and Voting in the Upper House and shall continue defective in the said Qualification for the space of Forty Years successively such Landgrave or Cassique his Heirs and Successors shall from thenceforth be for ever utterly Excluded and his or their Dignity Honour Priviledge and Title of Landgrave or Cassique shall cease and be utterly lost and the Letters Patents of Creation of such Dignity shall be vacated 15. AND in order to the due Election of Members for the Biennial Parliament it shall be lawful for the Freeholders of the respective Precinct to meet the first Tuesday in September every Two Years in the same Town or Place they last met in to choose Parliament-Men and there to choose those Members that are to sit next November following unless the Proprietors Court shall by sufficient Notice _____ Days before appoint some other Place for their Meeting 16. 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 Proprietors Court in Carolina they be summoned to meet at any other Place and if there shall be Occasion of a Parliament in these Intervals it shall be in the power of the Proprietors Court to assemble them in _____ Days Notice and at such Time and Place as the Court shall think fit 17. 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 the Proprietors and the Members then present shall subscribe Nor shall any Person whatsoever Sit or Vote in the Parliament till he has in that Session subscrib'd these Fundamental Constitutions in a Book kept for that purpose by the Clerk of the Parliament 18. ANY Act or Order of Parliament that is Ratifyed in Open Parliament during the same Session by the Governor and Three more of the Lords Proprietors Deputies shall be in Force and continue till the Palatine himself and Three more of the Lords Proprietors themselves signifie their Dissent to any of the said Acts or Orders under their Hands and Seals But if Ratified under their Hands and Seals then to continue according to the time limited in such Act. 19. THE whole Province shall be divided into Counties by the Parliament 20. NO Proprietor Landgrave or Cassique shall hereafter take up a Signory or Barony that shall exceed Four Thousand Acres or thereabouts for a Proprietor or Landgrave and Two Thousand Acres or thereabouts for a Cassique in one County 21. NO Cause whether Civil or Criminal of any Freeman shall be tryed in any Court of Judicature without a Jury of his Peers 22. NO Landgrave or Cassique shall be tryed for any Criminal Cause in any but the Chief Justices Court and that by a Jury of his Peers unless a sufficient Number of such cannot be legally had and then to be supplyed by the best and most sufficient Free-holders 23. IF upon the Decease of the Governor no Person be appointed by the Lords Proprietors to succeed him then the Proprietor's Deputies shall meet and choose a Governor till a new Commission be sent from the Lords Proprietors under their Hands and Seals 24. BALLOTTING shall be continued in all Elections of the Parliament and in all other Cases where it can conveniently be used 25. NO Man shall be permitted to be a Freeman of Carolina or to have any Estate or Habitation within it that does not acknowledge a GOD and that GOD is publickly and solemnly to be Worshipped 26. AS the Country 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 publick Maintenance of Divines to be employed in the Exercise of Religion according to the Church of England which being the only True and Orthodox and the National Religion of the King's Dominions is so also of Carolina and therefore it alone shall be allowed to receive publick Maintenance by Grant of Parliament 27. ANY seven 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 28. THE Terms of Admittance and Communion with any Church or Profession shall be written in a Book and therein be subscribed by all the Members of the said Church or Profession which shall be kept by the publick Register of the Precinct wherein they reside 29. THE Time of every one's Subscription and Admittance shall be dated in the said Book of Religious Records 30. IN the Terms of Communion of every Church or Profession these following shall be three without which no Agreement or Assembly of Men upon Pretence of Religion shall be accounted a Church or Profession within these Rules I. That there is a GOD. II. That GOD is publickly to be Worshipped III. That it is lawful and the Duty of every Man being thereunto called by those that govern to bear Witness to Truth and that every Church or Profession shall in their Terms of Communion set down the external Way whereby they witness a Truth as in the Presence of God whether it be by Laying Hands on or Kissing the Bible as in the Church of England or by holding up the Hand or any sensible way 31. NO Person above Seventeen 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 having his Name recorded in some one and but one Religious Record at once 32. NO Person of any Church or Profession shall disturb or molest any Religious Assembly 33. NO Person whatsoever shall speak any thing in their Religious Assembly irreverently or seditiously of the Government or Governour or of State-Matters 34. ANY Person subscribing the Terms of Communion in the Records 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 35. ANY Person striking out his own Name out of any Religious Records 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 36. NO Man shall use any reproachful reviling or abusive Language against the Religion of any Church of Profession that being the certain Way of disturbing the Peace and of hindering the Conversion of any to the Truth by engaging them in Quarrels and Animosities to the Hatred of the Professors and that Profession which otherwise they may be brought to assent to 37. SINCE Charity obliges us to wish well to the Souls of all Men and Religion ought to alter nothing in any Man 's Civil Estate or Right It shall be lawful 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 yet no Slave shall hereby be exempted from that Civil Dominion his Master had over him but be in all other Things in the same State and Condition he was in before 38. ASSEMBLYS upon what Pretence soever of Religion not observing and performing the abovesaid Rules shall not be esteemed as Churches but Unlawful Meetings and be punished as other Riots 39. NO Person whatsoever shall disturb molest or prosecute another for his Speculative Opinions in Religion or his way of Worship 40. EVERY Freeman of Carolina shall have Absolute Power and Authority over his Negro Slave of what Opinion or Religion soever 41. ANY Person at his Admittance into any Office or Place of Trust whatsoever shall subscribe these Fundamental Constitutions in this Form I A. B. do promise to bear Faith and true Allegiance to our Soveraign Lord King WILLIAM and will be true and faithful to the Palatine and Lords Proprietors of Carolina their Heirs and Successors and with my utmost Power will defend them and maintain the Government according to this Establishment in these Fundamental Constitutions THESE Fundamental Constitutions in Number Forty One and every Part thereof shall be and remain the Inviolable Form and Rule of Government of Carolina for Ever Witness our Hands and Seals this Eleventh Day of April 1698. BATH PALATINE A. Ashley CRAVEN BATH for the Lord Carterett William Thornburgh for Sir John Colleton Tho. Amy. William Thornburgh FINIS
