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act_n king_n parliament_n sovereign_a 3,527 5 9.3552 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A48880 The fundamental constitutions of Carolina; Constitution (1669) Locke, John, 1632-1704. 1670 (1670) Wing L2743A; ESTC R221365 16,616 28

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willing out of one Colledge into another provided he be of the same Degree and Choice 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 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 §. 31 No Man being a Member of the Grand Council or of any of the seven Colledges shall be turned out but for Misdemeanor of which the Grand Council shall be Judge and the Vacancy of the Person so put out shall be filled not by the Election of the Grand Council but by those who first chose him and out of the same Degree he was of who is expelled But it is not hereby to be understood that the Grand Council hath any power to turn out any one of the Lords Proprietors or their Deputies the Lords Proprietors having in themselves an inherent original Right §. 32 All Elections in the Parliament in the several Chambers of the Parliament and in the Grand Council shall be Passed by Baloting §. 33 The Palatine's Court shall consist of the Palatine and seven Proprietors wherein nothing shall be acted without the Presence and Consent of the Palatine or his Deputy and three others of the Proprietors or their Deputies This Court shall have power to call Parliaments to pardon all Offences to make Elections of all Officers in the Proprietors dispose and to nominate and appoint Port-Towns And also shall have power by their Order to the Treasurer to dispose of all Publick Treasure excepting Money granted by the Parliament and by them directed to some particular publick Use And also shall have a Negative upon all Acts Orders Votes and Judgments of the Grand Council and the Parliament except onely as in § 6. and 12. And shall have all the Powers granted to the Lords Proprietors by their Patent from OUR SOVERAIGN LORD THE KING except in such things as are limited by these FUNDAMENTAL CONSTITUTIONS §. 34 The Palatine himself when he in Person shall be either in the Army or in any of the Proprietors Courts shall then have the Power of General or of that Proprietor in whose Court he is then present and the Proprietor in whose Court the Palatine then Presides shall during his presence there be but as one of the Council §. 35 The Chancellor's Court consisting of one of the Proprietors and his six Chancellors who shall be called Vice-Chancellors shall have the custory of the Seal of the Palatinate under which all Charters of Lands or otherwise Commissions and Grants of the Palatine's Court shall pass And it shall not be lawful to put the Seal of the Palatinate to any Writing which is not Signed by the Palatine or his Deputy and three other Proprietors or their Deputies To this Court also belongs all State Matters Disspatches and Treaties with the neigbor Indians To this Court also belongs all Invasions of the Law of Liberty of Conscience and all Disturbances of the Publick Peace upon pretence of Religion as also the Licence of Printing The twelve Assistants belonging to this Court shall be called Recorders §. 36 Whatever passes under the Seal of the Palatinate shall be Registred in that Propristor's Court to which the Matter therein contained belongs §. 37 The Chancellor or his Deputy shall be always Speaker in Parliament and President of the Grand Council and in his and his Deputy's absence one of his Vice-Chancellors §. 38 The Chief Iustice's Court consisting of one of the Proprietors and his six Chancellors who shall be called Iustices of the Bench shall Judge all Appeals 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 Tried in those Courts respectively The Government and regulation of the Registries of Writings and Contracts shall belong to the Iurisdiction of this Court. The twelve Assistants of this Court shall be called Masters §. 39 The Constables Court consisting of one of the Proprietors and his six Councellors who shall be called Marshals shall order and determine of all Military Affairs by Land and all Land-Forces Arms Ammunition Artillery Garrisons and Forts c. and whatever belongs unto War His twelve Assistants shall be called Lieutenane-Generals §. 40 In time of actual War the Constable whilst he is in the Army shall be General of the Army and the six Councellors or such of them as the Palatine's Court shall for that time or Service appoint shall be the immediate great Officers under him and the Lieutenant-Generals next to them §. 41 The Admiral 's Court consisting of one of the Proprietors and his six Councellors called Consuls shall have the care and inspection over all Ports Moles and Navigable Rivers so far as the Tide flows and also all the publick Shipping of Carolina and Stores thereunto belonging and all Maritime Affairs This Court also shall have the Power of the Court of Admiralty and shall have power to Constitute Judges in Port-Towns to Try Cases belonging to Law-Merchant as shall be most convenient for Trade The twelve Assistants belonging to this Court shall be called Proconsuls §. 42 In time of actual War the Admiral whilst he is at Sea shall Command in Chief and his six Councellors or such of them as the Palatine's Court shall for that time and Service appoint shall be the immediate great Officers under him and the Proconsuals next to them §. 43 The Treasurer's Court consisting of a Proprietor and his six Councellors called Under-Treasurers shall take care of all Matters that concern the Publick Revenus and Treasury The twelve Assistants shall be called Auditors §. 44 The High Steward's Court consisting of a Proprietor and his six Councellors called Comptrollers shall have the care of all Foreign and Domestick Trade Manufactures publick Buildings Work-houses Highways Passages by Water above the Flood of the Tide Drains Sewers and Banks against Inundations Bridges Post Carriers Fairs Markets Corruption or Infection of the common Air or Water and all things in order to the publick Commerce and Health also Setting out and Surveying of Lands and also Setting out and appointing Places for Towns to be built on in the Precincts and the prescribing and determining the Figure and bigness of the said Towns according to such Models as the said Court shall order contrary or differing from which Models it shall not be lawful for any one to Build in any Town This Court shall have power also to make any publick Building or any new Highway or enlarge any old Highway upon any Man's Land whatsoever as also to make Cuts Channels Banks Locks and Bridges for making Rivers Navigable or for Draining Fens or any other publick Use. The Damage the Owner of such Lands on or through which any such publick thing shall be made