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
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 other sensible Way § 101. 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 which is not a Member of some Church or Profession having his Name Recorded in some one and but one Religious Record at once § 102. No Person of any other Church or Profession shall disturb or molest any Religious Assembly § 103. No Person whatsoever shall speak anything in their Religions Assembly irreverently or seditiously of the Government or Governours or State-Matters § 104. Any Person subscribing the Terms 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 § 105. Any Person striking out his own 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 § 106. No Man shall use any reproachful reviling 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 engaging them in Quarrels and Animosities to the hatred of the Professors and that Profession which otherwise they might be brought to assent to § 107. 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 hath over him but be in all other Things in the same State and Condition he was in before § 108. Assemblies 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 § 109. No Person whatsoever shall disturb molest or persecute another for his speculative Opinions in Religion or his Way of Worship § 110. Every Freeman of Carolina shall have absolute Power and Authority over his Negro Slaves of what Opinion or Religion soever § 111. No Cause whether Civil or Criminal of any Freeman shall be Tried in any Court of Judicature without a Jury of his Peers § 112. No Person whatsoever shall hold or claim any Land in Carolina by Purchase or Gift or otherwise from the Natives or any other whatsoever but meerly from and under the Lords Proprietors upon pain of Forfeiture of all his Estate moveable or immoveable and perpetual Banishment § 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 Eighty Nine pay yearly unto the Lords Proprietors for each Acre of Land English Measure as much fine Silver as is at this present in one English Penny or the Value thereof to be as a Chief Rent and Acknowledgment to the Lords Proprietors their Heirs and Successors for ever And it shall be lawful for the Palatine's Court by their Officers at any Time to take a new Survey of any Man's Land 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 known and the Rent thereupon due may be paid by him § 114. All Wrecks Mines Minerals Quarries of Gems and Precious Stones with Pearl-fishing Whale-fishing and one Half of all Ambergreece by whomsoever found shall wholly belong to the Lords Proprietors § 115. All Revenues and Profits belonging to the Lords Proprietors in common shall be divided into ten Parts whereof the Palatine shall have three and each Proprietor one but if the Palatine shall Govern by a Deputy his Deputy shall have one of those three Tenths and the Palatine the other two Tenths § 116. All Inhabitants and Freemen of Carolina above Seventeen Years of Age and under sixty shall be bound to bear Arms and serve as Soldiers whenever the Grand Council shall find it necessary § 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 seventeen 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 Fundamental Constitutions in this Form I A. B. do promise to bear Faith and true Allegiance to our Soveraign Lord King CHARLES the Second His Heirs and Successors and will be true and faithfull 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 § 118. Whatsoever Alien shall in this Form before any Precinct Register subscribe these Fundamental Constitutions shall be thereby Naturalized § 119. In the same Manner shall every Person at his Admittance into any Office subscribe these Fundamental Constitutions § 120. These Fundamental Constitutions in Number a hundred and twenty and every Part thereof shall be and remain the Sacred and unalterable Form and Rule of Government of Carolina for ever Witness our Hands and Seals the First Day of March 1669. RULES of PRECEDENCY 1. THE Lords Proprietors the eldest in Age first and so in order 2. The eldest Sons of the Lords Proprietors the eldest in Age first and so in order 3. The Landgraves of the Grand Council he that hath been longest of the Grand Council first and so in order 4. The Cassiques of the Grand Council he that hath been longest of the Grand Council first and so in order 5. The seven Commoners of the Grand Council that have been longest of the Grand Council he that hath been longest of the Grand Council first and so in order 6. The youngest Sons of Proprietors the eldest first and so in order 7. The Landgraves the eldest in Age first and so in order 8. The seven 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 so in order 9. The Cassiques the eldest in Age first and so in order 10. The seven remaining Commoners of the Grand Council he that hath been longest of the Grand Council first and so in order 11. The Male Line of the Proprietors The rest shall be
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
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