Dignity with the Baronies thereunto annexed before the Second biennial Parliament after such Devolution the next biennial Parliament but one after such Devolution shall have Power to make any one Landgrave or Cassique in the Room of him who dying without Heirs his Dignity and Baronies devolved § 13. No one Person shall have more than one Dignity with the Signiores or Baronies 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 Dignities with the Lands annexed he shall like best but shall leave the other with the Lands annexed to be enjoyed by him who not being his Heir Apparent and certain Successor to his present Dignity is next of Blood § 14. Whosoever by Right of Inheritance shall come to be Landgrave or Cassique shall take the Name and Arms of his Predecessor in that Dignity to be from thenceforth the Name and Arms of his Family and their Posterity § 15. Since the Dignity of Proprietor Landgrave or Cassique cannot be divided and the Signiories or Baronies thereunto annexed must for ever all entirely descend with and accompany that Dignity whensoever for want of Heirs Male it shall descend on the Issue Female the eldest Daughter and Heirs shall be preferred and in the Inheritance of those Dignities and in the Signiories or Baronies annexed there shall be no Co-heirs § 16. In every Signiory Barony and Mannor the respective Lord shall have Power in his own Name to hold Court-Leet there for Trying of all Causes both Civil and Criminial but where it shall concern any Person being no Inhabitant Vassal or Leetman of the said Signiory Barony or Mannor he upon paying down of Forty Shillings to the Lords Proprietors use shall have an Appeal from the Signiory or Barony Court to the County Court and from the Mannor Court to the Precinct Court § 17. Every Mannor shall consist of not less than Three Thousand Acres and not above Twelve Thousand Acres in one entire Piece and Colony but any Three Thousand Acres or more in one Piece and the Possession of one Man shall not be a Mannor unless it be constituted a Mannor by the Grant of the Palatine's Court. § 18. The Lords of Signiories and Baronies shall have Power only of granting Estates not exceeding Three Lives or Thirty One Years in Two Thirds of the said Signiories or Baronies and the remaining Third shall be always Demesne § 19. Any Lord of a Mannor may alienate sell or dispose to any other Person and his Heirs for ever his Mannor all entirely together with all the Privileges and Leetmen thereunto belonging so far forth as any other Colony Lands but no Grant of any part thereof either in Fee or for any longer Term than Three Lives or One and Twenty Years shall be good against the next Heir § 20. No Mannor for want of Issue Male shall be divided amongst Co-heirs but the Mannor if there be but one shall all entirely descend to the eldest Daughter and her Heirs If there be more Mannors than one the eldest Daughter first shall have her Choice the Second next and so on beginning again at the Eldest till all the Mannors be taken up that so the Privileges which belong to Mannors being indivisible the Lands of the Mannors to which they are annexed may be kept entire and the Mannor not lose those Privileges which upon parcelling out to several Owners must necessarily cease § 21. Every Lord of a Mannor within his Mannor shall have all the Powers Jurisdictions and Privileges which a Landgrave or Cassique hath in his Baronies § 22. In every Signiory Barony and Mannor all the Leet-Men shall be under the Jurisdiction of the respective Lords of the said Signiory Barony or Mannor without Appeal from him Nor shall any Leet-Man or Leet-Woman have Liberty to go off from the Land of their particular Lord and live any where else without License obtained from their said Lord under Hand and Seal § 23. All the Children of Leet-Men shall be Leet-Men and so to all Generations § 24. No Man shall be capable of having a Court-Leet or Leet-Men but a Proprietor Landgrave Cassique or Lord of a Mannor § 25. Whoever shall voluntarily enter himself a Leet-Man in the Registry of the County Court shall be a Leet-Man § 26. Whoever is Lord of 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 paying to him therefore not more than one Eighth part of all the Yearly Produce and Growth of the said Ten Acres § 27. No Landgrave or Cassique shall be try'd for any Criminal Cause in any but the chief-Chief-Justice's Court and that by a Jury of his Peers § 28. There shall be Eight Supreme Courts The First called The Palatine's Court consisting of the Palatine and the other Seven Proprietors The other Seven Courts of the other Seven Great Officers shall consist each of them of a Proprietor and Six Councellors added to him Under each of these latter Seven Courts shall be a College of Twelve Assistants The Twelve Assistants of the several Colleges shall be chosen Two out of the Landgraves Cassiques or eldest Sons of Proprietors by the Palatine's Court Two out of the Landgraves by the Landgraves 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 of Cassiques the Two other shall be chosen by the Palatine's Court out of the same Sort of Persons out of which the Commons Chamber is to chuse § 29. Out of these Colleges shall be chosen at first by the Palatine's Court Six Councellers to be joined with each Proprietor in his Court of which Six one shall be of those who were chosen into any of the Colleges by the Palatine's Court out of the Landgraves Cassiques or eldest Sons of Proprietors one out 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 Palatine's Court out of the Proprietors younger Sons or eldest Sons of Landgraves Cassiques or Commons qualified as aforesaid § 30. When it shall happen that any Councellor dies and thereby there is a Vacancy the Grand Council 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 and Choice the other was of whose vacant Place is to be filled up But if no Councellor consent to be removed or upon such Remove the last remaining
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