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
THE TWO CHARTERS Granted by King CHARLES IId TO THE PROPRIETORS OF CAROLINA With the First and Last FUNDAMENTAL CONSTITUTIONS OF THAT COLONY LONDON Printed and are to be Sold by Richard Parker at the Vnicorn under the Piazza of the Royal Exchange THE FIRST CHARTER Granted by King CHARLES IId TO THE PROPRIETORS OF CAROLINA CHARLES IId by the Grace of God c. To all to whom these Presents shall come Greeting Whereas our right Trusty and right well-beloved Cousins and Counsellors Edward Earl of Clarendon our high Chancellor of England and George Duke of Albemarle Master of our Horse and Captain General of all our Forces our right Trusty and well-beloved William Lord Craven John Lord Berkeley our right Trusty and well-beloved Counsellor Anthony Lord Ashley Chancellor of our Exchequer Sir George Carterett Knight and Baronet Vice-Chamberlain of our Houshold and our Trusty and well-beloved Sir William Berkeley Knight and Sir John Colleton Knight and Baronet being excited with a laudable and pious Zeal for the propagation of the Christian Faith and the Enlargement of our Empire and Dominions have humbly besought Leave of us by their Industry and Charge to transport and make an ample Colony of our Subjects Natives of our Kingdom of England and elsewhere within our Dominions unto a certain Country hereafter described in the Parts of America not yet cultivated or planted and only inhabited by some barbarous People who have no Knowledge of Almighty God And whereas 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 Sir John Colleton have humbly besought us to give grant and confirm unto them and their Heirs the said Country with Priviledges and Jurisdictions requisite for the good Government and Safety thereof Know ye therefore That We favouring the pious and noble Purpose of 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 of our special Grace certain Knowledge and meer Motion have given granted and confirmed and by this our present Charter for Us our Heirs and Successors do give grant and confirm unto 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 all that Territory or Tract of Ground scituate lying and being within our Dominions in America extending from the North End of the Island called Lucke Island which lyeth in the Southern Virginia Seas and within six and thirty Degrees of the Northern Latitude and to the West as far as the South Seas and so Southerly as far as the River St. Matthias which bordereth upon the Coast of Florida and within one and thirty Degrees of Northern Latitude and so West in a direct Line as far as the South Seas aforesaid together with all and singular Ports Harbours Bays Rivers Isles and Islets belonging unto the Country aforesaid And also all the Soil Lands Fields Woods Mountains Ferms Lakes Rivers Bays and Islets scituate or being within the Bounds or Limits aforesaid with the fishing of all sorts of Fish Whales Sturgeons and all other Royal Fishes in the Sea Bays Islets and Rivers within the Premises and the Fish therein taken And moreover all Veins Mines Quarries as well discover'd as not discover'd of Gold Silver Gems precious Stones and all other whatsoever be it of Stones Metals or any other thing whatsoever found or to be found within the Countries Isles and Limits aforesaid And furthermore the Patronage and Avowsons of all the Churches and Chapels which as Christian Religion shall increase within the Country Isles Islets and Limits aforesaid shall happen hereafter to be erected together with License and Power to build and found Churches Chapels and Oratories in convenient and fit Places within the said Bounds and Limits and to cause them to be dedicated and consecrated according to the Ecclesiastical Laws of our Kingdom of England together with all and singular the like and as ample Rights Jurisdictions Priviledges Prerogatives Royalties Liberties Immunities and Franchises of what Kind soever within the Countries Isles Islets and Limits aforesaid To have use exercise and enjoy and in as ample Manner as any Bishop of Durham in our Kingdom of England ever heretofore have held used or enjoyed or of right ought or could have use or enjoy and 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 We do by these Presents for Us our Heirs and Successors make create and constitute the true and absolute Lords and Proprietors of the Country aforesaid and of all other the Premises saving always the Faith Allegiance and Sovereign Dominion due to Us our Heirs and Successors for the same and saving also the Right Title and Interest of all and every our Subjects of the English Nation which are now planted within the Limits and Bounds aforesaid if any be to have hold possess and enjoy the said Country Isles Islets and all and singular other the Premises to them the said Edward Earl of Clarendon George Duke of Albemarle VVilliam Lord Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir VVilleam Berkeley and Sir John Colleton their Heirs and Assigns for ever to be holden of Us our Heirs and Successors as of our Mannor of East