CONSTITUTION OF 1638.

“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.”

The Chautauquan, Vol. 04, December 1883 · 第 56 / 187 题