1669 Coppy of the Fundamental Constitutions

See memorandum in front of printed edition 1669-70.

Not in Locke’s hand. A copy.
[?]

Coppy

Of the modell of Governement prepared
for the Province of Carolina &c

John Locke

9 Any Landgrave or Cassique at any time before
the yeare 1691, shall have power to alienate or make
over to any other person, his Barronies, and the Dignity to
them belonging, but after the yeare 1690, No Landgrave
or Cassique shall have power to sell, or make over the
hereditary Lands of his Baronies, or any part thereof
but they shall all intirely with the Dignity thereunto
annexed, descend unto his heires Males and for want of
such heires Male, shall devolve into the hands of the
Proprietors, who shall name another who shall succeed
to his Dignity, and all the Land thereunto annexed.

All other Lands, either by Graunt or Purchase, or
otherwise posessed by any Proprietor Landgrave or
Cassique, in any of the Colonies, shall be at the dispose
of the said Proprietor &c, to be setled by Law on whomsoever
he pleaseth, But for want of such settlement all the
said Colony Lands, shall descend on his younger children
to be divided equally amongst them, that so the Signories
or Baronies belonging to the Dignity, may descend with
the said Dignity, and thereby the Ballance of the Government
be kept intire according to the fundamentall Constitutions,
such acquired Lands also not belonging to the Dignity
shall be lyable to the Payment of Debts.

10 To every County there shall be three, as the Hereditary
Nobility of this Palatinate, who shall be called the
one a Landgrave, and the other two Cassiques, and
shall have place in the Parliament there, and the
Landgrave shall have foure Baronies, and the two
Cassiques each of them, two a [paire] hereditarily; and
unalterably annexed to, and setled upon the said Dignity

The first Landgrave and Cassiques of every County
shall be nominated not by the joynt Election of the
Proprietors altogeather, but the eight Proprietors shall
each of them seperately, nominate and choose one
Landgrave and two Cassiques, for the eight first Counties
to be planted

And when the said eight Counties shall be planted,
the Proprietors shall in the same manner nominate &
choose eight new Landgraves, and Sixteene Cassiques
for the eight next Counties to be planted, and so proceed
in the same manner till the whole Country of Carolina
be sett out and planted according to the Proportions
in these fundamentall Constitutions.

11 There shall be a Parliament consisting of the
Proprietors, or their Deputies, twenty five
Landgraves, and fifty Cassiques, and an hundred to be

and voyd, as if no such Acts or Lawes had ever been made:

But these fundamentall Constitutions being of a
higher Originall, and containing the frame and Ballance
on which the Government is founded, shall all and
every part of them be sacred, and stand unalterable for
ever

16 A New Parliament shall be assembled the first
Munday of the Month of November every second
yeare, and shall meete and sitt in the Towne, they last
sate in, without any Summons, unlesse by the Palatine
or his Deputy; togeather with any three of the Proprietors
or their Deputies, they be summoned to meete at some
other Place, and if there shall be any occasion of a
Parliament in those Intervalls, it shall be in the
Power of the Palatine with any three of the Proprietors
to Assemble them on forty dayes notice, at such time
and Place as they shall thinke fitt

And the Palatine or his Deputy with the advice
and Consent of any three of the Proprietors or their
Deputies, shall have power to dissolve the said Parliament
when they shall thinke fitt

17 And in order to the due Election of Members
for this bienniall Parliament, it shall be lawfull for
the freeholders of the respective Precincts to meete the
first Tuesday in September, every two yeares in the
same Towne or Place that they last mett in to choose
Parliament Men

And there choose those Members that are to sitt the
next November following, unlesse the Steward of the
Precinct shall by sufficient notice, thirty dayes before
appoint some other Place for their meeting in order to the
Election

18 All Elections in the Parliament, in the severall
Chambers of the Parliament, and in the Grand
Councill shall be passed by Ballotting

19 There shall be eight Courts or Councills for the
Dispatch of all affaires, the first called the Palatines
Court, To consist of the Palatine and the other seaven
Proprietors, The other Seaven Courts of the other seaven
great Officers, shall consist each of them of a Proprietor
and six Councellors added to him, Under each of these
latter seaven Courts, shall be a Colledge of twelve
Assistants, The twelve Assistants of the severall
Colledges, shall be chosen, two out of the Landgraves, by the
Landgraves Chamber, during the Session of Parliament

