Fundamental Constitutions

{Entered 14th 9ber [November] 1682 per Joseph Oldys Deputy Secretary }
Our Soveraigne Lord the King [[cut off]]
bounty Granted unto us Proprietors Duke of Albemarle [C[cut off]]
his Majestys forces Edward Earle of Clarendon William [[cut off]]
John Lord Berkeley, Anthony Lord Ashley Chancellor of the Exch[[cut off]]
George Carteret Vice Chamberlaine of his Majesties household [[cut off]]
Colleton Barronett and Sir William Berkeley Knight The Province [[cut off]]
with all the Royalties, Proprietyes, Jurisdictions and Priviledges of a County Pallatine as large
as the County Pallatine of Durham for the better settlement of the Government of the said place and
the Interest of the Proprietors with equality and without Confusion and that the Government of this P[lace? [cut off]]
be made most agreeable unto the Monarchy under which wee live and of which this Province is a parte [[cut off]]
may avoid the erecting a Numerous Democracy Wee Goerge Duke of Albemale Edward Earle [[cut off]]
Clarendon William Earle of Craven John Lord Berkley Antony Lord Ashley Sir [[cut off] ]
Carterett Sir Peter Colleton and Sir William Berkley the true and absolute Lords and [Proprietors [cut off]]
the Province aforesaid have agreed to this following forme of Governement to be perpetually[ established [cut off]]
us unto which we doe Obleidge our selves and our heires in the most binding way that can be devized

(1) Out of the Eight Proprietors there shall be Chosen by themselves a Pallatine who shall continue dureing [[cut off]]
whose sonne shall not be capable of the imediate Suceeding him after his death but the eldest in age of the
Proprietors shall Succeed to prevent the makeing that Office in this little Government Hereditary and to [avoid? [cut off]]
Mischiefes of factions in Election

(2) There shall be Seaven other Chiefe Offices erected vizt the Chiefe Justice, Chancellor, Constable, High Stewa[[rd, Trea-]]
surer Chamberlaine and Admirall which places shall be enjoyed by None but the Lords Proprietors to b[e]
first by lott and upon the Vacancy of any other of the Seaven great Offices by death or otherwise, the eldest
to have his choice of the said place

(3) Att anytime within one and twenty yeares after the date hereof any of the Proprietors shall have power to [[cut off]]
alienate and dispose to any other person his Proprietorship and all the land and power & Interest thereunto
wholy & Intirely together & not otherwise but after the yeare One Thousand Six hundred & Ninety [[N?]]
are then Proprietors shall not have power to alienate or make over their Proprietorships with the lan[d] [[cut off]]
Priviledges thereunto belonging or any parte thereof to any person whatsoever, but it shall descend unto [heires]
Male and for want of heires Male it shall descend on that Landgrave or Casique of Carolina who is [[desc]]
of the next heir female of the said Proprietor and for want of such heires the remaineing Seaven Proprietors
upon the Vacancy chose a Landgrave to Succeed the deceased Proprietor: who being chosen by the [[cut off]]
the Seaven Surviving Proprietors he and his heires Successively Shall be Proprietors as fully to all Intents and [pur[poses]]
as any of the rest

(4) And that the Number of Eight Proprietors may be constantly kept if upon the vacancy of any Proprietor
the Surviveing Seaven Proprietors shall not choose a Landgrave to be Proprietor before the second [[cut off]]
Parliament after the Vacancy that then the next Parliament at the next Session but one after such [[cut off]]
shall have Power to choose any Landgrave to be Proprietor

(5) Whatsoever Landgrave shall be chosen into a Proprietorship shall take the Lands and Signiorys [and [cut off]]
said Proprietorship but shall relinquish all the Barronies belonging to his Landgraveship to be disposed [[among?]]
the Proprietors as in the following Article

(6) The whole Country to be divided into Provinces the Eight first whereof shall each of them beare the [[cut off]]
of the Proprietor to be Assigned either by Agreement or lott

(7) That each Province consist of Five and twenty Countys & each County to consist of eight Signiorys [[cut off]]
and foure Precincts each Precinct to consist of Six Colonys