Ashley Sir George Carterett Sir William Berkeley and Sir John Colleton their Heirs and Assigns the true Lords and Proprieters of all the Province aforesaid KNOW ye therefore moreover that We reposing Especial Trust and Confidence in their Fidelity Wisdom Justice and Provident Circumspection for Us Our Heirs and Successours do Grant full and absolute Power by virtue of these Presents 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 and their Heirs for the good and happy Government of the said Province to Ordain Make Enact and under their Seals to publish any Laws whatsoever either appertaining to the publick State of the said Province or to the private Utility or particular Persons according to their best Discretion of and with the Advice Assent and Approbation of the Freemen of the said Province or of the greater Part of them or of their Delegates or Deputies whom for enacting of the said Laws when and as often as need shall require We will that the said Edward Earl of Clarendon George Guke of Albermarle William Lord Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir William Berkeley and Sir John Colleton and their Heirs shall from Time to Time Assemble in such Manner and Form as to them shall seem best and the same Laws duely to execute upon all People within the said Province and Limits thereof for the Time being or which shall be Constituted under the Power and Government of them or any of them either Sailing towards the said Province of Carolina or returning from thence towards England or any other of our or Forreign Dominions by Imposition of Penalties Imprisonment or any other Punishment yea if it shall be needful and the Quality of the Offence requires it by taking away Member and Life either by them 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 and their Heirs or by them or their Deputies Lieutenants Judges Justices Magistrates Officers and Ministers to be ordained or appointed according to the Tenor and true Intention of these Presents and likewise to Appoint and Establish any Judges or Justices Magistrates or Officers whatsoever within the said Province at Sea or Land in such Manner and Form as unto the said Edward Earl of Clarendon George Duke of Albemarle VVilliam Lord Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir William Berkely and Sir John Colleton and their Heirs shall seem most convenient Also to remit Release Pardon and Abolish whether before Judgment or after all Crimes and Offences whatsoever against the said Laws and to do all and every other Thing and Things which unto the Compleat Establishment of Justice unto Courts Sessions and Forms of Judicature and Manners of Proceedings therein do belong although in these Presents express mention be not made thereof and by Judges and by him or them delegated to award process hold Pleas and determine in all the said Courts and Places of Judicature all Actions Suits and Causes whatsoever as well Criminal as Civil real mixt personal or of any other Kind or Nature whatsoever Which Laws so as aforesaid to be Published Our Pleasure is and We do Require Enjoyn and Command shall be Absolute Firm and Available in Law and that all the Leige People of Us Our Heirs and Successors within the said Province of Carolina do observe and keep the same inviolably in those Parts so far as they concern them under the Pains and Penalties therein expressed or to be expressed Provided nevertheless That the said Laws be Consonant to Reason and as near as may be conveniently agreeable to the Laws and Customs of this our Kingdom of England And because such Assemblies of Free-holders cannot be so conveniently called as there may be Occasion to require the same We do therefore by these Presents Give and Grant unto 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 by themselves or their Magistrates in that Behalf Lawfully Authorized full Power and Authority from Time to Time to make and ordain fit and wholesome Orders and Ordinances within the Province aforesaid to be kept and observed as well for the keeping of the Peace as for the better Government of the People there abiding and to Publish the same to all to whom it may concern which Ordinances We do by these Presents streightly charge and Command to be Inviolably observed within the said Province under the Penalties therein expressed so as such Ordinances be reasonable and not repugnant or contrary but as near as may be agreeable to the Laws and Statutes of this our Kingdom of England and so as the same Ordinances do not extend to the Binding Charging or Taking away of the Right or Interest of any Person or Persons in their Freehold Goods or Chattels whatsoever And to the end the said Province may be the more happily increased by the Multitude of People resorting thither and may likewise be the more strongly Defended from the Incursions of Savages and other Enemies Pirates and Robbers Therefore We for Us Our Heirs and Successors do Give and Grant by these Presents Power License and Liberty unto all the Leige People of Us Our Heirs and Successors in our Kingdom of England or elsewhere within any other our Dominions Islands Colonies or Plantations excepting those who shall be especially forbidden to Transport themselves and Families unto the said Province with convenient Shipping and â—itting Provisions and there to settle themselves dwell and inhabit any Law Statute Act Ordinance or other thing to the contrary in any wise notwithstanding And We will also and of Our more special Grace for Us Our Heirs and Successors do streightly Enjoyn Ordain Constitute and Command that the said Province of Carolina shall be of our Allegiance and that all and singular the Subjects and Liege People of Us Our Heirs and Successors Transported or to be Transported into the said Province and the Children of them and of such as shall Descend from them there Born or hereafter to be Born be and shall be Denizons and Leiges of Us Our Heirs and Successors of this Our Kingdom of England and be in all Things Held Treated and Reputed as the Leige Faithful People of Us Our Heirs and Successors Born within this Our said Kingdom or any other of Our Dominions and may Inherit or otherwise Purchase and Receive Take Hold Buy and Possess any Lands Tenements or Hereditaments within the same Places and them may Occupy Possess and Enjoy Give Sell Aliene and Bequeath as likewise all Liberties Franchises and Priviledges of this Our Kingdom of England and of other our Dominions aforesaid
