Colonial Origins of the American Constitution: A Documentary History
A collection of eighty documents which demonstrate how local government in colonial America was the seedbed of American constitutionalism. Most of these documents, commencing with the Agreement of the Settlers at Exeter in New Hampshire, July 5, 1639, and concluding with Joseph Galloway’s Plan of Union, 1774—”the immediate precursor to the Articles of Confederation”—have never before been accessible to the general reader or available in a single volume.
Colonial Origins of the American Constitution: A Documentary History, ed. Donald S. Lutz (Indianapolis: Liberty Fund 1998).
Copyright:
The copyright to this edition, in both print and electronic forms, is held by Liberty Fund, Inc.
People:
- Editor: Donald S. Lutz
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Table of Contents
- Preface
- Introductory Essay
- Part 1: from covenant to constitution
- Part 2: definition of terms
- Part 3: analytic overview
- Part 4: editorial decisions
- [Agreement of the Settlers at Exeter in New Hampshire]
- the elders or rulers oath
- the oath of the people
- General Laws and Liberties of New Hampshire
- province laws.
- cappitall laws.
- Idollitry.
- Blasphemy.
- Treason.
- Publique Rebellion.
- Witchcraft.
- Beastiality.
- Buggery.
- False Witness.
- Man Stealing.
- Cursing Parents.
- A Rebellious Son.
- Raped.
- Wilful Burning.
- criminall laws.
- Adultery.
- Fornication.
- Burglary.
- Fellony.
- Council’s Power in Criminals.
- Swearing.
- Profaning the Lord’s Day.
- Contempt of God’s Word, or Ministers.
- Forcible Detaining Possession.
- Conspiricie Against This Province, Etc.
- Forgery of Deeds.
- Defacing Records.
- None to Endeavor to Corrupt Ye Officers.
- Lying.
- Burning Fences.
- Breaking Down Fences.
- Defacing Landmarks.
- Unlawful Gaming in Publique Houses.
- Lottery.
- Drunkenness.
- Fireing Woods.
- Councill’s Power in Criminals.
- Prison Keeper’s Charge.
- Marshalls.
- Judgmt and Execution to Stand Good Yt Were Before Ye Late Change.
- general lawes. townships, c, confirmed.
- Controversies of Land to Be Tried by a Jury.
- Contracts to Be Paid in Specia.
- Horses.
- Time and Place for Keeping Courts.
- All Tryalls by Jury.
- Constables to Clear Their Rate in the Year.
- Freemen.
- Marriage.
- Making Rates.
- Selectmen Take Accounts.
- A List of Males and Estates to Be Taken.
- Bounty for Killing Woolf.
- Former Laws to Stand.
- Province Rate.
- Constables to Clear Their Rates Within the Year.
- Penalty for Refusing to Pay.
- Marshalls to Levy Fines.
- Marshal’s Fees.
- Marshalls May Call for Assistance.
- Where Marshals Shall Make Demands.
- Fines to Be Paid Forthwith.
- Near Relations Not to Vote.
- No Imprisonment Before Sentence.
- Legal Notice in Case of Attachment.
- Ye Freemen of Each Towne to Chuse Their Officers and Make Orders for Their Townes.—Penalty for Offences.
- Prudential Officers.
- None to Cast Ballast into the River.
- Age to Make a Valid Act.
- Any Member of Ye Council or Clark to Grant Attachmts, and How Attachments Are to Be Served.
- Plant. or Defendt Not Apearing, to Be Nonsuited.
- Ye Defendt Not Apearing, Ye Surety or Goods Attached to Stand.
- No Officer to Baile Any Wthout Good Surety.
- Judgment to Be Acknowledged Before 2 of Ye Counll, c.
- Persons Notified Not Apearing, Ye Penalty.
- Plaint. May Wthdraw His Action.
- None to Pretend Great Damage to Vex His Adversary.
- Actions May Be Reviewed.
- Innkeepers to Sell No Strong Drinks to Children or Servants.
- A Person Being 3 Mos in Town Shall Be an Inhabitant, Except.
- Persons Sent From Other Towns, Ye Towns They Are Sent From to Pay the Charge.
- President or Deputy to Have Casting Vote.
- None to Bring in or Entertain Strangers Wthout Leave.
- Constables to Warn Freemen’s Meetings to Choose Deputies.
- Pay for Entry of Actions.
- [Agreement Between the Settlers at New Plymouth] (The Mayflower Compact)
- [The Plymouth Combination, or The Mayflower Compact]
- [Plymouth Oath of Allegiance and Fidelity]
- form of oath for all inhabitants
- form of the oath given the governor and council at every election
- [The Salem Covenant of 1629]
- [Agreement of the Massachusetts Bay Company at Cambridge, England]
- The true coppie of the Agreement of Cambridge, August 26. 1629.
