Connecticut Historical Collections

"8. It is ordered, sentenced, and decreed, That Wyndsor, Hartford and Wealhers- feild, shall liave power, each Towne, to send foure of theire Freemen as iheire Depu- tyes, to every Geneiall Courte, and whalsoe\'er other To\\'nes shall bee herealter added to this JurisMliction, they shall send so many Depulyes, as the Courte shall judf,'e meete: a reasonable proportion to tlie number of Freemen, that are in the said Towns, being to bee attended therein; which Dejiutyes shall have the power of the whole Towne, to give iheire voates and allowance to all such lawes and orders, as may bee for the publique good, and unto which the said 'J'owns are to bee bound: And it is allso ordered, that if any Depulyes shall bee absent uppon such occassions, as the Governor for the time being, shall approve of, or by the Providence of God, shall decease this life wiihin the adjoiirnmcni of any Courte, that it shall bee at the hbberiye of the Governor to send forth a wairant, in such case, for supi)ly thereof up- pon reasonable warning. " 'J. // (5 iirden'd, n: iitenced , and decreed, That the Depntyes thus chosen, shall have power and lib!" ny, lo app.iini a lime ami [ilace ul mceiing together, befoie any Gen- eral! Courle, tu advibc ami ciinsullc nl all such ihingcs as may concerne the good of the publii)ue; as allso lo examine iheire owne Elections, whether according lo the order; and if ihey or the greatest parte of ihein, linde any electiuii to be illegall, they may seclude su(di for present, from theire meclmge, and relume the same and iheire reasons to the fUuirle; and if it proove true, the Courte may fyne the party or pariyes so intruding, and the 'I'owne if tiiey see cause, and give out a warrant to goe to a new election in a legall way, either in parte or in whole. Allso the said Dcputyes shall liave i)i)wer to I'yne any that .shall bee disorderly at theiie meeting, or for not coming in due lime or jilace, according lo appointment, ami ihey may relurne the said fyne inio the Courle, if it bee refused lo bee pfiid, and the 'I'reasurer to lake notice of it, and to eslreite or levye as hee doth other lynes. " 10. // is ordered, sentenced, and decreed, That every gcnerall Courte, (except such as through neglect of the Governor and the greatest parte of Magistrates, the Free- men themselves doe call,) shall cimsisle of the (governor or some one chosen lo mode- rule the Cuurle, and Ibure other Alagisirales at least, with the major parte of the JJepu- lyes of the several Towns legally chosen, and in case the Freemen or the major parte of lliein, through neglect or refusall of the Governor and major parte ot the Magis- Iralcs, shall call a Courte, it shall consisle of the major p-^rte of Freemen, that are present, or iheir Depuiyes, with a moderator chosen by them, in which said Generali (/'imrii, shall consisle the Supninc power of the Connnon wealth, and they onely shall have power tu make lawes and repcale ihein, to graunt levyes, to admilt of Freemen, dispose Lif hiiiils niidi-p'isiil (d', to sevei all Tow lis or persons ; and allso, shall have p«>ucr M call ciiln'i C.ume or .M.igi^-liale, or tiny other person whatsoever into ques- liori for liny misdeim.-anor, and may fur such cause, displace, ordeale otherwise, ac- cordmi; tut'lie nainietd'ihe oll'ent c; and all.n) may tleale in any olher mailer ihal con- ^crne^ the j:""d i>f thi.s Commonwealth, except eleriion uf Alagisiiaies, which shall <>ec done by the whole body (d' Fireemcn ; in which (auirts the Governor or Modera- tor shall ha\'e the ))ower lo (Uiler the Courle, lo give libberiye of Speech, and silence unreasonable ami disonlerly s(ie:iking, to put all ihings lo voate, and in case the voale bee eqiiall, to have the casting voice: Bui none of these Courts shall bee adjourned or dissolved without the consent of tlie major parte of the Courte. Provided, notwith- smnding, that the Govern(n- or Deputy Governor, with two Magistrates, shall have power to ki.'e|)e a Periicular Cuuile according lo the lawes established : And in case tlie Goveinor or De))nly Governor bee absent, or some way or other incapable either to silt or lo bee present; if three Magistrates meete and chuse one of Uiemselves to bee a Moilerator, they may keepe a Periicular Courte, which to all ends and purposes shall bee deemed as legall as ihough the Governor or Deputy did silt in Courte. •' 11. It is ordered, sentenced, inid decreed, That when any Generali Courte, uppon the occassions of the Cominonweallh, have agreed uppon any summ or summs of monye, to be Icvyed upon the severall Townes wiihin this Juris.sdiciion, thai a Co- niittei" bee chosen, lo sett out and appoint, what shall bee the proportion of every 'I'owne lo pay of the said h-vye; Provided the Comiliee bee made up of an cquail number out of each Towne."