, and Instructions, as shall by the said Colony, as aforesaid, be established. So
_{Romans (for the irruptions of the Goths and other barbarous nations can't be regarded in that light). To the people of Great Britain the scene then opening was entirely new; and altho' the people removing from thence, to settle Colonies in America, under the auspices and protection and for the benefit of Great Britain, would by the laws of Nature and Nations, have carried with them the Constitution of the Country they came from, and consequently been entitled to all its advantages, yet not caring to trust altogether to general principles applied to a new subject, and anxious to secure to themselves and their posterity, by every means in their power, the rights and privileges of their beloved laws and Constitution, they entered into a solemn compact with the Crown for that purpose. Under the faith of these compacts, at their own private expense and Hazard, amidst a thousand Difficulties and Dangers, our Ancestors explored and settled a New World: their posterity have enjoyed these rights and privileges from time Immemorial ; and have thereby (even if the Charters had been originally defective) acquired a legal Title. It ought to wear well; for it has been dearly earned. King, Lords, and Commons compose the British Legislature, but the Constitution has lodged the Executive power in the Crown. The Disposition of foreign or newly-acquired Territory hath ever belonged to the Executive. This power has been constantly exercised by our Kings in numberless instances. At the conclusion of the last war, Martinico, Guadaloupe, &c. (tho' acquired at the National Expense), were disposed of by the Crown, and however the policy may have been censured, the King's right was never disputed. If the Crown can make an absolute and unlimited alienation to Foreigners ; a fortiori can it make a modulated Grant to Subjects. The American Charters, therefore, are legal ab origine. Equally false and absurd is the Idea of Great Britain's Right to govern these Colonies as conquered Provinces, for we are the Descendants, not of the Conquered, but of the Conquerors.}
always as the said Statutes, Ordinances, and Proceedings, as near as conveniently may be agreeable to the Laws, Statutes, Government, and Policy of the Realm of England.
Sect. XXVI.—Declaring his Majesty's Royal will and pleasure that in all questions and doubts that shall arise upon any difficulty of construction or interpretation of any thing contained either in this or in former letters patent, the same shall be taken and interpreted in the most beneficial manner for the said Treasurer and Company, and their successors, and every member thereof. And concluding with the following clause:
Sect. XXIX.—Any Act, Statute, Ordinance, Provision, Proclamation or Restraint to the contrary hereof, had, made, ordained, or provided, or any other Thing, clause, or matter whatsoever, in any wise, notwithstanding.
Anno 1612, Sect. I.—A third charter was granted by King James the first to the same Virginia Company, reciting and confirming their former charters, and setting forth that the said Company had petitioned for an enlargement of their former letters patent; II. as well for a more ample extent of their Limits and Territories into the seas adjoining to, and III. upon the Coast of Virginia, as also for some other matters and Articles concerning the better Government of the said Company and Colony; in which point the former letters patent do not extend so far as Time and Experience hath found to be needful and convenient.
Sect. IV.—Giving, granting and confirming unto the said Treasurer and Company and to their Heirs and Successors forever, all and singular, those Islands whatsoever situate, lying and being in any part of the Ocean or Seas bordering upon the Coast of the said first Colony of Virginia, and being within three hundred leagues of any of the parts heretofore granted to the said Treasurer and Company in the former letters patent, and being within or between the one and fortieth and thirtieth degrees of Northern Latitude, together with all and singular the soils, lands, Grounds, Havens, ports, Rivers, Waters, Fishings, Mines, and Minerals &c and all and singular other Commodities, Jurisdictions, Royalties, privileges, Franchises, and preherainences, both within the said Tract of land upon the Main, and also within the said Islands and Seas, adjoining, whatsoever and
thereunto or thereabouts, both by sea and Land, being or situate, —To be holden as of the Manor of East Greenwich &c.⁴
Sect. VII.—Ordaining and granting that the said Company, once every week, or oftener, at their pleasure, might hold a Court and Assembly, for the better order and government of the said plantation ; to consist of the Treasurer or his Deputy, and at least five of the Council and fifteen other Members of the Company, which should be a sufficient court for the ordering and dispatching all such casual and particular Occurrences and Matters of less consequence and weight, as shall from time to time happen, concerning the said plantation.
Sect. VIII.—But that for the ordering and disposing of matters and affairs of great weight and importance, and such as concern the Publick weal, particularly the manner of Government from time to time, to be used, the ordering and disposing of the lands, and the settling and establishing of a Trade, there should be held upon four different certain Days (therein named) one great and general Assembly; which four Assemblies to be called and stiled the four Great and General Courts of the Council and Company of Adventurers for Virginia, and shall have full power and authority, from time to time and at all times hereafter, to elect and chuse discreet persons to be of the said
4 _{This clause Sect. IV. of this Charter, respecting the ports, rivers, waters, and Fishings, and a clause of the same nature in Sect. VI. of the second Charter (not particularly suited in these Extracts), being of a publick nature in which the people and Inhabitants were interested, as well as the Company, it is presumed could not be destroyed or avoided by the Dissolution of the Virginia Company, and may avail us if the proprietor of Maryland should ever disturb the peace or possession of any of the people of this Colony, by an attempt to exercise the Rights he pretends to claim on the South side of the Potomack River of which he hath never been in possession; for upon an attentive examination of the Virginia Charters, perhaps it may appear that the said proprietor hath little title, except length of possession, to many of the powers he holds. How far these Charters can be urged against the claim he is now setting up to that tract of country between the great North and South Branches of Potomack River, the Inhabitants of which have been long settled there as a part of this Colony, under the Faith of its Laws, and are represented in our Legislature, and who, if the said proprietor's claim was to be established (besides the risque of their present titles to the Lands) would be forced from under the immediate protection of the crown, and subjected to a proprietary government; whereby their Lives and Fortunes might be at the mercy, not of their Sovereign, but of a fellow Subject, may soon become a question of Importance.}
Council of the said Colony, and to nominate and appoint such officers as they shall think fit and requisite for the Government, managing, ordering, and dispatching the affairs of the said Company, and shall likewise have full power and authority to ordain and make such Laws and Ordinances for the good and welfare of the said plantation, as to them from time to time shall be thought requisite and meet; so always as the same be not contrary to the Laws and Statutes of the Realm of England.
Sect. XVI. to Sect. XIX.—Giving and granting to the said Treasurer and Company full power and Authority, Liberty, and Licence to erect, and publish, open and hold, one or more Lottery or Lotteries within the City of London, or within any other City or town in England, with divers orders for the Regulation and Encouragement of such Lottery or Lotteries.
