Gavin Howe
The first written laws in America were established by the Plymouth Colony, founded by Pilgrims in 1620. These laws were published as the 1636 Book of Laws, later called The General Fundamentals of New Plimouth. The laws were a mix of English common law and religious laws from the Bible. The Puritans in Connecticut drafted their first framework of written laws in 1639, known as the Fundamental Orders of Connecticut, which became the first complete written constitution in the history of the world.
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What You'll Learn
The Fundamental Orders of Connecticut (1639)
The Fundamental Orders of Connecticut, also known as The Fundamental Orders, was a written constitution adopted by the Connecticut Colony council on 24 January 1639 (or 14 January 1639 O.S.). It was inspired by Thomas Hooker's sermon of 31 May 1638, which advocated for popular sovereignty and consent of the governed. The Fundamental Orders established Connecticut as a self-ruled colony, with a government set up by the Connecticut River towns of Windsor, Hartford, and Wethersfield.
The document, consisting of a preamble and 11 orders or laws, outlined the structure and powers of the government and emphasised the limitation of powers of certain government positions. It also included provisions for annual elections, the secret ballot, rotation in office, and "liberty of speech" for elected representatives. Notably, the Fundamental Orders omitted any reference to the authority of the British Crown or any external authority, instead assigning supreme authority in the colony to the elected general court.
The Fundamental Orders served as the basis for government in Connecticut until 1662, when the colony petitioned King Charles II for a royal charter. While the royal charter substantially secured the colony's right to self-govern, it was seen as a continuation of the policies outlined in the Fundamental Orders.
The Fundamental Orders are considered significant as they are regarded by many as the first example of a written constitution in the world. Connecticut earned the nickname "The Constitution State" due to its early adoption of a complete constitution. The individual rights outlined in the Fundamental Orders are still included in the current Connecticut Constitution, demonstrating the lasting impact of this early written law.
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The Plymouth Colony's first written laws (1636)
On October 4, 1636, the Plymouth Colony, founded in 1620 by Anglicans and Separatists (also known as Brownists or Pilgrims), established its first written set of laws. These laws were published as the 1636 Book of Laws, later called The General Fundamentals of New Plimouth. The General Fundamentals began with a preamble that declared the "associates of the Colony of New Plimouth" as "free-born subjects of the kingdom of England". As such, they enjoyed all the privileges of Englishmen.
The first article of the General Fundamentals was a declaration of self-rule, stating:
> That no act, imposition, law or ordinance be made or imposed upon us at present or to come, but such as has been or shall be enacted by the consent of the body of freemen or associates, or their representatives legally assembled; which is according to the free liberties of the freeborn people of England.
The second article established the election calendar, including "a free election annually, of governor, deputy governor, and assistants". However, only freemen—men of property who belonged to the church—could vote. The Plymouth Colony also drew up laws for preaching the Gospel to indigenous people and for admitting them.
The General Court of Plymouth Colony was both a judicial and legislative system, with records going back to 1623. The court had the authority to pass laws, impose taxes, and hold criminal trials. The laws formed were a hybrid mix of English common law and religious laws from the Bible. Some of the laws included those regarding capital punishment, taxes, distribution of land, indentured servitude, and trial procedures. Crimes that were punishable by death included treason, murder, witchcraft, arson, sodomy, rape, bestiality, adultery, and cursing or smiting one's parents.
The Plymouth Colony also had some unique laws, including a fine for members of the militia who did not bring a loaded gun to church, and a fine for not voting when voter turnout was low. In 1637, the Plymouth Colony enacted an anti-smoking law.
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The Massachusetts Body of Liberties (1641)
The Massachusetts Body of Liberties, established in 1641, was the first legal code in New England. It was compiled by Puritan minister Nathaniel Ward and established by the Massachusetts General Court. The Body of Liberties was a list of liberties, rather than restrictions, intended to guide the General Court of the time.
