church sought out for [220]1 some other, having often been disappointed in their hopes and desires heretofore. And it pleased the Lord to send them an able and a godly man,2 and of a meeke and

humble spirite, sound in the truth, and every way unreproveable in his life and conversation; whom, after some time of triall, they chose for their teacher, the fruits of whose labours they injoyed many years with much comforte, in peace, and good agreemente.

NOTE

In 1685 a compilation of the laws of New Plymouth was printed, with the following title:

The Book of the General | Laws | Of the Inhabitants of the | Jurisdiction of | New-Plimouth, | Collected out of the Records of the | General Court, | And lately Revised: . . . Boston In New-England: | Printed by Samuel Green. 1685.

The first chapter is composed of "The General Fundamentals. Anno. 1636. and Revised 1671." At a General Court held October 4 and 5, 1636, it was agreed: "The ordnances of the colony and corporation being read, divers were fownd worthy the reforming, others the rejecting, and others fitt to be instituted and made. It was therefore ordered and agreed, that four for the

1 120 in MS.

2 Mr. John Reinor.

BRADFORD. John Reyner was born at Gildersome, in the parish of Batley, in the west riding of York, and took his degree of A.B. in 1625, at Emmanuel College, Cambridge. He came to New England about 1635, settled at New Plymouth, where he remained until November, 1654. That winter he passed in Boston, and in 1655 accepted a call from the church in Dover, dying in office, April 20, 1669. He was twice married; first to Boys, who inherited property at Gildersome, and second (before 1642), to Frances Clarke, of Boston. John Reyner and Ralph Partridge were both admitted freemen of New Plymouth, March 6, 1637-38.

towne of Plymouth, two for Scituate, and two for Duxburrow should, as committees for the whole, be added to the Governor and Assistants, to rectefie and prepare such as should be thought most convenient, that, if approved, they may be put in force the next Generall Court.

"The parties menconed for the towne of Plymouth, Mr. Will. Brewster, Mr. Raph Smith, John Done, and Joh. Jenny; for Duxburrow, Mr. Jonath. Brewster and Christopher Wadsworth; for Scituate, Anthony Annable and James Cudworth; all which to repaire to the Governor and Assistants at Plymouth aforesaid the 15th of November next ensuing, and there continue their app[e]arance till such time as the premises be determined." Plymouth Col. Rec., 1. 43. No mention of the submission and acceptance of a report or code is to be found. In Massachusetts the first steps towards framing a code were taken in 1635, but the matter was not completed until 1641. Of this compilation of 1636 these Fundamentals formed a part, but how far they had been altered and modified before 1671 cannot be determined.

"1. Wee the Associates of the Colony of New-Plimouth, coming hither as free born Subjects of the Kingdome of England, Endowed with all and singular the Priviledges belonging to such: Being Assembled,

Laws to be made by the

"Do Enact, Ordain and Constitute; that no Act, Imposition, Law or Ordinance be Made or Imposed upon us at present or to come, Freemen or their but such as shall be Enacted by consent of the body of Freemen representatives. or Associates, or their, Representatives legally assembled; which is according to the free Liberties of the free born People of England. "2. And for the well Governing this Colony: It is also Resolved and Ordered, Annually chosen that there be a free Election annually, of Governour, Deputy by the free men. Governour and Assistants, by the Vote of the Freemen of this Corporation.

"3. It is also Enacted, that Justice and Right be equally and impartially Justice to be Administred unto all, not sold, denied or causelesly deferred speedily admin- unto any.

equally and

istred.

"4. It is also Enacted, that no person in this Government shall suffer or None to suffer be indamaged, in respect of Life, Limb, Liberty, Good Name but according or Estate, under colour of Law, or countenance of Authority, to Law and by due course and but by Virtue or Equity of some express Law of the General process of Law. Court of this Colony, or the good and equitable Laws of our Nation, suitable for us, in matters which are of a civil nature (as by the Court here hath been accustomed) wherein we have no particular Law of our own.

And that none shall suffer as aforesaid, without being brought to answer by due course and process of Law.

"5. And that all Cases, whither Capital, Criminal, or between man and man, be Tried by a Jury of twelve good and lawful men, accord- All Trials to be ing to the Commendable custome of England, except where by Jury. some express Law doth referre it to the judgment of some other Judg or Inferiour Court where Jury is not; in which Case also, any party agrieved, may Appeal and have Trial by a Jury.

"And it shall be in the liberty of any person, that is to be tried by aJury to challenge any of the Jurors, and if the challenge be found With liberty to just and reasonable by the Bench, it shall be allowed, and others challenge any of without just exception shall be Impanelld in their room: And the jury.

if it be in case of Life and Death, the Prisoner shall have liberty (according to the Law of England) to except against twenty of the Jury without giving any reason for the same.

"6. That no Person shall be Cast, Condemned or Sentenced in any Case Capital, Civil or Criminal without the testimony of two suffi- What testimony cient Witnesses, or other sufficient Evidence, or Circumstances required in cases. equivalent thereunto, unless in any particular Case the Law hath otherways provided.

'7. And it is Enacted; Being the Priviledge of our Charter; That all Persons of the Age of twenty one Years, of right understanding and Power to make memory, whether Excommunicated, Condemned, or other, Wills. having any Estate properly theirs to dispose of, shall have Power and Liberty to make their reasonable Wills and Testaments, and other lawful Alienations of their Lands and Estates; be it only here excepted, That such as are sentenced for Treason against the King's Majesty, or Realm of England, or other Capital crimes, shall forfeit to the King or ColAn Exception. ony, for the carrying on the Charge of Government, their personal Estate: Their Lands and real Estate being still at their disposal. "8. That whereas the great and known end of the first Comers in the year of our Lord, 1620. leaving their dear Native Country, and all The great end of that was dear to them there; transporting of themselves over our coming into this Wilderness the vast Ocean, into this remote wast Wilderness, and therein was Liberty to willingly conflicting with Dangers, Losses, Hardships and Dis- enjoy the pure worship of God tresses, sore, and not a few, Was, that without offence, they without offence under the protection of their Native Prince, together with the to others. enlargement of his Majesties Dominion, might with the liberty of a good Con