Two out of the Cassiques, by the Cassiques Chamber,
during the Session of Parliament, Two out of the Landgraves
Cassiques or oldest Sonnes of the Proprietors by the
Palatines Court, foure more of the twelve shall be chosen
by the Commons Chamber, during the Session of Parliament
out of such as have been, or are Members of Parliament,
Sheriffes, or Justices of the County Court, the other two
shall be chosen by the Palatines Court, out of the aforesaid
Members of Parliament, or Sheriffes or Justices of the
County Court, or the oldest Sonnes of Landgraves or
Cassiques, or younger Sonnes of Proprietors

20 Out of the Colledges, shall be chosen Six Councellors
to be joyned with each Proprietor in his Court, Of
which Six, one shall be of those who were chosen into any
of the Colledges by the Palatines Court, out of the Landgraves
Cassiques or oldest Sonnes of Proprietors, One out of
those who were chosen into any one of the Colledges by
the Landgraves Chambers, And one out of those who
were chosen into any of the Colledges by the Cassiques
Chamber: Two to be out of those who were chosen
into any one of the Colledges by the Commons Chamber

And one out of those who were chosen by the Palatines Court into any of the Colledges, out of the Proprietors
younger Sonnes, or older Sonnes of Landgraves, or
Cassiques, or Commons qualified as aforesaid

21 When it shall happen, that any Councellor dyes
and thereby there is a Vacancy, the grand Councill shall have power to remoove any Councellor, that is
willing to be remooved, out of any other of the Proprietors
Courts, to fill up this Vacancy Provided they take a
Man of the same degree and choise the other was, whose
Vacant place is to be filled

But if no Councellor consent to be remooved, or upon
such remoove the last remaining vacant Place in any of
the Proprietors Courts, shall be filled by choise of the Grand
Councill, who shall have powr to remoove out of any of
the Colledges, any Assistant who is of the same degree,
and choise, that the Councellor was, into whose vacant
Place he is to succeed

The grand Councill also shall have Power to remoove
any Assistant that is willing, out of one Colledge into another

Provided he be of the same degree and choise, But the
last remaining vacant Place, in any Colledge shall be filled
by the same choise, and out of the same degree of Persons
the Assistant was of, who is dead or remooved

No Place shall be vacant in any Proprietors Court

above Six Months, No Place shall be vacant in any
Colledge, longer than the next Session of Parliament

22 No man being a Member of the Grand Councill
or of any of the seaven Colledges shall be turned out
but for misdemeanour, of which the Grand Councill shall
be Judge, and the vacancy of the person so putt out
shall be filled, not by the Election of the Grand Councill
but by those who first chose him, and out of the same
degree he was, who is expelled

23 The Palatines Court, shall consist of the Palatine
and seaven Proprietors, Wherein nothing shall be
acted without the presence and Consent of the Palatine
or his Deputy, and three others of the Proprietors or their
Deputies, And shall have power to call Parliaments
To Pardon all Offences, To make Elections of all
Offices in the Proprietors dispose, To give warrant
for all things that passe the Seale of the Palatine,
without which warrant it shall be Treason to put
the Seale of the Palatinate, to any Graunt, Warrant,
or Writing whatsoever: And also they shall
have power by their Order to the Treasurer, to dispose
of all publick Treasure, except money graunted by the
Parliament, and by them designed to some particular
publick use, as also they shall have a Negative
upon Acts Orders Votes and Judgements of the grand
Councill and the Parliament, and shall have all the
Powers graunted to the Eight Proprietors by the Pattent
Except in such things, as are limited by the fundamen
tall Constitutions, and forme of Governement in this Court

The Palatine himselfe when he in person shall be
either in the Army, or Navy, or in any of the
Proprietors Courts, shall then have the power of
Generall or Admirall, or of that Proprietor, in
whose Court he is then present, and the Proprietor
in whose Court the Palatine then presides, shall
during his presence there, be but as one of the Councill

