THE
FUNDAMENTAL ORDERS
OF CONNECTICUT
January 14, 1639
For as much as it hath
pleased Almighty God by the wise disposition of his divine providence so
to order and dispose of things that we the Inhabitants and Residents of
Windsor, Hartford and Wethersfield are now cohabiting and dwelling in and
upon the River of Connectecotte and the lands thereunto adjoining; and
well knowing where a people are gathered together the word of God requires
that to maintain the peace and union of such a people there should be an
orderly and decent Government established according to God, to order and
dispose of the affairs of the people at all seasons as occasion shall require;
do therefore associate and conjoin ourselves to be as one Public State
or Commonwealth; and do for ourselves and our successors and such as shall
be adjoined to us at any time hereafter, enter into Combination and Confederation
together, to maintain and preserve the liberty and purity of the Gospel
of our Lord Jesus which we now profess, as also, the discipline of the
Churches, which according to the truth of the said Gospel is now practiced
amongst us; as also in our civil affairs to be guided and governed accordinbg
to such Laws, Rules, Orders and Decrees as shall be made, ordered, and
decreed as followeth:
It is Ordered, sentenced,
and decreed, that there shall be yearly two General Assemblies or Courts,
the one the second Thursday in April, the other the second Thursday in
September following; the first shall be called the Court of Election, wherein
shall be yearly chosen from time to time, so many Magistrates and other
public Officers as shall be found requisite: Whereof one to be chosen Governor
for the year ensuing and until another be chosen, and no other Magistrate
to be chosen for more than one year: provided always there be six chosen
besides the Governor, which being chosen and sworn according to an Oath
recorded for that purpose, shall have the power to administer justice according
to the Laws here established, and for want thereof, according to the Rule
of the Word of God; which choice shall be made by all that are admitted
freemen and have taken the Oath of Fidelity, and do cohabit within this
Jurisdiction having been admitted Inhabitants by the major part of the
Town wherein they live or the major part of such as shall be then present.
It is Ordered, sentenced,
and decreed, that the election of the aforesaid Magistrates shall be in
this manner: every person present and qualified for choice shall bring
in (to the person deputed to receive them) one single paper with the name
of him written in it whom he desires to have Governor, and that he that
hath the greatest number of papers shall be Governor for that year. And
the rest of the Magistrates or public officers to be chosen in this manner:
the Secretary for the time being shall first read the names of all that
are to be put to choice and then shall severally nominate them distinctly,
and every one that would have the person nominated to be chosen shall bring
in one single paper written upon, and he that would not have him chosen
shall bring in a blank; and every one that hath more written papers than
blanks shall be a Magistrate for that year; which papers shall be received
and told by one or more that shall be then chosen by the court and sworn
to be faithful therein; but in case there should not be six chosen as aforesaid,
besides the Governor, out of those which are nominated, than he or they
which have the most writen papers shall be a Magistrate or Magistrates
for the ensuing year, to make up the aforesaid number.
It is Ordered, sentenced,
and decreed, that the Secretary shall not nominate any person, nor shall
any person be chosen newly into the Magistracy which was not propounded
in some General Court before, to be nominated the next election; and to
that end it shall be lawful for each of the Towns aforesaid by their deputies
to nominate any two whom they conceive fit to be put to election; and the
Court may add so many more as they judge requisite.
It is Ordered, sentenced,
and decreed, that no person be chosen Governor above once in two years,
and that the Governor be always a member of some approved Congregation,
and formerly of the Magistracy within this Jurisdiction; and that all the
Magistrates, Freemen of this Commonwealth; and that no Magistrate or other
public officer shall execute any part of his or their office before they
are severally sworn, which shall be done in the face of the court if they
be present, and in case of absence by some deputed for that purpose.
It is Ordered, sentenced,
and decreed, that to the aforesaid Court of Election the several Towns
shall send their deputies, and when the Elections are ended they may proceed
in any public service as at other Courts. Also the other General Court
in September shall be for making of laws, and any other public occasion,
which concerns the good of the Commonwealth.
It is Ordered, sentenced,
and decreed, that the Governor shall, either by himself or by the Secretary,
send out summons to the Constables of every Town for the calling of these
two standing Courts one month at least before their several times: And
also if the Governor and the greatest part of the Magistrates see cause
upon any special occasion to call a General Court, they may give order
to the Secretary so to do within fourteen days' warning: And if urgent
necessity so required, upon a shorter notice, giving sufficient grounds
for it to the deputies when they meet, or else be questioned for the same;
And if the Governor and major part of Magistrates shall either neglect
or refuse to call the two General standing Courts or either of them, as
also at other times when the occasions of the Commonwealth require, the
Freemen thereof, or the major part of them, shall petition to them so to
do; if then it be either denied or neglected, the said Freemen, or the
major part of them, shall have the power to give order to the Constables
of the several Towns to do the same, and so may meet together, and choose
to themselves a Moderator, and may proceed to do any act of power which
any other General Courts may.