Greenwich in our County of Kent in free and common Soccage and not in Capite nor by Knâ—ghts Service yeilding and paying yearly to Us our Heirs and Successors for the same the Yearly Rent of Twenty Marks of Lawful Money of England at the Feast of All Saints Yearly for Ever The first Payment thereof to begin and to be made on the Feast of All Saints which shall be in the Year of our Lord One Thousand Six Hundred Sixty and Five and also the fourth Part of all Gold and Silver Oar which within the limits aforesaid shall from Time to Time happen to be found And that the Country thus by Us granted and described may be dignifyed by us with as large Titles and Priviledges as any other Parts of our Dominions and Terretories in that Region KNOW Ye That We of Our further Grace certain Knowledge and meer Motion have thought fit to Erect the same Tract of Ground Country and Island into a Province And out of the Fullness of Our Royal Power and Prerogative We do for Us Our Heirs and Successors Erect Incorporate and Ordain the same into a Province and do call it the Province of CAROLINA And so from henceforth will have it called And forasmuch as We have hereby made and ordained the aforesaid Edward Earl of Clarendon George Duke of Albemarle William Lord Craven John Lord Berkeley Anthony Lord
Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir William Berkeley and Sir John Colleton or any other Person or Persons whatsoever or any Statute Act Ordinance Provision Proclamation or Restraint heretofore Had Made Published Ordained or Provided or any other Thing Cause or Matter whatsoever to the contrary thereof in any Wise Notwithstanding In Witness c. Witness the KING at VVestminster the Four and Twentieth Day of March in the Fifteenth Year of Our Reign Per ipsum Regem THE SECOND CHARTER Granted by King CHARLES IId TO THE PROPRIETORS OF CAROLINA CHARLES IId by the Grace of God c. Whereas By Our Letters Patents bearing Date the Four and Twentieth Day of March in the Fifteenth Year of Our Reign We were Graciously Pleas'd to Grant unto Our right Trusty and right Well-beloved Cousin and Counsellor Edward Earl of Clarendon our high Chancellor of England Our right Trusty and Right Intirely Beloved Cousin and Counsellor George Duke of Albemarle Master of our Horse Our right Trusty and Well Beloved William now Earl of Craven our right Trusty and well-beloved Counsellor John Lord Berkeley our right Trusty and well-beloved Counsellor Anthony Lord Ashley Chancellor of our Exchequer our right Trusty and Well-beloved Counsellor Sir George Carterett Knight and Baronet Vice-Chamberlain of our Houshold Our right Trusty and well-beloved Sir John Colleton Knight and Baronet and Sir William Berkeley Knight all that Province Territotory or Tract of Ground called Carolina scituate lying and being within our Dominions of America Extending from the North End of the Island called Luke Island which lyeth in the Southern Virginia Seas and within six and thirty Degrees of the Northern Latitude and to the West as far as the South Seas and so respectively as far as the River of Mathias which bordereth upon the Coast of Florida and within One and Thirty Degrees of the Northern Latitude and so West in a direct Line as far as the South Seas aforesaid Now Know Ye that We at the Humble Request of the said Grantees in the aforesaid Letters Patents named and as a further Mark of Our especial Favour towards them We are Gratiously Pleased to Enlarge Our said Grant unto them according to the Bounds and Limits hereafter Specifyed and in Favour to the Pious and Noble Purpose of 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 all that Province Territory or Tract of Ground Scituate lying and being within Our Dominions of America aforesaid extending North and Eastward as far as the North End of Carahtuke River or Gulet upon a streight Westerly Line to Wyonoake Creek which lyes within or about the Degrees of Thirty Six and Thirty Minutes Northern Latitude and so West in a direct Line as far as the South Seas and South and Westward as far as the Degrees of Twenty Nine Inclusive Northern Latitude and so West in a direct Line as far as the South Seas together with all and singular Ports Harbours Bays Rivers and Islets belonging unto the Province or Territory aforesaid And also all the Soil Lands Fields Woods Mountains Ferms Lakes Rivers Bays and Islets scituate or being within the Bounds or Limits last before mentioned with the Fishing of all sorts of Fish Whales Sturgeons and all other Royal Fishes in the Sea Bays Islets and Rivers within the Premises and the Fish therein taken together with the Royalty of the Sea upon the Coast within the Limits aforesaid And moreover all Veins Mines and Quarries as well discovered as not discover'd of Gold Silver Gems and Precious Stones and all other whatsoever be it of Stones Mettal or any other thing found or to be found within the Province Territory Islets and Limits aforesaid And furthermore the Patronage and Avowsons of all the Churches and Chappels which as Christian Religion shall encrease within the Province Territory Isles