24 The cheife Justice court consisting of one of
the Proprietors, and his Six Councellors, who
shall be called Justices of the Bench, and shall
judge all Appeales both in cases civill and criminall
excepting all such Cases as shall be under the
Jurisdiction, and Cognisance of any other of the
Proprietors Courts, which shall be tryed in those Courts
respectively, The Governement and Regulation
of the Registries of Writings and Contracts, shall

any Towne, shall be the private Posession of any Man,
The yearly value of the said Land by the Acre, shall
be rated by a Jury of twelve Men of the same Precinct
and the Towne shall be obliged to Pay to the Owner
of the said Ground, for so much as they build on, or
otherwise make use of, the first fourteene yeares after
their building on it, the rate sett by the said Jury Men

And from the 14th yeare to the 31th, one Moity more
and from the 31th yeare forward, double the value sett
by the Jury as a Ground Rent for ever

And if the Owner of the said Ground shall receive
any Dammage, either in Building, Plantation, or
any other conveniency, which is upon the Ground so
chosen by the high Stewards Court, to place a Towne
on, the same also shall be estimated by the said
Jury, and care taken by the said high Stewards Court,
that ample satisfaction be given him, by such way as
the said high Stewards Court shall Order

And when any Plott of Ground, shall be so sett
out to build a Towne on, it shall be lawfull for any
{*} freeman of Carolina, to build thereon, according to the
Modell and Direction of the said High Stewards
Court, which house, and what belongs to it, shall be his
freehold, he only paying for the Ground of his house,
Yard, Garden &c, as the said high Stewards Court
shall direct

30 The Treasurers Court consisting of a
Proprietor, and his Six Councellors, called
Under Treasurers, shall take care of all matters
that concernes the Publick Revenue, and Treasury

The twelve Assistants, shall be called Auditors

31 The Chamberlaines Court consisting of a Proprie
tor, and his Six Councellors, called Vice Chamberlaines
shall have the powr to convocate the Grand Councill,
shall have the care of all Ceremonies, Precedencies,
heraldry, Reception of Publick Messengers &c
Pedigrees, the Registries of all Births, Buryalls, and
Marriages, Legitimation, and all cases concerning
Matrimony, or arising from it And shall also have
power to regulate all fashions, Habitts Badges, Games
and Sports, The twelve Assistants belonging to this
Court shall be called Provosts

32 All causes belonging to, or under the Jurisdiction
of any of the Proprietors Courts, shall in them
respectively be tryed, and ultimately determined, without
any further Appeale

33 The Proprietors Courts, shall have a Power to
mitigate all fines, and suspend Execution either
before or after sentence, in any of the other respective
inferiour Courts

34 In all Debates, Hearings, or Tryalls in any of
the Proprietors Courts, The twelve Assistants
belonging to the said Courts respectively, shall have
Liberty to be present, but shall not interpose, unlesse
their Opinion be required, nor have any Vote at all

But their businesse shall be by Direction of the
respective Courts to prepare such buisinesse, as shall be
committed to them, as also to beare such Officers, and
Dispatch such affaires, either where the Court is
kept, or elsewhere, as the Court shall thinke fitt

In all the Proprietors Courts any three shall
make a Quorum

35 The Grand Councill, shall consist of the
Palatine, and seaven Proprietors, and the
fourty two Councellors of the severall Proprietors
Courts, who shall have Power to determine any
Controversies, that may arise betweene any of the
Proprietors Courts, about their respective Jurisdictions
to make Peace and Warre Leagues Treaties &c
To issue out their generall Orders to the Constables
and Admiralls Courts, for the raising disposing or
disbanding the forces by Sea or Land, To prepare
all matters to be proposed in Parliament, And no
Tax, nor any Law or matter to be proposed debated
or voted in Parliament, but what hath first passed the
Grand Councill, and is by them presented to the
Parliament, Nor shall any Bill, prepared to be enacted,
nor any antiquated Law be voted or past into an act
of Parliament, or be at all obligatory, unlesse it be
three severall dayes read openly in the Parliament, and
then afterwards by majority of Votes enacted, during the
Same Session, wherein it was thrice read