(8) That each Colony, Signiory, and Barrony consist of twelve Thousand acres The eight Signiorys being [[cut off]]
the Eight Proprietors and the eight Barronys of the Nobility both which Shares being each of the [[cut off]]
of the whole are to be perpetually annexed to the one to the Proprietors the other to the Hereditary [Nobility? [cut off]]
the Colonys being three Fifths amongst the people that soe in the setting out and planting the land there [[the go-]]
vernment may be preserved

(9) That to every County there shall be three as the Hereditary nobility of this Pallatinate who shall be [[cut off]]
Landgraves the two other Cassiques & shall have place in the Parliament there, And the Landgrave shall [[cut off]]
& the two Cassiques each of them two apeece Hereditarily and unalterably annexed to and settled upon [them? [cut off]]

(10) Any Landgrave or Casique at any time before the yeare One Thousand Six hundred ninety & [[cut off]]
to alienate or make over to any other Person his Barronys & the dignity to the belonginging but [after? [cut off]]
1690 noe Landgrave or Casique shall have power to sell or make over the Hereditary Lands of his [[cut off]]
or any part thereof but they shall all entirely with the dignity thereunto annexed descend unto his [[cut off]]
for want of such heires male shall devolve into the hands of the Proprietors Who shall name and [[cut off]]
succeed to his dignity and all the land thereunto annexed

[10.] [[cut off]] together in one [?] equall votes [?] that [[cut off]]
[[cut off]] exceed those orders of Nobility by [? ]that then the Five and Twenty [[cut off]]
[Cas]siques shall only have right to sitt and vote in Parliament & that then those hundred Members
[[cut off]] chosen out of these elected by the respective Precincts

[11.][[cut off]] order of Parliament &c of any force unlesse it be ratified in open Parliament dureing the [[cut off]]
[[cut off]] the Pallatine or his deputyes & three more of the Proprietors or their deputys & then not to continue long [[cut off]]
[[cut off]] untill the end of the next Bieniall Parliament unlesse in the meane time it be ratified under the hands and seales
of the Pallatine himselfe and three more of the Proprietors themselves and by their order published at the next Bieniall
Parliament

[12.] [T]o avoid Multiplicity of laws which by degrees alwayes change the right foundations of the Originall Government
all acts of Parliament whatsoever in what forme soever past or enacted shall at the end of thirty yeares after their
enacting respectively cease & determine of themselves & without any repeale become null & void as if noe Such Acts
or laws had ever been made but these fundamentall Constitutions being of an higher Originall containeing the Frame
and ballance on which this Government is Founded shall all and every part of them be sacred and stand unalterable
forever

[13.] That noe man be chosen a member of Parliament who hath lesse than Five hundred acres of Freehould within the Precinct
for which he is chosen nor shall any have a vote in Choosing the said member that hath lesse than Fifty acres of Free
hould in the said precinct.

[14.] That any of the Proprietors or his Deputy may enter his Protestation against any act of Parliament before the Pallatine
or his deputys consent be given as aforesaid if he shall conceive the said act to be Contrary to this establishment or any
of these fundamentall Constitutions of the Government & in such case after a full & free debate the Severall Estates shall
retyre into fower Severall Chambers The Pallatine & Proprietors into one the Landgraves into another the Cassiques
into another & those Chosen by the people into a fowerth, And if the Major parte of any these fower Estates shall vote that
the law is not agreeable to this Establishment & fundamentall Constitution of the Government then it shall passe noe
further but be as if it had never been Proposed.

[15.] That a new Parliament be assembled the First Monday of the Month of November every second year and that they
meet in the towne they last sate in without any summons unlesse by the Pallatine or his deputy & any three of the Proprie-
tors or their deputys they be Summoned to meet at some other place, And if there shall be any occasion of a Parliament
in these Intervales it shall be in the power of the Pallatine & any three of the Proprietors to Assemble them in fourty dayes
Notice at such time and place as they shall thinke fitt And the Pallatine or his deputy with the Advice & consent of any three
of the Proprietors or their deputys shall have powe[r] to dissolve the said Parliament when they shall thinke Fitt

