have Power also to make any publick Building or any new High-way or enlarge any old High-way 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 shall receive thereby shall be valued and Satisfaction made by such Ways as the Grand Council shall appoint The Twelve Assistants belonging to this Court shall be called Surveyors § 45. The Chamberlain's Court consisting of a Proprietor and his Six Councellors called Vice-Chamberlains shall have the Care of all Ceremonies Precedency Heraldry Reception of publick Messengers Pedegrees the Registry of all Births Burials and Marriages Legitimation and all Cases concerning Matrimony or arising from it and shall also have Power to regulate all Fashions Habits Badges Games and Sports To this Court also it shall belong to convocate the Grand Council The Twelve Assistants belonging to this Court shall be called Provosts § 46. All Causes belonging to or under the Jurisdiction of any of the Proprietors Courts shall in them respectively be tryed and ultimately determined without any farther Appeal § 47. The Proprietors Courts shall have a Power to mitigate all Fines and suspend all Executions in Criminal Causes either before or after Sentence in any of the other inferior Courts respectively § 48. In all Debates Hearings or Trials 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 Business as shall be committed to them as also to bear such Offices and dispatch such Affairs either where the Court is kept or elsewhere as the Court shall think fit § 49. In all the Proprietors Courts the Proprietor and any Three of his Councellors shall make a Quorum provided always That for the better Dispatch of Business it shall be in the Power of the Palatine's Court to direct what sort of Causes shall be heard and determined by a Quorum of any Three § 50. The Grand Council shall consist of the Palatine and Seven Proprietors and the Forty Two Councellors of the several 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 Proceeding To make Peace and War Leagues Treaties c. with any of the Neighbour Indians To issue out their general Orders to the Constable's and Admiral 's Courts for the Raising Disposing or Disbanding the Forces by Land or by Sea § 51. The Grand Council shall prepare all Matters to be proposed in Parliament Nor shall any Matter whatsover be proposed in Parliament but what hath first passed the Grand Council which after having been read Three several Days in the Parliament shall by Majority of Votes be passed or rejected § 52. The Grand Council shall always be Judges of all Causes and Appeals that concern the Palatine or any of the Lords Proprietors or any Councellor of any Proprietor's Court in any Cause which otherwise should have been tried in the Court in which the said Councellor is Judge himself § 53. The Grand Council by their Warrants to the Treasurer's Court shall dispose of all the Money given by the Parliament and by them directed to any particular publick Use § 54. The Quorum of the Grand Council shall be Thirteen whereof a Proprietor or his Deputy shall be always one § 55. The Grand Council shall meet the first Tuesday in every Month and as much oftner as either they shall think fit or they shall be convocated by the Chamberlain's Court. § 56. The Palatine or any of the Lords Proprietors shall have Power under Hand and Seal 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 Acts of Parliament as in § 76. and except also in Nominating and Chusing Landgraves and Cassiques as in § 10. All such Deputations shall cease and determine at the End of Four Years and at any Time shall be revocable at the Pleasure of the Deputator § 57. No Deputy of any Proprietor shall have any Power whilst the Deputator is in any Part of Carolina except the Proprietor whose Deputy he is be a Minor § 58. During the Minority of any Proprietor his Guardian shall have Power to constitute and appoint his Deputy § 59. The Eldest of the Lords Proprietors who shall be personally in Carolina shall of Course be the Palatine's Deputy and if no Proprietor be in Carolina he shall chuse his Deputy out of the Heirs Apparent of any of the Proprietors if any such be there and if there be no Heir Apparent of any of the Lords Proprietors above One and Twenty Years old in Carolina then he shall chuse for Deputy any one of the Landgraves at the Grand Council and till he have by Deputation under Hand and Seal 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 § 60. Each Proprietor's Deputy shall be always one of his own Six Councellors respectively and in case any of the Proprietors hath not in his Absence out of Carolina a Deputy commissionated under his Hand and Seal the Eldest Nobleman of his Court shall of Course be his Deputy § 61. 