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Founding Documents: Fundamental Orders of Connecticut

1638-1639

FORASMUCH as it hath pleased the Allmighty God by the wise disposition of his diuyne pruidence so to Order and dispose of things that we the Inhabitants and Residents of Windsor, Harteford and Wethersfield are now cohabiting and dwelling in and vppon the River of Conectecotte and the Lands thereunto adoiyneing;  And well knowing where a people are gathered togather the word of God requires that to mayntayne the peace and vnion of such a people there should be an orderly and decent Gouerment established according to God, to order and dispose of the affayres of the people at all seasons as occation shall require;  doe therefore assotiate and conioyne our selues to be as one Publike State or Comonwelth;  and doe, for our selues and our Successors and such as shall be adioyned to vs att any tyme hereafter, enter into Combination and Confederation togather, to mayntayne and prsearue the liberty and purity of the gospell of our Lord Jesus wch we now prfesse, as also the disciplyne of the Churches, wch according to the truth of the said gospell is now practised amongst vs;  As also in or Ciuell Affaires to be guided and gouerned according to such Lawes, Rules, Orders and decrees as shall be made, ordered & decreed, as followeth:

1.  It is Ordered, sentenced and decreed, that there shall be yerely two general Assemblies or Courts, the on the second thursday in Aprill, the other the second thursday in September, following;  the first shall be called the Courte of Election, wherein shall be yerely Chosen fro tyme to tyme soe many Magestrats and other publike Officers as shall be found requisitte:  Whereof one to be chosen Gouernour for the yeare ensueing and vntill another be chosen, and noe other Magestrate to be chosen for more then one yeare;  pruided allwayes there be sixe chosen besids the Gouernour;  wch being chosen and sworne according to an Oath recorded for that purpose shall haue power to administer iustice according to the Lawes here established, and for want thereof according to the rule of the word of God;  wch choise shall be made by all that are admitted freemen and haue taken the Oath of Fidellity, and doe cohabitte wthin this Jurisdiction, (hauing beene admitted Inhabitants by the maior prte of the Towne wherein they liue,) or the mayor prte of such as shall be then prsent.

2.  It is Ordered, sentensed and decreed, that the Election of the aforesaid Magestrats shall be on this manner:  euery prson prsent and quallified for choyse shall bring in (to the prsons deputed to receaue the) one single papr wth the name of him written in yt whom he desires to haue Gouernour, and he that hath the greatest nuber of papers shall be Gouernor for that yeare.  And the rest of the Magestrats or publike Officers to be chosen in this manner:  The Secretary for the tyme being shall first read the names of all that are to be put to choise and then shall seuerally nominate them distinctly, and euery one that would haue the prson nominated to be chosen shall bring in one single paper written vppon, and he that would not haue him chosen shall bring in a blanke and euery one that hath more written papers than blanks shall be a Magistrat for that yeare;  wch papers shall be receaued and told by one or more that shall be then chosen by the court and sworne to be faythfull therein;  but in case there should not be sixe chosen as aforesaid, besids the Gouernor, out of those wch are nominated, then he or they wch haue the most written paprs shall be a Magestrate or Magestrats for the ensueing yeare, to make vp the aforesaid nuber.

3.  It is Ordered, sentenced and decreed, that the Secretary shall not nominate any prson, nor shall any prson be chosen newly into the Magestracy wch was not prpownded in some General Courte before, to be nominated the next Election;  and to that end yt shall be lawfull for ech of the Townes aforesaid by their deputyes to nominate any two who they conceaue fitte to be put to election;  and the Courte may ad so many more as they iudge requisitt.

4.  It is Ordered, sentenced and decreed that noe prson be chosen Gouernor aboue once in two yeares, and that the Gouernor be always a meber of some approved congregation, and formerly of the Magestracy wthin this Jurisdiction;  and all the Magestrats Freemen of this Comonwelth:  and that no Magestrate or other publike officer shall execute any prte of his or their Office before they are seuerally sworne, wch shall be done in the face of the Courte if they be prsent, and in case of absence by some deputed for that purpose.

5.  It is Ordered, sentenced and decreed, that to the aforesaid Courte of Election and seurall Townes shall send their deputyes, and when the Elections are ended they may prceed in any publike searuice as at other Courts.  Also the other General Courte in September shall be for makeing of lawes, and any other publike occation wch conserns the good of the Comonwelth.

6.  It is Ordered, sentenced and decreed, that the Gournor shall, ether by himselfe or by the secretary, send out sumons to the Constables of eur Towne for the cauleing of these two standing Courts, on month at lest before their seurall tymes:  And also if the Gournor and the gretest prte of the Magestrats see cause vppon any spetiall occation to call a general Courte, they may giue order to the secretary soe to doe wthin fowerteene dayes warneing;  and if vrgent necessity so require, vppon a shorter notice, giueing sufficient grownds for yt to the deputyes when they meete, or els be questioned for the same;  And if the Gournor and Mayor prte of Magestrats shall ether neglect or refuse to call the two General standing Courts or ether of the, as also at other tymes when the occations of the Comonwelth require, the Freemen thereof, or the Mayor prte of them, shall petition to them soe to doe:  if then yt be ether denyed or neglected the said Freemen or the Mayor prte of them shall haue power to giue order to the Constables of the seurall Townes to doe the same, and so may meete togather, and chuse to themselues a Moderator, and may prceed to do any Acte of power, wch any other General Courte may.

