221 lines
12 KiB
Plaintext
221 lines
12 KiB
Plaintext
THE FUNDAMENTAL ORDERS OF 1639
|
||
|
||
|
||
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 Common-
|
||
wealth; 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 nomin-
|
||
ated 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 afore-
|
||
said 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 depu-
|
||
ties, 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 Magistr-
|
||
ates 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, Hart-
|
||
ford, 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 disorder-
|
||
ly 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 disor-
|
||
derly 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.
|
||
|
||
------------------------------------
|
||
|
||
The Fundamental Orders OF 1639 are often credited as being the first
|
||
written Constitution in the new world. However, see also the Iroquois
|
||
Constitution and the Mayflower Compact of earlier times.
|
||
|
||
------------------------------------
|
||
|
||
Prepared by Gerald Murphy (The Cleveland Free-Net - aa300)
|
||
|