* ♦ The eleven preceding sections were " voaled" or enacted at a General Court, held .Ian. 1 lih, lliiW; and ihe iHovisu.n following was added at the revision in 1(150. This Coiisiitutioi) was c(.ipii'd lioia ihe oiiginal lecoids m ilic Secretary of Stale's ollice: the ancient oiihogiaphv is retained, h'or this, the aiiihor is indebted to a compilation of the earliest lawsj ike', m Connecticut, published by Mr. Andrus of Hartford in 1830. 1 G O U T I- I N K It I S T O R Y . "Flbiasmiicli as llie free fruilion of biK)i libhurlios, ininninities, priviled'^es, as hn- manilv, civility and Chri^iiaiiity call for, us (iiie to evciy inau in his place and pro- portion, witliDiit inipciicliinent and infrinL'einent, hall) ever heene and ever uill bee the tran(pnlliiy and .subillity of Cluirche-i^ind Coniinoiiwealthb; and the denyall or deprivall thereof, the diMui I'ance, if not mine of both; '• 1-i. II is tlicrcjiire urdcicd by this Cuu/lc, and autkufihi thereof. That no man's life shall bee (alien au'iiy; no man's honor or f^'ood name shall bee stained; no man's per- son shall bee arrested, jestreined, bannished, dismembred, nor any way punnished ; no man shall bee deprived of his wife or children; no man's goods or estates shall bee taken away from htm nor any ways indatnmat(eil, under colour of law, or countenance of aulhorilv; unless it bee by Ihe verlue or equity of some express law of the Country warranting the same, established by a Lienerall Courie and sufficiently published, ur in case of the delect of a law, in any pellicular ease, by the word of God." Agreeable to the Constitution, the freemen convened at Hartford on the second Thursday in April, 1639, and elected their officers for the year ensuing. John Hayni:s, Esq. was chosen Governor ; Roger Lud- low, George Wyllys, Edward Hopkins, Thomas Welles, John Webster, and \ViIliam Phelps, Esquires, were chosen Magistrates. Mr. Ludlow, the (irst of the six magistrates, was De|)uty Governor. ]\Ir. Hopkins was chosen Secretary, and jMr. Welles, Treasurer. The names of the deputies sent to this first gei^eral assembly, were Mr. John Steele, iMr. Spencer, Mr, John Pratt, Mr. Edwanl Stebbins, Mr. Gaylord, .Air, Henry Wolcott, Mj'. Stoughton, ]Mr. Ford, iNIi-. Thurston ]-iayner, ]Mr. James Boosy, INIr. George Hubbard, and iMr. Richard Crab. This year, an adjourned General Assembly incorporated the several towns ill the colony, and vested them with power to transact their own affairs. It was enacted, that they should choose, from among them- selves, three, five, or seven men, to be a court for each town. This court was appointed to sit once in two months, and determine all mat- ters of trespass or del)t not exceeding forty shillings. It was also or- dained that every town should keep a public ledger, in which deeds, mortgages, &:c. should be put on recortl. This was the origin of town privileges in Connecticut. JJesides the courts in each town, there was a coint of magistrates which hrUl its session once in three months. This coiu-t appeared to possess :\11 the authority and did all the business, wliicli is now performeil by the Coimty and Superior Courts. In 16 12, the capital laws of Connecticut were nearly completed and put on record. The several passages on which they were founded, were particularly noticed in the statute. They were twelve in nmnber ; two more were added at a subsequent period. The follo\ving is a copy of these laws, excepting four which relate to unchasiity. "UAinTALL LAWI^S. '■ 1. If any man afier Irs-all conviction, shall have or worship any other God but the l.oid Go.l, hrc shiill bre put to death. Deui. 13.6.— 17. '2.— K.x'odns 'J-2^ 20. "2. If any iii:in ui womin bee a Witch, that is, halh or consiilteth with a familliar spirriit.ihey Nhall bi' put lod. aih. ILxodus 22. IS.-Levil. 20. 27.— Dent. 18.10, II. ":i. If ai)\' [i.Tsdii shall bias), heme ihe name of God the flaiher, Sonne or holy Gli.isi, \Mi!, '.lirert, ,N|ii,->, iiieMihipnioiis or hi^hhandrd blasphemv, or shall cuise in the like maimn, l,r.. shall !„■,■ |,iii h, ,l,.afh. Lev. 21. l,'), If.. '•I. It' any |)r|s,,ii s||,,|i r,,iuiiiiit .any willfull innrther, which is manslanjjliter com- mitted Mppoii malice, hatred or iTiK-liv, not in a man's neeessarv and jnsi defema-. nor by in.Te easiiahv aeaii.st his will, h.-'^ shall be put to death. Kxodus21. 12, Hi, 11 — Numb. ;'.5. ;!i), :!i. "5. If any pei'^on shall ;;lnv another through guile, either by poisonings or other such nevellisli practi'a', hee shall bee put to death. Exo. 21. 11.'" O U T L I N K H I S T O Jl Y . 17 " 10. If any man slealelh a man oi mankiiKle, hee liliull bee put lu death. Exodus, 21. It;. " 11. If any man rise up by false wiiluess, wittingly and of purpose to take away any man's> life, hee shall bee put tu death. Deut. I'J. IG, 18, I'J. "12. If any man shall con^pi^e or attempt any invasion, insurrection or rebellion against the Commonwealth, hee shall bee put to death.