36 The Grand Councill, shall alwaies be
Judges of all causes, and Appeales, that shall
concerne the Palatine, or any of the Proprietors, or
any Councellor of any Proprietors Courts, in any case
which otherwise should have been tryed in that Court,
in which the Councellor himselfe is Judge

37 The Quorum of the Grand Councill shall
be thirteene, whereof a Proprietor or his
Deputy to be alwayes one

38 The Grand Councill by their Warrants to the
Treasurers Court, shall dispose of all the Money given
by the Parliament, and by them designed to any particular
Publick use

39 The Palatine or any of the Proprietors shall have
power by Deputation under hand and Seale to be
registred in the grand Councill, to make a Deputy who shall
have the same Power, to all intents and purposes as he himselfe
that Deputes him, except in Confirming Acts of Parliament
as in Article the 12th

All such Deputations shall cease and determine of them-
selves, at the end of two yeares, and at any time within the
two yeares, shall be revocable at the pleasure of the Deputator

No Deputy of any Proprietor shall have any Power
whilst the Deputator is in any part of Carolina

40 During the Minority of any Proprietor, his Guardian
shall have Power to constitute and appoint his Deputy

41 No Member of Parliament, Councellor, or Assistant
or Justice, shall have power to Constitute a Deputy,
or doe any thing by Proxy in their respective Places

42 The Palatines Deputy, shall alwayes be a Proprietor,
if any such be in Carolina, and if no Proprietor be
{*} in Carolina, the eldest sonne of Proprietor if any such
be in Carolina, but for want of such, he shall have
Liberty to choose any Landgrave of the Grand Councill
to be his Deputy

43 The Proprietors Deputy shall be alwaies one of
their owne Six Councellors respectively

44 In every Colony there shall be a Court, which
shall have the Power of a Court Leet, and hundred
Court, and shall hold Plea of all personall Actions, not
exceeding Ten pounds without Appeale

45 In every Precinct there shall be a Steward,
and foure Justices of the Precinct, Inhabitants, and
having three three hundred Acres of freehold within the Precinct

Who shall judge all criminall causes, except for Treason
Murther, and any other offences punished by Death, and all
civill causes whatsoever, and in all personall Actions
not exceeding fifty pounds, without Appeale

But where the cause shall exceed that value, or
concerne a Title of Land, there either party upon
Paying of ten Pounds to the Proprietors, shall have
Liberty of Appeale unto the County Court

46 In every County there shall be a Sheriffe and foure
Justices of the County being Inhabitants, and having
each of them at least five hundred Acres of freehold, within
the said County, to be chosen and Commissionated from
time to time, by the Palatine and Proprietors, who shall
try and Judge all Appeales from any of the Precinct
Courts

47 For any personall causes exceeding the Value
of Two hundred pounds, Or Title of Land either
party upon Paying of twenty Pounds, unto the Proprietors
use, shall have Liberty of Appeale, from the County
Court unto the Proprietors Court

48 For Treason and Murther, and all other Offences
punishable by Death, there shall be a Commission
twice every yeare at least graunted unto one or more of
the Members of the Councills, or Colledges, who shall
come as Itinerant Judges, to the severall Counties, and
with the Sheriffe and foure Justices, shall hold Assizes
and judge all such causes

49 For tearmes, there shall be such a certaine Number
of Dayes, not exceeding fourteene, at any one time,
as the severall respective Courts shall appoint

And the time for sitting for the Precinct Court, shall
begin the first Munday of January, Aprill, July, and
October, And for that County Court the first Munday
of February, May, August, and November:

And for the Proprietors Court the first Munday of
March, June, September, and December:

50 For Juries in the Colony Court any Housholder
in capable of being a Juryman, In the Precinct
Court, no man shall be a Juryman under fifty Acres
of free hold, In the County Court, no man shall be a
Juryman under two hundred Acres of freehold, and in
the Proprietors Court, no man shall be a grand –
Juryman, under five hundred Acres of freehold

51 In every Signiory, and Barony, the Lord shall
have power in his owne Name, to hold Court there
for Trying of all causes both civill and criminall
except Treason, or Murther, But where it shall
concerne any other person being no Inhabitant, Vassall
or Leetman of the said Barony, or Signiory he upon
paying downe of forty shillings, unto the Proprietors use
shall have an Appeale from thence unto the County Court