The document was considered ahead of its time in terms of individual rights and protections. For example, it prohibited a compulsory draft except for territorial defence, prohibited an estate tax, and gave freedom to all "householders" for fishing and fowling on public land. It also included some of the first modern animal protection laws in America, stating that "No man shall exercise any Tirranny or Crueltie towards any bruite Creature which are usuallie kept for man's use."
The Body of Liberties also recognised boards of selectmen for the first time, although some towns had already established them. It established the exclusive right of the General Court to legislate and dictate the "Countenance of Authority".
The Massachusetts Body of Liberties was one of the earliest examples of protections of individual rights in America. It was more supportive of these rights than many English sources of the time. The document was the precursor to the General Laws of Massachusetts and the Massachusetts Constitution, and some of the rights it established eventually appeared in the Bill of Rights.
In 1684, King Charles II revoked the Body of Liberties and reinstated English law over the Commonwealth.
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Puritan influence on the first written laws
The Puritans' commitment to the Bible as their moral authority and primary source of civil law influenced their approach to governance and law-making. They identified with the Ancient Israelites and their practice of written laws, such as the Ten Commandments. This emphasis on the written word led the Puritans to create written codes of laws, or constitutions, to ensure regular enforcement and prevent arbitrary rule.
The Puritan lifestyle, characterized by high moral standards and a central role for the church, positively influenced colonial values related to family, community, work, and reverence for God. Puritan beliefs and practices shaped the legal landscape of their colonies, with daily life naturally supporting the laws of the colonies. Puritan interpretations of the Bible influenced their understanding of civil rights and justice, and their commitment to democratic self-governance left a lasting impact on the founding documents of the United States, including the Declaration of Independence, Constitution, and Bill of Rights.
The Puritan influence extended beyond Connecticut, as their written constitutions inspired other colonies to follow suit. For example, the Massachusetts Body of Liberties of 1641 was created by colonists in Massachusetts, reflecting their desire for a more formal and complete set of written laws. The Puritan influence on the first written laws in America thus contributed to the development of democratic self-governance and the establishment of fundamental rights and freedoms in the emerging nation.
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The Biblical influence on the first written laws
The first written laws in America were the Fundamental Orders of Connecticut, drafted by Puritans in 1639. This document became the world's first complete, written constitution.
The Bible had a strong influence on the development of the US Constitution and the Bill of Rights. The Puritans in America modelled their written constitutions on the Biblical Israelites' practice of written laws, such as the Ten Commandments, which were engraved in stone. The Puritan constitutions of colonial Connecticut and Massachusetts were particularly influential on the state and federal constitutions.
The Bible was the most frequently cited book in the political literature of the American founding era. The Puritan influence on early constitutions is evident in the acknowledgement that the laws of God control the laws of the colony. For example, the Fundamental Orders of Connecticut begin with the words, "Forasmuch as it hath pleased Almighty God". The Bible was viewed as authoritative guidance in structuring a society to secure liberty and promote happiness.
The Declaration of Independence, which provided the philosophical foundation for the Constitution, also reflects Bible-aligned moral and social beliefs and understandings. The Bible's influence can be seen in the recognition of "certain unalienable rights" grounded in the "laws of nature and nature's God". The Bible's teachings also influenced the system of checks and balances in the American government, with writers such as Montesquieu recognising a Creator of the universe with a moral law for fallible mankind.
The Puritans in America sought to establish a society based on the laws of God, as seen in the colonial charters that authorised the English emigrants to settle in the New World. The First Charter of Virginia, granted in 1606, acknowledged that the English king ruled by the grace of God and that civil government should honour God.
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Frequently asked questions
The first known written law in America was the 1636 Book of Laws, also known as The General Fundamentals of New Plimouth.
The 1636 Book of Laws covered a range of topics, including capital punishment, taxes, distribution of land, indentured servitude, and trial procedures.
The 1636 Book of Laws was significant because it established a formal and organized set of laws for the Plymouth Colony, which was founded in 1620. It also served as a model for other colonies, such as Massachusetts, to create their own constitutions.
