The Fundamental Orders, inspired by Thomas Hooker’s sermon of May 31, 1638, provided the framework for the government of the Connecticut colony from 1639 to 1662.
For two years before the adoption of the Fundamental Orders, Windsor, Hartford and Wethersfield cooperated under a simple form of government composed of magistrates and representatives from each town, but the towns had no formal instrument of government. Roger Ludlow of Windsor, the only trained lawyer in the colony, probably drafted the Fundamental Orders, although he may have been assisted by Hartford residents John Haynes [a former Governor of the Massachusetts Bay Colony], Edward Hopkins, and John Steel. The document consisted of a preamble and 11 orders or laws. The preamble was a covenant which bound the three towns to be governed in all civil matters by the Orders. The preamble, then, was a civil equivalent of a church covenant. [The model of the Biblical covenant served as the foundation for all Puritan organizations.] The Connecticut General Court adopted the Fundamental Orders on January 14, 1639. [The colonists did not follow current conventions for marking a year and, thus, the date on the document itself is listed as 1638.]
General Court held Legislative, Executive, Judicial, and Administrative Authority
The 11 orders clearly followed the Massachusetts government model and were consistent with 17th-century trading company charters. The Orders called for the convening of general courts every April and September. At the April Court of Election, a governor and six magistrates were to be chosen. No man could serve as governor more than once every two years, a restriction that lasted until 1660. To prevent hasty, ill-considered choices, nominations for election were made at the September General Court by the deputies from each town. The governor and magistrates, who composed the nucleus for an Upper House, were to be elected by the freemen at the Court of Election. The other Orders prescribed regulations for nomination and election and set forth conditions for calling the General Court into special session. No religious test was established for voting, the Orders omitted all reference to the authority of the crown, and the General Court was given supreme authority over the towns and their inhabitants. The General Court was authorized to adopt and repeal laws, impose taxes, distribute land, apprehend and punish people for misdemeanors, and enact legislation to promote the general good. The General Court was granted, then, all legislative, executive, judicial, and administrative authority. The right to elect deputies and magistrates was, however, reserved to the freemen.
The matter of whether the Fundamental Orders of Connecticut should be considered a constitution in the modern sense, let alone honored as the first written constitution [as was once claimed], remains a matter of debate. Nevertheless, they served as the basis for government in Connecticut until 1662. They are also the reason why, in 1959, the General Assembly officially designated Connecticut as “the Constitution State.”
By Bruce P. Stark; excerpted from Connecticut History and Culture: an Historical Overview and Resource Guide for Teachers [1985], edited by David Roth.
Any discussion regarding the ideas used to create the US Constitution often begin with the Fundamental Orders of Connecticut. As what is arguably the first written constitution in the Western world, the Fundamental Orders served as a model, first for other state constitutions, and then eventually for the nation. Relying largely on a philosophy promoted by Hartford founder, the Rev. Thomas Hooker, the Fundamental Orders of Connecticut supported rule through “the consent of the governed.” The concept made such an impression on Thomas Jefferson that the Virginian inserted those words in the Declaration of Independence.
The Fundamental Orders
After creating a General Court in 1637 to rule over Hartford, Windsor, and Wethersfield, political leaders agreed the framework for their government needed to be written and approved by representatives of the people. Adopted in January 1639, the Fundamental Orders of Connecticut stated the powers and limits of government. The preamble of the Fundamental Orders officially formed a confederation under the guidance of God—standing in stark contrast to today’s ideas about the separation of church and state. Some 11 orders followed, ranging from setting rules for scheduling meetings and holding elections by free men using secret ballots to giving the governor and the six elected magistrates “power to administer justice according to the laws here established” in the General Court. In addition, the Fundamental Orders required each town to elect four “deputies” to create a legislative branch. The last of the decrees gave the emerging colony the power to tax.