[16.] And in order to the due election of members for this Bienialll Parliament it shall be lawfull for the Freehoulders of the respective
precincts to meet the first tuesday in September every two years in the same Towne or place that they last mett in to choose
Parliament men & there chose those members that are to sitt the next November follwoing unlesse the Steward of the precinct
shall be Sufficient Notice thirty dayes before appoint some other place for their Meeting in order to the Election

[17.] All Elections in the Parliament in the severall Chambers of the Parliament and in the grand Councelll shall be passed by
Ballotting

[18.] There shall be eight Courts or Councills for the dispatch of all Affaires the first called the Pallatines Court to con-
sist of the Pallatine & the Seaven other Proprietors the other Seaven courts of the Seaven other great Officers to Con-
sist each of them of a proprietor & Six Councellors added to him under each of these latter Seaven courts shall be a Colledge of

[19.] Twelve Assistants the twelve Assistants of the Severall Colledges to be chosen two out of the Landgraves by the Landgraves
Chamber dureing the Session of Parliament Two out of the Cassiques by the Cassiques Chambers dureing the session of parliament two
out of the Landgraves Cassiques or eldest sonns of the said Propretors by the Pallatines Court foure more of the Twelve to be cho-
sen by the Commons Chamber dureing the Session of Parliament out of such as have binn or are Members of parliament Sheriffs
or Justices of the County Courte the other two to be Chosen by the Pallatines Court out of the Aforesaid Members of parlia-
ment or Sheriffs or Justices of the County Court or the Eldest Sonns of Landgraves or Cassiques or younger Sonns of
Proprietors

[20.] Out of these Colledges shall be Chosen Six Councellors to be Joyned with each Proprietor in his Courte of which six one shalle be of those
fowere Chosen into any of the Colleges by the Pallatines Court out of the Landgraves Cassiques or eldest Sonns of Proprietors One out
of those who were Chosen into any one of the Colledges by the Landgraves Chamber, And one of those who were chosen into any of
the Colleges by the Cassiques chamber two to be sent out of those who were chosen into any one of the Colledges by the Comons
chamber. And one out of those who were chosen by the Pallatines court into any of the Colledges out of the Proprietors younger
sons or Elder sons of Landgraves or Cassiques or Comons qualifyed as abovesaid.

[21.] When it shall happen that any Councellor dyes 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 other of the Proprietors Courts to Fill up this Vacancy Provided they take
[a] man of the same degree & choice the other was whose vacant place is to be filled but if noe Councellour Consent to be re-
moved or upon such remove the last remaining vacant place in any of the Proprietors Courts shall be filled by the Choice at the
Grand Councill who shall have power to remove out of any of the Colledges any Assistant who is of the same degree & choice that
[the] said Councellor was 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 & choice but the last remaining vacant place
[in?] any Colledge shall be filled by the same Choice and out of the same degree of persons the Assistant was of who is dead

dead or removed noe place shall be vacant in any Proprietors Court above Six Months & noe place shallbe [[cut off]]
Colledge longer than the next Session of Parliament

(22) Noe man being a member of the Grand Councill or of any of the Seaven Colledges shall be removed but for [Misdemeanor]
which the Grand Councill shall be Judge & the Vacancy of the person soe put out shall be filled not by the Election of [the]
Councill but by those who first Chose him out of the same degree he was who is expelled

(23) The Pallatines Court shall consist of the Pallatine & Seaven Proprietors wherein nothing shall be acted without [the pre-]
sence and consent of the Pallatine or his deputy & three others of the Proprietors or their deputies & shall [have]
power to call Parliament To pardon all Offences to make Elections of all Officers in the Proprietors [dispose]
To give warrante for all things that passe the Seale of the Pallatinate without which Warrant it shall be [treason] [to]
put the Seale of the Pallatinate To any grant Warrant or writing whatsoever by their order to the treasury
to dispose of all publick treasure except Money granted by the parliament and by them designed to some [par-]
ticular publick use, as alsoe they shall have a Negative upon acts, orders, votes, & Judgements of the [Grand Coun]
cill and the Parliament