Sect. XX.—Declaring that in all questions and Doubts, that shall arise upon any Difficulty of Construction or Interpretation, of anything contained in these or any other of the former Letters Patent, the same shall be taken and interpreted in most ample and beneficial manner for the said Treasurer and Company and their Successors and every member thereof.
Sect. XXI.—And lastly ratifying and confirming unto the said Treasurer and Company, and their Successors forever all and all manner of privileges, Franchises, Liberties, Immunities, Profits and commodities, whatsoever granted unto them in any of the former letters patent, and not in these presents revoked, altered, changed, or abridged, any Statute, Act, Ordinance, provision, proclamation, or Restraint, to the contrary thereof &c. notwithstanding. ⁵
Anno 1621, July 24th.-- The Treasurer, Council, & Company in England passed and established an Ordinance under the Common Seal of the said Company, for settling the Constitution and Form of Government in Virginia.⁶
5 _{The principal Design of this third Charter, besides making some new regulations in the Government of the Company and Colony, and empowering them to raise money by Lotteries in England, seems to be to grant to the said Company the Islands of Bermudas, otherwise called Somer-Islands, which the said Virginia Company, within a few years, sold to Sir George Somers and others, called the Somer-Island Company; which was afterwards dissolved, much about the same time and in the same manner with the Virginia Company.}
6 _{This Ordinance was brought over the October following by Sir Francis Wyatt (who succeeded Sir George Yeardly in the Government here), and is}
Sect. I.—Declaring their motives and Authority for the same, and ordaining and declaring, that from II. thenceforward there should be two supreme Councils in Virginia for the better government of the said Colony. The one of which Councils, to be called the Council of State (whose office shall chiefly be, assisting with their care, advice and circumspection, to the Governor), shall be nominated, placed and displaced, from time to time, by them the said Treasurer, Council, and Company and their successors—nominating for the present, the members of the said Council of State, viz.:—Sir Francis Wyatt, the then Governor, and nineteen other gentlemen therein named; earnestly praying and desiring, and strictly charging and commanding the said Counsellors and Council to bend their Care and Endeavours to assist the Governor; first and principally, in the advancement of the Honour and Service of God, and the enlargement of his Kingdom amongst the Heathen people; and next in erecting the said Colony in due obedience to His Majesty, and all lawful Authority, from His Majesty's directions; and lastly in maintaining the people in Justice and Christian Conversation amongst themselves, and in strength and ability to withstand their enemies. And this Council to be always, or for the most part to be residing about or near the Governor.⁷
_{generally presumed to have been the original plan and first Draught of our Constitution, from which the Assembly of Virginia took its rise; but it was in fact rather a confirmation of that form of Government which the people here, in Imitation of their Mother Country, had before adopted; for it appears from ancient records, that two years before this, viz.:—in June, 1619, Sir George Yeardly held an assembly of the representatives of the people. Counties were not yet laid off ; but the several Townships, settlements, or Hundreds elected their representatives, from whence the said Assembly was first called the House of Burgesses, a name proper to the Representatives of Burroughs or Towns (but conveying a diminution and inadequate idea of an Assembly representing the whole body of the people), which custom hath very improperly continued to this day, altho' all our Representatives, four members only excepted, have for a great length of time been chosen by the shires or counties.}
7 _{The powers by this clause vested in the members of the first Virginia Council belong properly to a Council of State. But to what an alarming and enormous Height hath the Jurisdiction of their successors increased? In whose hands are lodged the Executive, the Legislature, and the Judicative powers of the State, and consequently the Life, Liberty, and property of the subject? That this hath not yet produced much Evil or Opposition is candidly acknowledged, because the Council has generally been composed of men whose character,}
Sect. IV.—The other Council more generally to be called by the Governor once Yearly, and no oftener, but for very extraordinary and important occasions, shall consist for the present, of the said Council of State, and of two Burgesses out of every town, Hundred, or other particular plantation, to be respectively chosen by the Inhabitants; which Council shall be called the
_{Interest, and Connections here, have restrained them within the bonds of Moderation. Because the Emoluments of the office are not a sufficient Temptation to Mercenary Strangers to solicit the appointment. And because Luxury, venality, and a general corruption of manners have not yet thoroughly taken root among us. But when it is considered that this Board is entirely dependant upon the Crown ; that the authority of its members is not hereditary, and if it was that it could descend but to one of their children ;that no man's Rank or Fortune, how great soever, can exempt him from the common course of human affairs; and that their own posterity must quickly be distributed among the different classes of mankind, and blended with the mass of the people, there cannot be a more striking proof of the prevalence of the lust of power in the mind of man than that these gentlemen should be tenacious of Jurisdiction as unsafe and dangerous to their own Families as to the Community. Not only mean and sordid but extremely shortsighted and foolish is that species of self-interest which in political questions opposeth itself to the publick good; for a little cool reflection must convince a wise man that he can no other way so effectually consult the permanent Interest of his own Family and posterity as by securing the just rights and privileges of that society to which they belong. But it is easier to describe a Disease in the Body politic, than to point out a proper Physician. Perhaps the lenient hand of a wise and patriotic Prince—perhaps some noble and publicspirited Governor, who would then indeed deserve a statue. Perhaps the Constitution may by degrees work itself clear by its own innate strength, the virtue and Resolution of the Community—as hath often been the case in our Mother Country. This last is the natural Remedy; if not counteracted by that slow poison, which is daily contaminating the minds and morals of our people. Every Gentleman here is a petty tyrant. Practised in Arts of Despotism and Cruelty, we become callous to the Dictates of humanity and all the finer feelings of the Soul. Taught to regard a part of our species in the most abject and contemptible Degree below us; we lose that idea of the dignity of Man, which the Hand of Providence has implanted in us for great and wise purposes. Habituated from our infancy to trample upon the rights of human nature, every generous, every liberal sentiment, if not extinguished, is enfeebled in our minds. And in such an infernal school are to be educated our future Legislators and Rulers. The laws of Impartial Providence may even by such means as these, avenge upon our posterity the injury done a set of wretches whom our injustice hath debased almost to a level with the Brute Creation. These Remarks may be thought foreign to the design of the annexed Extracts. They were extorted by a kind of irresistible perhaps an enthusiastic Impulse, and the Author of them, conscious of his own good intentions, cares not whom they please or offend.}