John Morrison teaches US history at Moran Middle School in Wallingford, is a participant in the Teaching American History program of the US Department of Education, and a Civil War re-enactor with Company F 14th Connecticut Volunteer Regiment. He holds a BA from New England College as well as an MA and Sixth Year Professional Diploma from Southern Connecticut State University.
Learn More
Places
Museum of Connecticut History, Connecticut State Library. “Exhibit: Liberties & Legends,” 2016. Link.
Documents
Yale Law School. “The Avalon Project: Fundamental Orders of 1639,” 2016. Link.
Books
United States Constitution Bicentennial Commission of Connecticut, and Connecticut Humanities Council. “Charter of 1662: English Colony to Independent State [1662-1818].” In 350 Years of Connecticut Government. a Search for the Common Good. Teacher’s Manual, pgs. 75-107. Hartford, CT: Connecticut Consortium for Law-Related Education, 1991.
United States Constitution Bicentennial Commission of Connecticut, and Connecticut Humanities Council. “The Fundamental Orders: The Founding of Connecticut and the Emergence of Self-Government.” In 350 Years of Connecticut Government. a Search for the Common Good. Teacher’s Manual, pgs. 47-69. Hartford, CT: Connecticut Consortium for Law-Related Education, 1991.
United States Constitution Bicentennial Commission of Connecticut, and Connecticut Humanities Council. “Why Government?” In 350 Years of Connecticut Government. a Search for the Common Good. Teacher’s Manual, pgs. 1-41. Hartford, CT: Connecticut Consortium for Law-Related Education, 1991.
Articles
Hartford Courant [1887-1922]. “Connecticut’s Constitution: The Work of the Early Settlers -Two Hundred and Fifty Years of Good Government.” January 22, 1889, sec. ProQuest - Hartford Courant Historical Newspaper database - Available through requestITCT.org.
Hartford Courant [1887-1922]. “Two Precious Pamphlets.” July 20, 1914, sec. ProQuest - Hartford Courant Historical Newspaper database - Available through requestITCT.org.
After his arrival in Jamestown in 1619, Governor George Yeardley immediately gave notice that the Virginia colony would establish a legislative assembly. This assembly, the General Assembly, first met on July 30, 1619.
Although many differences separated Spain and France from England, perhaps the factor that contributed most to distinct paths of colonization was the form of their government.
Spain and France had absolute monarchies, but Britain had a limited monarchy. In New France and New Spain, all authority flowed from the Crown to the settlers, with no input from below.
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An absolute monarchy is a state in which the monarch has sovereign power and controls all aspects of government without being checked by any representative assemblies.
A limited or constitutional monarchy is a state in which the power of the monarch is checked by other constitutionally sanctioned institutions, such as a representative assembly [e.g., the British Parliament].
The English kings who ruled the 13 original colonies reserved the right to decide the fate of their colonies as well, but not alone. The colonists drew upon their claims to traditional English rights and insisted on raising their own representative assemblies. Such was the case with the Virginia House of Burgesses, the first popularly elected legislative body in the New World.
The Magna Carta
The General Assembly [which later established the House of Burgesses], the first legislative assembly in the American colonies, held its first meeting in the choir at Jamestown Church in the summer of 1619. Its first order of business: setting a minimum price for the sale of tobacco.
English landowners had insisted on meeting with their leaders for consultation in local matters ever since the Magna Carta was signed in 1215. Virginia settlers expected that same right.
Modeled after the English Parliament, the General Assembly was established in 1619. In 1643 it became a bicameral body, establishing the House of Burgesses as one of its two chambers. Members would meet at least once a year with their royal governor to decide local laws and determine local taxation.
House of Burgesses
In April, 1619, Governor George Yeardley arrived in Virginia from England and announced that the Virginia Company had voted to abolish martial law and create a legislative assembly, known as the General Assembly — the first legislative assembly in the American colonies. The General Assembly first met on July 30, 1619, in the church at Jamestown. Present were Governor Yeardley, Council, and 22 burgesses representing 11 plantations [or settlements] Burgesses were elected representatives. Only white men who owned a specific amount of property were eligible to vote for Burgesses. In 1643, the General Assembly became a bicameral body, establishing the democratically-elected House of Burgesses as its lower house, while the royally-appointed Council of State served as the upper house of the legislature.
