Civil Government in the United States Considered with Some Reference to Its Origins Part 43

[Footnote 50: Compare clause 9 with Const.i.tution, Art. I. Section vi.

clause 1.]

[Footnote 51: Compare clause 10 with Amendment VIII.]

[Footnote 52: Compare clause 11 with Amendments VI. and VII.]

12. That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void.

13. And that for redress of all grievances, and for the amending, strengthening, and preserving of the laws, Parliament ought to be held frequently.

And they do claim, demand, and insist upon all and singular the premises, as their undoubted rights and liberties; and that no declarations, judgments, doings or proceedings, to the prejudice of the people in any of the said premises, ought in any wise to be drawn hereafter into consequence or example.

To which demand of their rights they are particularly encouraged by the declaration of his Highness the Prince of Orange, as being the only means for obtaining a full redress and remedy therein.

Having therefore an entire confidence that his said Highness the Prince of Orange will perfect the deliverance so far advanced by him, and will still preserve them from the violation of their rights, which they have here a.s.serted, and from all other attempts upon their religion, rights, and liberties:

II. The said Lords Spiritual and Temporal, and Commons, a.s.sembled at Westminster, do resolve, that William and Mary, Prince and Princess of Orange, be, and be declared, King and Queen of England, France, and Ireland, and the dominions thereunto belonging, to hold the crown and royal dignity of the said kingdoms and dominions to them the said Prince and Princess during their lives, and the life of the survivor of them; and that the sole and full exercise of the regal power be only in, and executed by, the said Prince of Orange, in the names of the said Prince and Princess, during their joint lives; and after their deceases, the said crown and royal dignity of the said kingdoms and dominions to be to the heirs of the body of the said Princess; and for default of such issue to the Princess Anne of Denmark, and the heirs of her body; and for default of such issue to the heirs of the body of the said Prince of Orange. And the Lords Spiritual and Temporal, and Commons, do pray the said Prince and Princess to accept the same accordingly.

The act goes on to declare that, their Majesties having accepted the crown upon these terms, the rights and liberties a.s.serted and claimed in the said declaration are the true, ancient, and indubitable rights and liberties of the people of this kingdom, and so shall be esteemed, allowed, adjudged, deemed, and taken to be, and that all and every the particulars aforesaid shall be firmly and strictly holden and observed, as they are expressed in the said declaration; and all officers and ministers whatsoever shall serve their Majesties and their successors according to the same in all times to come.

The act then declares that William and Mary are and of right ought to be King and Queen of England, etc.; and it goes on to regulate the succession after their deaths.

The pa.s.sing of the Bill of Rights in 1689 restored to the monarchy the character which it had lost under the Tudors and the Stuarts. The right of the people through its representatives to depose the King, to change the order of succession, and to set on the throne whom they would, was now established. All claim of divine right, or hereditary right independent of the law, was formally put an end to by the election of William and Mary. Since their day no English sovereign has been able to advance any claim to the crown save a claim which rested on a particular clause in a particular Act of Parliament. William, Mary, and Anne were sovereigns simply by virtue of the Bill of Rights.

George the First and his successors have been sovereigns solely by virtue of the Act of Settlement. An English monarch is now as much the creature of an Act of Parliament as the pettiest tax-gatherer in his realm.--_Green's Short History_, p. 673.

APPENDIX E.

THE FUNDAMENTAL ORDERS OF CONNECTICUT.

1638(9).

_The first written const.i.tution that created a government._

Forasmuch as it hath pleased the Allmighty G.o.d by the wise disposition of his diuyne pruidence so to Order and dispose of things that we the Inhabitants and Residents of Windsor, Harteford and Wethersfield are now cohabiting and dwelling in and vppon the River of Conectecotte and the Lands thereunto adioyneing; And well knowing where a people are gathered togather the word of G.o.d requires that to mayntayne the peace and vnion of such a people there should be an orderly and decent Gouerment established according to G.o.d, to order and dispose of the affayres of the people at all seasons as occation shall require; doe therefore a.s.sotiate and conioyne our selues to be as one Publike State or Comonwelth; and doe, for our selues and our Successors and such as shall be adioyned to vs att any tyme hereafter, enter into Combination and Confederation togather, to mayntayne and p'rsearue the liberty and purity of the gospell of our Lord Jesus w'ch we now p'rfesse, as also the disciplyne of the Churches, w'ch according to the truth of the said gospell is now practised amongst vs; As also in o'r Ciuell Affaires to be guided and gouerned according to such Lawes, Rules, Orders and decrees as shall be made, ordered & decreed, as followeth:--

1. It is Ordered, sentenced and decreed, that there shall be yerely two generall a.s.semblies or Courts, the one the second thursday in Aprill, the other the second thursday in September, following; the first shall be called the Courte of Election, wherein shall be yerely Chosen from tyme to tyme soe many Magestrats and other publike Officers as shall be found requisitte: Whereof one to be chosen Gouernour for the yeare ensueing and vntill another be chosen, and noe other Magestrate to be chosen for more than one yeare; p'ruided allwayes there be sixe chosen besids the Gouernour; w'ch being chosen and sworne according to an Oath recorded for that purpose shall haue power to administer iustice according to the Lawes here established, and for want thereof according to the rule of the word of G.o.d; w'ch choise shall be made by all that are admitted freemen and haue taken the Oath of Fidellity, and doe cohabitte w'thin this Jurisdiction, (hauing beene admitted Inhabitants by the maior p'rt of the Towne wherein they liue,) or the mayor p'rte of such as shall be then p'rsent.

