The Fundamental Orders of Connecticut: Authors & Historical Context

Adopted on January 14, 1639 (Old Style) / January 24, 1639 (New Style), the Fundamental Orders of Connecticut are widely regarded as the first written constitution in Western tradition to create a government by the consent of the governed. They established the framework for the Connecticut Colony's self-governance.

The Drafting Committee

A committee of twelve men—representatives from the three river towns of Hartford, Windsor, and Wethersfield—crafted the document. Key figures included:

• Roger Ludlow (Windsor): A lawyer educated at Oxford and the Inner Temple; likely the principal draftsman. Previously authored Massachusetts' Body of Liberties (1641).
• John Haynes (Hartford): First Governor of Connecticut Colony (1639); former Massachusetts Governor. Provided political leadership.
• Thomas Hooker (Hartford): Revered Puritan minister whose sermon “The foundation of authority is laid in the free consent of the people” (May 31, 1638) articulated the philosophical basis for the Orders.
• Edward Hopkins, George Wyllys, William Phelps, William Whiting, Henry Wolcott, and others—prominent settlers, magistrates, and church members.

Core Provisions

• Established a General Court (legislature) with lawmaking, taxation, and judicial powers.
• Created the offices of Governor (one-year term, no consecutive terms) and Deputy Governor.
• Required the Governor to be a member of an approved congregation.
• Provided for freemen to elect deputies and magistrates via secret ballot (paper ballots).
• No mention of the British Crown—authority derived from the "associates" themselves.

Historical Significance

The Fundamental Orders:

• Predated the US Constitution by 148 years.
• Influenced the 1662 Connecticut Charter (which explicitly acknowledged them).
• Earned Connecticut the nickname "The Constitution State" (adopted officially in 1959).
• Represented a radical departure: government by written compact, not royal charter.

Context: Why Connecticut?

Puritan migrants from Massachusetts Bay (led by Hooker) settled the Connecticut River Valley in 1636 seeking religious autonomy and fertile land. The Pequot War (1636–1638) underscored the need for unified defense and governance. The Orders formalized a de facto self-governing arrangement.

The original manuscript is preserved at the Connecticut State Library in Hartford. A transcription is displayed at the Connecticut State Capitol.