- [The Watertown Covenant of July 30, 1630]
- July 30, 1630
- [Massachusetts Election Agreement]
- The Oath of a Freeman, or of a Man to Be Made Free
- The Oath of a Freeman, or a Man to be Made Free
- [The Massachusetts Agreement on the Legislature]
- A General Court, holden att Boston, May 9th, 1632
- [Cambridge Agreement]
- Ann Agreement made by A Gennerall Conf for a mounthly meeting.
- [Dorchester Agreement]
- An agreement made by the whole consent and vote of the plantation made Mooneday 8th of October, 1633.
- [Cambridge Agreement on a Town Council]
- [Massachusetts Agreement on the Legislature]
- The Oath of a Freeman
- Att a Genrall Courte, holden att Boston, May 14, 1634.
- the oath of a freeman
- [Salem Oath for Residents]
- At A Court holden att Boston, April 1th, 1634.
- the oath of residents
- [Watertown Agreement on Civil Officers]
- August 23, 1634.
- [The Enlarged Salem Covenant of 1636]
- Gather my Saints together unto me that have made a Covenant with me by sacrifyce. psa. 50:5:
- [Plymouth Agreement]
- [Pilgrim Code of Law]
- the office of the governor
- the oath of the governor
- the oath of a freeman
- the office of an assistant
- the oath of the assistants
- the oath of any residing within the government
- the oath of a constable
- [Dedham Covenant]
- [The Massachusetts Body of Liberties]
- A Coppie of the Liberties of the Massachusets Collonie in New England
- liberties more peculiarlie concerning the free men.
- liberties of woemen
- liberties of children
- liberties of servants
- liberties of forreiners and strangers
- off the bruite creature
- [The Combination of the Inhabitants upon the Piscataqua River for Government]
- [Massachusetts Bicameral Ordinance]
- [Massachusetts Ordinance on the Legislature]
- The Laws and Liberties of Massachusetts
- The Book of the General Lawes and Libertyes Concerning the Inhabitants of the Massachusets Collected Out of the Records of the General Court for the Several Years Wherein They Were Made and Established,
- to our beloved brethren and neighbours
- abilitie.
- actions.
- age.
- ana-baptists.
- arrests.
- bond-slavery.
- capital lawes.
- charges publick.
- children.
- councill.
- courts.
- deputies for the generall court.
- ecclesiasticall:
- elections.
- fornication
- freemen, non-freemen.
- fugitives, strangers.
- gaming.
- general court.
- governour.
- heresie.
- idlenes.
- jesuits.
- impresses.
- imprisonment.
- indians
- inditements.
- in-keepers, tippling, drunkenes.
- juries, jurors.
- justice.
- liberties common
- lying.
- magistrates.
- monopolies.
- oaths, subscription
- oppression
- profane swearing.
- punishment
- schools.
- strangers.
- summons.
- suits, vexatious suits.
- tobacco.
- torture.
- townships.
- tryalls.
- votes.
- userie.
- witnesses.
- [Massachusetts Ordinance on Legislative Procedure]
- [Towns of Wells, Gorgiana, and Piscataqua Form an Independent Government]
- [The Cambridge Agreement of October 4, 1652]
- At a Genrall meeting of the Towne ye 4th (10) 1652.
- [Puritan] Laws and Liberties
- the oath of a ffreeman.
- the office of the gour:
- the oath of the gour:
- the office of ann assistant.
- the oath of an assistant.
- the oath of the treasurer.
- the oath of a grandjuryman.
- the oath of the clarke of the court.
- [An Act of the General Court]
- concerning our liberties
- concerning our duties of allegiance to our sovereign lord, the king
- [Providence Agreement]
- [Government of Pocasset]
- The 7th day of the first month, 1638
- The 7th of the first month, 1638.
- [Newport Agreement]
- Pocasset. On the 28th of the 2d [month], 1639
- [The Government of Portsmouth]
- Aprill the 30th, 1639
- Plantation Agreement at Providence
- Report of Arbitrators at Providence, containing proposals for a form of government Providence the 27th of the 5th mo. in the yeare (so called) 1640.
- [Organization of the Government of Rhode Island]
- The Generall Court of Election began and held at Portsmouth, from the 16th of March, to the 19th of the same mo., 1641.
- by election.
- [Warwick Agreement]
- Acts and Orders of 1647
- Acts and Orders
- the engagement of the officers
- for the province of providence.
- touching lawes.
- touching the common law.
- Rebellion.
- Misbehaviour.
- Touching Whoremongers.
- Buggerie.
- Rape.
- Adulterie and Fornication.
- Touching Menstealers.
- Touching Liars and Perjured Persons.
- Breach of Covenant.
- Slaunder.
- Poore.
- Scoulds.
- Ale Houses.