General Assembly, wherein (as also in the said Council of State) all matters shall be decided, determined, and ordered by the greater part of the voices then present, reserving to the Governor always a negative voice. And this General Assembly shall have full power to treat, consult, and conclude, as well of all emergent occasions, concerning the publick weal of the said Colony, and every part thereof, as also to make, ordain, and enact such general Laws and orders for the Behalf of the said Colony, and the good government thereof, as shall from time to time appear necessary or requisite.⁸
8 _{It is plain from this clause that the Gentlemen of the Council were originally no more than so many constant members of the Assembly, without being elected by the people ; that they sat with the Governor in the same House, and had a common vote in all matters with the Representatives of the people; that a negative was lodged in the Governor alone; and that the House thus constituted was called the General Assembly; the stile yet retained in all our legislative proceedings, tho' great alterations have been since made in the original Constitution :—In this situation the Council continued long after the Virginia Company was dissolved, and the Government of the Colony was vested in the crown. In those early times, when the number of the people's representatives was small, the influence of the Council in the General Assembly was very considerable; at first, indeed, they made a majority ; but in process of Time, as the country became more inhabited, Counties were laid off, and the number of our Representatives greatly increased, the vote of the members of the Council was in a manner sunk in such a numerous Assembly; and the democratical part of our Constitution had no other check than the Governor's negative. This might be productive of inconvenience, to remedy which the Gentlemen of the Council, of their own mere motion, thought proper to walk up stairs; and formed in imitation of the English House of Peers a separate and distinct Branch of the Legislature. That such a separate Branch, such an intermediate Power between the people and the Crown is really necessary, no candid man, well-informed in the principles of the British Constitution, and acquainted with the tumultuary nature of Publick Assemblies, will deny; but he may, with great propriety urge, that the members of this Intermediate Branch of the Legislature, should have no precarious tenure, that it should at least be for life, and whether their Authority was hereditary or not, that they should be equally independent of the Crown and of the people; and that neither the Administration nor the common Judicative powers of the State can be safely lodged in their hands.}
_{As some amendments in our judicial proceedings have lately been proposed, it may not be amiss to mark here a Capital Error in the Constitution of our Supreme Courts. When any man thinks himself injured by a Court of Law, or a Decree of Chancery, the British Constitution hath given him an appeal; this is an inherent right in the subject, of which he can't be deprived, without being robbed of a valuable part of his Birth-Right, and the most effectual means that}
Sect. V.—Whereas in all other things requiring the said General Assembly, as well as the said Council of State to imitate and follow the policy of the form of Government, Laws, Customs, and manner of Trial, and other administration of Justice, used in the Realm of England, as near as may be, even as the said Treasurer and Company themselves by his Majesty's letters patent are required.
Sect. VI.—Provided that no Law or Ordinance made in the said General Assembly shall be, or continue in force and validity, unless the same shall be solemnly ratified and confirmed in a General Quarter Court of the said Company in England, and so ratified, be returned to them under the said Company's seal. It being their intent to afford the like measure, also unto the said Colony, that after the Government of the said Colony shall once have been well framed, and settled accordingly; which is to be done by the said Treasurer and Company, as by Authority derived from his Majesty, and the same shall have been by them so declared, no orders of Court afterwards, shall bind the said Colony unless they be ratified in like manner in the General Assemblys.⁹
_{human wisdom could devise to secure the property of individuals. A court of Appeals, therefore, or that Court which is the Dernier Resort, should be so constituted as that no suit could originate there, for otherwise, when the subject is aggrieved, he is left without redress. This useful distinction seems hitherto to have been totally neglected in this Colony.}
9 _{This ordinance or Charter for settling a form of Government in Virginia, was made by the Treasurer, Council and Company in England by virtue of the powers vested in them for that purpose by the 14th and 23rd Sections of King James second Charter and the 8th section of his third Charter to the said Company; and being made while the said powers were in full force and efficacy, and the authority of the Company unquestionable, there can be little doubt of its Validity ; and that it gave the people of Virginia as good a title to chuse their own Representatives to enact laws, as if it had been made and granted by the King himself; but this does not now seem to be a subject much worth our Enquiry; for if this Ordinance was annihilated, our Rights as British subjects, and particularly that invaluable one of chusing our own Representatives in a Virginia Parliament which we have uniformly enjoyed and exercised for more than One hundred and fifty years, could be shaken only by Violence and Injustice aided by our own Folly, or by Force of Arms. Some parties and Factions having arisen in the Virginia Company, and several disputes having happened with the King and his Ministry, King James the first, by proclamation dated July 24th, 1624, forbid and suppressed the Courts of the said Company at their usual}
1676, Oct. 10. -- Charter under the great seal of England, granted by King Charles the Second to the Colony of Virginia, Declaring and granting for his Majesty, his heirs and Successors, that all the subjects of his Majesty, his Heirs, and Successors from time to time, inhabiting within the Colony and Plantation of Virginia shall have their immediate Dependence upon the
_{place of meeting in the City of London, and soon after the Lords of his Majesty's privy Council appointed a new Governor of the said Company, which being expressly contrary to their Charters, they refused to acquiesce in such appointment, and thus rejecting the officers nominated by the British Ministry, and forbid to act under their own, their Courts and Meetings were discontinued and their Business and Proceedings stopped, for though there had been a Quo Warranto brought in the King's Bench, and the process served upon several of the members, who entered their defence ; the same was never brought to any Decision or Hearing; but the Company, chagrined with the Discouragements and opposition received from the King and Ministry, disgusted with the Schisms and Factions in their own body, and wearied with so great and constant Expence, after some faint struggles submitted, and quietly gave up, or rather forbore any further Exercise of their Rights, and the Government of the Colony was taken into the King's Hands. An Event (however illegally and arbitrarily brought about) very happy for the people of Virginia ; who were thereby taken from under a proprietary Government, and placed under the immediate Government and Protection of the British Crown.}