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 Freehold within the said County and the Justices shall be Inhabitants and have each of them Five Hundred Acres apiece Freehold within the Precinct for which they serve respectively These Five shall be chosen and commissionated from Time to Time by the Palatine's Court. § 62. For any Personal Causes exceeding the Value of Two Hundred Pounds Sterling or in Title of Land or in any Criminal Cause either Party upon paying Twenty Pounds Sterling to the Lords Proprietors Use shall have Liberty of Appeal from the County Court unto the respective Proprietor's Court. § 63. In every Precinct there shall be a Court consisting of a Steward and Four Justices of the Precinct being Inhabitants and having Three Hundred Acres of Freehold within the said Precinct who shall judge all Criminal Causes except for Treason Murther and any other Offences punishable with Death and except all Criminal Causes of the Nobility and shall judge also all Civil Causes whatsoever and
in all personal Actions not exceeding Fifty Pounds Sterling without Appeal But where the Cause shall exceed that Value or concern a Title of Land and in all Criminal Causes there either Party upon paying Five Pounds Sterling to the Lords Proprietors Use shall have Liberty of Appeal to the County Court § 64. No Cause shall be Twice tried in any one Court upon any Reason or Pretence whatsoever § 65. For Treason Murther and all other Offences punishable with Death there shall be a Commission Twice a Year at least granted unto one or more Members of the Grand Council or Colleges who shall come as itinerant Judges to the several Counties and with the Sheriff and Four Justices shall hold Assizes to judge all such Causes But upon paying of Fifty Pounds Sterling to the Lords Proprietors Use there shall be Liberty of Appeal to the respective Proprietor's Court. § 66. The Grand-Jury at the several Assizes shall upon their Oaths and under their Hands and Seals deliver in to the itinerant Judges a Presentment of such Grievances Misdemeanors Exigences or Defects which they think necessary for the publick 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 concerns the Execution of Laws already made the several Proprietors Courts in the Matters belonging to each of them respectively shall take Cognizance of it and give such Orders about it as shall be effectual for the due Execution of the Laws But whatever concerns the making of any new Law shall be referred to the several respective Courts to which that Matter belongs and be by them prepared and brought to the Grand Council § 67. For Terms there shall be Quarterly such a certain Number of Days not exceeding One and Twenty at any one Time as the several respective Courts shall appoint The Time for the Beginning of the Term in the Precinct Court shall be the first Monday in January April July and October in the County Court the first Monday in February May August and November and in the Proprietors Courts the first Monday in March June September and December § 68. 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 § 69. Every Jury shall consist of Twelve Men and it shall not be necessary they should all agree but the Verdict shall be according to the Consent of the Majority § 70. It shall be a base and vile Thing to plead for Money or Reward nor shall any one except he be a near Kinsman not farther off than Cousin-german to the Party concern'd be permitted to plead another Man's Cause till before the Judge in open Court he hath taken an Oath that he doth not plead for Money or Reward nor hath nor will receive nor directly nor indirectly bargain'd with the Party whose Cause he is going to plead for Money or any other Reward for pleading his Cause § 71. There shall be a Parliament consisting of the Proprietors or their Deputies the Landgraves and Cassiques and one Freeholder out of every Precinct to be chosen by the Freeholders of the said Precinct respectively They shall sit altogether in one Room and have every Member one Vote § 72. No Man shall be chosen a Member of Parliament who hath less than Five Hundred Acres of Freehold within the Precinct for which he is chosen nor shall any have a Vote in chusing the said Member that hath less than Fifty Acres of Freehold within the said Precinct § 73. A new Parliament shall be assembled the first Monday of the Month of November every Second Year and shall meet and sit in the Town they last sat in without any Summons unless by the Palatine's Court they be summon'd to meet at any other Place And if there shall be any occasion of a Parliament in these Intervals it shall be in the Power of the Palatine's Court to assemble them in Forty Days Notice and at such Time and Place as the said Court shall think fit and the Palatine's Court shall have Power to dissolve the Parliament when they shall think fit § 74. 