“For as much as it hath pleased the 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 Weathersfield, are now dwelling in and uppon the
river of Conneticut, and the lands thereunto adjoining; and
well knowing, when a people are gathered together, the word
of God requires, that, to the maintienence of the peace and
union of such a people there should bee an orderly and decent
government established, according to God, to order and dispose
of the affaires of the people at all seasons, as occasions shall
require; doe therefore associate and conjoine ourselves to bee
as one publique State or Commonwealth; and doe for ourselves and
our successors, and such as shall be adjoined to us at any time
hereafter, enter into combination, and confederation together, to
meinteine and preserve libberty, and the purity of the gospell of
our Lord Jesus, which we now profess; as also the discipline of
the churches which, according to the truth of said gospell is now
practiced amongst us, as allso in all our civil affaires to be
guided, and governed according to such lawes, rules, orders and
decrees, as shall bee made, ordered, and decreed, as followeth.”
Then follows the constitution in eleven well considered sections, making
provision for the three departments—legislative, judicial and executive.
We freely confess our admiration of this wonderful document, but can not,
for want of room, print it. This is the less necessary as it evidently
formed the basis of the charter of 1662, and its leading provisions
have been copied, with some modifications, into the constitutions of
the several States, and of the United States. As the first written
constitution formed for and adopted by a free people, for their own
government, it is a marvel of excellence. Written without a model, it
asserts for its authors a more comprehensive and thorough statesmanship
than is usually attributed to the leaders in colonial politics at that
early day.
The most peculiar feature of their civil polity was that only the
righteous were to be in authority, and all power was vested in members
of the church; and the conservative influence of religion variously
confessed. The church and state were separate, yet, not inconsistently,
we find an article headed:
“MAINTENANCE OF MINISTRY.”
“Whereas, the most considerable persons in the land came to
these parts of America, that they might enjoye Christe, in his
ordinances without disturbance; and whereas, amongst many other
precious meanes, the ordinances have beene and are dispensed
amongst us with much purity and power, they took it into their
serious consideration that a due maintenance might bee provided,
and settled, both for the present and the future, for the
encouragement of the minister’s worke therein; and doe order that
those who are taught in the Word, in the several plantations, bee
called together, that evry man voluntarily sett downe what hee is
willing to allow to that end and use; and if any man refuse to
pay a meete proportion, that then hee bee rated by authority, in
some just and equall way; and if after this any man withhold, or
delay due payment, the civil power bee exercised as in other just
debts.”
The “Capitall Lawes” were severe, and the executive officers a terror to
evil-doers. The death penalty was denounced against criminals convicted
of either of fourteen different offenses. The burglar for the third
offense lost his life.
1. “If any man after legall conviction shall have or worship any
other god but the Lord God, hee shall bee put to death.”—Deut.
13:6, 17:2.
2. “If any man or woman bee a witch, that is, hath or consulteth
with a familliar spiritt, they shall bee put to death.”—Exodus
22:18; Levit. 20:27.
3. “If any person shall blaspheme the name of God, the Father,
Sonne or Holy Ghost, with direct, express, presumptuous or
high-handed blasphemy, or shall curse, in like manner, hee shall
bee put to death.”
4. “If any man shall commit any willful murder—which is
manslaughter commited from hatred, malice or cruelty—not in a
man’s just and necessary defense, nor by mere casualty against
his will, hee shall bee put to death.”
8. “If any person committeth adultery with a married or espoused
wife, the adulterer and adulteress shall surely bee put to death.”
12. “If any man shall conspire or attempt any invasion,
insurrection or rebellion against the Commonwealth hee shall bee
put to death.”
The laws were specially severe against the social evil, and the homes
of the colonists guarded not only against the crimes, but against all
dalliance with evil, and imprudent conduct that might weaken the family
bonds. The purity and bliss of the home might not be endangered with
impunity, and the wayward were punished with wholesome severity. Here
is a court record: “Martha Malbon, for consenting to goe to the farms
with Will Harding at night, to a venison feast, and … for dalliance with
said Harding was whiped.” How it fared with Will we are not told, but
presume there was safety for him only in exile, as there was no marked
discrimination in favor of his sex at that time. As connected with this
case it is further recorded that “Goodman Hunt and his wife for keeping
the councells of said William Harding, baking him a pastry and plum
cakes, and keeping company with him on the Lord’s day, and she suffering
Harding to kisse her, they being only admited to sojourn in this
plantation on their good behavior, ordered to be sent out of this towne
within one month after the date hereof; yea, in a shorter time, if any
miscarriage be found in them.—December 3, 1651.” On another page I find
it recorded that “Will Harding _was_ sentenced to be _severely_ whipped,
fined £10, and presently to depart the plantation, and not retourne under
the penalty of severer punishment.”