(24) The chiefe Justice Courte shall consist of one of the Proprietors and his six Councellors who shallbe called
Justices of the bench of which Seaven any three shall be the Quorum & shall Judge all appeales both in Cases civill &
Criminall excepting all such Cses as shall be under the Jurisdiction & Cognizance of any other of the Proprie-
tors Courts which shall be tryed in those Courts respectiely the Government and regulation of the Registry
of writeings and Contracts shall belong to the Jurisdiction of this court The twelve assistants of this Court shall
be called Masters

(25) The high Constables courte consisting of one of the Proprietors & his Six Councellors who shall be called Marshalls
whereof fower shall be a quorum of which Quorum the High Constable or his deputy shall allwayes bee one shall
order & determine of all Military affaires by land and all land forces, Armes, Ammunition, Artillery, [Garrisons]
Forts, &c. And whatever belongs to warr his Twelve Assistants shall be called Liuetenants Genneralls [in case]
of Actuall warr the High Constable whilst he is in the Army shall allwayes be Gennerall of the Army &
Six Councellors or such of them as the Pallatines Courte shall for that time & Service appoint shall be the [imme-]
diate great Officers under him & the Leutenant Generalls next to them

(26) The Chancellors Courte Consisting of one of the Proprietors & his Six Councellors who shall be called
Chancellors shall have the Custody of the seale of the Pallatinate under which all Charters of land or other
Commissions & Grants &c of the Pallatines Court shall passe. To this Office alsoe belongs all state Matters [dis-]
patches & treatys with the Neighbour Indians or any other soe farr forth as is permitted by our Charter
our Sovereigne Lord teh king The Chancellor or his deputy & any three Vice Chancellors shall make a Quorum
To this Office alsoe belongs all invations of the law of Liberty of Consience and all disturbances of the [publick]
peace upon pretence of Religion as alsoe the Lycence of printing The twelve Assistants belonging to this court [to]
be called Recorders.

(27) The Admiralls Courte Consisting of one of the Proprietors & his Six Councillors called vice Admiralls shall
have the care and inspection Over all Maritime Affaires Shipps of warr with the stores & provisions for the
building or Equipping men of warr as alsoe all Ports, Moules, & Navigable rivers soe farr as the Tydes flow in
time of warr the Admirall if he be at Sea shall allwayes Command all the Fleets and sea forces in chiefe & such
of the vice Admiralls & rear Admiralls under him as the Pallatines Court for that time & service shall think
fitt this court alsoe shall have the power of the courte of Admiralty to heare and trye all Cases in matters of trade
betweene the Merchants of Carolina amongst themselves ariseing without the Limits of Carolina as also all con-
troversies in Merchandizing that shall happen between Denizons of Carolina & Forreigners The twelve Assis-
tants belonging to this court shall be called rear Admiralls

(28) The High Stewards Courte Consisting of a a Proprietor & his Six Councellors who shall be called Comptrollers shall
have the Care of all forraigne & domestick trade Manufactures, publick buildings workhouses, Highways, pas-
sages by water above flood of the Tyde, Draines, Sewers & banks against Inundation, Bridges, Posts, Carriers, [fairs]
Marketts and all things in order to travell & Comerce or any thing that may Corrupt, deprave, or Infect the Common [air]
or water & all other things wherein the publick Comerce or health is concerned The twelve Assistants belonging to
this Court shall be called Surveyors

(29) The High Stewards Courte shall have alsoe power to make any publick Building or any new highway or [enlarge any]
ould highway upon any mans Land whatsoever as alsoe to make Cutts Channells, Bancks, Locks & Bridges, or make
rivers Navigable Draineing of Fenns or any other publick uses, the damage the owners of such lands [(or others of]
which any such publick thing) shall be made shall receive thereby shall be valued by a Jury of the precinct [&]
any such thing is done & satisfaction shall be made accordingly by a taxe either on the County in Generall or [[cut off]]
particular precinct as the grand Councill shall thinke fitt to order in that particular case

[30] [[cut off]] Consisting of a Proprietor & his six Councillors called under Treasurers shall take
care of all matters that Concerne the publick revenue & treasury the twelve Assistants shall be called Au-
ditors