_{The bounds of the Colony (as well as the form of Government) remained unaltered until King Charles the First, in the Year 1632, by Charter to Cecilius Calvert, Lord Baron of Baltimore, established the proprietary and province of Maryland. That Country being then uninhabited, the importance of it little known or attended to, and the Scene of Confusion introduced by the Civil war in England, prevented the people of Virginia making any opposition. In the succeeding Reign (with equal inattention in the Virginians) the provinces of Pennsylvania and Carolina were erected, the Southern part of the first and the Northern part of the latter being within the ancient limits of Virginia. The Dutch and Swedes having possessed themselves of the Country on the SeaConst, between New England and Maryland, King Charles the Second, in the year 1664, granted all the country so usurped to his Brother, the Duke of York, and an English Fleet having reduced the Dutch and Swedish settlements, the Duke of York parcelled out that Country to under proprietors, one of whom was William Penn, the Son of Admiral Penn. All these Proprietors, except William Penn, afterwards sold or surrendered their Charters to the Crown. Mr. Penn retained his part, and had it increased and confirmed to him in consideration of a debt due from the King to his Father, and from thence arose the Province of Pennsylvania.
There being few or no settlements on the Southern parts of this Coast, a Grant was made, in the year 1663, by King Charles the Second to several of}
Crown of England under the Rule and Government of such Governor or Governors as his Majesty, His Heirs or Successors shall from time to time appoint in that Behalf: and of or upon no other person or persons whatsoever. ¹⁰
That the Governor for the time being shall be resident in that Country, except his Majesty, his Heirs or Successors shall at any time command his attendance in England or elsewhere, in which
_{his Courtiers, viz-- the Earl of Clarendon, the Duke of Albemarle, the Lord Craven, the Lord Berkeley, the Lord Ashly Cooper, Sir George Carteret, and Sir William Colleton; for the Country called Carolina, the greatest part of which (the Earl of Granville only retaining his ancestor's. Sir Geo. Carteret's part) was sold by the Heirs of these Proprietors to the Crown, and out of it were formed the provinces of North Carolina South Carolina and Georgia. And by these means have the Ancient and Original Boundaries been contracted, and the Colony and Dominion of Virginia reduced to its present Limits. In the year 1669 a grant was made by King Charles the second to Henry, Earl of St. Albans, John, Lord Berkeley, Sir William Moreton, and John Tretheway, Esqr., of all that tract of Land or Territory lying between the Rappahannock and Potomack Rivers, commonly called the Northern Neck (now in possession of the right honourable the Lord Fairfax), and altho' there was a promise that the same should not infringe or prejudice any contract or Grant whatsoever before made or granted by the Governor and Council of Virginia, and that the said Patentees, their Heirs and Assigns, and all the Inhabitants of the said tract of Land or Territory should be in all things subject and obedient to such Laws and Constitutions, as were, or should be made by the Governor, Council, and Assembly of Virginia ; yet some Royalties and considerable powers being thereby vested in the said Patentees, it roused the attention of the General Assembly, who, apprehensive that the people might be injured or oppressed by men of such powerful interest, in the year 1674 passed an Act of Address and Supplication asserting the Rights and Privileges granted to this Colony by his Majesty's Ancestors, representing the Dangers and ill-consequences of such Grants to Lords and others, and praying that his Majesty would be graciously pleased to revoke the said Grant, and for securing them from fears in time to come of being removed from His Majesty's immediate protection, to confirm their Liberties, Privileges, Immunities, Rights and Properties, as aforesaid by His Majesty's Royal Charter. Certain Gentlemen Were appointed to present this Act, which procured the last Charter ever granted to this Colony, viz.-- that from King Charles the Second, bearing date the 10th Day of October, in the 28th year of his Reign, An. Dom., 1676, as on the other side.}
10 _{This first clause expressly operates against the Establishment of any new Government or Proprietary in any part of Virginia. For the King is as much bound by the Act of his Predecessors as any Private Subject holding an Estate from his Ancestor is bound by the Act of such Ancestor. And accordingly, this Charter effectually put a stop to all further applications of that nature.}
case a Deputy shall be chosen, to continue during the absence of such Governor in manner as hath been formerly used, unless his Majesty, his Heirs or Successors shall think fit to nominate such Deputy. And if any Governor shall happen to die, then another Governor shall and may be chosen, as hath been formerly used, to continue until his Majesty, his Heirs, or Successors shall appoint a new Governor.¹¹
Confirming and establishing all lands possessed by the several and respective planters and inhabitants of Virginia to them and their heirs forever, where the property of any particular man's interest in any lands there, shall not be altered or prejudiced by Reason thereof.
Declaring and granting that there shall be assigned out of the Lands not already appropriated for each of such of the subjects of his Majesty, his Heirs and Successors, as shall from time to time go to dwell in the said Plantation, fifty acres of Land, as according as hath been used and allowed since the first Plantation, to be held of his Majesty, his Heirs and Successors, as of their Manor of East Greenwich in their County of Kent, in free and common socage.¹²
And that all Lands possessed by any subject inhabiting in Virginia, which is escheated or shall escheat to his Majesty, his Heirs and Successors, shall and may be enjoyed, by such Inhabitant, or Possessor his Heirs and Assigns forever, paying two pounds of
11 _{The Rule established by his present Majesty, requiring the Governor to reside here, is exactly conformable to this clause of the Charter, and considering how fully it is expressed, especially when construed in the manner required by the last clause (which applies to every part of the charter) it is strange that it remained so long unattended to.}
12 _{By this clause the old custom, first introduced about sixty years before by the Virginia Company, of granting lands for the Importation of people, which had been constantly continued and exercised after the Dissolution of the said Company, is clearly and authentically confirmed and established, according to the ancient usage and practice, and being thereby made a part of the Constitution of Virginia, cannot be avoided or invalidated by any proclamation. Instruction, or other Act of Government (vid. Notes 2nd and loth). This and the following Clause, granting all Escheat Lands to the Possessor upon a fixed moderate Composition, are certainly Articles of great Importance; and will be still more so if by any new Regulation of Government, the Quit Rent of the Crown Lands here should hereafter be raised, as all lands coming under the description of either of those clauses would be exempt from such new Regulation.}
Tobacco, Composition for every Acre, which is the rate set by his Majesty's Governor according to his Majesty's Instruction to him in that Behalf.
And that the Governor and Council of Virginia, for the time being, and in the absence of the Governor, the Deputy Governor and Council, or any five or more of them, whereof the Governor or his deputy to be always one, shall and thereby have full power and authority to hear and determine all Treasons, Murders, Felonies and other offences committed or done, or to be committed or done within the said Government, so as they proceed therein, as near as may be, to the Laws and Statutes of the Kingdom of England.¹³
And lastly of his Royal Goodness, graciously to continue to favour the subjects of his Majesty, his Heirs and Successors, which then did, or thereafter should inhabit in the said Country of Virginia, and to give the more liberal and ample Encouragement to plantations there, declaring his Royal Will and Pleasure, to be that every Clause, Article and Sentence in these his said letters Patent¹⁴ contained, shall be from time to time, forever there

