221 lines
12 KiB
Plaintext
221 lines
12 KiB
Plaintext
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THE FUNDAMENTAL ORDERS OF 1639
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January 14, 1639
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For as much as it hath pleased Almighty God by the wise disposition of
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his divine providence so to order and dispose of things that we the
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Inhabitants and Residents of Windsor, Hartford and Wethersfield are now
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cohabiting and dwelling in and upon the River of Connectecotte and the
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lands thereunto adjoining; and well knowing where a people are gathered
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together the word of God requires that to maintain the peace and union
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of such a people there should be an orderly and decent Government
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established according to God, to order and dispose of the affairs of
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the people at all seasons as occasion shall require; do therefore
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associate and conjoin ourselves to be as one Public State or Common-
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wealth; and do for ourselves and our successors and such as shall be
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adjoined to us at any time hereafter, enter into Combination and
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Confederation together, to maintain and preserve the liberty and purity
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of the Gospel of our Lord Jesus which we now profess, as also, the
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discipline of the Churches, which according to the truth of the said
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Gospel is now practiced amongst us; as also in our civil affairs to be
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guided and governed accordinbg to such Laws, Rules, Orders and Decrees
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as shall be made, ordered, and decreed as followeth:
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1. It is Ordered, sentenced, and decreed, that there shall be
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yearly two General Assemblies or Courts, the one the second
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Thursday in April, the other the second Thursday in September
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following; the first shall be called the Court of Election,
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wherein shall be yearly chosen from time to time, so many
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Magistrates and other public Officers as shall be found
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requisite: Whereof one to be chosen Governor for the year
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ensuing and until another be chosen, and no other Magistrate
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to be chosen for more than one year: provided always there be
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six chosen besides the Governor, which being chosen and sworn
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according to an Oath recorded for that purpose, shall have
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the power to administer justice according to the Laws here
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established, and for want thereof, according to the Rule of
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the Word of God; which choice shall be made by all that are
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admitted freemen and have taken the Oath of Fidelity, and do
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cohabit within this Jurisdiction having been admitted
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Inhabitants by the major part of the Town wherein they live
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or the major part of such as shall be then present.
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2. It is Ordered, sentenced, and decreed, that the election of
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the aforesaid Magistrates shall be in this manner: every
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person present and qualified for choice shall bring in (to
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the person deputed to receive them) one single paper with the
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name of him written in it whom he desires to have Governor,
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and that he that hath the greatest number of papers shall be
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Governor for that year. And the rest of the Magistrates or
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public officers to be chosen in this manner: the Secretary
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for the time being shall first read the names of all that are
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to be put to choice and then shall severally nominate them
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distinctly, and every one that would have the person nomin-
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ated to be chosen shall bring in one single paper written
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upon, and he that would not have him chosen shall bring in a
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blank; and every one that hath more written papers than
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blanks shall be a Magistrate for that year; which papers
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shall be received and told by one or more that shall be then
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chosen by the court and sworn to be faithful therein; but in
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case there should not be six chosen as aforesaid, besides the
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Governor, out of those which are nominated, than he or they
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which have the most writen papers shall be a Magistrate or
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Magistrates for the ensuing year, to make up the aforesaid
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number.
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3. It is Ordered, sentenced, and decreed, that the Secretary
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shall not nominate any person, nor shall any person be chosen
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newly into the Magistracy which was not propounded in some
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General Court before, to be nominated the next election; and
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to that end it shall be lawful for each of the Towns afore-
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said by their deputies to nominate any two whom they conceive
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fit to be put to election; and the Court may add so many more
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as they judge requisite.
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4. It is Ordered, sentenced, and decreed, that no person be
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chosen Governor above once in two years, and that the
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Governor be always a member of some approved Congregation,
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and formerly of the Magistracy within this Jurisdiction; and
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that all the Magistrates, Freemen of this Commonwealth; and
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that no Magistrate or other public officer shall execute any
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part of his or their office before they are severally sworn,
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which shall be done in the face of the court if they be
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present, and in case of absence by some deputed for that
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purpose.
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5. It is Ordered, sentenced, and decreed, that to the aforesaid
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Court of Election the several Towns shall send their depu-
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ties, and when the Elections are ended they may proceed in
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any public service as at other Courts. Also the other
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General Court in September shall be for making of laws, and
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any other public occasion, which concerns the good of the
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Commonwealth.
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6. It is Ordered, sentenced, and decreed, that the Governor
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shall, either by himself or by the Secretary, send out
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summons to the Constables of every Town for the calling of
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these two standing Courts one month at least before their
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several times: And also if the Governor and the greatest part
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of the Magistrates see cause upon any special occasion to
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call a General Court, they may give order to the Secretary so
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to do within fourteen days' warning: And if urgent necessity
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so required, upon a shorter notice, giving sufficient grounds
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for it to the deputies when they meet, or else be questioned
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for the same; And if the Governor and major part of Magistr-
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ates shall either neglect or refuse to call the two General
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standing Courts or either of them, as also at other times
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when the occasions of the Commonwealth require, the Freemen
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thereof, or the major part of them, shall petition to them so
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to do; if then it be either denied or neglected, the said
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Freemen, or the major part of them, shall have the power to
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give order to the Constables of the several Towns to do the
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same, and so may meet together, and choose to themselves a
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Moderator, and may proceed to do any act of power which any
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other General Courts may.