2. It is Ordered, sentensed and decreed, that the Election of the aforesaid Magestrats shall be on this manner: euery p'rson p'rsent and quallified for choyse shall bring in (to the p'rsons deputed to receaue them) one single pap'r w'th the name of him written in yet whom he desires to haue Gouernour, and he that hath the greatest number of papers shall be Gouernor for that yeare. And the rest of the Magestrats or publike Officers to be chosen in this manner: The Secretary for the tyme being shall first read the names of all that are to be put to choise and then shall seuerally nominate them distinctly, and euery one that would hane the p'rson nominated to be chosen shall bring in one single paper written vppon, and he that would not haue him chosen shall bring in a blanke: and euery one that hath more written papers then blanks shall be a Magistrat for that yeare; w'ch papers shall be receaued and told by one or more that shall be then chosen by the court and sworne to be faythfull therein; but in case there should not be sixe chosen as aforesaid, besids the Gouernor, out of those w'ch are nominated, then he or they w'ch haue the most written pap'rs shall be a Magestrate or Magestrats for the ensueing yeare, to make vp the foresaid number.

3. It is Ordered, sentenced and decreed, that the Secretary shall not nominate any p'rson, nor shall any p'rson be chosen newly into the Magestracy w'ch was not p'rpownded in some Generall Courte before, to be nominated the next Election; and to that end yt shall be lawfull for ech of the Townes aforesaid by their deputyes to nominate any two whom they conceaue fitte to be put to election; and the Courte may ad so many more as they iudge requisitt.

4. It is Ordered, sentenced and decreed that noe p'rson be chosen

Gouernor aboue once in two yeares, and that the Gouernor be always a member of some approved congregation, and formerly of the Magestracy w'th this Jurisdiction; and all the Magestrats Freemen of this Comonwelth: and that no Magestrate or other publike officer shall execute any p'rte of his or their Office before they are seuerally sworne, w'ch shall be done in the face of the Courte if they be p'rsent, and in case of absence by some deputed for that purpose.

5. It is Ordered, sentenced and decreed, that to the aforesaid Conrte of Election the seu'rall Townes shall send their deputyes, and when the Elections are ended they may p'rceed in any publike searuice as at other Courts. Also the other Generall Courte in September shall be for makeing of lawes, and any other publike occation, w'ch conserns the good of the Comonwelth.

6. It is Ordered, sentenced and decreed, that the Gou'rnor shall, ether by himselfe or by the secretary, send out sumons to the Constables of eu'r Towne for the cauleing of these two standing Courts, on month at lest before their seu'rall tymes: And also if the Gou'rnor and the gretest p'rte of the Magestrats see cause vppon any spetiall occation to call a generall Courte, they may giue order to the secretary soe to doe w'thin fowerteene dayes warneing; and if vrgent necessity so require, vppon a shorter notice, giueing sufficient grownds for yt to the deputyes when they meete, or els be questioned for the same; And if the Gou'rnor and Mayor p'rte of Magestrats shall ether neglect or refuse to call the two Generall standing Courts or ether of them, as also at other tymes when the occations of the Comonwelth require, the Freemen thereof, or the Mayor p'rte of them, shall pet.i.tion to them soe to doe: if then yt be ether denyed or neglected the said Freemen or the Mayor p'rte of them shall haue power to giue order to the Constables of the seuerall Townes to doe the same, and so may meete togather, and ehuse to themselues a Moderator, and may p'rceed to do any Acte of power, w'ch any other Generall Courte may.

7. It is Ordered, sentenced and decreed that after there are warrants giuen out for any of the said Generall Courts, the Constable or Constables of ech Towne shall forthw'th give notice distinctly to the inhabitants of the same, in some Publike a.s.sembly or by goeing or sending from howse to howse, that at a place and tyme by him or them lymited and sett, they meet and a.s.semble the: selues togather to elect and chuse certen deputyes to be att the Generall Courte then following to agitate the afayres of the comonwelth; w'ch said Deputyes shall be chosen by all that are admitted Inhabitants in the seu'rall Townes and haue taken the oath of fidellity; p'ruided that non be chosen a Deputy for any Generall Courte w'ch is not a Freeman of this Comonwelth.

The foresaid deputyes shall be chosen in manner following: euery p'rson that is p'rsent and quallified as before exp'rssed, shall bring the names of such, written in seu'rrall papers, as they desire to haue chosen for that Imployment. and these 3 or 4, more or lesse, being the number agreed on to be chosen for that tyme, that haue greatest number of papers written for the: shall be deputyes for that Courte; whose names shall be endorsed on the backe side of the warrant and returned into the Courte, w'th the Constable or Constables hand vnto the same.

