BOOK I. If any man lie with his mother, or father's wife, or wife's mother, his daughter, or daughter in law, having carnal 1642. copulation with them, both of them have committed abomination; they shall be put to death, except it appear, that the woman was forced, or under fourteen years of age. Levit. xx. 11, 12, 14, and xviii. 7, 8.

General court at New-Hav

en, April 5,1643.

If any man shall forcibly ravish any maid, or woman, by carnal copulation, against her consent, he shall be put to death, provided prosecution and complaint be made forthwith upon the rape. Deut. xxii. 25.

If any man steal a man, or mankind, and selleth him, or he be found in his hand, he shall be put to death. Exodus xxi. 16.

If any person rise up by false witness, wittingly, and of purpose, to take away man's life, he or she shall be put to death. Deut. xix. 16, 18, 19.

It was also enacted, that if any person should conspire against the commonwealth, attempt an insurrection, invasion, or rebellion against it, he should be put to death.

Wilful arson, the cursing and smiting of father or moth er, and notorious stubbornness in children, after a certain age, werc, soon after, made capital offences, by the laws of the colony, and added to the list of the capital laws.*

Before this time, unchastity between single persons, and wanton behaviour, had been punished with whipping at the tail of the cart, by fining, or obliging the delinquents to marry, at the discretion of the particular courts.

The general court approved of what the particular courts had done, in these cases, and authorised them, in future, to punish such delinquents by fines, by committing them to the house of correction, or by corporal punishment, at the discretion of the court.

As some loose persons deserted the English settlements, and lived in a profane, heathenish manner, a law was enacted, that all persons who should be convicted of this crime, should be punished with three years imprisonment, at least, in the house of correction, with fine, or corporal punishment, as the particular court should direct.†

At a general court in New-Haven, April 5, 1643, considerable progress was made in the laws and government of that colony. Deputies were admitted to the court, and an addition was made to the number of magistrates. Stamford, for the first time, sent captain John Underhill, and Mr. Richard Gildersleve, to represent the town. Mr.

* Records of Connecticut, and the old Connecticut code.

+ Records of Connecticut. When the Connecticut laws were printed, in 1672, this law was altered, and the term reduced from three, to one year's imprisonment.

Mitchel and Mr. Rayner were nominated for magistrates Booк I. in Stamford. Mr. Rayner was appointed by the court. Captain Underhill, Mr. Mitchel, Mr. Andrew Ward, and 1643. Mr. Robert Coe were appointed assistant judges to Mr. Rayner. This court was vested with the same powers as the court at New-Haven, and was the first instituted in Stamford. Mr. William Leet and Mr. Desborough were admitted magistrates for Menunkatuck, and that plantation was named Guilford.

election at

This year John Haynes, Esq. was elected governor, and General Mr. Hopkins deputy governor. Mr. Wolcott and Mr. Hartford, Swain were chosen magistrates; and Mr. Phelps and Mr. April 13, William Hopkins were not elected.* Mr. Whiting was 1643. chosen treasurer and Mr. Wells secretary. It appears to have been customary, for a number of years, to choose the secretary and treasurer among the magistrates.

Juries appear to have attended the particular courts, in Connecticut, from their first institution. They seem to have been regularly enrolled about the year 1641, or 1642. But the particular courts found great difficulties with respect to their proceedings. There were no printed laws for the inhabitants to study, and many of the common people had attended very little to law and evidence. The jury therefore, very often, would be so divided, that they could not agree upon any verdict; and when they were agreed, it did not always appear to the court that they brought in a just one. A pretty extraordinary law therefore passed this court, regulating the juries. The court decreed, that the jury should attend diligently to the case, and to the evidence, and if they could not all agree in a verdict, they should offer their reasons upon the case to the court, and the court should answer them, and send out the jury again. If, after deliberating upon the case, they could not bring in a joint verdict, it was decreed, that it should be determined by a major vote; and that this should, to all intents and purposes, be deemed a full and sufficient verdict; upon which judgment should be entered, and execution, and all other proceedings should be as though there had been a joint verdict of the jury. It was also provided, that if the jury should be equally divided, six and six, they should represent the case to the court, with their reasons, and a special verdict should be drawn, and a major vote of the court, or magistrates, should determine the cause, and

*Mr. Phelps, I suppose, was now dead, as he appears no more upon the records. He was one of the principal planters of Windsor, and chosen into the magistracy from the first settlement of Connecticut. He ap ap. pears to have been the ancestor of the Phelpses in this state.

An act res

pecting ju

ries,

Book I. all matters respecting it should be as though there had been a joint verdict of the jury.*

1643.

Ty to attend the

At this court, it was ordained, that a grand jury of Grand ju- twelve men should attend the particular courts, annually, in May and September, and as often as the governor and court should judge expedient. It was also enacted, that the grand jury should be warned to give their attendance. This is the first notice of a grand jury, at any court.

courts.

of the N.

England colonies.

Reasons

ion.

