Fundamental Orders

FUNDAMENTAL ORDERS OF CONNECTICUT—1638–39^[1][2]

Forasmuch as it hath pleased the Allmighty God by the wise disposition of his diuyne p^ruidence 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 adioyneing; 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 Com̃onwelth; 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 p^rsearue the liberty and purity of the gospell of our Lord Jesus w^ch we now p^rfesse, as also the disciplyne of the Churches, w^ch according to the truth of the said gospell is now practised amongst vs; As also in o^r 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 generall 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 frō 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; p^ruided allwayes there be sixe chosen besids the Gouernour; w^ch 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; w^ch choise shall be made by all that are admitted freemen and haue taken the Oath of Fidellity, and doe cohabitte w^thin this Jurisdiction, (hauing beene admitted Inhabitants by the maior p^rt of the Towne wherein they line,^[3]) or the mayor p^rte of such as shall be then p^rsent.

2. It is Ordered, sentensed and decreed, that the Election of the aforesaid Magestrate shall be on this manner: euery p^rson p^rsent and quallified for choyse shall bring in (to the p^rsons deputed to receaue thē) one single pap^r w^th the name of him written in yt whom he desires to haue Gouernour, and he that hath the greatest nūber 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 p^rson 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; w^ch 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 w^ch are nominated, then he or they w^ch haue the most written pap^rs shall be a Magestrate or Magestrats for the ensueing yeare, to make vp the aforesaid nūber.

3. It is Ordered, sentenced and decreed, that the Secretary shall not nominate any p^rson, nor shall any p^rson be chosen newly into the Magestracy w^ch was not p^rpownded in some Generall 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 whō 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 p^rson be chosen Gouernor aboue once in two yeares, and that the Gouernor be always a mēber of some approved congregation, and formerly of the Magestracy w^thin this Jurisdiction; and all the Magestrats Freemen of this Com̃onwelth: and that no Magestrate or other publike officer shall execute any p^rte of his or their Office before they are seuerally sworne, w^ch shall be done in the face of the Courte if they be p^rsent, 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 the seu^rall Townes shall send their deputyes, and when the Elections are ended they may p^rceed in any publike searuice as at other Courts. Also the other Generall Courte in September shall be for makeing of lawes, and any other publike occation, w^ch conserns the good of the Com̃onwelth.

6. It is Ordered, sentenced and decreed, that the Gou^rnor shall, ether by himselfe or by the secretary, send out sum̃ons to the Constables of eu^r Towne for the cauleing of these two standing Courts, on month at lest before their seu^rall tymes: And also if the Gou^rnor and the gretest p^rte of the Magestrats see cause vppon any spetiall occation to call a generall Courte, they may giue order to the secretary soe to doe w^thin 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 Gou^rnor and Mayor p^rte of Magestrats shall ether neglect or refuse to call the two Generall standing Courts or ether of thē, as also at other tymes when the occations of the Com̃onwelth require, the Freemen thereof, or the Mayor p^rte of them, shall petition to them soe to doe: if then yt be ether denyed or neglected the said Freemen or the Mayor p^rte of them shall haue power to giue order to the Constables of the seuerall Townes to doe the same, and so may meete togather, and chuse to themselues a Moderator, and may p^rceed to do any Acte of power, w^ch any other Generall Courte may.

7. It is Ordered, sentenced and decreed that after there are warrants giuen out for any of the said Generall Courts, the Constable or Constables of ech Towne shall forthw^th give notice distinctly to the inhabitants of the same, in some Publike Assembly or by goeing or sending frō howse to howse, that at a place and tyme by him or them lymited and sett, they meet and assemble thē selues togather to elect and chuse certen deputyes to be att the Generall Courte then following to agitate the afayres of the com̃onwelth; w^ch said Deputyes shall be chosen by all that are admitted Inhabitants in the seu^rall Townes and haue taken the oath of fidellity; p^ruided that non be chosen a Deputy for any Generall Courte w^ch is not a Freeman of this Com̃onwelth.

The a-foresaid deputyes shall be chosen in manner following: euery p^rson that is p^rsent and quallified as before exp^rssed, shall bring the names of such, written in seu^rrall papers, as they desire to haue chosen for that Imployment, and these 3 or 4, more or lesse, being the nūber agreed on to be chosen for that tyme, that haue greatest nūber of papers written for thē shall be deputyes for that Courte; whose names shall be endorsed on the backe side of the warrant and returned into the Courte, w^th 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 Generall 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 resonable p^rportion to the nūber of Freemen that are in the said Townes being to be attended therein; w^ch 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 w^ch the said Townes are to be 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 Generall 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 p^rte of them find any election to be illegall they may seclud such for p^rsent frō their meeting, and returne the same and their resons to the Courte; and if yt proue true, the Courte may fyne the p^rty or p^rtyes 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 p^rte. Also the said deputyes shall haue power to fyne any that shall be disorderly at their meetings, or for not com̃ing 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 Generall Courte, except such as through neglecte of the Gou^rnor and the greatest p^rte 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, w^th the mayor p^rte of the deputyes of the seuerall Townes legally chosen; and in case the Freemen or mayor p^rte of thē through neglect or refusall of the Gouernor and mayor p^rte of the magestrats, shall call a Courte, that y^t shall consist of the mayor p^rte of Freemen that are p^rsent or their deputyes, w^th a Moderator chosen by thē: In w^ch said Generall Courts shall consist the supreme power of the Com̃onwelth, and they only shall haue power to make laws or repeale thē, to graunt leuyes, to admitt of Freemen, dispose of lands vndisposed of,, to seuerall Townes or p^rsons, and also shall haue power to call ether Courte or Magestrate or any other p^rson 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 com̃on welth, excepte election of Magestrats, w^ch shall be done by the whole boddy of Freemen: In w^ch 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 w^thout the consent of the maior p^rte of the Court.

11. It is ordered, sentenced and decreed, that when any Generall Courte vppon the occations of the Com̃onwelth haue agreed vppon any sum̃e or somes of mony to be leuyed vppon the seuerall Townes w^thin this Jurisdiction, that a Com̃ittee be chosen to sett out and appoynt w^t shall be the p^rportion of euery Towne to pay of the said leuy, p^rided the Com̃ittees be made vp of an equall nūber out of each Towne.

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

the oath of the gou^rnor, for the [p^rsent]

I N. W. being now chosen to be Gou^rnor w^thin 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 p^rmote the publicke good and peace of the same, according to the best of my skill; as also will mayntayne all lawfull priuiledges of this Com̃onwealth; 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 p^rsent

I, N. W. being chosen a Magestrate w^thn this Jurisdiction for the yeare ensueing, doe sweare by the great and dreadfull name of the euerliueing God, to p^rmote 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.

1. Hazard’s State Papers, I, 437–441.
2. Springfield withdrew in 1637 from the association, and the remaining towns—Windsor, Hartford and Wethersfield,—formed this voluntary compact or constitution on the 14th of January, 1638–’39.
3. This clause has been interlined in a different handwriting, and at a more recent period.