And if the Lord be cast to repay unto the Appealant,
the said fourty shillings with other Charges

66 No Person above 16 yeares of Age shall have
any benefitt or Protection of the Law, or be capable
of any Place of Profit, or honour, who is not a Member
of some Church or Profession, having his Name recorded
in some one, and but one Religious Record at once

67 The Religious Record of every Church or Profession
shall be kept by the Publique Register of the Precinct
where they reside

68 No man of another Church or Profession shall
disturbe or molest any Religious Assembly

69 No Person whatsoever shall speake any thing in
their Religious Assembly, irreverently, or seditiously
of the Governement or Governours or States matters

70 Any person subscribing the tearmes of Communion
of any Church or Profession, in the Record of the
said Church, before the Precinct Register, and any one
Member of the said Church, or Profession, shall be
thereby made a Member of the said Church or Profession

72 No Person shall use any Reproachfull Reviling
or abusive Language, against the Religion of any
Church or Profession, that being the certaine way of
disturbing the Publick Peace, and of hindring the Conversion
of any to the Truth, by engaging them in quarrells, and
animosities, to the hatred of the Professors, and that
Profession which otherwise they might be brought to
assent to

731 Any person striking out his owne Name out of
any Record, or his name being struck out by any
Officer thereunto authorized, by any Church or Profession
shall cease to be a Member of that Church or Profession

73 Since Charity obligeth us to wish well to the Soules
of all Men, and Religion ought to alter nothing
in any mans Civill Estate or right, It shall be
lawfull for Slaves, as all others to enter themselves,
and be of what Church any of them shall thinke best,
and thereof be as fully Members as any freeman

But yet no Slave shall hereby be exempted from
that civill Dominion, his Master had over him, but be
in all other things in the same state and condition he
was in before

{*} Any freeman of Carolina, who hath Slaves, shall
have an absolute arbitrary Power, over the Lives Liberties
and Persons of his Slaves, and their Posterities, to punish
them with Death or otherwise, when and for what cause
soever he shall thinke fitt

74 Assemblies upon what Pretence of Religion
soever, not observing and performing the abovesaid
Rules, shall not be esteemed as Churches, but unlawfull
Meetings, and be punished as other Riotts

75 No Person whatsoever shall disturbe molest or
Persecute another for his Speculative Opinions
in Religion, or his way of Worship

76 No person whatsoever shall hold or claime any
Land in Carolina by Purchase Guift or otherwise
from the Natives, or any other person whatsoever, but
meerly from and under the Proprietors, upon paine of
forfeiture of all his Estate, Mooveable, or unmooveable
and perpetuall banishment

77 Who ever shall posesse any freehold in Carolina,
upon what Title or Graunt soever, shall at the
farthest from and after the yeare 1689, pay yearly
unto the Proprietors for each Acre of Land English
measure, as much fine Silver, as is at this present in
one English penny, Or the value thereof to be as a
cheife Rent, and acknowledgement to the Proprietors
their heires; and Successors for ever

But because the Landgraves and Cassiques cannot
presently manure and Stock, all the Lands belonging
to their Dignity, they shall after the yeare 1689 pay
for no

And it shall be lawfull for the Proprietors by their
Officers, at any time to take a new Surveigh of any
mans Lands, not to out him, of any part of his Posession,
but that by such a Surveigh the just number of Acres
he posesseth may be knowne, and the rent thereupon due
may be paid by him

78 All Wrecks, Mines, Mineralls, Quarries of
Gemmes, and pretious Stones, with whale fishing,
and Pearle fishing, and the halfe of all Amber Greece,
by whomsoever found shall wholy belong to the Proprietors

All the Revenues, or Profitts arising out of any
thing but their distinct particular Lands, and Posessions
and belonging in common to the Proprietors shall be
divided into ten parts, whereof the Palatine shall have
three, and each Proprietor one, But if the Palatine
shall governe by a Deputy, his Deputy shall have
one of those 3/10, and the Palatine the other 2/10

79 All Inhabitants, and freemen of Carolina above
16 yeares of Age, and under Sixty shall be bound
to beare Armes, and serve as Souldiers, when ever the
grand Councill shall find it necessary /