(31) The Chamberlaines Courte Consisting of a Proprietor & his six Councellors called vice Chamberlains shall
have power to Convocate the grand Councill shall have the Care of all Ceremonies Preceddency
Heraldry reception of publick Messengers &c Pedigrees the Registrys of all births, burialls, & Marriages
Legittimation & all Cases Conscerning Matrimony or ariseing from it & shall alsoe have power to regulate
all fashions Habits, badges, Games, & sports, The twelve Assistants belonging to this Court shallbe called provosts

(32) All causes belonging too 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 Cours shall have a power to Mittigate all fines & suspend execution either before or
after Sentance in any of the other respective Inferior 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 opi-
nions be required nor have any vote at all, but their businesse shall be by direction of the respective Courts
to prepare such businesse as shall be Comitted 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 thinke fitt

(35) The Grand Councill shall consist of the Pallatine & Seaven Proprietors & the forty two Councellors of the Severall
Proprietors Courts who shall have power to determine any controversies that may arise bwtweene any of the Proprietors
Courts about their respective Jurisdictions to make peace & warr Leagues Treatys &c to Issue out their Gennerall Orders
to the Constables & Admiralls court for the raiseing disposeing or disbanding the Forces by land or sea to prepare all Matters
to be proposed in Parliament and that noe Tax nor any law or matter be proposed debated or voted in Parliament
but what hath first passed the Grand Councill 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 bee at all Obligatory unlesse
it bee three Severall dayes read openly in the Parliament & then afterwards by Majority of votes enacted dureing the same
Session wherein it was thrice read

(36) The Grand Councill shall allwayes be Judges of all Causes & Appeales that shall concerne the Pallatine or any of-
the Proprietors or any Councellor of Any Proprietors court in any case which otherwise should have been tryed in that court in which the
said councellor himselfe is Judge

(37) The Quorum of the Grand Councill shall be thirteene whereof a Proprietor or his Deputy to be allwayes one

(38) The Grand Councill by their Warrants to the Treasurers Court shall dispose of the Money given by the Parliament
and by them designed to any particular Publick Use

(39) The Pallatine or any of the Proprietors shall have Power by deputation under hand & 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 Artickle the Twelfth, All such Deputations shall cease & determine of
themselves at the end of two yeares and at anytime within the said two yeares shall be revoakable at the pleasure of
the deputator

(40) Dureing the minority of any Proprietor his Guardian shall have Power to Constitute and appoint his deputy

(41) Noe member of Parliament Councellor Assistant or Justice shall have power to Constitute a deputy or doe
any thing by Proxie in their respective places

(42) The Pallatines deputy shall allwayes be a Proprietor if any such be in Carolina And if noe Proprietor be
in Carolina the Eldest sonn of a 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 allwayes one of their owne Six Councellors respectively

(44) In every Collony there shall be a Courte which shall have the power of a courte leet & hudnred Courte & shall hold
plea of all personall actions not exceeding tenn pounds without appeale

(45) In every precinct there shall be a Steward & fower Justices of the precinct Inhabitants & haveing three hundred
acres of Freehould in the said province who shall Judge all Criminall Causes except for treason, Murder & any other
Offences punishable with death & all civill causes whatsoeever & in all personal actions not exceeding fifty pounds without
appeale but where the cause shall exceed that vallew concerne a tytle of land there either party upon paying tenn pounds
to the Proprietors shall have liberty of appeale unto the County Court

(46) In every county there shall be a Sherriffe & fower Justices of the County being Inhabitants & haveing each of them Five
hundred acres of freehold within the said County to be chosen & Commissionated from time to time by the Pallatine &
Proprietors who shall trye & Judge all appeales from any of the precinct Courts

(47) For any personall Causes exceeding the vallew of 200 £ or title of land either party upon paying of twenty pounds

unto the Proprietors we shall have liberty of appeale from the County Court unto the Proprietors Court

(48) For treason & murder & all other offences punishable with death there shall be a Commission twice every yeare at least granted [to]
one or more of the members of the Councells or Colledges who shall come as Itinerant Judges to the Severall Countys & with the
Sheriffe and foure Justices shall hould assizes and Judge all such causes

