Uncovering the Complex Legacy: Massachusetts Body of Liberties and Black History

I just taught a freshman Black studies class at a university about the Massachusetts Body of Liberitis and I’d like to share some lesser-known facts about the Massachusetts Body of Liberties and its relationship to Black history and slavery that I taught the class. This document, adopted in 1641, played a significant role in shaping the legal landscape of colonial Massachusetts, including its stance on slavery. Let’s explore some intriguing details that you may not have encountered before.

20 Unknown or Interesting Facts about the Massachusetts Body of Liberties

1. The Massachusetts Body of Liberties was the first legal code established by European colonists in New England, setting a precedent for future colonial legislation5.
2. Contrary to popular belief, the Body of Liberties legalized slavery in Massachusetts, making it the first English colony in North America to do so14.
3. The document’s provision for slavery was included in its “liberties of foreigners and strangers,” ironically categorizing enslaved individuals under a section ostensibly about rights1.
4. The Body of Liberties allowed for the enslavement of individuals who were “taken in just wars” or who willingly sold themselves1.
5. This legal framework created a system of race-based, chattel slavery that was hereditary, setting the stage for generations of enslaved individuals1.
6. The document’s legalization of slavery stood in stark contrast to its purported aim of protecting individual liberties5.
7. Over the next 150 years following the Body of Liberties, Bostonians repeatedly revisited and refined their understanding of slavery within this legal framework1.
8. The Body of Liberties’ stance on slavery influenced other New England colonies, contributing to the spread of legalized slavery in the region2.
9. Despite legalizing slavery, Massachusetts never developed a comprehensive slave code like those found in the Middle and Southern colonies2.
10. This lack of a comprehensive code created legal ambiguities that enslaved individuals could sometimes exploit in their quest for freedom2.
11. The Body of Liberties allowed enslaved individuals in Massachusetts access to the courts, a right not typically granted in other colonies2.
12. This legal access led to an increase in freedom suits after 1760, with several enslaved individuals successfully suing for their freedom2.
13. The document’s provisions indirectly contributed to Massachusetts having more free Black people than enslaved individuals by the end of the American Revolution3.
14. The legal framework established by the Body of Liberties eventually led to the abolition of slavery in Massachusetts in 1783, earlier than many other states3.
15. The document’s legacy includes both the shameful legalization of slavery and the legal tools that eventually helped dismantle the institution4.
16. The Body of Liberties influenced later petitions by enslaved individuals in Massachusetts, who used similar language of rights and liberties in their appeals for freedom4.
17. The document’s contradictory nature – promoting liberties while allowing slavery – reflects the complex and often hypocritical attitudes towards freedom in colonial America7.
18. The Body of Liberties’ provision for slavery was used to justify the participation of Massachusetts in the transatlantic slave trade, including the infamous Middle Passage7.
19. The document’s influence extended beyond slavery, shaping laws that controlled the movements and behaviors of both enslaved and free Black individuals in Massachusetts4.
20. The legacy of the Body of Liberties continued to impact race relations in Massachusetts long after the abolition of slavery, contributing to ongoing struggles for civil rights3.

In conclusion, the Massachusetts Body of Liberties presents a complex and often contradictory legacy in Black history. While it shamefully legalized slavery, it also provided some legal recourse for enslaved individuals that was unique in colonial America. This document serves as a stark reminder of the long and difficult journey towards freedom and equality, a journey that continues to this day. As we study this history, we must remain critical and aware of the lasting impacts of such early legal frameworks on our society.

The Massachusetts Body of Liberties, adopted in 1641, had significant connections to the Bible and churches:

Biblical Influence

1. The document drew inspiration from Scripture, particularly in its list of capital crimes based on the Ten Commandments1.
2. Many of the liberties established were explicitly cited as originating from biblical sources5.
3. The justification for slavery in Passage 91 was likely based on interpretations of New Testament passages5.

Church Liberties

The Body of Liberties granted several specific freedoms to churches:

1. Churches had full liberty to exercise all ordinances of God according to Scripture2.
2. Churches were given free liberty of election and ordination of their officers24.
3. Churches had freedom to admit, recommend, dismiss, or expel members and officers28.
4. No injunctions were to be put upon churches in matters of doctrine, worship, or discipline2.
5. Churches had the liberty to celebrate days of fasting, prayer, and thanksgiving2.
6. Church elders were given freedom to meet for conferences and consultations2.

Relationship Between Civil Authority and Churches

The document also addressed the relationship between civil authority and churches:

1. Civil authority had the power to ensure peace and observance of Christ’s ordinances in churches, but only in a civil, not ecclesiastical, manner4.
2. No church censure could degrade or remove a person from civil office or authority4.
3. Civil authority retained the power to deal with church members in matters of civil justice4.

The Massachusetts Body of Liberties reflected the strong influence of Puritan religious beliefs on early American governance, blending biblical principles with civil law7. This document laid important groundwork for future American concepts of religious liberty and separation of church and state.

As a Black American and a Christian, I find it appalling that the Bible—a sacred text meant to inspire love, justice, and liberation—was twisted to justify the enslavement and dehumanization of my ancestors. The same Scriptures that speak of freedom for the oppressed and the inherent dignity of all people were manipulated to uphold systems of racial oppression. It’s a painful reminder of how faith can be weaponized when taken out of context, and it challenges us to reclaim the true message of the Gospel: one of equality, compassion, and justice for all.

Citations:

1. https://www.boston.gov/departments/archaeology/boston-slavery-exhibit
2. https://digitalcommons.liberty.edu/cgi/viewcontent.cgi?article=1013&context=ljh
3. https://www.nps.gov/articles/bostonafam.htm
4. https://www.nps.gov/articles/000/slavery-and-law-in-early-ma.htm
5. https://www.mass.gov/info-details/massachusetts-body-of-liberties
6. https://www.govinfo.gov/content/pkg/GOVPUB-S20-PURL-gpo5529/pdf/GOVPUB-S20-PURL-gpo5529.pdf
7. https://www.bpl.org/blogs/post/black-history-month-its-founder-and-civil-rights-roots-in-massachusetts/
8. https://legacyofslavery.harvard.edu/report/slavery-in-new-england-and-at-harvard
9. https://teachingamericanhistory.org/document/the-massachusetts-body-of-liberties/