8. It is Ordered, sentenced and decreed, that Wyndsor, Hartford and Wethersfield shall haue power, ech Towne, to send fower of their freemen as deputyes to euery Generall Courte; and whatsoeuer other Townes shall be hereafter added to this Jurisdiction, they shall send so many deputyes as the Courte shall judge meete, a resonable p'rportion to the number of Freemen that are in the said Townes being to be attended therein; w'ch deputyes shall have the power of the whole Towne to giue their voats and alowance to all such lawes and orders as may be for the publike good, and unto w'ch the said Townes are to be bownd.

9. It is ordered and decreed, that the deputyes thus chosen shall haue power and liberty to appoynt a tyme and a place of meeting togather before any Generall Courte to aduise and consult of all such things as may concerne the good of the publike, as also to examine their owne Elections, whether according to the order, and if they or the gretest p'rte of them find any election to be illegall they may seclud such for p'rsent from their meeting, and returne the same and their resons to the Courte; and if yt proue true, the Courte may fyne the p'rty or p'rtyes so intruding and the Towne, if they see cause, and giue out a warrant to goe to a newe election in a legall way, either in p'rte or in whole.

Also the said deputyes shall haue power to fyne any that shall be disorderly at their meetings, or for not coming in due tyme or place according to appoyntment; and they may returne the said fynes into the Courte if yt be refused to be paid, and the tresurer to take notice of yt, and to estreete or levy the same as he doth other fynes.

10. It is Ordered, sentenced and decreed, that euery Generall Courte, except such as through neglecte of the Gou'rnor and the greatest p'rte of Magestrats the Freemen themselves doe call, shall consist of the Gouernor, or some one chosen to moderate the Court, and 4 other Magestrats at lest, w'th the mayor p'rte of the deputyes of the geuerall Townes legally chosen; and in case the Freemen or mayor p'rte of them, through neglect or refusall of the Gouernor and mayor p'rte of the magestrats, shall call a Courte, y't shall consist of the mayor p'rte of Freemen that are p'rsent or their deputyes, w'th a Moderator chosen by the: In w'ch said Generall Courts shall consist the supreme power of the Comonwelth, and they only shall haue power to make laws or repeale the:, to graunt leuyes, to admitt of Freemen, dispose of lands vndisposed of, to seuerall Townes or p'rsons, and also shall haue power to call ether Courte or Magestrate or any other p'rson whatsoeuer into question for any misdemeanour, and may for just causes displace or deale otherwise according to the nature of the offence; and also may deale in any other matter that concerns the good of this comonwelth, excepte election of Magestrats, w'ch shall be done by the whole boddy of Freemen.

In w'ch Courte the Gouernour or Moderator shall haue power to order the Courte to giue liberty of spech, and silence vnceasonable and disorderly speakeings, to put all things to voate, and in case the vote be equall to haue the casting voice. But non of these Courts shall be adiorned or dissolued w'thout the consent of the maior p'rte of the Court.

11. It is ordered, sentenced and decreed, that when any Generall Courte vppon the occations of the Comonwelth haue agreed vppon any sume or somes of mony to be leuyed vppon the seuerall Townes w'thin this Jurisdiction, that a Comittee be chosen to sett out and appoynt w't shall be the p'rportion of euery Towne to pay of the said letiy, p'rvided the Comittees be made up of an equall number out of each Towne.

14'th January, 1638, the 11 Orders abouesaid are voted.

THE OATH OF THE GOU'RNOR, FOR THE [P'RSENT].

I ---- being now chosen to be Gou'rnor wthin this Jurisdiction, for the yeare ensueing, and vntil a new be chosen, doe sweare by the greate and dreadfull name of the everliueing G.o.d, to p'rmote the publicke good and peace of the same, according to the best of my skill; as also will mayntayne all lawfull priuiledges of this Comonwealth; as also that all wholesome lawes that are or shall be made by lawfull authority here established, be duly executed; and will further the execution of Justice according to the rule of G.o.ds word; so helpe me G.o.d, in the name of the Lo: Jesus Christ.

THE OATH OF A MAGESTRATE, FOR THE P'RSENT.

I, ---- being chosen a Magestrate w'thin this Jurisdiction for the yeare ensueing, doe sweare by the great and dreadfull name of the euerliueing G.o.d, to p'rmote the publike good and peace of the same, according to the best of my skill, and that I will mayntayne all the lawfull priuiledges thereof according to my vnderstanding, as also a.s.sist in the execution of all such wholsome lawes as are made or shall be made by lawfull authority heare established, and will further the execution of Justice for the tyme aforesaid according to the righteous rule of G.o.ds word; so helpe me G.o.d, etc.

[Until 1752, the legal year in England began March 25 (Lady Day), not January 1. All the days between January 1 and March 25 of the year which we now call 1639 were therefore then a part of the year 1638; so that the date of the Const.i.tution is given by its own terms as 1638, instead of 1639.]