(49) For Termes there shall be such a certaine Number of dayes not exceeding Fourteene at any one time as the severall respec-
tive courts shall appoint And the time for sitting for the precinct Courts shall beginn the first Monday of January, April,
July, & October, & for the County Court the First Munday of February, May, August & November And for the Proprietors
Court the first Monday of March, June, September & December

(50) For Juryes in the Collony Courte any housholder is capeable of being a Juryman.in the precinct courte noe man to be a Jury
man under Fifty acres of Freehould in the County court noe man to be a Jury man under two hundred acres of of Freehould
And in the Proprietors Court noe man to be a Grand Jury man under five hundred acres of Freehould

(51) In every Signiory & Barrony the Lord shall have power in his owne name to hold court there for trying of all causes both civill &
Criminall except Treason or Murder but where it shall concerne any other person Being noe Inhabitant or Vassall of the
said Barrony or Signiory he upon paying downe of fourty shillings unto the Proprietors use shall have an appeale from there
unto the County courte & if the lord be cast to repay unto the Appealant the said forty shillings with other Charges

(52) In case the Lord of any such Signiory or Barrony shall have made any contract or Agreement with his Tenants which Agree[ment]
by consent is Registred in the Proprietors court then in such case the Tennant may appeale thereunto bring his Complaint
Originally Before the Proprietors court for the performance of such Agreements & not otherwise

(53) Noe cause shall be twice tryed in any one Courte upon any reason or pretence whatsoever

(54) There shall be a Registry in every precinct wherein shall be Enrolled all deeds Leases Judgements or other convey-
ances which may concerne any of the land within the said precinct and all such conveyances not soe entered or Registred
shall not be of force against any person not privy to the said Contract or Conveyance

(55) Noe Man shall be a Register of any precinct who hath not above three hundred acres of freehold within the said precinct

(56) The Freeholders of every precinct shall Nominate three men Out of the three the Proprietors shall choose & Comission
one to be Register of the said Precinct whilst he shall well behave himselfe

(57) There shall be in every Collony one Constable to be chosen Annually by the Collony Court his estate to be above one hundred
acres of Freehold within the said Collony and such Subordinate Officers appointed for his Assistance as the
Collony Courts shall Finde requisite & shall be approved & Established by the precinct Court the elec[tion]
of the Subordinate Annuall Officers Shall be in the Collony courte

(58) All Townes incorporate shall be Governed by a Major Twelve Aldermen & twenty fower of the Comon Counill the said Common Council to be [cho-]
sen by the present housholders Inhabiting the the said towne And the Aldermen to be chosen out of the Common
Councill And the Major out of the Aldermen by the Pallatine & Proprietors

(59) The Lords of Signiorys & Barronys shall have onely power of Granting Estates not exceeding three lives or under
thirty yeares in two thirds of the said Signiory or Barrony & the other third to be demesne

(60) The Grand Jurys at the Severall Assizes shall upon the Oaths & under their hands & Seales deliver into the
Itinerant Judges a presentment of such greevances Misdemeaners Exigencyes or defects which they shall thinke Neces-
sary for the publick good of the Country which presentment shall by the Itinerant Judges at the end of their
circuite be delivered into the Grand Councell at their next sitting And whatever therein Concerns the Execution
of laws allready made The Severall Proprietors Courts in the Matters belonging to each of them respectively shall
take Cognizance of it & such order about it as shall be effectuall for the due Execution of the laws; but what ever
Concernes the makeing of any New laws shall be referred to the respective courts to which the Matter belongs
and by them be prepared and brought into the Grand Councill ~

(61) 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 publickely & Solemnly to be worshipped

(62) But since the Natives of the place who will be concerned in our plantation are utterly Strangers to Christianity
whose Idolatry Ignorance 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 where[of]
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 & our Agreement & Compact with all
men may be duely & faithfully observed the violation whereof upon what pretence soever cannot be without great
Offence to Almighty god & great Scandall to the true Religion which we proffess And alsoe that heathens, Jews
& other dissenters from the purity of Christian Religion May not be sceared & kept at a distance from the
Knowledge of it but by haveing an opportunity of acquainteing themselves with the truth & reasonableness of
its doctrines & the peaceablenesse & inoffencivenesse of its proffessors may by good Usage & perswasion & all
those convinceing Methods of Gentlenesse & Meekenesse Suitable to the rules and designe of the gospell
be wonn over to embrace & unfeignedly receive the truth Therefore any Seaven or more persons agreeing in any Religion
shall Constitute a Church or proffession to which they shall give some name to distinguish it from others