King James I, a believer in the divine right of monarchs, attempted to dissolve the assembly, but the Virginians would have none of it. They continued to meet on a yearly basis to decide local matters.
Democracy in Practice
What is the importance of a small legislative body formed so long ago? The tradition established by the House of Burgesses was extremely important to colonial development. Each new English colony demanded its own legislature in turn.
Historians often ponder why the American Revolution was successful. The French, Russian, and Chinese Revolutions each ended with a rise to power of a leader more autocratic than the pre-revolutionary monarch.
But starting with the Virginia General Assembly, Americans had 157 years to practice democracy. By the time of the Declaration of Independence, they were quite good at it.
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James I
James I ruled England from 1603 to 1625 and fiercely believed in the divine right of kings, which was rejected by both Parliament and the Virginia Company colonists who formed the House of Burgesses. This Britannia website provides a brief biography of James I.
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Magna Carta
When Winston Churchill stated, "[H]ere is a law which is above the King," he was speaking of the Magna Carta. Colonists strongly believed that their rights and freedom as Englishmen lay in the Magna Carta. This website from the National Archives and Records administration offers a detailed history of this document as well as a link to a translation of the 1297 version.
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The First Legislative Assembly at Jamestown
The settlers of Jamestown, Virginia, recognized the unique situation and opportunity that lay before them in the early years of the 17th century. In 1619, 22 burgesses and Governor George Yeardley took part in the first legislative assembly of the American colonies. Their creation of the House of Burgesses later inspired the American Revolution and the subsequent creation of the United States. This website from the Colonial National Historical Park presents the people involved and the laws passed during this momentous event.
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Colonial History of Virginia: Formation of Government
Although Massachusetts and Pennsylvania often receive much of the credit for colonial and revolutionary politics and government, the United States owes a debt of gratitude to Virginia and the first legislative assembly, the House of Burgesses. This independent website examines the history of Virginia government and its role in American politics.
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An Ordinance and Constitution of the General Assembly, 1621
Although the House of Burgesses first convened in 1619, the measures taken by the assembly were worthless until ratified by the Virginia Company, the stockholders of the colony. Virginia was granted a written constitution in 1621 that ratified the actions of the General Assembly [House of Burgesses]. The constitution also included an important provision that prohibited the Virginia Company from passing any laws without the approval of the Assembly. The primary document "An Ordinance and Constitution of the Virginia Company in England, July 24, 1621" is presented at this Yale University website.
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Burgesses of Prince William County
How were burgesses elected? Who constituted a citizen in colonial Virginia? This Prince William County website answers these questions and delves into the history of Virginia politics. Special attention is given to the Prince William representatives to the House of Burgesses.
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John Pory, "A Reporte of the Manner of Proceeding in the General Assembly Convented at James City"
As Secretary of Governor George Yeardley's Council of Estate, John Pory was responsible for recording the minutes of the first meeting of the House of Burgesses. His records, including the proceedings of the first Virginia Assembly in 1619, are part of the Library of Congress's Thomas Jefferson Papers collection. This website provides many letters and documents from this era, including John Pory's "A Reporte of the Manner of Proceeding in the General Assembly Convented at James City," which provides a unique perspective on this historical event.
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Why were the Mayflower Compact and the House of Burgesses important?
The Mayflower Compact of 1620-a governing plan for the Massachusetts colony-followed the Greek traditions of direct democracy and majority agreement in making laws. The House of Burgesses influenced the founders to establish a representative system of government that met to debate issues, make laws, and pass taxes.
What was the significance of the Mayflower Compact and the Fundamental Orders of Connecticut?
Whereas the Mayflower Compact was a general statement in favor of majority rule and government in the interest of the common welfare, the Fundamental Orders set up a detailed scheme of government in which the sovereign power rested with the freemen.