Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/400

 386 ///. THE COLONIAL PERIOD of rigor, of clear cut principles, of unswerving application, but which forms a basis on which a simple community could well adjust its legal relations. Connecticut and New Haven In Connecticut and New Haven we find a development similar to that of Massachusetts. The Connecticut code of 1642 was copied from that of Massachusetts.^ The fun- damental order of New Haven ^ provides for the popular election of the magistrates, and for the punishment of crim- inals " according to the mind of God revealed in his word." The general court is also to proceed according to the Scrip- tures, the rule of all righteous laws and sentences. In the fundamental agreement * all free men assent that the Scrip- tures hold forth a perfect rule for the direction and govern- ment of all men in all duties. The Scriptural laws of inherit- ance, dividing allotments, and all things of like nature are adopted, thus very clearly founding the entire system of civil and criminal law on the word of God. This principle is re-enacted in similar language in 1644.* In Connecticut the trial by jury was put into practice from the first, the use of the grand jury coming in some- what later. ^ It was, however, provided that upon continued failure to agree, a majority of the jury could decide the issue, and in case of equal division, the magistrate had a casting vote. ^ In New Haven the institution of jury trial was not at first adopted.^ It is stated that this was so set- tled upon some reasons urged by Mr. Eaton. As already indicated, the system of popular courts was adopted in both colonies. In 1699, the practice of commis- sioning justices for stated periods was tried, but it was con- tinued for only three years.® The judges of these courts • Connecticut Records, I, 77. • New Haven Records, I, 1. • Ibid., I, 130. • Connecticut Records, I, 9, 91. • Ibid., 84. ' Massachusetts Historical Society Collections, series II, vrf. VI, S2(fc • Ibid., series VI, vol. Ill, 44.
 * 'New Haven Records, I, 73.