Territory aforesaid Know ye therefore moreover That We reposing especial Trust and Confidence in their Fidelity Wisdom Justice and provident Circumspection for Us our Heirs and Successors do grant full and absolute Power by virtue of these Presents 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 VVilliam Berkeley and their Heirs and Assigns for the good and happy Government of the said whole Province or Territory full Power and Authority to erect constitute and make several Counties Baronies and Colonies of and within the said Provinces Territories Lands and Hereditaments in and by the said recited Letter Patents and these Presents granted or mentioned to be granted as aforesaid with several and distinct Jurisdictions Powers Liberties and Priviledges And also to ordain make and enact and under their Seals to publish any Laws and Constitutions whatsoever either appertaining to the publick State of the said whole Proviâ—â—â— or Territory or of any distinct or particular County Barony or Colony of or within the same or to the private Utility of particular Persons according to their best Discretion by and with the Advice Assent and Approbation of the Freemen of the said Province or Territory or of the Freemen of the County Barony or Colony for which such Law or Constitution shall be made or the greater Part of them or of their Delegates or Deputies whom for enacting of the said Laws when and as often as need shall require We will that 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 and their Heirs or Assigns shall from Time to Time assemble in such Manner and Form as to them shall seem best And the same Laws duly to execute upon all People within and the said Province or Territory County Barony or Colony the Limits thereof for the Time being which shall be constituted under the Power and Government of them or any of them either sailing towards the said Province or Territory of Carolina or returning from thence towards England or any other of our or forreign Dominions by Imposition of Penalties Imprisonment or any other Punishment Yea if it shall be needful and the Quality of the Offence require it by taking away Member and Life either by 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 VVilliam Berkeley and their Heirs or by them or their Deputies Lieutenants Judges Justices Magistrates or Officers whatsoever as well within the said Province as at Sea in such Manner and Form as unto 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 and their Heirs shall seem most convenient Also to remit release pardon and abolish whether before Judgement or after all Crimes and Offences whatsoever against the said Laws and to do all and every other Thing and Things which unto the â—ompleat Establishment of Justice unto â—oâ—â—ts Sessions and Forms of Judicature and Manners of proceedings therein do belâ—â—g alâ—â—â— in these Presents express 〈…〉 made thereof and by Judges to 〈…〉 process â—â—â—d Pleas and determine 〈…〉 Judicature all Actions Suits and Causes whatsoever as well criminal as civil real mixt personal or of any other Kind or Nature Whatsoever Which Laws so as aforesaid to be published Our Pleasure is and We do enjoyn require and command shall be absolutely firm and available in Law and that all the Leige People of Us our Heirs and Successors within the said Province or Territory do observe and keep the same inviolably in those Parts so far as they concern them under the Pains and Penalties therein expressed or to be expressed provided nevertheless that the said Laws be consonant to Reason and as near as may be conveniently agreeeble to the Laws and Customs of this our Realm of England And because such Assemblies of Free-holders cannot be so suddenly called as there may be Occasion to require the same We do therefore by these Presents give and grant unto 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 by themselves or their Magistrates in that Behalf lawfully authorized full Power and Authority from Time to Time to make and ordain fit and wholsome Orders and Ordinances within the Province or Territory aforesaid or any County Barony or Province of or within the same to be kept and observed as well for the keeping of the Peace as for the better Government of the People there abiding and to publish the same to all to whom it may concern Which Ordinances we do by these Presents streightly charge and command to be inviolably observed within the same Province Countys Territorys Baronys and Provinces under the Penalties therein expressed so as such Ordinances be reasonable and not repugnant or contrary but as near as may be agreeable to the Laws and Statutes of this our Kingdom of England and so as the same Ordinances do not extend to the binding charging or taking away of the Right or Interest of any Person or Persons in their freehold Goods or Chattels whatsoever And to the end the said Province or Territory may be the more happily encreased by the Multitude of People resorting thither and may likewise be the more strongly defended from the Incursions of Savages and other Enemies Pirates and Robbers Therefore We for Us Our Heirs and Successors do give and grant by these Presents Power License and Liberty unto all the Leige People of Us our Heirs and Successors in our Kingdom of England or elsewhere within any other our Dominions Islands Colonies or Plantations excepting those who shall be especially forbidden to transport themselves and Families into the said Province or Territory with convenient Shipping and fitting Provisions and there to settle themselves dwell and inhabit any Law Act Statute Ordinance or other Thing to the contrary in any wise notwithstanding And we will also and of Our especial Grace for Us our Heirs and Successors do streightly enjoyn ordain constitute and command That the said Province or Territory shall be of our Allegiance and that all and singular the Subjects and Leige People of Us our Heirs and Successors transported or to be transported into the said Province and the Children of them and such as shall descend from them there born or hereafter to be born be and shall be Denizens and Leiges of Us our Heirs and Successors of this our Kingdom of England and be in all Things held treated and reputed as the Leige faithful People of Us