(63) The Terms of Admittance & Communion with any church or Profession shall be written in a book & [then]
be subscribed by all members of the said Church or Profession

& but one Religious record at once

(67) The Religious Record of every church or profession shall be kept by the publick Register of the precinct where
they reside

(68) Noe man of another Church or profession shall disturb or molest any Religeous Assembly

(69) Noe man whatsoever shall speak any thing in their Religeous Assembly Irreverently or Seditiously of the Governement
or Governors or States Matters

(70) Any person Subscribing the Termes of Comunion of any Church or profession in the Record of the said Church
before the precinct Register & any one Member of the said Church or profession shall be thereby made a
member of the said Church or profession

(71) 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

(72) Noe person shall use any reproachfull reviling or Abusive Language against the Religion of any Church or pro-
fession that being the certaine way of disturbing the publick peace & of hindering the conversion of any to
the truth by Engadgeing them in Quarrells & animositys to the hatred of the professors & that profession which otherwise
they might be brought to assent to

(73) Since charity Obleidgeth us to wish well to the Souls of all men, and Religion ought to alter Nothing in any mans
civill State, it shall be lawfull for Slaves as all others to enter themselves & be of what Church any of them shall
thinke best & thereofe be as fully members as any Freeman but yett noe slave shall hereby be exempted from that
Civill dominion his master had over him but be in all other things in the same state & condition he was in before

(74) Assemblys upon what pretence of Religion soever not observeing & performing the abovesaid rules shall not be
Esteemed Churches but unlawfull meetings & be punished as other riots

(75) Noe person whatsoever shall disturb molest or persecute another for his speculative opinions in Religion or
his way of Worship

(76) Noe person whatsoever shall hould or claime any land in Carolina By purchase, gift, or otherwise from the Natives
or any other person whatsoever but meerly from & under the said Proprietors upon paine of Forfeiture of all
his estate moveable or unmoveable and perpetuall bannishment

(77) Whoever shall possesse any freehould in Carolina upon what tytle or grant soever shall at the Furthest from & after
the yeare One Thousand Six hundred eighty nine Pay yearely 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 vallew thereof to be as a Chiefe rent &
acknowledgement to the Proprietors their heires & Successors for ever. And it shall be lawfull for the Proprie-
tors by their Officers at any time to take a new Survey of any mans land, not to out him of any part of his
possession but that by such a survey the Just Number of acres hee possesseth may be knowne & the rent there-
upon due may be paid by him

78 All wracks, Mines, Minerals, Quarrys of Gems & pretious stones with whale Fishing & perle Fishing & one
Halfe of all Ambergreese by whomsoever found shall wholly belong to the Proprietors

(79) All Inhabitants & Freemen of Carolina above Sixteene yeares of age & under Sixty shall be bound to bear
Armes & serve as Souldiers when ever the Grand Councill shall finde it necessary

(80) Noe person whatsoever shall plant Inhabit or be Naturalized in Carolina who doth not enter his name in the Registry
of some Precinct before the Register Subscribeing Allegiance to our Soveraigne Lord the King & Submission &
Fidelity to & defence of the Proprietors & this Forme of Government contained in this Establishment & Fundamentall
Constitution & any man that doth soe shall be naturalized

(81) These Fundamental Constitutions & every parte thereof shallbe & remaine as the unalterable forme & rule of
Governement forever Wittnesse our hands & Seales the one & twentieth day of July in the Yeare of our lord One
Thousand Six hundred Sixty & nine Albemarle [seal] Craven [seal] Jo Berkley [seal] Ashley [seal] G. Carteret [seal] P. Colleton
[Editor’s Note: William Berkeley’s name & seal appear to be left off]