Selected quad for the lemma: justice_n
Text snippets containing the quad
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A48880
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The fundamental constitutions of Carolina; Constitution (1669)
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Locke, John, 1632-1704.
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1670
(1670)
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Wing L2743A; ESTC R221365
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16,616
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28
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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 Tried 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 inferiour 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 Coures 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 Iurisdictions 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 neighbor 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 whatsoever 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 Proprietors 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 Carolinia then he shall chuse for Deputy any one of the Landgraves of 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 Commissioned under his Hand and Seal the eldest Nobleman of his Court shall of courst be his Deputy §. 61 In every County there shall be a Court consisting of a Sheriff and four Iustices 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 Iustices 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 Commissioned 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 Iustices of the Precinct being Inhabitants and having three hundred Acres of Freehold within the said Precinct who shall Judge all Criminal Causes except for Treason Murther and any other Offences punishable with Death and except all Criminal Causes of the Nobility and shall Judge also all Civil Causes whatsoever and in all personal Actions not exceeding fifty Pounds Sterling without Appeal But where the Cause shall exceed that value or concern a Title of Land and in all Criminal Causes there either Party upon paying five Pounds Sterling to the Lords Proprietors use shall have liberty of Appeal to the County Court §. 64 No Cause shall be twice Tried in
any one Court upon any reason or pretence whatsoever §. 65 For Treason Murther and all other Offences punishable with Death there shall be a Commission twice ayear at least granted unto one or more Members of the Grand Council or Colledges who shall come as itinerant Judges to the several Counties and with the Sheriff and four Iustices 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 Iury 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 Iudges 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 Matrers belonging to each of them respectively shall take Cognizance of it and give such order 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 nor 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 Ianuary April Iuly 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 Iune September and December §. 68 In the Precinct Court no Man shall be a Iury-man under fifty Acres of Freehold In the County Court or at the Assizes no Man shall be a Grand Iury-man under three hundred Acres of Freehold and no Man shall be a Petty Iury-man under two hundred Acres of Freehold In the Proprietors Courts no Man shall be a Iury-man under five hundred Acres of Freehold §. 69 Every Iury 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 Cosin-german to the Party concerned be permitted to Plead another Man's Cause till before the Iudge 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 Bargained 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 Preciuct 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 Summoned 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 said Parliment 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 whatsover 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 and 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 Bieunial Parliament §. 77 Any Properietor 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 Session of Parliament The Quorum of each of the Chambers of Parliament shall be one half of the Members of that Chamber §. 79 To avoid 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