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 Parliament till he hath that Session subscribed these Fundamental Constitutions in a Book kept for that Purpose by the Clerk of the Parliament § 75. In order to the due Election of Members for the Biennial Parliament it shall be lawful for the Freeholders of the respective Precincts to meet the first Tuesday in September every Two Years in the same Town or Place that they last met in to chuse Parliament-Men and there chuse those Members that are to sit the next November following unless the Steward of the Precinct shall by sufficient Notice Thirty Days before appoint some other Place for their Meeting in order to the Election § 76. No Act or Order of Parliament shall be of any Force unless it be ratified in open Parliament during the same Session by the Palatine or his Deputy and Three more of the Lords Proprietors or their Deputies and then not to continue longer in Force but until the next biennial Parliament unless in the mean time it be ratified under the Hands and Seals of the Palatine himself and Three more of the Lords Proprietors themselves and by their Order publish'd at the next biennial Parliament § 77. Any Proprietor or his Deputy may enter his Protestation against any Act of the Parliament before the Palatine or his Deputy's Consent be given as aforesaid if he 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 Government then it shall pass no farther but be as if it had never been proposed § 78. The Quorum of the Parliament shall be one half of those who are Members and capable of Sitting in the House that present Sessions of Parliament The Quorum of each of the Chambers of Parliament shall be one half of the Members of that Chamber § 79. To avoid
and Wares there laded or to be laded or unladed the said Customs to be reasonably assessed upon any Occasion by themselves and by and with the Consent of the free People there or the greater Part of them as aforesaid to whom We give Power by these Presents for Us our Heirs and Successors upon just Cause and in a due Proportion to assess and impose the same And further of our especial Grace certain Knowledge and meer Motion we have given granted and confirmed and by these Presents for Us our Heirs and Successors do give grant and confirm unto the said Edward Earl of Clarendon George Duke of Albemarle VVilliam Lord Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir VVilliam Berkeley and Sir John Colleton their Heirs and Assigns full and absolute License Power and Authority that the said Edward Earl of Clarendon George Duke of Albemarle VVilliam Lord Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir VVilliam Berkley and Sir John Colleton their Heirs and Assigns from Time to Time hereafter for ever at his and their Will and Pleasure may assign alien grant demise or enfeoft the Premises or any Parts or Parcells thereof to him or them that shall be willing to purchase the same and to such Person or Persons as they shall think fit to have and to hold to them the said Person or Persons their Heirs and Assigns in Fee simple or Fee Tayle or for Term of Life or Lives or Years to be held of them the said Edward Earl of Clarendon George Duke of Albemarle VVilliam Lord Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir William Berkeley and Sir John Colleton their Heirs and Assigns by such Rents Services and Customs as shall seem meet to the said Edward Earl of Clarendon George Duke of Albemarle VVilliam Lord Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir William Berkeley and Sir John Colleton their Heirs and Assigns and not immediately of Us our Heirs and Successors And to the same Person and Persons and to all and every of them We do give and grant by these Presents for Us our Heirs and Successors License Authority and Power that such Person or Persons may have or take the Premises or any Parcel thereof of the said Edward Earl of Clarendon George Duke of Albemarle VVilliam Lord Craven John Lord Berkely Anthony Lord Ashley Sir George Carterett Sir William Berkeley and Sir John Colleton their Heirs and Assigns and the same to hold to themselves their Heirs or Assigns in what Estate of Inheritance whatsoever in Fee simple or in Fee Tayle or otherwise as to them and the said Earl of Clarendon George Duke of Albemarle William Lord Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir William Berkeley and Sir John Colleton their Heirs and Assigns shall seem expedient The Statute made in the Parliament of Edward Son of King Henry heretofore King of England our Predecessor commonly called The Statute of Quia Emptores Terrae or any other Satute Act Ordinance Use Law Custom or any other Matter Cause or Thing heretofore published or provided to the contrary in any wise notwithstanding And because many Persons born or inhabiting in the said Province for their Deserts and Services may expect and be capable of Marks of Honour and Favour which in respect of the great Distance cannot conveniently be conferred by Us our Will and Pleasure therefore is and We do by these Presents give and grant unto the said Edward Earl of Clarendon George Duke of Albemarle Willliam Lord Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir William Berkeley and Sir John Colleton their Heirs and Assigns full Power and Authority to give and conferr unto and upon such of the Inhabitants of the said Province as they shall think do or shall merit the same such Marks or Favour and Titles of Honour as they shall think fit so as these Titles of Honour be 〈…〉 conferred upon any the 〈◊〉 of this Our Kingdom of 〈◊〉 And further also We do by these Presents for Us Our Heirs and Successors give and Grant License to them the said Edward Earl of Clarendon George Duke of Albemarle William Lord Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir William Berkeley and Sir John Colleton their Heirs and Assigns full Power Liberty and License to Erect Raise and Build within the said Province and Places aforesaid or any Part or Parts thereof such and so many Forts Fortresses Castles Cities Borroughs Towns Villages and other Fortifications whatsoever and the same or any of them to Fortify and Furnish with Ordinance Powder Shot Armory and all other Weapons Ammunition Habiliments of War both Offensive and Defensive as shall be thought fit and convenient for the Safety and Welfare of the said Province and Places or any Part thereof and the same or any of them from Time to Time as Occasion shall require to Dismantle Disfurnish Demolish and pull down and also to Place Constitute and Appoint in or over all or any of the said Castles Forts Fortifications Cities Towns and Places aforesaid Governours Deputy Governours Magistrates Sheriffs and other Officers Civil and Military as to them shall seem meet and to the said Cities Burroughs Towns Villages or any other Place or Places within the said Province to Grant Letters or Charters of Incorporation with all Liberties Franchises and Priviledges requisite and usual or to or within any Corporations within this Our Kingdom of England granted or belonging and in the same Citties Burroughs Towns and other Places to Constitute Erect and Appoint such and so many Markets Marts and Fairs as shall in that Behalf be thought fit and necessary and further also to Erect and Make in the Province aforesaid or any Part thereof so many Mannors as to them shall seem meet and convenient and in every of the same Mannors to have and to hold a Court-Baron with all things whatsoever which to a Court-Baron do belong and to have and to hold Views of Franck Pledge and Court-Leet for the Conservation of the Peace and better Government of those Parts within such Limits Jurisdictions and Precincts as by the said Edward Earl of Clarendon George Duke of Albemarle William Lord Craven John Lord Berkely Anthony Lord Ashley Sir George Carterett Sir William Berkeley and Sir John Colleton or their Heirs shall be appointed for that purpose with all things whatsoever which to a Court Leet or view of Franck Pledge do belong the said Court to be holden by Stewards to be Deputed and Authorized by the said Edward Earl of Clarendon George Duke of Albemarle William Lord Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir William Berkeley and Sir John Colleton or their Heirs or by the Lords of other Mannors and Leets for the Time being when the same shall be Erected And because that in so remote a Country and Scituate among
and Assigns That they the said Edward Earl of Clarendon George Duke of Albemarle William Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir John Colleton and Sir VVilliam Berkeley their Heirs and Assigns may from Time to Time for ever have and enjoy the Customs and Subsidies in the Ports Harbours Creeks and other Places within the Province aforesaid payable for the Goods Merchandizes and Wares there laded or be laded or unladed the said Customs to be reasonably assessed to upon any Occasion by themselves and by and with the Consent of the free People or the greater Part of them as aforesaid to whom We give Power by these Presents for Us our Heirs and Successors upon just Cause and in a due Proportion to assess and impose the same And further of our especial Grace certain Knowledge and meer Motion we have given granted and confirmed and by these Presents for Us our Heirs and Successors do give grant and confirm unto the said Edward Earl of Clarendon George Duke of Albemarle VVilliam Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir John Colleton and Sir VVilliam Berkeley their Heirs and Assigns full and absolute Power License and Authority that they the said Edward Earl of Clarendon George Duke of Albemarle VVilliam Earl Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir John Colleton and Sir VVilliam Berkley their Heirs and Assigns from Time to Time hereafter for ever at his and their Will and Pleasure may assign alien grant demise or enfeoff the Premises or any Part or Parcell thereof to him or them that shall be willing to purchase the same and to such Person and Persons as they shall think fit to have and to hold to them the said Person or Persons their Heirs and