CT HISTORY - CONSTITUTION OF 1638

On January 14, 1638, Connecticut adopted a constitution, often referred to as “The Fundamental Orders” and the First Constitution of Connecticut.  The original document is on display  at the Museum of Connecticut History in Hartford. https://museumofcthistory.org.

            Goshen News is serializing this document. Part 1 appeared in Goshen News’s Volume 1, Third Edition. Some spellings are naturally archaic because they were adopted from Old English. Note the differences in spelling in Colonial Times from how we spell words today. Some words have double letters (for example: “uppon”) or have the letter “e” added to the end (for example: “yeare”). Also note differences in punction styles, such as a space before a colon, the excessive use of commas, and run on sentences.

            Religion played a key role in the founding of Connecticut and drafting The Fundamental Orders. It was believed that god required it. Thomas Hooker, called “the Father of Connecticut,” was a well-respected community leader and minister in New England and Connecticut who wrote extensively on Christian topics.  If he was not the or one of the authors of The Fundamental Orders his religious background and teachings were an inspiration for it. 

            The Fundamental Orders have features of a written constitution and are considered to be the first written Constitution in the Western tradition. Connecticut’s nickname is The Constitution State. For example, nowhere did it mention a king or a sovereign. And nowhere did it refer to any power outside of Connecticut. It also spells out individual rights and provides that all free men elect their representatives using paper ballots.

            Other documents are arguably the first written constitution: the Mayflower Compact and Bohemian Confederacy of Prague. 

2. It is ordered, sentenced, and decreed, That the Election of the aforesaid magistrate shall be on this manner ; every person present and qualified for choyce, shall bring in (to the persons deputed[1] to receive them) one single paper, with the name of him written in it whom he desires to have Governor, and hee that hath the greatest number of papers shall be Governor for that yeare : And the rest of the Magistrates or publique officers, to be chosen in this manner ; the Secretary for the time being, shall first read the names of all that are to bee put to choyce, and then shall severally nominate them distinctly, and every one that would have the person nominated to bee chosen, shall bring in one single paper written uppon, and hee that would not have him chosen, shall bring in a blanke, and every one that hath more written apers than blanks, shall bee a magistrate for that yeare, which papers shall be received and told by one or more that shall bee chosen, by the Courte, and sworn to bee faithful therein ; but in case there should not bee six persons as aforesaid, besides the Governor, out of those which are nominated, then bee  or they which have the most written papers, shall be a Magistrate or Magistrates for the ensuing yeare, 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 bee chosen newly into the Magistracy, which was not propounded in some Generall Courte before, to be nominated the next election : And to that end, it shall be lawfull of each of the Townes aforesaid, by theire Deputies, to nominate any two whoe they conceive fit to be put to election, and the Courte may add so many more as they judge requisite.

4. It is ordered, sentenced, and decreed, That no person be chosen [illegible] above once in two years, and that the Governor bee always a member of some approved congregation, and formerly of the magistracy , within this Jurisdiction, and all the Magistrates, Freemen of this Commonwealth ; and that no Magistrate or other publique Officer, shall execute any parte of his or theire office before they are severally sworne, which shall bee done in the face of the Courte, if they bee present, 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 several Townes shall send theire Deputyes, and when the Elections are ended they may proceed in any publique service, as at other Courtes ; also, the other Generall Courte in September, shall bee for making lawes and any other publique occassion, which concerns the good of the Commonwealth.