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43. Fundamental Orders of Connecticut, January 14, 1639
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Origins_201-250.indd 210 2/17/12 6:35 PM 43 Fundamental Orders of Connecticut Along with the Pilgrim Code ofLaw [20} and the FundamentaiArticles ofNew Haven [46}, this document is a candidate for being the earliest written constitution in America. It describes itselfinternally as a "combination"and "confederation," although one could with equal truth call it a compact. It should be noted that this document, as well as the Pilgrim Code ofLaw, prominently displays oathsfor officeholders as an essentialpart ofthe agreement , which underscores the importance of the other oaths for establishinggovernment (see, for example, documents 4, 9, rs, r6, 47, and 6s). In r662 the king signed a new charter for the combined colonies ofConnecticut and New Haven that essentially ratified the political system defined here. In r776 the people of Connecticut adopted the charter as their new state constitution after removing ref erences to the king. The I776 constitution was replaced in r8r6, which means that the Fundamental Orders ofConnecticut e./fictively served as a constitution for I77 years. Like many ofthe colonialfounding compacts and constitutions, the Fundamental Orders ofConnecticut was not written in as orderly a manner as we would expect in modern documents. The reader must carefUlly consider the entire document , because institutions described toward the beginning ofthe document often have important components described later. As was usually the case with colonial constitutions, this document creates a federalpolitical system. 210 Origins_201-250.indd 211 2/17/12 6:35 PM Fundamental Orders ofConnecticut FORASMUCH as it hath pleased the Allmighty God by the wise disposition ofhis diuyne1 pruidence so to Order and dispose of things that we the Inhabitants and Residents ofWindsor, Harteford and Wethersfield are now cohabiting and dwelling in and vppon the River of Conectecotte and the Lands thereunto adioyneing; and Well knowning where a people are gathered togather the word ofGod 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 ofthe affayres ofthe people at all seasons as occation shall require; doe therefore assotiate and conioyne our selues to be as one Publike State or Commonwelth; 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 o[u]r CieuelJ2 Affaires to be guided and gouerned according to such Lawes, Rules, Orders and decrees as shall be made, ordered & decreed, as followeth :r . It is Ordered, sentenced and decreed, that there shall be yerely rwo general ! Assemblies or Courts, the [first] 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[m] 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 ofthe word ofGod, 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 been admitted Inhabitants by the major prt of the Towne wherein they liue,) or the mayor prte ofsuch 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 r. In this document, as in others, the letters u and v are often interchanged. Divine is here effectively rendered divyne. The letters i and j are likewise often interchanged. 2. Civil. 2II [54.144.95.36] Project MUSE (2024-03-29 02:30 GMT) Origins_201-250.indd 212 2/17/12 6:36 PM CONNECTICUT choyse shall bring in (to the prsons deputed to receaue them) one single papr wth the name of him written in yt whome he desires to haue Gouernour...