An interesting and suggestive chapter in our early colonial history is found in the constitution, laws and court records of Connecticut. That some of the enactments and judicial proceedings, to those ignorant of the peculiar condition of the colonists, seem ludicrous, and fit to provoke the unfriendly criticism they have received, is not denied. But an honest, competent critic can not take them thus, and will not hastily discredit the intelligence of the men who, under new and most trying circumstances, made such regulations for their little commonwealth as the exigencies of the situation seemed to demand. We do not approve of all the laws of that olden-time as wise and just; nor do we think the administration always beyond just reproach; but we do venerate the men who for the glory of God and the good of society enacted and rigorously enforced them.

The ancient orthography is retained as a specimen of the English of that day:

Then follows the constitution in eleven well considered sections, making provision for the three departments—legislative, judicial and executive. We freely confess our admiration of this wonderful document, but can not, for want of room, print it. This is the less necessary as it evidently formed the basis of the charter of 1662, and its leading provisions have been copied, with some modifications, into the constitutions of the several States, and of the United States. As the first written constitution formed for and adopted by a free people, for their own government, it is a marvel of excellence. Written without a model, it asserts for its authors a more comprehensive and thorough statesmanship than is usually attributed to the leaders in colonial politics at that early day.

The most peculiar feature of their civil polity was that only the righteous were to be in authority, and all power was vested in members of the church; and the conservative influence of religion variously confessed. The church and state were separate, yet, not inconsistently, we find an article headed:

The “Capitall Lawes” were severe, and the executive officers a terror to evil-doers. The death penalty was denounced against criminals convicted of either of fourteen different offenses. The burglar for the third offense lost his life.

The laws were specially severe against the social evil, and the homes of the colonists guarded not only against the crimes, but against all dalliance with evil, and imprudent conduct that might weaken the family bonds. The purity and bliss of the home might not be endangered with impunity, and the wayward were punished with wholesome severity. Here is a court record: “Martha Malbon, for consenting to goe to the farms with Will Harding at night, to a venison feast, and … for dalliance with said Harding was whiped.” How it fared with Will we are not told, but presume there was safety for him only in exile, as there was no marked discrimination in favor of his sex at that time. As connected with this case it is further recorded that “Goodman Hunt and his wife for keeping the councells of said William Harding, baking him a pastry and plum cakes, and keeping company with him on the Lord’s day, and she suffering Harding to kisse her, they being only admited to sojourn in this plantation on their good behavior, ordered to be sent out of this towne within one month after the date hereof; yea, in a shorter time, if any miscarriage be found in them.—December 3, 1651.” On another page I find it recorded that “Will Harding was sentenced to be severely whipped, fined £10, and presently to depart the plantation, and not retourne under the penalty of severer punishment.”