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
Multiplicity of Laws which by Degrees always change the right Foundations of the Original Government All Acts of Parliament whatsoever in whatsoever Form passed or enacted shall at the End of a Hundred Years after their Enacting respectively cease and determine of themselves and without any Repeal become null and void as if no such Acts or Laws had ever been made § 80. Since Multiplicity of Comments as we â—â—aâ— of Laws have great Inconveniences and serve only to obscure and perplex All manner of Comments and Expositions on any Part of these Fundamental Constitutions or any Part of the Common or Statute Law of Carolina are absolutely prohibited § 81. There shall be a Registry in every Precinct wherein shall be enrolled all Deeds Leases Judgments Mortgages and other Conveyances which may concern any of the Land within the said Precinct and all such Conveyances not so entred or registred shall not be of Force against any Person nor Party to the said Contract or Conveyance § 82. No Man shall be Register of any Precinct who hath not at least Three Hundred Acres of Freehold within the said Precinct § 83. The Freeholders of every Precinct shall nominate Three Men out of which Three the Chief Justice's Court shall chuse and commission one to be Register of the said Precinct whilst he shall well behave himself § 84. There shall be a Registry in every Signiory Barony and Colony wherein shall be recorded all the Births Marriages and Deaths that shall happen within the respective Signiories Baronies and Colonies § 85. No Man shall be Register of a Colony that hath not above Fifty Acres of Freehold within the said Colony § 86. The Time of every one's Age that is born in Carolina shall be reckoned from the Day that his Birth is entred in the Registry and not before § 87. No Marriage shall be lawful whatever Contract and Ceremony they have used till both the Parties mutually own it before the Register of the Place where they were married and he register â—â— with the Names of the Father and Mother of each Party § 88. No Man shall administer to the Goods or have Right to them or enter upon the Estate of any Person deceased till his Death be registred in the respective Registry § 89. He that doth not enter in the respective Registry the Birth or Death of any Person that is born or dies in his House or Ground shall pay to the said Register One Shilling per Week for each such Neglect reckoning from the Time of each Birth or Death respectively to the Time of Registring it § 90. In like manner the Births Marriages and Deaths of the Lords Proprietors Landgraves and Cassiques shall be registred in the Chamberlain's Court. § 91. There shall be in every Colony one Constable to be chosen annually by the Freeholders of the Colony His Estate shall be above a Hundred Acres of Freehold within the said Colony and such subordinate Officers appointed for his Assistance as the County Court shall find requisite and shall be established by the said County Court The Election of the subordinate Annual Officers shall be also in the Freeholders of the Colony § 92. All Towns Incorporate shall be governed by a Mayor Twelve Aldermen and Twenty Four of the Common-Council The said Common-Council shall be chosen by the present Housholders of the said Town the Aldemen shall be chosen out of the Common-Council and the Mayor out of the Aldermen by the Palatine's Court. § 93. It being of great consequence to the Plantation that Port-Towns should be built and preserved Therefore whosoever shall lade or unlade any Commodity at any other Place but a Port-Town shall forfeit to the Lords Proprietors for each Tun so laden or unladen the Sum of Ten Pounds Sterling except only such Goods as the Palatine's Court shall Licence to be laden or unladen elsewhere § 94. The first Port-Town upon every River shall be in a Colony and be a Port-Town for ever § 95. No man shall be permitted to be a Freeman of Carolina or to have any Estate or Habitation within it that doth not acknowledge a God and that God is publickly and solemnly to be Worshipped § 96. 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 all the King's Dominions is so also of Carolina and therefore it alone shall be allowed to receive publick Maintenance by Grant of Parliament But since the Natives of that Place who will be concerned in our Plantation are utterly Strangers to Christianity whose Idolatry Ignorance or Mistake gives us no Right to expel or use them ill and those who remove from other Parts to plant there will unavoidably be of different Opinions concerning Matters of Religion the Liberty whereof they will expect to have allowed them and it will not be reasonable for us on this Account to keep them out that Civil Peace may be maintained amidst the Diversity of Opinions and our Agreement and Compact with all Men may be duly and faithfully observed the Violation thereof upon what Pretence soever cannot be without great Offence to Almighty God and great Scandal to the true Religion which we profess and also that Jews Heathens and other Dissenters from the Purity of Christian Religion may not be scared and kept at a distance from it but by having an Opportunity of acquainting themselves with the Truth and Reasonableness of its Doctrines and the Peaceableness and Inoffensiveness of its Professors may by good Vsage and Perswasion and all those convincing Methods of Gentleness and Meekness suitable to the Rules and Design of the Gospel be won over to embrace and unfeignedly receive the Truth therefore 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 § 98. 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 Book shall be kept by the Publick Register of the Precinct where they reside § 99. The Time of every ones Subscription and Admittance shall be Dated in the said Book or Religious Record § 100. 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 wiehin 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
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