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7. It is Ordered, sentenced, and decreed, that after there are
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warrants given out for any of the said General Courts, the
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Constable or Constables of each Town, shall forthwith give
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notice distinctly to the inhabitants of the same, in some
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public assembly or by going or sending from house to house,
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that at a place and time by him or them limited and set, they
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meet and assemble themselves together to elect and choose
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certain deputies to be at the General Court then following to
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agitate the affairs of the Commonwealth; which said deputies
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shall be chosen by all that are admitted Inhabitants in the
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several Towns and have taken the oath of fidelity; provided
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that none be chosen a Deputy for any General Court which is
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not a Freeman of this Commonwealth.
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The aforesaid deputies shall be chosen in manner following: every
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person that is present and qualified as before expressed, shall bring
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the names of such, written in several papers, as they desire to have
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chosen for that employment, and these three or four, more or less,
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being the number agreed on to be chosen for that time, that have the
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greatest number of papers written for them shall be deputies for that
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Court; whose names shall be endorsed on the back side of the warrant
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and returned into the Court, with the Constable or Constables' hand
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unto the same.
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8. It is Ordered, sentenced, and decreed, that Windsor, Hart-
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ford, and Wethersfield shall have power, each Town, to send
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four of their Freemen as their deputies to every General
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Court; and Whatsoever other Town shall be hereafter added to
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this Jurisdiction, they shall send so many deputies as the
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Court shall judge meet, a reasonable proportion to the number
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of Freemen that are in the said Towns being to be attended
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therein; which deputies shall have the power of the whole
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Town to give their votes and allowance to all such laws and
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orders as may be for the public good, and unto which the said
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Towns are to be bound.
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9. It is Ordered, sentenced, and decreed, that the deputies thus
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chosen shall have power and liberty to appoint a time and a
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place of meeting together before any General Court, to advise
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and consult of all such things as may concern the good of the
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public, as also to examine their own Elections, whether
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according to the order, and if they or the greatest part of
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them find any election to be illegal they may seclude such
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for present from their meeting, and return the same and their
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reasons to the Court; and if it be proved true, the Court may
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fine the party or parties so intruding, and the Town, if they
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see cause, and give out a warrant to go to a new election in
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a legal way, either in part or in whole. Also the said
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deputies shall have power to fine any that shall be disorder-
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ly at their meetings, or for not coming in due time or place
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according to appointment; and they may return the said fines
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into the Court if it be refused to be paid, and the Treasurer
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to take notice of it, and to escheat or levy the same as he
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does other fines.
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10. It is Ordered, sentenced, and decreed, that every General
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Court, except such as through neglect of the Governor and the
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greatest part of the Magistrates the Freemen themselves do
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call, shall consist of the Governor, or some one chosen to
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moderate the Court, and four other Magistrates at least, with
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the major part of the deputies of the several Towns legally
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chosen; and in case the Freemen, or major part of them,
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through neglect or refusal of the Governor and major part of
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the Magistrates, shall call a Court, it shall consist of the
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major part of Freemen that are present or their deputiues,
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with a Moderator chosen by them: In which said General
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Courts shall consist the supreme power of the Commonwealth,
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and they only shall have power to make laws or repeal them,
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to grant levies, to admit of Freemen, dispose of lands
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undisposed of, to several Towns or persons, and also shall
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have power to call either Court or Magistrate or any other
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person whatsoever into question for any misdemeanor, and may
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for just causes displace or deal otherwise according to the
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nature of the offense; and also may deal in any other matter
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that concerns the good of this Commonwealth, except election
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of Magistrates, which shall be done by the whole body of
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Freemen.
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In which Court the Governor or Moderator shall have power to order the
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Court, to give liberty of speech, and silence unseasonable and disor-
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derly speakings, to put all things to vote, and in case the vote be
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equal to have the casting voice. But none of these Courts shall be
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adjourned or dissolved without the consent of the major part of the
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Court.
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11. It is Ordered, sentenced, and decreed, that when any General
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Court upon the occasions of the Commonwealth have agreed upon
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any sum, or sums of money to be levied upon the several Towns
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within this Jurisdiction, that a committee be chosen to set
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out and appoint what shall be the proportion of every Town to
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pay of the said levy, provided the committee be made up of an
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equal number out of each Town.
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14th January 1639 the 11 Orders above said are voted.
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------------------------------------
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The Fundamental Orders OF 1639 are often credited as being the first
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written Constitution in the new world. However, see also the Iroquois
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Constitution and the Mayflower Compact of earlier times.
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------------------------------------
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Prepared by Gerald Murphy (The Cleveland Free-Net - aa300)
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