13 _{This clause investing the Governor and Council with full power and authority to hear and determine all Treasons and other offences committed within Government, expounded (as required by the last clause) in the most beneficial and available sense, for the advantage of his Majesty's subjects here, is very inconsistent with the extraordinary measure lately adopted by the British Ministry,-- a plan so contrary to the first principles of Liberty and Justice, as would much better become the Divan at Constantinople, than the Cabinet at London.}
14 _{By this charter the Subjects of Virginia are forever to remain under the immediate protection of the British Crown, and be subject only to its Government here. The Governor is to reside in this country. The titles of their lands are confirmed to the inhabitants. Any vacant Lands are from time to time to be granted for the Importation of people into the Colony according to antient custom; and all the Lands which shall at any time escheat, are confirmed to the Possessors upon certain moderate terms.}
_{The Governor and Council have full power and authority to try all Treasons and other offences committed here, and the Design of the Charter is declared to be to continue to favour the subjects which then did, or afterward should inhabit the said Country of Virginia, and for the more liberal and ample Encouragement to plantations there, (that is, to encourage the increase and extension of the settlements there) every part of the charter is to be construed and take effect in the most advantageous and available sense for the Benefit of the subjects of the said Country of Virginia. The country of Virginia is only mentioned at large and in general Terms in this charter, and not described or ascertained by}