Assigns in Fee simple or in Fee Tayle or for the Term of Life or Lives or Years to be held of them the said Edward Earl of Clarendon George Duke of Albemarle VVilliam Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir John Colleton and Sir William Berkeley their Heirs and Assigns by such Rents Services and Customs as shall seem fit to them the said Edward Earl of Clarendon George Duke of Albemarle VVilliam Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir John Colleton and Sir William Berkeley their Heirs and Assigns and not of Us our Heirs and Successors And to the same Person and Persons and to all and every of them We do give and grant by these Presents for Us our Heirs and Successors License Authority and Power that such Person or Persons may have and take the Premises or any Parcel thereof of the said Edward Earl of Clarendon George Duke Of Albemarle VVilliam Earl of Craven John Lord Berkely Anthony Lord Ashley Sir George Carterett Sir John Colleton and Sir William Berkeley their Heirs and Assigns and the same to hold to themselves their Heirs or Assigns in what Estate of Inheritance soever in Fee simple or in Fee Tayle or otherwise as to them the said Edward Earl of Clarendon George Duke of Albemarle William Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir John Colleton and Sir William Berkley their Heirs and Assigns shall seem expedient The Statute in the Parliament of Edward Son of King Henry heretofore King of England our Predecessor commonly called The Statute of Quia Emptores Terrar or any other Satute Act Ordinance Use Law Custom or any other Matter Cause or Thing heretofore published or provided to the contrary in any wise notwithstanding And because many Persons born and inhabiting in the said Province for their Deserts and Services may expect and be capable of Marks of Honour and Favour which in respect of the great Distance cannot conveniently be conferred by Us our Will and Pleasure therefore is and We do by these Presents give and grant unto the said Edward Earl of Clarendon George Duke of Albemarle William Lord Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir John Colleton and Sir William Berkeley 〈◊〉 Heirs and Assigns full Power and Authority to give and conferr unto and upon such of the Inhabitants of the said Province or Territory as they shall think do or shall merit the same such Marks of Favour and Titles of Honour as they shall think fit so as their Titles or Honours be not the same as are enjoyed by or conferred upon any of the Subjects of this Our Kingdom of England And further also We do by these Presents for Us Our Heirs and Successors give and Grant License to them the said Edward Earl of Clarendon George Duke of Albemarle William Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir John Colleton and Sir William Berkeley their Heirs and Assigns full Power Liberty and License to Erect Raise and Build within the said Province and Places aforesaid or any Part or Parts thereof such and so many Forts Fortresses Castles Cities Burroughs Towns Villages and other Fortifications whatsoever and the same or any of them to Fortify and Furnish with Ordnance Powder Shot Armour and all other Weapons Ammunition and Habiliments of War both Defensive and Offensive as shall be thought fit and convenient for the Safety and Welfare of the said Province and Places or any Part thereof And the same or any of them from Time to Time as Occasion shall require to Dismantle Disfurnish Demolish and pull down And also to Place Constitute and Appoint in or over all or any of the said Castles Forts Fortifications Cities Towns and Places aforesaid Governours Deputy Governours Magistrates Sheriffs and other Officers Civil and Military as to them shall seem meet And to the said Cities Burroughs Towns Villages or any other Place or Places within the said Province or Territory to Grant Letters or Charters of Incorporation with all Liberties Franchises and Priviledges requisite or usual or to or within this Our Kingdom of England granted or belonging And in the same Citties Burroughs Towns and other Places to Constitute Erect and Appoint such and so many Markets Marts and Fairs as shall in that Behalf be thought fit and necessary And further also to Erect and Make in the Province or Territory aforesaid or any Part thereof so man Mannors with such Signories as to them shall seem meet and convenient and in every of the same Mannors to have and to hold a Court-Baron with all Things whatsoever which to a Court-Baron do belong and to have and to hold Views of Franck Pledge and Courts-Leet for the Conservation of the Peace and better Government of those Parts with such Limits Jurisdiction and Precincts as by the said Edward Earl of Clarendon George Duke of Albemarle William Earl of Craven John Lord Berkely Anthony Lord Ashley Sir George Carterett Sir John Colleton and Sir William Berkeley or their Heirs shall be appointed for that purpose