- Licenses.
- Drunkenness.
- Marriage.
- president’s commission.
- assistants.
- touching the generall recorder.
- touching the publick treasurer.
- touching the generall sargant.
- touching the inquest for tryars.
- touching pleaders.
- Charter of Providence
- Charter of Providence
- [General Assembly of Rhode Island Is Divided into Two Houses]
- Plantation Covenant at Quinnipiack
- Fundamental Orders of Connecticut
- Guilford Covenant
- Structure of Town Governments
- Fundamental Articles of New Haven
- [Connecticut Oath of Fidelity]
- An Oath for Paqua’ and the Plantations There:
- Capitall Lawes of Connecticut, Established by the Generall Court the First of December, 1642
- The Government of Guilford
- New Haven Fundamentals
- [Majority Vote of Deputies and Magistrates Required for the Passage of Laws in Connecticut]
- Connecticut Code of Laws
- established by the general court, may, 1650
- idleness
- indians
- innkeepers
- juryes and jurors
- grand jury
- magistrates
- schooles
- secretary
- tobacko
- voates
- Preface to the General Laws and Liberties of Connecticut Colony Revised and Published by Order of the General Court Held at Hartford in October 1672
- [Division of the Connecticut General Assembly into Two Houses]
- [A Letter from Governor Richard Nicolls to the Inhabitants of Long Island]
- Charter of Liberties and Privileges
- Fundamentals of West New Jersey
- Concessions to the Province of Pennsylvania
- first
- Charter of Liberties and Frame of Government of the Province of Pennsylvania in America
- the preface
- the frame, c—april 25, 1682
- laws agreed upon in england, c.
- An Act for Freedom of Conscience
- [Pennsylvania Charter of Liberties]
- Orders Devised and Published by the House of Assembly to be Observed During the Assembly
- Act for Establishing the House of Assembly and the Laws to Be Made Therein
- An Act For the Establishing the house of Assembly and the Laws to be made therein
- An Act for Church Liberties
- An Act for Swearing Allegeance
- An Act What Persons Shall Be Called to Every General Assembly and an Act Concerning the Calling of General Assemblies
- an act concerning the calling of general assemblies, 1638
- An Act for the Liberties of the People
- [Maryland Toleration Act]
- Acts and Orders of Assembly assented vnto Enacted and made at a Generall Sessions of the said Assembly held at St Maries on the one and twentieth day of Aprill Anno Domini 1649 as followeth viz:
- an act concerning religion
- Articles, Laws, and Orders, Divine, Politic, and Martial for the Colony in Virginia
- Articles, Lawes, and Orders, Divine, Politique, and Martiall for the Colony in Virginea: first established by Sir Thomas Gates Knight, Lieutenant Generall, the 24th of May 1610. exemplified and approved by the Right Honourable Sir Thomas West Knight, Lord Lawair, Lord Governor and Captaine Generall the 12th day of June 1610. Againe exemplified and enlarged by Sir Thomas Dale Knight, Marshall, and Deputie Governour, the 22nd of June, 1611.
- [Laws Enacted by the First General Assembly of Virginia]
- Constitution for the Council and Assembly in Virginia
- To all people to whom these presents shall come, be seen, or heard, the Treasurer, Council and Company of Adventurers and Planters of the City of London for the first colony in Virginia send greeting.
- [Laws and Orders Concluded by the Virginia General Assembly]
- Act Relating to the Biennial and Other Assemblies and Regulating Elections and Members in North Carolina
- Act to Ascertain the Manner and Form of Electing Members to Represent the Province
- Act to Ascertain the Manner and Form of Electing Members to Represent the Inhabitants of This Province in the Commons House of Assembly
- [The New England Confederation]
- [The Albany Plan of Union]
- president-general and grand council
- election of members
- place of first meeting
- new election
- proportion of members after the first three years
- meetings of the grand council, and call
- continuance
- members’ allowance
- assent of president-general and his duty
- power of president-general and grand council; treaties of peace and war
- indian trade
- indian purchases
- new settlements
- laws to govern them
- raise soldiers and equip vessels, c
- power to make laws, lay duties, c
- general treasurer and particular treasurer
- money, how to issue
- accounts
- quorum
- laws to be transmitted
- death of the president-general
- officers, how appointed
- vacancies, how supplied
- The Articles of Confederation
- Articles of Confederation and Perpetual Union between the states of Newhampshire, Massachusetts-bay, Rhodeisland and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina and Georgia.
- Appendix: Unadopted Colonial Plans of Union
- [William Penn’s Plan of Union]
- a briefe and plaine scheam
- [Joseph Galloway’s Plan of Union]
- A Plan of a proposed Union between Great Britain and the Colonies
- Bibliography
- Multivolume Works of Colonial Documents
- Multivolume Works of State Documents
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