after, as often as any Ambiguity, Doubt or Question shall or may happen to arise thereupon, expounded, construed, deemed and

_{any particular limits or boundaries. It can't be confined to the country then settled, which would be totally inconsistent with the Design of giving encouragement "to Plantations there" and would exclude more than nine-tenths of the present Inhabitants. It can't mean the Country at that time purchased from or ceded by the Indians, for this would also exclude the greatest part of the present Inhabitants. Nor can posterior purchases of Lands from the Indians be used as arguments against the extent of this charter, without impeaching the Crown's Right to those Lands at the time of making the Charter. A Doctrine of a dangerous nature, and diametrically opposite to the claims of Great Britain in her Negotiations and Treaties with other Nations as well as the Reasons for which the King entered into the late war, one of which was the Incroachments made by the French upon the Territory of Virginia. If such purchases could operate against the extent of the Virginia Charter, they would have operated against the grant of the Northern Neck; far the greater part of which was possessed by the Indians, when the said grant was made, and not purchased from them for many years after. So late as Queen Anne's Reign the Blue Ridge of Mountains separated the possessions of the British Subjects here, from those of the Indians. Yet in the last reign, the King and Council gave Lord Fairfax a Judgment for the lands to the Fountain Head of Potomack River, near fourscore miles beyond the Blue Ridge. As our settlements were extended, and the wild game destroyed, the Indians have been found to remove further for the convenience of Hunting. As they retired purchase after purchase hath been made of them, and temporary Lines or Boundaries from time to time accordingly settled between them, and the English Inhabitants here. It is not above fifty years since the people of Virginia settled beyond the Blue Ridge ; it is near thirty years since they first began to settle on the West side of the Alleghany or Appalachian Mountains and at this time there are several thousand Families settled to the Westward of the said Mountains on the Branches and Waters of the Ohio River. When the Colony of Virginia was settled, the Lands first purchased of the Indians were only upon and near the Mouths and larger parts of the Rivers, then to the Falls of the said Rivers, then to the Blue Ridge of Mountains ; afterwards to the Alleghany Mountains ; and lately to the River Ohio. Many of these purchases have been made since the Charter of Charles the Second. If the said Charter was not affected by the former purchases from the Indians neither is it by the last, nor can it be by any purchase made hereafter. For (not to mention the liberal and beneficial manner of Construction which we have a right to) the plain, natural, and obvious meaning of the charter is, to grant and confirm certain Rights, Privileges, and Immunities to all his Majesty's subjects who then did or ever should inhabit that tract of country in America usually called Virginia, according to the Descriptions and Boundaries of the original Charters, not before otherwise appropriated or disposed of by His Majesty's Ancestors. In this situation hath it remained from the time of this last charter, and in this manner hath Virginia been constantly laid down ever since in all the English}
taken to be meant and intended, and shall inure and take effect in the most beneficial and available sense, to all intents and pur-
_{Maps, as well those published by publick authority, as others, to wit, Bounded on the North by Maryland and Pennsylvania, on the East by the Atlantic Ocean, on the South by Carolina, and on the West by the great South Sea or by the Western Limits of the British Dominions, which was never clearly ascertained until the last Treaty of Peace in the year 1763, fixed them by a line drawn along the middle of the River Mississippi. Several Acts of the British Crown and Government, as well as many laws of this Colony (which receiving the Royal Assent are also Acts of the British Crown and Government) have from time to time corresponded with and confirmed these Bounds of Virginia. It will be sufficient to mention a few instances, as there are none which contradict them. In the fourth year of the Reign of Queen Anne, An. Dom. 1705, an act of Assembly was made here, empowering the Governor for the time being, with the consent of the Council, by Charter or Grant, under the seal of the Colony to grant to any such person or persons, their heirs, executors, administrators, or Assigns, as should at his or their own charge, make discovery of any Town or Nation of Indians situate, or inhabiting to the Westward of, or between the Appalatian Mountains, the sole liberty and Right of trading to and with all and every such Town or Towns, Nation or Nations of Indians so discovered as aforesaid for the space of fourteen Years, then next ensuing, with such clauses or. articles of Restraint or Prohibition, of all other persons from the said Trade and under such Penalties and Forfeitures as shall be thought convenient. In an additional Instruction from his late Majesty King George the Second to Sir William Gooch, Bart., Lieut. Governor and Commander in Chief of the Colony and Dominion of Virginia, or to the Commander in Chief of the said Colony for the time being, Given at the Court of St. James the 16th Day of March 1748/9 in the 22nd Year of his Reign reciting a petition which had been presented to his Majesty by the Ohio Company; the said Governor is directed and required forthwith to make the Petitioners and their Associates a Grant or Grants of two hundred thousand Acres of Land betwixt Romanetto's and Buffaloe Creek on the South Side of the River Alleghany, otherwise Ohio and betwixt the two Creeks and the Yellow Creek, on the North Side of the said River or in such other parts of the West of the Alleghany Mountains as shall be adjudged most proper by the said Petitioners, for making settlements thereon, within His Majesty's Colony of Virginia.}

