proved licensed family. This limited each household to its own members and servants, unless by special permission. The head of each family licensed to keep boarders was required to "observe the course, carriage, and behavior, of every such single person, whether he, or she walk diligently in a constant lawful employment, attending both family duties, and the public worship of God, and keeping good order day and night, or otherwise. And shall then complain of any such disorder, that every such single person may be questioned, and punished, if the case require it." The penalty for boarding or taking boarders contrary to this law was, in accordance with the New Haven custom, such fine as the court or authority should impose.1

After the union of the colonies, the general court in May, 1667, extended the law of 1636, prohibiting the entertainment of strangers, to punish any person coming into a town and remaining there, after being warned to depart, without permission from either the town or the selectmen. The penalty was a fine of 20s. a week, or, every week, either sitting in the stocks for an hour or receiving corporal punishment. The act stated that it was passed "upon complaint made to this court that divers persons have thrust themselves into the several plantations of this colony, to the unjust disturbance of the same.'

3

2

It is evident that the purpose of all these laws was to keep out those who would disturb or demoralize. The authorities wished to maintain one type of inhabitant and to exclude all who would break down the established standards. While this was undoubtedly the purpose behind these statutes and also behind the laws regarding settlements, our next topic, they were used to prevent the admission of

'N. H. Col. Rec., ii, 608 et seq. 'I. e., towns or settlements. 'Col. Rec., ii, 66.

those likely to become public charges. In the course of a few generations this became their real object.

2. LAWS OF SETTLEMENT

The Connecticut principle of entrusting as much power as possible to the towns came out clearly in the laws for admitting inhabitants. While in Massachusetts the court of assistants,' at its second session, assumed this power, in Connecticut it was left with the towns, under the regulation of the general court. In May, 1643, it was declared by the court that only those admitted by a majority vote of a town should be counted admitted inhabitants." In 1660 a moral qualification was added. No one was to be admitted unless "known to be of an honest conversation." " In this action the colony followed the example of Hartford, which, as early as January, 1638(9), limited the power of the townsmen or selectmen, "that they receive no new inhabitant . . . without approbation of the body."

3

The first real law of settlement was passed in 1656 by the New Haven colony. It was designed "to prevent sundry inconveniences which may grow to this jurisdiction and the plantations thereof, by the inconsiderate, and disorderly receiving and entertaining of strangers, or others, to be

'The charter of the Governor and Company of Massachusetts Bay in New England provided for the annual election by the freemen of a governor, deputy governor, and 18 assistants, who were to meet once a month, 7 forming a quorum. All the original assistants did not come to Massachusetts. This body, or court of assistants, assumed the name magistrates and enacted the first laws for the colony. Cf. Palfrey, Hist. of N. E., i, 291; Winsor, Mem. Hist. of Boston, i, 156.

Jurisdiction was the name used for the colony in New Haven, and occasionally in Connecticut as well. It was composed of the planta

tions or towns.

planters or sojourners in any part of this colony." It contained four main provisions:

(1) It forbade any inhabitant to entertain any one from outside the plantation or town who came to settle or sojourn there, to sell or lease to such stranger any real estate, or to permit him to remain more than a month without the written permission of some local magistrate, or, where there was no magistrate, without the express order of the major part of the freemen of the plantation, or of the major part of the inhabitants, where there was neither church nor freemen. The penalty was a fine of £10, payable to the plantation where the order was violated. This might be moderated by the court in case the violation occurred through error and caused but slight inconvenience to the plantation or jurisdiction. Travelers, merchants, visiting friends, and servants were excepted.

(2) It allowed the court, at its discretion, to make hosts wholly or partly responsible for any charge arising because of visiting friends.

(3) It required masters to provide for sick servants during the term of their service. If the illness was due to a fault in the master, he might be held responsible for recompense or maintenance for a longer period, at the discretion of the court. Otherwise the plantation disposed of or provided for the sick servant after he left his master. (4) Finally, to prevent litigation, it ordered,

That if any person, . . . with, or without license, shall hereafter sojourn . . . within the limits of any plantation in this jurisdiction, for . . . one whole year, every such person shall to all purposes (in reference to any plantation within this jurisdiction, but no further) be accounted an inhabitant there, and shall not be sent back, or returned (unless to some particular person standing, and continuing in relation to receive,

and provide as the case may require) nor shall the jurisdiction, or any other plantation in it be liable to any charge, or burden, in reference to any such person, though he, or she hath dwelt elsewhere in the jurisdiction before.1

In the following year, 1657, a supplementary law was passed for the deportation of any stranger who was not accepted by the town or plantation where left by the seaman or other" who brought him in."

66

The act of 1656 was the first law in Connecticut by which one could, by mere residence, gain a settlement, including the right to support without danger of removal, save to the care of a relative. Such a settlement later became known as one derived from commorancy.

These laws were in force only until the consummation of the union of the two colonies in 1665. They were significant as the temporary embodiment of important principles. It will be noticed that while the plantation might exclude any stranger, it had to act in each case. If it did not, a man became an inhabitant after a residence of twelve months.

In any system of poor relief by towns, there must be an authority to settle disputes and provide for the relief of persons belonging to no town. Connecticut discovered this need as early as 1650, and provided for it by giving the court of magistrates not only the "power to determine

'N. H. Col. Rec., ii, 610 et seq.

3

'Ibid., ii, 217 et seq.

* The Fundamental Orders, 1638(9), provided for the annual election by the general court at its April meeting of magistrates, the governor and 6 others, "to administer justice according to the laws here established, and for want thereof, according to the rule of the word of God." They were nominated at a previous session by the towns through their deputies or by the general court, and the governor had to be "formerly of the magistracy within this jurisdiction." This body formed the court of magistrates. Cf. Constitutions of Conn., ed. 1901, 12 et seq. This

all differences about lawful settling and providing for poor persons," but also the power "to dispose of all unsettled persons, into such towns as they shall judge to be most fit for the maintenance and employment of such persons and families for the ease of the country." This gave the court authority to secure the removal of unsettled persons to the towns where they could most easily be supported or employed, and thus to distribute the burden.

1

Twenty-three years later, in 1673, the general court took further action. It ordered:

Every town within this colony, shall maintain their own poor. . . . . If any person come to live in any town in this government, and be there received and entertained three months, if by sickness, lameness or the like, he comes to want relief; he shall be provided for by that town wherein he was so long entertained, and shall be reputed their proper charge, unless such person has within the said three months been warned by the constable, or some one or more of the selectmen of that town, not there to abide without leave first obtained of the town, and certify the same to the next court of assistants, who shall

court was also called the particular court, and until it was succeeded in 1665 by the court of assistants (vid. post note 2), it exercised more than judicial functions. It was virtually the general court for specific purposes. Ct. Johnston, Conn., 190; The N. E. States, i, 475.

1 Col. Rec., i, 546.

'The charter of 1662 prescribed the annual election of a governor, deputy governor, and twelve assistants. The court of assistants in 1665 (Col. Rec., ii, 28) succeeded the court of magistrates, It was composed of the governor or the deputy governor, and at least six assistants, and met semiannually before the meetings of the general court. There were also two county courts a year in each county, held originally by at least three assistants. Each assistant had jurisdiction in the county of residence of cases involving not more than 40s. Appeal might be taken from an assistant to the county court, thence to the court of assistants, and finally to the general court. This last appeal was taken away by the revision of 1702. In 1711 the court of assistants was abolished and a superior