7.  It is ordered, sentenced and decreed that after there are warrants giuen out for any of the said General Courts, the Constable or Constables of ech Towne shall forthwth give notice distinctly to the inhabitants of the same, in some Publike Assembly or by goeing or sending fro howse to howse, that at a place and tyme by him or them lymited and sett, they meet and assemble the selues togather to elect and chuse certen deputyes to be att the General Courte then following to agitate the afayres of the comonwelth;  wch said Deputyes shall be chosen by all that are admitted Inhabitants in the seurall Townes and haue taken the oath of fidellity;  pruided that non be chosen a Deputy for any General Courte wch is not a Freeman of this Comonwelth.

The aforesaid deputyes shall be chosen in a manner following:  euery prson that is prsent and quallified as before exprssed, shall bring the names of such, written in seurrall papers, as they desire to haue chosen for that Imployment, and these 3 or 4, more or lesse, being the nuber agreed on to be chosen for that tyme, that haue greatest nuber of papers written for the shall be deputyes for that Courte;  whose names shall be endorsed on the backe side of the warrant and returned into the Courte, wth the Constable or Constables hand vnto the same.

8.  It is Ordered, sentenced and decreed, that Wyndsor, Hartford and Wethersfield shall haue power, ech Towne, to send fower of their freemen as deputyes to euery General Courte;  and whatsoeuer other Townes shall be hereafter added to this Jurisdiction, they shall send so many deputyes as the Courte shall judge meete, a reasonable prportion to the nuber of Freemen that are in the said Townes being to be attended therein;  wch deputyes shall have the power of the whole Towne to giue their voats and alowance to all such lawes and orders as may be for the publike good, and unto wch the said Townes are to bownd.

9.  It is ordered and decreed, that the deputyes thus chosen shall haue power and liberty to appoynt a tyme and a place of meeting togather before any General Courte to aduise and consult of all such things as may concerne the good of the publike, as also to examine their owne Elections, whether according to the order, and if they or the gretest prte of them find any election to be illegall they may seclud such for prsent fro their meeting, and returne the same and their resons to the Courte;  and if yt proue true, the Courte may fyne the prty or prtyes so intruding and the Towne, if they see cause, and giue out a warrant to goe to a newe election in a legall way, either in whole or in prte.  Also the said deputyes shall haue power to fyne any that shall be disorderly at their meetings, or for not coming in due tyme or place according to appoyntment;  and they may returne the said fynes into the Courte if yt be refused to be paid, and the tresurer to take notice of yt, and to estreete or levy the same as he doth other fynes.

10.  It is Ordered, sentenced and decreed, that euery General Courte, except such as through neglecte of the Gournor and the greatest prte of Magestrats the Freemen themselves doe call, shall consist of the Gouernor, or some one chosen to moderate the Court, and 4 other Magestrats at lest, wth the mayor prte of the deputyes of the seuerall Townes legally chosen;  and in case the Freemen or mayor prte of the through neglect or refusall of the Gouernor and mayor prte of the magestrats, shall call a Courte, that yt shall consist of the mayor prte of Freemen that are prsent or their deputyes, wth a Moderator chosen by the:  In wch  said General Courts shall consist the supreme power of the Comonwelth, and they only shall haue power to make laws or repeale the, to graunt leuyes, to admitt of Freemen, dispose of lands vndisposed of,, to seuerall Townes or prsons, and also shall haue power to call ether Courte or Magestrate or any other prson whatsoeuer into question for any misdemeanour, and may for just causes displace or deale otherwise according to the nature of the offence;  and also may deale in any other matter that concerns the good of this comon welth, excepte election of Magestrats, wch shall be done by the whole boddy of Freemen:  In wch Courte the Gouernour or Moderator shall haue power to order the Courte to giue liberty of spech, and silence vnceasonable and disorderly speakeings, to put all things to voate, and in case the vote be equall to haue the casting voice.  But non of these Courts shall be adiorned or dissolued wthout the consent of the maior prte of the Court.

11.  It is ordered, sentenced and decreed, that when any General Courte vppon the occations of the Comonwelth haue agreed vppon any sume or somes of mony to be leuyed vppon the seuerall Townes wthin this Jurisdiction, that a Comittee be chosen to sett out and appoynt wt shall be the prportion of euery Towne to pay of the said leuy, prvided the Comittees be made vp of an equall nuber out of each Towne.

14th January, 1638, the 11 Orders abouesaid are voted.

THE OATH OF THE GOUrNOR, FOR THE [PrSENT]

I, N. W. being now chosen to be Gournor wthin this Jurisdiction, for the yeare ensueing, and vntil a new be chosen, doe sweare by the greate and dreadfull name of the everliueing God, to prmote the publicke good and peace of the same, according to the best of my skill;  as also will mayntayne all lawfull priuiledges of this Comonwealth;  as also that all wholsome lawes that are or shall be made by lawfull authority here established, be duly executed;  and will further the execution of Justice according to the rule of Gods word;  so helpe me God, in the name of the Lo:  Jesus Christ.

THE OATH OF A MAGESTRATE, FOR THE PRSENT

I, N. W. being chosen a Magestrate wthin this Jursidiction for the yeare ensueig, doe sweare by the great and dreadfull name of the euerliueing God:  to prmote the publike good and peace of the same, according to the best of my skill, and that I will mayntayne all the lawfull priuiledges thereof according to my vnderstanding, as also assist in the execution of all such wholsome lawes as are made or shall be made by lawfull authority heare established, and will further the execution of Justice for the tyme aforesaid according to the righteous rule of Gods word;  so helpe me God, etc.