_{In the year 1753 an Act of Assembly was made here, " For further encouraging persons to settle on the Waters of the Mississippi," Declaring that it would be a means of cultivating a better correspondence with the neighbouring Indians, if a further encouragement were given to Persons who have settled or shall settle upon the waters of the Mississippi, in the County of Augusta (which was then the frontier county and quite across this Colony), and that a considerable number of persons as well his Majesty's natural born subjects, as foreign Protestants were willing to come to this Colony with their Families and Effects, and settle upon Lands near the said waters, in case they can have encouragement for so doing ; that settling that part of the country will add to the strength and security}
poses for the Profit and advantage of the subjects of his Majesty, his Heirs and Successors of Virginia aforesaid, as well against his
_{of the Colony in general and be a means of augmenting his Majesty's Revenue of Quit Rents. And enacting, "That all persons being Protestants who have already settled or shall hereafter settle and reside upon any Lands situate to the Westward of the Ridge of Mountains that divides the Rivers Roanoke, James and Potomack from the Mississippi in the County of Augusta, shall be and are exempted and discharged from the payment of all publick, County and Parish Levies, for the term of fifteen years next following."
And in the year 1754 another Act of Assembly was made here "For the Encouragement and Protection of the Settlers upon the waters of the Mississippi," Declaring that many of his Majesty's faithful subjects had been encouraged by the Acts of the General Assembly heretofore made, to settle and inhabit on his Lands in this Colony on and near the Waters of the River Mississippi; and that it hath been represented to the General Assembly that the subjects of the French King, and by their instigation the Indians in alliance with them, had encroached on His Majesty's said Lands, murdered some of his subjects and taken others captive and spoiled them of their Goods and effects; impowering the Treasurer of this Colony to borrow a sum of money upon interest, nominating certain Directors, (members of both Houses of Assembly) and impowering them from time to time with the Consent and approbation of the Governor or Commander in Chief for the time being, to direct and appoint how the said money shall be applied towards protecting and defending his Majesty's subjects, who then were settled or hereafter should settle on the waters of the River Mississippi, And laying sundry duties and Taxes on the inhabitants of this Colony for raising a Fund to repay the Money to be so borrowed. And for the same purposes were several hundred thousand Pounds granted by the General Assembly, and levied upon the people of Virginia, during the course of the late war. And soon after the conclusion of the war, to wit in the year ... it being thought expedient in order to conciliate the minds of the Indians then but lately withdrawn from the French interest, to extend a temporary line or Boundary between the Inhabitants of this Colony and the Southern Indians, across the Alleghany Mountains to the Ohio River; the sum of . . . was granted by the General Assembly and levied upon the people of Virginia . . . charge thereof upon a formal requisition made by the crown for that purpose.
These quotations and examples are sufficient to show in what sense the Charter of King Charles the Second respecting, the Bounds of this Colony, hath been always understood; and to demonstrate that the country to the westward of the Alleghany Mountains on both sides the Ohio River, is part of Virginia. And consequently that no new Government or Proprietary can legally be established there—Nor hath any attempt of that sort ever been made from the time of the said charter until the late extraordinary application of Mr. Walpole and his associates, to the Crown to grant them a Proprietary charter and create a new Government between the Alleghany Mountains and the River Ohio, (in direct violation of the Virginia Charters,) which would not only have taken away great part of the territory of this Colony, but would have removed from under the}
Majesty, his Heirs, and Successors, as against all and every other person and persons whatsoever, any Law, Statute, Custom, or Usuage, to the Contrary thereof in anywise, notwithstanding.
_{immediate protection of the Crown and the Government of Virginia, several thousand inhabitants, settled there under the faith of the said Charters, as well as many subsequent acts of Government and the Encouragement of Publick Laws. It would also have greatly injured the only regular Seminary of Learning in Virginia, by reducing one of the principal Branches of its Revenue, the profits arising from a grant of the Office of Surveyor General of Virginia, made by their Majesties King William and Queen Mary to the President and Professors of William and Mary College, and have introduced a precedent of a very alarming and dangerous nature to the Liberties, Rights and Privileges of His Majesty's subjects of this Colony. To this illegal and injurious attempt several Gentlemen in Virginia, the Ohio Company were made in some measure accessory, without their knowledge and very contrary to their Inclination but at their first General Meeting after having received notice of it ; they unanimously declared their Disapprobation of the measure, and their absolute Refusal of having any concern in it; which Regulation they not only entered in their own Books and communicated to the members of their Company in England; but for their Justification to posterity sent a copy thereof to the Governor and Council to be entered, if they thought fit, on their Journals. This project of Mr. Walpole's was fabricated by the same fertile . . . who first suggested it to the Earl of to apply to the Crown for a grant of the Islands in Delaware Bay; which probably would have taken effect, to the ruin of many reputable Families, if his Lordship, after a Day's debate before the Lords of the Council, had not had grace enough to be ashamed of it, and drop his pretensions. And tho' the scheme for a new Government on the Ohio, for the present seems to be rejected or suspended, yet considering how favourably it was entertained by some of the publick Boards in England, it may be proper for the General Assembly of Virginia, at this time to assert our Rights by a Dutiful Remonstrance and Petition to the Crown.}
Which is humbly submitted to their Consideration.
N. B. -- The first charter for Carolina, the orders to the Commissioners for running a Dividing Line between North Carolina and Virginia, with their proceedings and report thereon, the Articles of the Peace of Utrecht and Aix la Chapelle, with the proceedings of the Commissioners of the two Nations, respecting the boundaries of the English and French Colonies, the Royal Instructions from time to time to the Governors of Virginia, the several orders of the Council relative to the Back Lands, the Judgment of the King and Council upon the Patent Fee in Governor Dinwiddie's time, and several other Publick Documents may throw much light upon this interesting subject.¹
1 _{A draft of the above in George Mason's handwriting was preserved by Richard Henry Lee, and was formerly to be found at the University of Virginia, among the Lee Papers. A copy was made from it in 1842 for Genl. John Mason, from which this is transcribed. The original draft is now missing.}
Source: Kate M. Rowland, 1 The Life of George Mason, 1725-1792, 393-414 (1892).

