Colonial Society and Culture

AP US History· difficulty 3/5

"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 ways punished... 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." — Massachusetts Body of Liberties, drafted by Nathaniel Ward (1641)

Which English legal tradition is most clearly echoed in this passage?

  • A

    The Test Act requiring Anglican communion for officeholders

  • B

    The Star Chamber's discretionary equity proceedings

  • C

    Magna Carta's guarantee of due process under known law

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  • D

    The Statute of Praemunire restricting papal jurisdiction

Explanation

The provision that no person be punished except "by virtue... of some express law" mirrors Magna Carta's principle that the Crown act only under established law, transplanted into Puritan New England.

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