Colonial Massachusetts Laws and Liberties and the English Commonwealth

State Formation, the Rule of Law, and the People’s Welfare

Series: 

On July 4, 1653, the Nominate or Barebones Parliament convened with a minority of committed radicals (Levellers and religious extremists) and a conservative majority of Cromwell’s allies. During acrimonious debates on law reform, the radicals demanded a condensed law book similar to the one adopted in Colonial Massachusetts.
These mostly overlooked events reveal a radical wing of Puritanism determined to found a self-governing state, fully cognizant of the real possibility that England would interdict such attempts by force of arms. This work investigates the motives for such a hazardous undertaking, and the possible influences these events had on the colony’s posterity.

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Charles Edward Smith, Ph.D. (1998), University of Chicago, has recently retired from the US Dept. of Defense, where he served as the Director of Legislative Operations in the Office of the Assistant Secretary for Legislative Affairs.
"Smith offers a novel contribution to an emerging historiography of Puritan politics in New England, a subject that has largely escaped scholarly attention."– Yisroel Benporat, in: Journal of the American Revolution, October 20th, 2025

Preface

Abbreviations

Introduction

Part 1
The English Commonwealth and the Protestant Reformation
1 Massachusetts Capital Laws of 1642

2 Education and Radical Religiosity


Part 2
Creating a Legal Authority in the “New World”
3 No Taxation without Representation

4 The Negative Voice

5 The Standing Council


Part 3
Publishing Massachusetts Laws and Liberties
6 The Body of Liberties of 1641

7 Divine Magistracy vs. a Rule of Law

8 The Laws and Liberties of 1648


Part 4
Transatlantic Legal Reform and Popular Sovereignty
9 Penal Laws, Debt, and Early Modern Markets

10 Ship Money, Rex v. Hampden, and Matters of State

11 Popular Sovereignty: Salus Populi Suprema Lex


Part 5
Imperial Ambitions
12 An Arbitrary, Absolute, and Unlimited Power

13 Sovereignty of the Law

  Conclusion


Works Cited

Index

This book is especially relevant for early modern English, early American, and legal historians, as well as civic education practitioners and public society specialists.
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