It is Ordered, sentenced,
and decreed, that after there are warrants given out for any of the said
General Courts, the Constable or Constables of each Town, shall forthwith
give notice distinctly to the inhabitants of the same, in some public assembly
or by going or sending from house to house, that at a place and time by
him or them limited and set, they meet and assemble themselves together
to elect and choose certain deputies to be at the General Court then following
to agitate the affairs of the Commonwealth; which said deputies shall be
chosen by all that are admitted Inhabitants in the several Towns and have
taken the oath of fidelity; provided that none be chosen a Deputy for any
General Court which is not a Freeman of this Commonwealth.
The aforesaid deputies shall
be chosen in manner following: every person that is present and qualified
as before expressed, shall bring the names of such, written in several
papers, as they desire to have chosen for that employment, and these three
or four, more or less, being the number agreed on to be chosen for that
time, that have the greatest number of papers written for them shall be
deputies for that Court; whose names shall be endorsed on the back side
of the warrant and returned into the Court, with the Constable or Constables'
hand unto the same.
It is Ordered, sentenced,
and decreed, that Windsor, Hartford, and Wethersfield shall have power,
each Town, to send four of their Freemen as their deputies to every General
Court; and Whatsoever other Town shall be hereafter added to this Jurisdiction,
they shall send so many deputies as the Court shall judge meet, a reasonable
proportion to the number of Freemen that are in the said Towns being to
be attended therein; which deputies shall have the power of the whole Town
to give their votes and allowance to all such laws and orders as may be
for the public good, and unto which the said Towns are to be bound.
It is Ordered, sentenced,
and decreed, that the deputies thus chosen shall have power and liberty
to appoint a time and a place of meeting together before any General Court,
to advise and consult of all such things as may concern the good of the
public, as also to examine their own Elections, whether according to the
order, and if they or the greatest part of them find any election to be
illegal they may seclude such for present from their meeting, and return
the same and their reasons to the Court; and if it be proved true, the
Court may fine the party or parties so intruding, and the Town, if they
see cause, and give out a warrant to go to a new election in a legal way,
either in part or in whole. Also the said deputies shall have power to
fine any that shall be disorderly at their meetings, or for not coming
in due time or place according to appointment; and they may return the
said fines into the Court if it be refused to be paid, and the Treasurer
to take notice of it, and to escheat or levy the same as he does other
fines.
It is Ordered, sentenced,
and decreed, that every General Court, except such as through neglect of
the Governor and the greatest part of the Magistrates the Freemen themselves
do call, shall consist of the Governor, or some one chosen to moderate
the Court, and four other Magistrates at least, with the major part of
the deputies of the several Towns legally chosen; and in case the Freemen,
or major part of them, through neglect or refusal of the Governor and major
part of the Magistrates, shall call a Court, it shall consist of the major
part of Freemen that are present or their deputiues, with a Moderator chosen
by them: In which said General Courts shall consist the supreme power of
the Commonwealth, and they only shall have power to make laws or repeal
them, to grant levies, to admit of Freemen, dispose of lands undisposed
of, to several Towns or persons, and also shall have power to call either
Court or Magistrate or any other person whatsoever into question for any
misdemeanor, and may for just causes displace or deal otherwise according
to the nature of the offense; and also may deal in any other matter that
concerns the good of this Commonwealth, except election of Magistrates,
which shall be done by the whole body of Freemen.
In which Court the Governor
or Moderator shall have power to order the Court, to give liberty of speech,
and silence unseasonable and disorderly speakings, to put all things to
vote, and in case the vote be equal to have the casting voice. But none
of these Courts shall be adjourned or dissolved without the consent of
the major part of the Court.
It is Ordered, sentenced,
and decreed, that when any General Court upon the occasions of the Commonwealth
have agreed upon any sum, or sums of money to be levied upon the several
Towns within this Jurisdiction, that a committee be chosen to set out and
appoint what shall be the proportion of every Town to pay of the said levy,
provided the committee be made up of an equal number out of each Town.
14th January 1639 the 11
Orders above said are voted.