Proposals A general confederation of the New-England colonies, for a gene- had been proposed, and in.agitation for several years. In ral union 1638, articles of union, for amity, offence and defence, mutual advice and assistance, upon all necessary occasions, were drawn, and for further consideration, referred to 1639. Connecticut and Mr. Fenwick agreed to confederate for these purposes. From this time, Connecticut had annually appointed some of her principal men, to go into the Massachusetts, to complete the designed confederacy. Governor Haynes and Mr. Hooker, in 1639, were nearly a month in Massachusetts, laboring to carry it into effect. New-Haven paid equal attention to an affair so important to the colonies. The circumstances of the English nation, and the state of the colonies in New-England, at this for the un- time, made it a matter of urgent necessity. For the accommodation of particular companies, the colonies had extended their settlements upon the rivers and sea coasts much farther, and had made them in a more scattering manner, than was at first designed. No aid could be expected from the parent country, let emergencies be ever so pressing. The Dutch had so extended their claims, and were so powerful and hostile, as to afford a just ground of general alarm. All the plantations were compassed with numerous tribes of savage men. The Narragansets appeared hostile, and there were the appearances of a general combination, among the Indians, in New-England, to extirpate the English colonies. There were, notwithstanding, impediments in the way of effecting even so necessary and important an union. The Massachusetts was much more numerous and powerful, than the other colonies, It was in various respects more respectable and important. It was, therefore, a matter of difficulty, to form an union upon equal terms. The other colonies were not willing to unite upon such as were unequal. There were also disputes between Connecticut and Massachusetts. The colony of Massachusetts claimed part of the Pequot country, on the account of the assistance which they afforded in the Pequot war. There was also a difference with respect to

*Records of Connecticut..

the boundary line between Massachusetts and Connecti- Book I. cut. Both colonies claimed the towns of Springfield and Westfield. These difficulties retarded the union.

1643.

However, Connecticut, New-Haven, and Plymouth, all dispatched commissioners to Boston, in May, at the time of the session of the General Court. The commissioners from Connecticut were, Governor Haynes and Mr. Hopkins; Mr. Fenwick, from Saybrook; Governor Eaton and Mr. Gregson, from New-Haven; Mr. Winslow and Mr. Collier, from Plymouth. The general court of Massachusetts appointed Governor Winthrop, Mr. Dudley, and Mr. Bradstreet, of the magistrates, and of the deputies, Mr. Hawthorne, Mr. Gibbons, and Mr. Tyng. There appear- The New ed, at this time, a spirit of harmony and mutual condescen- England sion among the commissioners, and on the 19th of May, confede1643, the articles were completed and signed. The com- rate, May missioners were unanimous in adopting them; but those 19th, 1643., from Plymouth did not sign them, as they had not been authorised by the court. At the meeting of the commissioners in September, they came vested with plenary powers, and signed them.

colonies

confedera

The commissioners, in the introductory part, declare, Articles of with respect to the four colonies of Massachusetts, Ply- tion. mouth, Connecticut, and New-Haven, and the plantations under their respective jurisdictions, that, as they all came into these parts of America with one and the same end and aim, to advance the kingdom of our Lord Jesus Christ, and enjoy the liberties of the gospel in purity and peace, they conceived it their bounden duty to enter into a present confederation among themselves, for mutual help and strength in all future concernments; that, as in nation and religion, so in other respects they be and continue one, and henceforth be called by the name of THE UNITED COLONIES OF NEW-ENGLAND.

They declare, that the said united colonies, for themselves and their posterity, did, jointly and severally, enter into a firm and perpetual league of friendship and amity, of offence and defence, mutual aid and succour, upon all just occasions, both for preserving and propagating the truth and liberty of the gospel, and for their own mutual safety and welfare.

The articles reserved to each colony an entire and distinct jurisdiction. By them, no two colonies might be united in one, nor any other colony be received into the confederacy, without the consent of the whole.

Each colony was authorised to send two commissioners annually, always to be church members, to meet on the

BOOK I. first Monday in September, first at Boston, then at Hartford, New-Haven, and Plymouth. This was to be the an1643. nual order, except that two meetings successively were always to be at Boston.

The commissioners, when met, were authorised to choose a president from among themselves, for the preservation of order. They were vested with plenary powers for making war and peace, laws and rules of a civil nature and of general concern. Especially, to regulate the conduct of. the inhabitants towards the Indians, towards fugitives, for the general defence of the country, and for the encouragement and support of religion.

tó

The expense of all wars, offensive or defensive, was to be borne in proportion to the number of the male inhabitants in each colony, between sixteen and sixty years of age.

Upon notice from three magistrates of any of the colonies of an invasion, the colonies were immediately to send assistance, the Massachusetts a hundred, and each of the other colonies forty-five men. If a greater number was necessary, the commissioners were to meet and determine the number.

All determinations of the commissioners, in which six were agreed, were binding upon the whole. If there were a majority, yet under six, the affair was to be referred to the general court of each colony, and could not be obligatory, unless the courts unanimously concurred.

No colony might engage in a war, without the consent of the whole union, unless upon some urgent and sudden occasion. Even in such case, it was to be avoided as far as possible, consistent with the general safety.

If a meeting were summoned, upon any extraordinary occasion, and the whole number of commissioners did not attend, any four who were met, might, in cases which admitted of no delay, determine upon a war, and send to each colony for its proportion of men. A number, however, less than six could not determine the justice of a war, nor have power to settle a bill of charges, nor make levies.

If either of the confederates should break any article of the confederation, or injure one of the other colonies, the affair was to be determined by the commissioners of the three other confederates.

The articles also made provision, that all servants running from their masters, and criminals flying from justice, from one colony to another, should, upon demand, and proper evidence of their character, as fugitives, be returned to their masters, and to the colonies whence they had made