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:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
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