Mayflower Compact

2011-05-22T12:34:00.001-07:00

Agreement Between the Settlers at New Plymouth : 1620

IN THE NAME OF GOD, AMEN. We, whose names are underwritten, the Loyal Subjects of our dread Sovereign Lord King James, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. Having undertaken for the Glory of God, and Advancement of the Christian Faith, and the Honour of our King and Country, a Voyage to plant the first Colony in the northern Parts of Virginia; Do by these Presents, solemnly and mutually, in the Presence of God and one another, covenant and combine ourselves together into a civil Body Politick, for our better Ordering and Preservation, and Furtherance of the Ends aforesaid: And by Virtue hereof do enact, constitute, and frame, such just and equal Laws, Ordinances, Acts, Constitutions, and Officers, from time to time, as shall be thought most meet and convenient for the general Good of the Colony; unto which we promise all due Submission and Obedience. IN WITNESS whereof we have hereunto subscribed our names at Cape-Cod the eleventh of November, in the Reign of our Sovereign Lord King James, of England, France, and Ireland, the eighteenth, and of Scotland the fifty-fourth, Anno Domini; 1620.

Mr. John Carver,

Mr. William Bradford,

Mr Edward Winslow,

Mr. William Brewster.

Isaac Allerton,

Myles Standish,

John Alden,

John Turner,

Francis Eaton,

James Chilton,

John Craxton,

John Billington,

Joses Fletcher,

John Goodman,

Mr. Samuel Fuller,

Mr. Christopher Martin,

Mr. William Mullins,

Mr. William White,

Mr. Richard Warren,

John Howland,

Mr. Steven Hopkins,

Digery Priest,

Thomas Williams,

Gilbert Winslow,

Edmund Margesson,

Peter Brown,

Richard Britteridge

George Soule,

Edward Tilly,

John Tilly,

Francis Cooke,

Thomas Rogers,

Thomas Tinker,

John Ridgdale

Edward Fuller,

Richard Clark,

Richard Gardiner,

Mr. John Allerton,

Thomas English,

Edward Doten,

Edward Liester.

English Bill of Rights

2011-05-22T12:33:00.002-07:00

An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown

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 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.: