(August 1682) – PRO 30/24/48
Fundamental Constitutions
erectinga numerous Democracy — Wee the Lords and Proprietors of the Province aforesaid have agreed to this Following Forme of Government to bee perpetually established amongst us, unto which Wee doe Oblidge Our Selves our heirs, Assignes and Successors In the most binding ways that can be devised
{2 In the said article of the third Constitution are the same words as in this as farr as the mark* and then follows (The Eldest Proprietors shall have his choice of the said places) & no more in that Article} There shall be Seaven other cheif Offices erected, vizt
The Admiralls Chamberlaines Chancellors, Constables, Cheif
Justices High Stewards and Treasurers which places shall be enjoyed
by none but the Lords Proprietors, to be Assigned at first by Lott
and upon the vacancy of any of the Seaven great Officers by death
or otherwise,* the Eldest of those who were Proprietors the First of
March One thousand Six hundred Sixty and Nine shall have his
choice when none of them are living, he that hath been longest a
Proprietor shall have his choice, But after the year one thousand
Seaven hundred If none of those that were Proprietors In the yeare
one thousand Six hundred Sixty and Nine are then Living. the eldest
man of the then Lords Proprietors shall have his choice.
{3 In the 3rd article of the third Constitutions are the same words as in this} The whole province shall be devided into Countys Each
County shall consist of Eight Signiorys, Eight Baronies and
Four Precincts, Each Precinct shall consist of Six Colonies
{4 The same as in the third Constitutions} Each Signiory Baron and Colony shall consist of twelve
thousand acres, the Eight Signiorys being the Share of the Eight
Proprietors and the Eight Baronys of the Nobility both which shares
being each of them one Fifth part of the whole are to be perpetually
annexed, the one to the Proprietors, the other to the Hereditary
Nobility Leaving the Colonies being three Fifths among the People
that Soe in Setting out and planting the Lands the Ballance of the
Goverment may be preserved.
{5 The same as in the third Constitutions} Att any time before the year One thousand and Seaven hundred
and one Any of the Lords Proprietors shall have power to relinquish
Alienate and Dispose to any other person his Proprietorship and all the
Signiories powers and Interest thereunto Belonging wholly and Intirely
together and not otherwise, But after the yeare one thousand Seaven
hundred those who were then Lords Proprietors shall not have power to
alienate or make over their Proprietorships with the Signiories and Pri-
viledges thereunto belonging or any part thereof to any person whatsoe-
ver otherwise then as in 17 But It shall all defraid unto their Heirs
male and for want of heires male It shall all descend on that Landgrave
or Cassique of Carolina who is descended of the next heir female of the
said Proprietor, And for want of Such Heirs It shall all descend on the
next Heir Generall, And for want of such Heirs the remaining Seaven
Proprieors shall upon the vacancy choose a Landgrave to Succeed, the deceased
Proprietor who being chosen by the majority of the Seaven Surviving Proprietors
He and his Heirs Successively shall be Proprietors as full to all Intents and
purposes as any of the rest.
{(6) The same as in the third Constitutions} That the number of Eight Proprietors be constantly kept, If upon
the vacancy of any Proprietorship the Seaven Surviving Proprietors shall not
choose a Landgrave to be Proprietor before the Second Biennial Par-
liament after the vacancy, Then the next Biennial Parliament but one
after such vacancy shall have power to choose any Landgrave to be
Proprietor
{7 The same as in the third Constitutions} Whosoever after the year one thousand Seaven hun-
dred either by Inheritance shall succeed any Proprietor in his Pro-
prietorship and Signiorys thereunto belonging shall be oblidged to take
the name and Armes of that Propretor whom he Succeeds which from
thence forth shall be the name and Armes of his Family and their
posterity.
{The 8th article of the 3rd Constitutions containes these words (whatsoever Landgrave or Cassique shall any ways come to be a Proprietor shall take the Seignerys annexed to the said Proprietorship but his former Dignity with the Baronys annexed shall Devolve into the hand of the Lords Proprietors. )} There shall be just as many Landgraves as there are countys
and twice as many Cassiques and no more; These shall be the Heredi-
tary Nobility of the Pronvince, And by right of their Dignity be
Members of Parliament. Each Landgrave shall have Four Baronies and
each Cassique two Baronies hereditarily and unalterably annexed to
and settled upon the said Dignity.
{8 This 8th article is the same as the 9th article of the third Constitutions. }
9 The First Landgraves and Cassiques of the twelve first countys
to be planted shall be nominated thus; That is to say xx of the twelve
{This 9th Article is the same as the 10th Article of the third Constitutions} Landgraves, the Lords Proprietors shall each of them separately for
himself nominate and choose one, And the remaining Four Landgraves
of the First twelve shall be nominated and chosen by the Palatines court
In like manner of the twenty Four First Cassiques each Proprietor for
himself shall nominate and choose two., And the remayning Eight shall
be nominated and chosen by the Palatines Court, And when the
twelve First countyes shall be planted The Lords Proprietors shall again
in the same manner nominate and chuse twelve more Landgraves and
twenty Four Cassiques for the twelve next countyes to be planted, That
is to say two thirds of each number by the single nomination of Each
Proprietor for himself and the remaining one third by the Joint Election
of the Palatines Court And soe proceed in the same manner till the
whole Province of Carolina bee sett out and planted according to the
proportions in these Fundamental Constitutions.
{10 The same as the Eleventh Article of the third constitutions} Any Landgrave or Cassique at any time before the yeare one
thousand Seaven hundred and one shall have power to alienate sell, or
make over to any other person his Dignity with the Baronies thereunto
belonging all Intirely together, But after the year One thousand seaven
hundred noe Landgrave or Cassique shall have power to alienate sell
make over or Lett the hereditary Baronyes of his Dignity or any part
thereof otherwise then as in 17. But they shall Intirely with the
Dignity thereunto belonging descend unto the Heirs male And for want
of heires male, All Intirely and undivided to the next heir General And
for want of such heires shall devolve into the hands of the Lords Proprietors
{11 The same as in the 12th article of the third Constitutions} That the due number of Landgraves may be always kept up and
also of Cassiques, If upon the devolution of any Landgraves or Cassiques the Pala-
tines Court shall not settle the Devolved Dignity with the Baronyes the-
reunto annexed before the Second Biennial Parliament after such devolu-
tion, the next Biennial Parliament but one, after such devolution shall
have power to make any one Landgrave or Cassique in the name of him
who dyeing without heires, his dignity and Baronys devolved
{12 The same as the 13th article of the 3rd Constitutions}> Noe one person shall have more then one dignity with the Signio-
ryes or Baronyes thereunto belonging, But whensoever It shall happen, that
any one who is already Proprietor Landgrave or Cassique shall have any
of these dignities descend to him by Inheritance it shall be at his choice
to keep which of the dignityes with the Lands annexed he shall like best
but shall leave the other with the Lands annexted to bee Injoyed by him who
not being the Heir apparent and certaine Successor to his [presend] dignity
is next of Blood.
{13 The same as the 14 Article of the third Constitutions} Whosoever by Right of Inheritance shall come to be
Proprietor Landgrave or Cassique shall take the name and armes of his
predecessor in that dignity to be from thenceforth the name and armes of
his Family and their posterity.
{14 The same as in the 15th Article of the third Constitutions} Since the dignity of Proprietor Landgrave or Cassique cannot
be devided and the Seigniories or Baronies thereunto annexed must for ever
all Intirely descend with and accompany that dignity whensoever for
want of heirs male It shall descend on the Issue female the eldest Daugh-
ter and her heires shall be preferred and in the Inheritance of those
dignitys and in the Seigniories or Baronies annexed there shall be no Coheires.
{15 The same as in the 16th Article of the third Constitutions } In every Seigniory, Barony, and Mannor the respective Lords shall
have power in his own name to hold Court Leet there for tryeing of all
causes both Civil and Criminal, But where it shall concerne any person being
no Inhabitant Vassal or Leet man of the said Seigniory Barony or Manor
he upon payeing downe of Forty Shillings to the Lords Proprietors we shall
have and appeale from the Seigniory or Barony court to the County
Court and from the Mannor Court to the Precinct Court
{ 16 The same as in 17th article of the third Constitutions} Every Mannor shall consist of not less than three thousand
acres and not above twelve thousand acres in one Intire peece and Colony
But any three thousand acres or more in once peece and the possession of one
man shall not be a Mannor unless it be constituted by the Grant of the
Palatines Court
{17 The same as in the 18th article of 3d Constitutions}
The Lords of the Seigniorys and Baronies shall have power onely
of granting estates not exceeding three lives or thirty one years in two thirds
of the said Seignioryes or Baronies, And the remaining third shall be always
demeasne.
{18 The same as in the 19th article of the third Constitutions}
Any Lord of a Manor may alienate sell or dispose to any other person
and his heires for ever his manor all Intirely together withall the Privi-
ledges and Leet men thereunto belonging soe farr forth as any other Colony
Lands, But noe grant of any part thereof either in fee or for any longer
terme then three Lives or one and twenty years shall be good against the
the next heires.
{19 The same words in the 20th article of the third Constitutions}
Noe Manor for want of Issue male shall be divided amongst Coheirs
But the Manor, if there be but one, shall all Intirely descend to the Eldest
Daughter and her heires, If there be more manors then one, the Eldest
Daughter first shall have her choice the second next and so on, beginning
again at the Eldest till all the manors be taken up, That soe the priviledges,
which belong to the Manors being Indivisible the Lands of the manors to which
they are annexed may be kept Intire and the manor not loose those
priviledges which upon parcelling out to severall owners must necessarily cease
{20 The same words in the 21th article of the third Constitutions}
Every Lord of Manor within his Manor shall have all the powers
Jurisdictions and priviledges which a Landgrave or Cassique hath in his Baronies.
{21 The same words in the 22d article of the 3d Constitutions}
In every Seigniory Barony and Manor all the Leet men shall be under the
Jurisdction of the respective Lord of the said Seigniory Barony or manor
without appeale from him nor shall any Leet man or Leet woman have liberty
to goe off from the Land of their particular Lord and live any where else
without Licence obtained from their said Lord under hand and Seale.
{22 The same words in the 23 article of the third Constitutions}
All the children of Leet men shall be Leet men and soe to all Generations.
{23 The same words in the 24 article of the third Constitutions}
Noe man shall be capable of haveing a court Leet or Leetmen but
a Proprietor, Landgrave Cassique or Lord of a Manor.
{24 The same words in the 25 article of the third Constitutions}
Noe man shall be a Leet man but such as voluntarily enters himself
a Leet man in the county Court, in the open Court and there so Registers
himself.
{25 The same words in the 26 article of the third Constitutions}
Whosoever is Lord of the Leet men shall upon the
marriage of a Leet man or Leet woman of his give them ten acres of Land
for their lives, They payeing to him therefore not more then one Eighth
part of all the yearly produce and growth of the said ten Acres.
{26 The same words in the 27 article of the third Constitutions as in this as farr as this mark * and no more}
Noe Langrave or Cassique shall be tryed for any Criminal cause
in any but the Cheif Justices Court And that by a Jury of his Peers*
drawne by a Lot out of all the Nobility after the manner of other Juries.
But when there is not a sufficient number of the Nobility in Carolina
then the Juries for the tryall of any Landgrave or Cassique shall be made
up by Lot with such of the Commons as are qualifyed to Serve as Jury men
in the Proprietors Courts.
{27 The same words in the 28 article of the third Constitutions}
There shall be Eight Supreame Courts, the First called the
Palatines Court consisting of the Palatine and the Seaven other
Proprietors, The other Seaven Courts of the other Seaven great offices
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 Assitance, the twelve Assistants of the Severall Colledges
shall be chosen; two out of the Landgraves Cassiques or eldest Sons of
Proprietors by the Palatines Court, two out of the Landgraves by the Land-
graves Chamber, two out of the Cassiques by the Cassiques Chamber
Four more of the twelve shall be chosen by the Commons Chamber out of
such as have been or are Members of Parliament Sheriffs or Justices of
the County Court or the younger sons of Proprietors or Eldest Sons of
Landgraves or Cassiques; the two other shall be chosen by the Palatines Court
out of the same sort of persons out of which the Commons Chamber is to choose
{ 28 The same words in the 29 article of the third Constitutions}
Out of these Colledges shall be chosen at First by the Palatines
Court Six Councellors to be Joined 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 Eldest Sons of
Proprietors, one of those who were chosen by the Landgraves Chamber, and
one out of those who were chosen by the Cassiques Chamber, two out of
those who were chosen by the Commons Chamber, and one out of those who
were chosen by the Palatines Court out of the Proprietors’ youngest Sons or
Eldest Sons of the Landgraves Cassiques or Commons qualifyed as aforesaid.
{29 The same words as farr as where it is marked* &c then follows (And thereby, there is a vacancy the Grand Councill shall have power to remove any Councellor that is willing to be removed out of any of the Proprietors courts to fill up the vacancy provided they take a man of the same Degree &c choice the other was of, whose vacant place is to befilled up. But if noe Councellor consent to be removed or upon such remove, the last remayning vacant place in any of the Proprietors Courts shall be fill’d up by the choice of the GrandCouncil who shall have power to remove out of any of the Colledges Any Assistant who is of the same Degree & choice that Councellor was of into whose vacant place he is to succeed. The Grand Councill alsoe shall have power to remove any Assistant that is willing out of one Colledge into another, provided he be of the same degree and choice. But the last remayningvacant place in any Colledge shall be fill’d up by the same choice and out of the same Degree of persons the Assistant was of who is dead or removed. No place shall be vacant in any Proprietors Court above six months, no place shall be vacant in any Colledge longer then the next Session of Parliament and so ends the 30 article of the third Constitutions}
When it shall happen that any Councellor dyes* or is removed and
thereby there is a vacancy, he that hath been longest a Councellor in any
of the Proprietors Court of the same degree and choice the other was of
whose vacant place is so filled up, shall have his choice whether he will re-
move into the place of the person that is dead, or removed, But if he refuses to
remove, the next in Seniority of the same degree and choice shall have his
choice. And soe of course the rest in order, And the last remaining vacant
place in any of the aforesaid Proprietors Courts shall be filled up by him that
hath been longest of any of the Colledges being of the same degree and choice
with him that is dead or removed and he that is next of seniority in the same
degree and choice shall have power to remove himself if he please into
that colledge where any place shall be vacant, And soe of course the rest
as in case of Councellors. But the last remaining vacant place in any
Colledge shall be filled up by the same choice and out of the same degree of
persons that he was of who is dead or removed, no place shall be vacant in the
Proprietors Courts or Colledges longer than the next session of Parliament.
Noe man being a Member of the Grand Councill or of any of
the seven colledges shall be turned out but for misdemeanor* by the Vote of
three fifths of the Grand Councill, three severell days or by Sentence in
Parliament as in 81, And the vacancy of the persons so put out shall be
filled as is provided in case of the death of any Councellor.* But it is not
hereby to be understood that the Grand councill hath any power to turne out
any of the Lords Proprietors, or their Deputies, the Lords Proprietors
haveing in themselves an Inherent original Right
{ 31 The same words in the 32d article of the third Constitutions}
All elections in the Parliament in the severall Chambers of the
Parliament and in the Grand Councill shall be passed by Balloting.
{32 The same words in the 33d article of the third Constitutions as it is in this as farr as where it is marked * and then follows (to pardon all Offences to make Elections of all officers in the Proprietors dispose to nominate & apoint port-townes, And also shall have power by their Order to the Treasurer to dispose of all publique treasure excepting money, granted by the Parliament and by them directed to some particuler publique use, and also shall have a negative upon all Acts orders votes & Judgements of the Grand Councill and Parliament except onely as in 6 &12) And sogoes on as it is in this article from this mark * to the end}
The Palatines Court shall consist of the Palatine and the
Seavan other Proprietors wherein nothing shall be acted without the presence
and consent of the Palatine or his Deputy and three others of the Pro-
prietors or their Deputies, This Court shall have power to call parliaments*
to make Elections of all Officers in the Proprietors dispose to nominate
and appoint port Townes, And with the consent of the Grand Councill
to pardon all offences Except of such persons as are for male Administra-
tion of any publique charge condemned or any way sentenced by the Par-
liament whose Sentence on such malefactors no body shall have power to
suspend remitt or mitigate But the parliament it Self And also shall have
power by their order to the Treasurer to dispose of all publique treasure Excep-
ting money granted by the parliament and by them directed to some particular
publique use, And also shall have a negative upon all acts orders & votes
of the Grand Councill and the Parliament, except in Judgements and Judi-
cial proceedings as in 6 : 11: 30: and 81 Articles. And shall have power to displace
any officer of the Militia,* and shall have all the powers granted to the Lords
Proprietors by their Patent from our Soveraigne Lord the King Except in
such things as are Limited by these Fundamental Constitutions.
{33 The same words in the 34 article of the third Constitutions (onely his Vice Palatine or Deputy) are not Incerted in that article}
The Palatine himself,* or his Vice Palatine or Deputy when
he In person shall be either in the Army or in any of the Proprietors courts
shall then have the power of General of that Proprietor In whose court
he is then present, And the Proprietor In whose court the Palatine or his
Deputy then presides shall dureing his presence there be but as one of the
Councill.
{ 34 The same words in the 35 article of the third Constitutions}
The Chancellors Court consisting of one of the Proprietors and his
six Councellors who shall be called Vice Chancellors shall have the
custody of the Seale of the Palatinate under which all Charters of Lands
or otherwise Commissions and Grants of the Palatines Court shall pass
And it shall not be Lawfull to put the Seale of the Palatinate to any
writings which is not signed by the Palatinate or his Deputy and three other
Proprietors or their Deputies, to this Court also belongs all State Matters, Dis-
patches and Treaties with the Neighbour Indians. To this Court alsoe belongs
all Invasions of the Law of Liberty, of conscience, and all disturbances of the
publique peace upon pretence of Religion as also the Licence of printing. The twelve Assistants belonging
to this Court shall be called Recorders.
{35 The same words in the 3d Constitutions Article 36}
Whatever passes under the Seale of the Palatinate shall be
registred in that Proprietors Court to which the matter therein conteyned belongs.
{36 The same words in the third Constitutions Article 37}
The Chancellor or his Deputy shall be always Speaker in Parliament
and President of the Grand Councill. And in his and his Deputys absence one
of his Vice Chancellors.
{37 The same words in the third Constitutions article 38}
The Chief Justices Court consisting of one of the Proprietors
and his Six Councellors who shall be called Justices of the Bench shall
Judge all appeales in Cases both Civil and Criminal Except all such cases
as shall be under the Jurisdiction and Cognizance of any other of the
Proprietors Courts which shall be tryed in those Courts respectively, the
Goverment and regulation of the Registries of writings and Contracts shall
belong to the Jurisdiction of this Court. The twelve assistants of this court
shall be called Masters.
{38 The same as it is in the third Constitutions only for * (masters of the Ordinance) it is said Lieutenant Generalls article 39. }
The Constables Court consisting of one of the Proprietors and his Six
Councellors who shall be called Marshalls shall order and Determine of all in
Military affaires By Land and all Land forces Armes, Ammunition, Artillary,
Garisons and Forces &c: and whatsoever belongs unto warr, His twelve As-
sistants shall be called *masters of the ordinance.
{
39 The same words in the third Constitutions as it is here to the marke * and then follows (And the Six Councellors or each of them as the Palatines Court shall for that time or service appoint shall be the Immediate great officers under him and the Lieutenant Generalls next to them) and so ends the 40 article of the third Constitutions. }
In time of actual warr the Constable whilst he is in the army
shall be General of the Army,* Except the Palatine be there in person
or his Deputy who when present shall be General as in 33.
{ 40 The same in the third Constitutions 41 article as here The42 article of the 3d Constitutions is thus -( In time of actual war the Admirall whilst he is at sea shall command in cheif and his six Councellors or such of them as the Paltaines Court shall for that time and service appoint, shall be Immediate Great Officers under him and theProconsuls next to them}
The Admirals Court consisting of one of the Proprietors and
his six Counsellors and Consuls shall have the care and Inspection
over all ports Moles and Navigable Rivers soe farr as the Tide flowes
and alsoe all the publique shiping of Carolina and Stores thereunto be-
longing and all Maritime affairs. This Court shall have alsoe the power
of the Court of Admiralty and shall have power to Constitute Judges
in Port Townes to try Cases belonging to the Law Merchant as shall be
most convenient for trade. The twelve Assistants belonging to this Court shall
be called Proconsuls.
{ 41 The same words in the 43 article of the third Constitutions as here}
The Treasurers Court Consisting of a Proprietor and his Six
Councellors called Under Treasurers shall take care of all matters that
concern the publique Revenue and treasury. The twelve Assistants shall
be called Auditors.
{ 42 The same words in the 44 article of the third Constitutions as it is here}
The High Stewards Court consisting of a Proprietor and his Six Councellors
called Comptrollers shall have the care of all Forreigne and Domestick trade
Manufactures publique Buildings Work houses, high ways, passages by water
above the flood of the tide, Draines, Sewers, Banks against Inundations, Bridges
posts, Carriers, Faires, markets, corruption or Inspection of the Comon Agre
or Water, And all things in order to the publique Commerce andhealth, alsoe
setting out and surverying of Land And alsoe setting out and appointing places
for Townes to be built on In the precints, and the prescribing and determining
the figure and Bigness of the said townes according to such modells as the said
Court shall order, Contrary or differing from which Modells It shall not be
Lawful for any one to build in any townes. This Court shall have power alsoe to make any
publique Building or any new high way or enlarge any old high way upon any
Mans Land whatsoever As also to make Cutts, Channels, Banks, Locks
and Bridges for makeing rivers navigable, or for draining Fenns or any other
publique use, The Damage the Owner of such Lands, on or through which any
such publique thing shall be made, shall receive thereby shall be valued and sa-
tisfaction made by such ways as the Grand Council shall appoint. The twelve
Assistants belonging to this Court shall be called Surveyors.
{43 The same words in the 3d Constitutions as here article 45}
The Chamberlaines Court consiting of a Proprietor and his Six
Councellors called Vice Chamberlaines shall have the care of all Ceremo-
nies, precedency, Heraldy, Reception of publique Messengers, Pedigrees,
The Registry of all Births, Burials and Marriages Legitimation and all
Cases concerning a Matrimony or ariseing from it, And shall alsoe have
power to regulate all fashions habits, Badges Games and Sports. To this
Court alsoe it shall belong to Convocate the Grand Council. The twelve
Assistants belonging to this Court shall be called Prevosts.
{44 The same words in the 3d Constitutions as here Article 46}
All Causes that belong to or under the Jurisdction of any of the Proprietors
Courts shall in them respectively be tryed and ultimately be determined
without any further Appeale.
{45 The same words in the 3d Constitutions as here Article 47}
The Proprietors Courts shall have power to mitigate all Fines
suspend all Executions in Criminal causes either Either before or after Sentence
in any of the Inferior Courts respectively.
{46 The same words in the 3d Constitutions as here Article 48}
In all Debates, hearings or Tryals 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 unless their opinions be required
nor have any Vote at all, But their Business shall be by the Direction of
the respective Courts to prepare such businesses as shall be committed to them
As alsoe to beare such Offices and dispatch such affaires, Either where the
Court is kept or else where as the Court shall think fit.
{47 The same words in the 3d Constitutions as here Article 49}
In all the Proprietors Courts the Proprietor and any three of his Coun-
cellors shall make a Quorum provided always for the better dispatch of
Business It shall [be] in the power of the Palatines Court to direct what
sort of Causes shall be heard and Determined by a Quorum of any three.
{48 The same words in the 3d Constitutions as here as farr as where it is marked * and then follows (by land or by sea) & so ends the 50 Article of the 3d Constitutions}
The Grand Council shall consist of the Palatine and Seaven
Proprietors And the Forty two Councellors of the Severall Proprietors Courts
who shall have power to determine any Controversies that may arise Between
any of the Proprietors Courts about their respective Jurisdictions or between
the members of the same Court about their manner and methods of proceedings
{The 51 Article of the 3d Constitutions that relates to the 49. here is thus ( The Grand Councill shall always be Judges of all Causes, prepare all matters to be proposed to the Parliament nor shall any matter be proposed in Parliament but what has first passed the Grand Councill which after having been read 3 severall days in the Parliament shall by majority of votes be passed or Rejected}
to make peace and warr, Leagues, Treaties &c: with any of the Neighbour
Indians, To Issue out their General orders to the Constables and Admirals
Courts for the raiseing and disposeing or disbanding the Forces by Land
or by Sea or themselves disband any Forces* when they see fit by proclama-
tion or otherwise, And to choose the Collonells and other Inferior
Officers and Comanders of the Militia or posse of Carolina and present
them to the Palatine to be Comissioned by him.
{49 The same words in the 52 article of the 3d Constitutions as farr as it is marked* in this 49 article and noe more}
The Grand Council shall always be Judges of all Causes and
Appeales that concerne the Palatine or any of the Lords Proprietors
or any Councellor of any Proprietors Court in any Cause which otherwise
should have been tryed in the Court in which the said Councellor is Judge
himself* And their votes In such Cases shall be by Ballot.
{50 The same words in the 3d Constitutions as here}
The Grand Council by their Warrants to the Treasurers shall dispose
of all the money Given by the Parliament and by them directed to any particu-
lar publick use.
{51 The same words in the 3d Constitutions as here}
The Quorum of the Grand Council shall be Thirteen whereof a
Proprietor or his Deputy shall be always one.
{52 The same words in the 3d Constitutions as here}
The Grand Council shall meet the First Tewsday in every month
and as much oftner as Either they shall think fit, or they shall be convocated
by the Chamberlaines Court.
{53 The same words in the 3d Constitutions as here}
The Palatine or any of the Lords Proprietors shall have power under
hand and Seale to be Registred in the Grand Council to make a Deputy
who shall have the same power to all Intents and purposes as he himself who
deputes him Except in Confirming of Acts of Parliament as in 83: and Except
also in nominating and choosing Landgraves and Cassiques as in 9: All
such Deputations shall cease and determine at the end of Four years and
at any time shall be Revoakable at the Pleasure of the Deputator.
{54 The same words in the 3d Constitutions as here}
Noe Deputy of any Proprietor shall have any power whilst the Depu-
tator is in any part of Carolina Except the Proprietor whose Deputy he is
be a Minor
{55 The same words in the 3d Constitutions as here}
Dureing the minority of any Proprietor his Guardian shall have
power to Constitute and appoint his Deputy.
{56 The 59 Article of the 3d Constitutions is thus (The Eldest of the Lords Proprietors who shall be personally in Carolina shall of course be the Palatines Deputy, And if noe Proprietor be in Carolina he shall choose his Deputy, out of the heirs apparent of any of the Lords Proprietors if any such be there and if there be no heir apparent of any of the Lord Proprietors above 21 years old in Carolina then he shall choose for Deputy any one of the Landgraves of theGrand Councill and till he have by Deputation under hand and seale chosen any one of the forementioned heirs apparent or Landgraves to be his Deputy, the Eldest man of the Landgraves and for want of a Landgrave the Eldest man of the Cassiques who shall be personally in Carolina shall of course be his Deputy )}
The Eldest of the Lords Proprietors who were Proprietors the First of
March one thousand Six hundred Sixty and Nine who shall be personally
in Carolina shall of course be the Palatines Deputy or Vice Palatine And
If no such Proprietor be in Carolina he that hath been longest a Proprietor and
is in Carolina and of the age of twenty one years shall be the Pala-
tines Deputy or Vice Palatine, But after the year One thousand Seaven
hundred and the decease of those that were Proprietors the First of March
one thousand Six hundred Sixty and Nine, The Eldest man of the then Lords
Proprietors shall always be vice palatine, But if no proprietor be in Carolina
the Eldest man of the Heirs apparent of any of the Proprietors past twenty
one years of age if any such be there shall be vice Palatine, and whenever
there is a vice Palatine as aforesaid The Palatine shall have power to chuse
for his Deputy as Proprietor, any one of the Landgraves or Cassiques of the
Grand Council, that soe the number of Eight, may be always preserved And the
Palatine may always have one in Carolina to take care of his Business who
shall have the same power as one of the other Proprietors Deputies And no more
But if there be noe Proprietor in Carolina nor heir apparent, as aforesaid, above
twenty one years old, Then the Palatine shall choose for vice Palatine and
Deputy any one of the Landgraves or Cassiques of the Grand Council And
till he have by Deputation under hand and Seale chosen any one of the Land-
graves or Cassiques to be his Deputy the Eldest man of the Landgraves, and
for want of a Landgrave, the Eldest man of the Cassiques who shall be perso-
nally in Carolina shall of course be his Deputy.
{57 The same words in the 3d Constitutions as here as farr as where it is marked * and no more}
Each Proprietors Deputy shall be always one of his Six Councellors
respectively And in case any of the Proprietors hath not in his absence out of
Carolina a Deputy Comissioned under his hand and Seale, the Eldest Noble
man of his Court shall of course be his Deputy* And in case he refuse to
act, Then the next in age that will.
{58 The same words in the 61 article of the 3d Constitutions as here}
In Every County there shall be a Court consisting of a Sheriff
and Four Justices of the County for every Precinct, one, the sheriff
shall be an Inhabitant of the County and have at least Five hundred
acres of Free hold within the said County and the said Justices shall
be Inhabitants and have each of them Five hundred acres Freehold
within the Precinct for which they serve respectively, these Five
shall be chosen and comissioned from time to time by the Palatines
Court.
{59 The same words in the 62 article of the 3d Constitutions as here}
For any personal Causes exceeding the value of two hundred pounds
Sterling or in title of Land or in many Criminal Causes either party
payeing twenty pounds Sterling to the Lords Proprietors shall have Li-
berty of appeale from the County Court to the respective Proprietors
Court.
{60 The same words in the 63 Article of the 3d Constitutions as here}
In every precinct there shall be a Court consisting of a strward
and Four Justices of the precinct being Inhabitants and haveing
three hundred acres of Freehold within the said precinct who shall
judge all criminal causes, except for Treason, murder and any offences
punishable with death, and Except all criminal causes of the Nobility
and shall judge all civil causes whatsoever, And in all personal
actions not exceeding Fifty pounts Sterling without appeale, But
where the Cause shall exceed that value or concerne a title of Land
And in all criminal Causes, there either party upone payeing Five pounds
Sterling to the said Lords Proprietors use shall have Liberty of appeale to
the County Court.
{61 The same words in the 64 Article of the 3d Constitutions as here}
Noe Cause shall be twice tryed in any one Court upon any reason
or pretence whatsoever.
{62 The same words in the 65 Article of the 3d Constitutions as here to which is added these words: (But upon payeing of 50 £ sterling to the Lords Proprietors use there shall be liberty of appeale to the respective Proprietors Courts )}
For Treason, Murther and all other offences punishable with death
there shall be a commission twice a yeare at least granted unto One or
more Members of the Grand Council or Colledges who shall come as
Itinerant Judges to the Several Countyes and with the Sheriff and Four
Justices shall hold assizes to Judge all such Causes.
{63 The same words in the 66 Article of the 3d Constitutions as here as farras where it is marked* & no more}
The Grand Jury at the several Assizes shall upon their oath
under their hands and seales deliver in to the Itinerant Judges a
presentiment of such greivances, misdemeanors, Exigencies, or defects
which they think necessary for the publique good of the County
which presentment shall by the Itinerant Judges at the end of their
Circuit be delivered in to the Grand Council at their next Sitting, and
whatsoever therein concerne the Exectution of Laws already made,
the Several proprietors Courts in the matters belonging to each of them
respectively shall take the Cognizance of it and give such order about
it as shall be effectual for the due execution of the Laws But
whatever concernes the makeing of any new Law shall be referred to
the Several respective Courts to which that matter belongs to and be by
them prepared and brought to the Grand Council* And if the Major
oart of the Grand Juries of the respective Countys shall present
any things as necessary to be passed into a Law, and the Grand Council
doth not propose the same to the parliament at the first Sitting which
shall happen six months after such presentment made by the major
part of the Grand Juries, then it shall be Lawfull to be proposed in
any of the Chambers of Parliament, and haveing been there carryed
three several days by Majority of Votes shall be proposed in parliament
to be passed into a Bill as in other Cases.
{64 The same words in the 67 article of the 3d Constitutions as here}
For Termes there shall be quarterly Such a certaine number of
dayes not exceeding one and twenty at any one time as the Several
respective Courts shall appoint the time for the beginning of the
Terme in the Precinct Court shall be the First Munday in Februa-
ry, May, August and November In the County Court the first
Munday in January, April July and October And in the Pro-
prietors Courts the first Munday in March, June, September and
December.
{65 same words in 68 Article of the 3d Constitutions as here}
In the Precinct Court no man shall be a Jury man under Fifty
acres of Freehold in the County Court or at the Assizes no man
shall be a Grand Jury man under three hundred acres of Freehold
And no man shall be a Petty Jury man under two hundred acres of
Freehold in the Proprietors Courts, no man shall be a Jury man under
Five hundred acres of freehold.
{66 This article is not Incerted in the third Constitutions nor 7 articles more followeing}
All the names of the Freeholders who have not less then Fifty
acres nor above two hundred in the precinct shall be put into the
Precinct Court Bagg for Jury men at the precinct Court, all
those of above two hundred and under Five hundred acres in the County
shall be put into the County Court Bag for Jury men at the County
Court and Assizes, all the names of the Freeholders of three hundred
acres and upwards shall be put into the Grand Jury Bagg for Grand Jury
men at the County Court and assizes, all the name of the Freeholders
of Five hundred acres and upwards shall be put into the Proprietors Court
Bag to be Jury men in the Proprietors Courts.
{67}
Att every precinct Court before they rise the names of all the
Freeholders who are to serve as Jury men in the precinct Court writ
in little peeces of parchment of an equal Bigness and rolled up shall be
taken out of the Bagg and compared with the freeholders Book to see that
none be omitted and none double, And then all shall be put into a Box
and shaken together, and then by a Child under ten years old so many
names shall be drawne out as will be sufficient for soe many Juries as
the Court shall think they shall have need of the next terme, who there
upon shall have Summons to attend.
{68}
The same orders shall be observed in drawing Jurors to serve in
the Proprietors Courts and on Grand and Petty Juries at the County
Court and Assizes respectively.
{69}
If there be not Freeholders names enough in any Bag for the Service
of Juries in that Court it shall be supplyed by draweing out of the
next Superior Bag.
{70}
The names of those who are summoned to serve any one terme and
doe appeare shall be againe put into a Box at the opening of the terme
And in Court by a child as before, shall be drawne out soe many
dozens as there are for so many petty Juries which shall serve in their
turnes for the Causes to be heard that day, the first which was drawne first
and soe on for the first time, And after that, that Jury to be next
taken which gave in its Verdict first every morning at the setting of the
Court the names shall be drawne anew unless any Jury be not then
ready with their verdict, and then that Jury shall remain the same
untill the next day.
{71}
Each Court shall allot such an allowance to be paid by
each party for whom there is a verdict as may be sufficient to De
fray the charegs of their Journey and attendance honorably.
{72}
In Civil Causes Each party shall have Liberty to challenge
when they are called and before they are sworne as many of his Juries
as he hath Just exception against and the number shall be made
up by draweing new names out of his Jury men of that terme who
are not then actually upon any Jury.
{73 The 69 article of the 3d Constitutions is thus (Every Jury shall consist of 12 men and it shall not be necessary they should all Agree But the verdict shall be according to the consent of the majority )}
In Crinimal Causes of life and death Each prisoner at the
Barr shall have Liberty to challenge as many without sheweing
reason as is permitted in England and as many more as he can shew
Just reason for, and the number shall be supplyed by draweing new
names out of the Freeholders who haveing appeared are not then upon any
Jury.
{74 The same words on the 70 Article of the third Constitutions as here }
It shall be a base and vile thing to plead for money or reward nor
shall any one Except he be a near kinsman and not further off then
Cozen German to the party Concerned be permitted to plead another
mans Cause, till before the Judge in open Court he hath taken an
oath that he doth not plead for money or reward nor hath not nor will
receive nor directly nor indirectly bargained with the party whose Cause
he is goeing to plead for money or any other reward for pleading his Cause.
{75 The same words here as in the 71 Article of the 3d Constitutions }
There shall be a Parliament conssiting of the Proprietors or their
Deputies the Landgraves and the Cassiques and one Freeholder out of every
Precinct to be chosen by the Freeholders of the said Precinct respectively.
They shall sitt altogether in one roome and have every member one vote.
{76 The same words here as in the 72 article of the 3d Constitutions}
Noe man shall be chosen by a member of Parliament who hath less then
Five hundred acres Office hold within the precinct for which he is chosen
nor shall any have a vote in chooseing the said Member that hath less
then Fifty acres of Freehold within the said precinct.
{77 The same words in the 73d Article of the 3d Constitutions as here no further then the marke * and then follows (when they shall think fitt) &c no more}
A new Parliament shall be assembled the First Munday of the month of
november every second year and shall meet and sit in the towne they last
sate in without any Summons unless by the Palatines Court they be Summoned
to meet at any other place, And if there shall be any occassion of a parliament
in these Intervalls it shall be in the power of the Palatines Court to
assemble them in Forty Dayes notice, and at such time and place as the
said Court shall think fit, and the Palatines Court shall have power to
dissolve the said Parliament* at the end of two months or sooner if the complaints
brought in the First ten Dayes, and the Bills brought in by the Grand
Council be all dispatched.
{78 The same words in the 74 article of the 3d Constitutions as here}
At the opening of every Parliament the First thing that shall be done
shall be the reading of these Fundamental Constitutions which
the Palatine and Proprietors and the rest of the members then present
shall subscribe nor shall any person whatsoever sit or vote in the Parlia-
ment till he hath that Session Subscribed these Fundamental
Constitutions in a Book kept for that purpose by the Clerk
of the Parliament.
{79 The same words in the 75 Article of the 3d Constitutions as here}
In order to the due Election of Members for the Biennial Parliament
It shall be Lawfull for the Freeholders of the respective Precincts to
meet the First Tewesday in September evert two years in the same
towne or place that they last met in to choose the Parliament men and there
by Ballot choose those members that are to sit next November Following
unless the Steward of the Precinct shall by sufficient notice thirty
Dayes before, appoint some other place for their meeting in order to
the Election.
{80 This article nor the two following are not Incerted in the third Constitutions}
Controversies about Elections of Members off Par-
liament shall be tryed in any of the Proprietors Courts by Juries
drawne by Lot out of all uncontroverted members of Parliament as well
Noble Men as Commoners, But nobodys Claymes against Returned
Members shall be admitted who hath not within three dayes after the
Election given notice under his hand to the Contrary party upon what
head he Intends to proceed in his Clayme nor shall any Clayme be
admitted but what is before the opening of the Parliament put into the
Grand Council which shall transmitt the said Clayme to the severall
Proprietors Courts to be tryed there as soon as the Parliament shall meet
That soe by the ending of Controverted Elections the house may be
quickly setled for till that be done no Bill or Sentence are to pass in
the house and the time of the two months for the house to sit is to
be reckoned to commence from the setling of the Elections.
{81}
The Grand Council shall prepare all matters of Legislature to
be proposed in Parliament nor shall any Bill or Matter be passed into
a Law except as in 63. be proposed in Parliament but what hath first
passed the Grand Council which after haveing been read three severall
Days in the Grand Council and there Carryed by majority of votes
shall be proposed to the Parliament, and in such proposall it shall not
be necessary for the Grand Council to have the Consent of the Pala-
tines Court, which Lawes or Bill soe proposed by the Grand Council shall
not be passed but by reading three severall Dayes in open Parliament, And
upon each reading being Consented to by three Fifths of the members
present, And after that another day read againe in the Chamber of
the Nobility who in the passing of Bills and Judicial proccedings shall
both Landgraves and Cassiques make but one Chamber, and the
Chamber of the Commons and in each of these Chambers passed againe
by the majority, But whatever Complaints shall be brought into Par-
liament dureing the First ten days of their Sitting against any person
under the degree of a Proprietor (who are not any of them to be lyable to
any Censures in Parliament in writing and signed by the person who
brings in such Complaint for any misdemeanor in the Execution of
any Office the person soe complained of hath borne or doth beare
Provided the time of such Complaint be not after two Biennial
parliaments have sat after such fact was comitted the parliament shall
have Liberty to take cognizance thereof although it be not proposed to
them by the Grand Council, and if the party accused hath 2 several
days been found guilty of the midsemeanor layd to his Charge by three
Fifths of the house there present and afterwards another day by the
Major part of the Chamber of the Nobility and the major part of the
Chamber of the Comons, the parliament shall then after the same maner
two Several dayes in the whole house and one day in each of the Cham-
bers proceed to vote what punishment he shall undergoe for the misde-
meanor he hath been voted guilty of and accordingly to sentence him
nor shall it be in the power of the Palatines Court or any other person or
persons in Carolina but onely of the Parliament itself to suspend, remitt
or mitigate the Execution of any such Sentence, And the Parliament shall
have Liberty to sitt until they have determined of all such Complaints
provided it be not above 2 months after which time it shall be in the power
of the Palatines Court to adjourne prorogue or dissolve it, and further
more there is not required the Consent or Concurrence of the Palatines
or any of the Proprietors in such Judicial proceedings against any person
for misdemeanor in any Office they have born. But they shall be valid
without it always provided that such sentence extend not to the
takeing away of Life or member or be not to turne out any of the
Lords Proprietors Deputyes who being Intrusted by the respective Proprietors
to see that nothing is done contrary to their Interest are not to be hindred
from sitting and voteing as Deputies.
{82}
Noe Judgement shall be given in the house against any one nor
Sentence passed when there are less than sixty members present.
{83 The same words in the 76 Article of the 3d Constitutions as here}
Noe act or order of Parliament shall be of any force unless it
be ratified in open Parliament dureing the same Session by the Palatine
or his Deputy and three more of the Lords Proprietors or their Deputyes
and then not to continue Longer in force, but untill the next Bien-
nial Parliament, unless in the mean time it be ratified under the hands
and Seales of the Palatine himself and three more of the Lords Proprietors
themselves and by their order published at the next Biennial Parliament.
{84 The same word in the 3d Constitutions Article 77}
Any Proprietor or his Deputy or any three members of Parliament
may enter his or their protestation against any act of Parliament before it
be passed into a Law as aforesaid, if he or they shall conceive the said act
to be contrary to this Establishment or any of these Fundamental
Constitutions of the Government and in Such Case after a full and
free debate the Several Estates shall retire into Four Several Chambers
the Palatine and Proprietors into one the Landgraves into another, the
Cassiques into another, and those chosen by the Precincts into a fourth
And if the major part of any of the Four Estates shall vote that the
Law is not agreeable to this Establishment and these Fundamental
Constitutions of the Goverment then it shall pass no further
but be as if it had never been proposed.
{85 The same words in the 3d Constitutions Article 78}
The Quorum of the Parliament shall be one half of those who are
Members and capable of sitting in the House that present Session
of Parliament, the Quorum of each of the Chambers of Parliament
shall be one half of the members of that Chamber.
{86 The same words in the 3d Constitutions Article 79}
To avoyd multiplicity of Laws which by degrees always change
the right fundation of the original Government All Acts of parliament
whatsoever in whatsoever forme passed or Enacted shall at the end of one
hundred years after their Enacting respectively cease and determine of
themselves and without any repeale become null and voyd as if no such
acts or Lawes had ever been made.
{87 The same words in the 3d Constitutions Article 80}
Since multiplicity of Convents as well as of Laws have great
Inconveniencies and serve onely to obscure and perplex. All manner of
Convents and Expositions in writing or print on any part of these
Fundamental Constitutions or any part of the common or Statute
Law of Carolina are absolutely prohibited.
{88 The same words in the 3d Constitutions as here Article 81}
There shall be a Registry in every Precinct wherein shall be
Enrolled all deed Leases, Judgements Mortgages and other Conveyances
which may Concerne any of the Land within the said precincts, and all such
Conveyances not so entred or registered shall not be of force against any person
not party to the said Contract or Conveyances.
{89 The same words in the 3d Constitutions is here Article 82}
Noe Man shall be Registred of any precinct who hath not at least
three hundred acres of Freehold within the said precinct.
{90 The same words in the 3d Constitutions as here. Article 83}
The Freeholders of every Precinct shall nominate three men of
which three the Chief Justices Court shall chuse and Comission one to
be Register of the said Precinct whilst he shall well behave himself.
{91 The same words in the 84 article of the 3d Constitutions as here as farr as where it is marked &c no more}
There shall be a Register In every Signiory Barony and Colony
wherein shall be recorded all the Births, marriages and deathes that shall
happen within the respective Signioryes, Baronyes and Colonyes*, and
in registring Births the names of the Father and mother of the Child
and the places where their Birthes were registred shall be sett downe, by
which means mens Pedigrees will be certainly kept.
{92 The same words in the 3d Constitutions as here Article 85}
Noe man shall be Register of any Colony that hath not above
Fifty acres of freehold within the said Colony.
{93 This article is devided into two in the 3d Constitutions: viz: 86. & 87. The words are ( The time of every ones age that is born in Carolina shall be reckoned from the day that his birth is entred in the Registry &c not before) No marriage shall be Lawfull whatever contract and ceremony the have used till both the parties mutually owne it before the Register of the place where they were marryed And he Register it with the names of the father and mother of each party-
}
All marriages performed in Carolina shall be owned by both the partys
before the Register of the place where they were married who there upon
shall register it with the names of the Father and mother of Each party
and whosoever shall neglect to register his marriage shall forfeit for every
week it remains unregistred one shilling provided it be not by default of
the said Register that it is not registred.
{94}
Noe man shall administer to the Goods or have right to them or enter
upon the estate of any person deceased till his death be registred in their
respective Registry.
{In the above 94 article are the same words as in the 88 article of the 3d Constitutions}
{95 The same words in the 3d Constitutions as here Article 89}
He that doth enter into the respective Registry the Birth or death
of any person that is borne or dyes in his house or ground shall pay to the said
Register one shilling per week for each such neglect reckoning from the
time of Each Birth or death respectively to the time of registring it
{96 The same words in the 3d Constitutions as here Article 90}
In like manner the Births marriages and deaths of the Lords Proprietors
Landgraves and Cassiques shall be registred in the Chamberlaines Court.
{97 The same words in the 3d Constitutions as here Article 91}
There shall be in every Colony one Constable to be chosen
annually by the Freeholders of the Colony, his Estate shall be above
one hundred acres of Freehold within the said Colony and such subordinate
Officers appointed for his assistance as the County Court shall find
requisite and shall be established by the said County Court, the Election
of the Subordinate annual officers shall be alsoe in the ffreeholders of the
Colony.
{98 The same words in the 3d Constitutions as here Article 93}
It being of great Consequence to the Plantation that port townes
should be built and preserved, therefore whosoever shall Lade or unlade any
Comodity at any other place but a port towne shall forfeit to the Lords
Proprietors for each tenn soe Laden or unladen the summe of ten pounts Ster-
ling except onely such goods as the Palatines Court shall Licence to be
Laden or unladen elsewhere.
{99 The same words in the 3d Constitutions as here Article 94}
The First port towne upon every river shall be in a Colony and
be a port Towne for ever.
{100 The same words in the 3d Constitutions as here no further then the marke* Article 95}
Noe man shall be permitted to be a Freeman of Carolina or to have
any Estate or habitation within it that doth not acknowledge a God and
that God is publiquely and Solemnly to be worshipped,* and that there is
a future being after this life of happiness or misery.
{101 same words in the 3d Constitutions as here no further than this marke* Article 96}
AS the Countrey comes to be sufficiently planted and distributed
into fit Divisions It shall belong to the Parliament to take care for the
building of Churches and the publique Maintenance of Divines to be
Imployed in the Exercise of Religion according to the Church of England.
which being the religion of the Government of England It alone shall be
allowed to receive publique maintenance by Grant of Parliament* which
said publique maintenance is to arise out of Lands or Rents assigned, volun-
tary Contributions or such other ways whereby no man chall be chargea-
ble to pay out of his particular estate that is not conformed to the Church
as aforesaid But every Church or Congregation of Christians, not of
the Communion of the Church of Rome, shall have power to lay a tax
on its own members not exceeding a penny an acre on their Lands, and
twelve pence per head per annum for the maintenance of their publique minister.
And of all money soe paid and disbursed, they shall keep an account which the
Grand Council or any authorised by them shall have liberty from time
to time to Inspect.
{102 This article is not Incerted in the 3d Constitutions Article 97}
Noe ordained Minister or that receives any maintenance as Minister
of any Congregation or Church shall be member of Parliament or have
any Civil Office, but wholly attend his ministery.
{103 The same words in the 3d Constitutions as here Article 97}
But since the natives of that place who will be Concerned in our
Plantation are utterly Strangers to Christianity whose Idolatry Igno-
rance or mistake gives us noe right to expell or use them ill, and those who
remove from other parts to plant there will unavoidably be of different
opinions concerning matters of Religion, the Liberty whereof they will
expect to have allowed them, And It will not be reasonable for us on this
account to keep them out, That Civil peace may be maintained amidst the
diversity of opinions and our agreement and Contract with all men may be
duely and Faithfully observed, the violation whereof upon what pretence
soever cannot be without great offence to All Mighty God and great
scandal to the true Religion which wee profess. And also that Jewes
Heathens and other Dissenters from the purity of Christian Religion
may not be Scared and kept at a distance from it, But by haveing an opor-
tunity of acquainteing themselves with the truth and reasonableness of its
Doctrine and the peacableness and Inoffensiveness of its Professors may
by good usage and perswasion and all those Convinceing Methods of gentle-
ness and meekness Sutable to the Rules and designe of the Gospel be won
over to Imbrace and unfeinedly receive the truth, therefore any seaven
or more persons agreeing in any Religion shall Constitute a Church
or profession to which they shall give some name to distinguish it from
others.
{105 The same words in the third Constitutions as here Article 98}
The Termes of admittance and Comnunion with any Church or
Profession shall be writen in a Book and therein be Subscribed by all
the members of the said Church or Profession which Book shall be kept
by the publique Register of the precinct where they reside.
{105 The same words in the 3d Constitutions as here Article 99}
The time of every ones Subscription and admittance shall be dated
in the said Book or Religious Record.
{106 The same words in the 3d Constitutions as here Article 100}
In the Termes of Communion of every Church or Profession
these Followeing shall be three without which no agreement or assem-
bly of men upon pretence of Religion shall be accounted a Church or
profession within these Rules.
{The same words in the 3d Constitutions as here}
1. That there is a God.
2. That God is publiquely to be
Worshiped
3. That It is Lawfull and the duty of every man being
thereunto Called by those that governe to beare
witness to truth and that every Church or profession
shall in their termes of Communion sett downe the
External way whereby the witness a truth as in the
presence of God whether it be by layeing hands on or
kissing the Bible as in the Church of England or
by holding up the hand or any other sensible way.
{107 The same words in the third Constitutions as here Article 101}
Noe person above Seaventeen years of age shall have any Benefit
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 haveing his name
Recorded in some one and but one Religious record at once.
{108 The same words in the third Constitutions as here Article 102}
Noe person of any other Church or profession shall disturbe
or molest any religious assembly.
{109 The same words in the third Constitutions as here Article 103}
Noe person whatsoever shall speake any thing in their religious
assembly Irreverently or Seditiously of the Government or Governors or of
state matters.
{110 The same words in the 3d Constitutions as here Article 104}
Any person subscribing the termes of Communion in the Record of
the said Church or profession before the Precinct Register and any
Five members of the said Church or profession shall be thereby made a
member of the said Church or profession.
{111 The same words in the third Constitutions as here Article 105}
Any person strikeing out his name out of any Religious Record or
his name being struck out by any Officer thereunto authorized by each
Church or profession respectively shall cease to be a member of that
Church or profession.
{112 The same words in the third Constitutions as here Article 106}
Noe man shall use any reproachfull revileing or abusive Language against
the religion of any Church or profession, That being the certain way
of disturbing the peace and of hindring the Conversion of any to the
truth by engageing them in quarrells and animosities to the hatred of the
professors and that profession which otherwise they might be brought to
assent to.
{113 The same words in the 3d Constitutions as here Article 107}
Since Charity obliges us to wish well to the soules of all men
and Religion ought to alter nothing in any mans Civil Estate or Right
It shall be Lawfull for Slaves as well as others to enter themselves and be
of what Church or profession any of them shall think best, And thereof
be as Fully members as any Freeman, But yett no Slave shall hereby
be exempted from the Civil Dominion his master hath over him
but be in all other things in the same state and Condition he was in
before.
{114 The same words in the 3d Constitutions as here Article 108}
Assemblies upon what pretence seovever of Religion not obser-
ving and performeing the abovesaid Rules shall not be esteemed as Churches
but unlawfull meetings and be punished as other Ryots.
{115 The same words in the third Constitutions as here Article 109}
Noe person whatsoever shall disturbe molest or persecute another for
his Speculative opinions in Religion or his way of worship.
{116 The same words in the third Constitutions as here Article 111}
Noe Cause whether Civil or Criminal of any Freeman shall
be tryed in any Court of Judicature without a Jury of his Peers.
{117 The same words in the 3d Constitutions as here Article 112}
Noe person whatsoever shall hold and Claime any Land in Carolina
by purchase or gift or otherwise from the Natives or any other whatsoever
but merely from and under the Lords Proprietors upon paine of forfeiture
of all his Estate moveable or Immoveable and perpetual Banishments.
{118 The same words in the 3d Constitutions as here Article 113}
Whosoever shall possess any Freehold in Carolina upon
what title or grant Soever, shall at the farthest from and after the
year one thousand six hundred and eighty nine pay yearly unto the
Lords Proprietors for each acre of Land English measure as much Fyne Silver
as is at this present in one English penny or the value thereof to be as
as a cheif rent and aknowledgement to the Lords Proprietors their heirs and
successors for ever, Except such persons with whome the Lords Proprietors
have made or shall make some other agreement under their hands and Seales
And it shall be Lawfull for the Palatines Court by their Officers at
any time to take a new survey of any mans Lands not to out him of
any part of his possession, But that by Such a survey, the Just number
of acres he possesseth may be knowne, and the rent thereupon due may be
paid by him.
{119 The same words in the 3d Constitutions as here Article 114}
All Wrecks, mines, minerals, Quarryes of Gems, and precious
Stones with pearle Fishing, whale Fishing, and one half of Amber
Greece by whomsoever found, belong to the Lords Proprietors.
{120 The same words in the 115 Article of the 3d Constitutions as here noe further than this marke* }
All Revenues and profits belonging to the Lords Proprietors Except
for Lands and rents sold in Comon shall be devided into ten parts
whereof the Palatine shall have three and each Proprietor one.
But if the Palatine shall Governe by a Deputy or Vice Palatine
his Deputy or Vice Palatine shall have one of those three tenths
and the Palatine the other two tenths* And all Lands and other
things whatsoever held in Common by the Lords Proprietors in
Common and no benefit be taken by those who outlive the rest by
Survivorship but the respective part of all the Lands, mines, and other
profits and things that are held in Common shall come to the Successr
of that Proprietor who is deceased as fully and amply as if the Pro-
prietor who is deceased had conveyed the same dureing his life time.
{121 The same words in the 116 Article of the 3d Constitutions as here noe further than this marke* onely it is mentioned Inhabitants as well aFreemen of Carolina}
Every Freeman of Carolina above Seaventeen years of age
and under Sixty shall be bound to have and beare armes* And all the
Freemen being formed into troopes Companyes and Regiments shall be
at convenient times mustered and exercised, this militia or Pose
of the Countrey shall be bound to assist the Civil magistrate or
Officers in Execution of the Lawes or keeping the peace, and there must
never be in Carolina a Select militia wherein one part of the
people shall be armed, and the other not, nor any standing forces in
pay Except onely in such frontier Garrisons, with such number of
Souldiers in them as the Palatines Court with the Consent of the
Grand Council and Parliament shall appoint.
{122 The same words in the 3d Constitutions as here Article 117}
A true Copy of these Fundamental Constitutions
shall be kept in a great Book by the Register of every Precinct
to be Subscribed before the said Register nor shall any person of what
condition or degree soever above Seaventeen years old have any estate
or possession in Carolina or protection or benefit of the Law there
who hath not before a Precinct Register Subscribed these Funda-
mental Constitutions in this Forme.
{The same words in the 3d Constitutions as far & no further than this marke * and then follows ( and
maintain the Goverment according to this establishment in these Fundamentall Constitutions)}
I AB doe promise to beare Faith and true Allegiance
to Our Soveraigne Lord King Charles the Second his
heirs and Successors and will be true and Faithful to
the Palatine and Lords Proprietors of Carolina their heires
and Successors, and with my utmost power will defend
them* and these Fundamental Constitutions
are the true termes with the Lords Proprietors on which I
Inhabit and Clayme any right in Carolina.
{123 The same words in the 3d Constitutions as here Article 118}
Whatsoever Alient shall in this Forme before
any Precinct Register subscribe these Fundamental
Constitutions shall be thereby naturalized.
{124 The same words in the 3d Constitutions as here Article 119}
In the same maner shall every person at his admittance into
any Office subscribe these Fundamental Constitutions.
{125 This article is not Incerted in the 3d Constitutions as here}
Whosoever by Succession or otherwise shall come to
be a Proprietor of Carolina shall not be admitted to exercise
any of the powers or Jurisdictions belonging to a Lord Proprietor,
of the said Province or receive any of the revenue or profit be-
longing to the same, untill he hath either in England or Caro-
lina subscribed these Fundamental Constitutions in
this Forme.
I AB doe promise to beare Faith and true
Allegiance to our Soveraigne Lord King Charles
the Second his Heirs and Successors and will be true
and Faithful to my Brethren the Palatine and
Lords Proprietors of Carolina in defence of their
Rights and with my uttmost power will maintaine
the Goverment according to this Establishment in these
Fundamental Constitutions.
{126 The same words in the 3d Constitution as here noe further then this marke* and then follows (and every part thereof shall be & remaine the sacred and unalterable forme & rule of Goverment of Carolina for ever: Witness Our hands & Seales the first day of March 1669 Albermarle [seal] Craven [seal] Ashley [seal] Carteret [seal] P. Colleton [seal]}
These Fundamental Constitutions in
number one hundred twenty* Six Articles and every part
thereof shall be and remaine the sacred and unalterable forme
and rule of Goverment of Carolina for ever unless in the va-
riety of humane affairs any future Exigency should require any
addition or alteration to be made in any part of them in such case
any new Article Confirmed by the hands and Seales of all the
Proprietors, all the Members of the Grand Council and all the
Members of Parliament, Two Successive Parliaments shall be
added to these Fundamental Constitutions and forms
thence forth to be esteemed as part of them to all Intents and
Purposes.
Rules of Precedency
{The same words in the 3d Constitutions as here}
1. The Lords Proprietors the eldest in age First & soe in order
2. The Eldest Sons of the Lords Proprietors the eldest in age
First and soe in order.
3. The Landgraves of the Grand Council he that hath been
longest of the Grand Council First and soe in order
4. The Cassiques of the Grand Council he that hath been
longest of the Grand Council First and soe in order
5. The Seaven Comoners of the Grand Council that have been
longest of the Grand Council he that hath been loongest of
the Grand Council First and soe in order.
6. The youngest Sons of Proprietors the Eldest First and soe in order.
7. The Landgraves the eldest in age First and soe in order
8. The Seaven Commoners who next to those before mentioned
have been longest of the Grand Council, he that hath been
longest of the Grand Council First and soe in order
9. The Cassiques the eldest in age First and soe in order
Footnotes
- 1Date added later.
- 2and then follows (of the Seaven Surviving Proprietors shall always succeed him) Vs no more in that article