and Limits aforesaid shall happen hereafter to be erected together with License and Power to build and found Churches Chappels and Oratories in convenient and fit places within the said Bounds and Limits and to cause them to be Dedicated and Consecrated according to the Ecclesiastical Laws of Our Kingdom of England together with all and singular the like and as ample Rights Jurisdictions Priviledges Prerogatives Royalties Liberties Immunities and Franchises of what Kind soever within the Territory Isles Islets and Limits aforesaid To have hold use exercise and enjoy the same as amply fully and in as ample Manner as any Bishop of Durham in Our Kingdom of England ever heretofore had held used or enjoyed or of right ought or could have use or enjoy and 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 We do by these Presents for Us Our Heirs and Successors make create and constitute the true and absolute Lords and Proprietors of the said Province or Territory and of all other the Premises saving always the Faith Allegiance and Sovereign Dominion due to Us Our Heirs and Successors for the same to have hold possess and enjoy the said Province Territory Islets and all and singular other the Premises 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 for Ever to be holden of Us Our Heirs and Successors as of Our Mannor of East Greenwich in Kent in free and common Soccage and not in Capite or by Knights Service yeilding and paying yearly to Us Our Heirs and Successors for the same the fourth Part of all Goods and Silver Oar which within the Limits hereby Granted shall from Time to Time happen to be found over and besides the Yearly Rent of Twenty Marks and the fourth part of the Gold and Silver Oar in and by the said recited Letters Patents reserved and payable And that the Province or Territory hereby granted and described may be dignifyed with as large Titles and Priviledges as any other Parts of our Dominions and Territories in that Region Know ye That We of our further Grace certain Knowledge and meer Motion have thought fit to annex the same Tract of Ground and Territory unto the same Province of Carolina and out of the Fulness of our Royal Power and Prerogative We do for Us our Heirs and Successors annex and unite the same to the said Province of Carolina And forasmuch as We have made and ordained the aforesaid 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 the true Lords and Proprietors of all the Province or
all and every of Our Courts whatsoever as Lawfully may be Adjudged most Advantageous and Favourable to 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 although Express Mention c. Witness our Self at Westminster the Thirtieth Day of June in the Seventeenth Year of our Reign Per ipsum Regem THE Fundamental Constitutions OF CAROLINA OUR Sovereign Lord the King having out of His Royal Grace and Bounty granted unto us the Province of Carolina with all the Royalties Proprieties Jurisdictions and Privileges of a County Palatine as large and ample as the County Palatine of Durham with other great Privileges for the better Settlement of the Government of the said Place and establishing the Interest of the Lords Proprietors with Equality and without Confusion and that the Government of this Province may be made most agreeable to the Monarchy under which we live and of which this Province is a Part and that we may avoid erecting a numerous Democracy we the Lords and Proprietors of the Province aforesaid have agreed to this following Form of Government to be perpetually established amongst us unto which we do oblige our selves our Heirs and Successors in the most binding Ways that can be devised § 1. THE Eldest of the Lords Proprietors shall be Palatine and upon the Decease of the Palatine the Eldest of the Seven surviving Proprietors shall always succeed him § 2. There shall be Seven other Chief Offices erected viz. The Admirals Chamberlains Chancellors Constable chief-Chief-Justices High-Stewards and Treasurers which Places shall be enjoy'd by none but the Lords Proprietors to be 〈◊〉 at first 〈…〉 upon the Vacancy of any one of the Seven Great 〈…〉 or otherwise the Eldest Proprietor shall 〈…〉 the said Place § 3. The whole Province shall be 〈◊〉 into Counties each County shall consist of Eight 〈◊〉 Eight Baronies and Four Precincts each Precinct shall consist of Six Colonies § 4. Each Signiory Barony and Colony shall consist of Twelve Thousand Acres the Eight Signiories being the Share of the Eight Proprietors and the Eight Baronies of the Nobility both which Shares being each of them one Fifth part of the Whole are to be perpetually annex'd the one to the Proprietors the other to the Hereditary Nobility leaving the Colonies being Three Fifths amongst the People that so in setting out and planting the Lands the Ballance of the Government may be preserved § 5. At any Time before the Year One Thousand Seven Hundred and One any of the Lords Proprietors shall have Power to relinquish alienate and dispose to any other Person his Proprietorship and all the Signiories Powers and Interest thereunto belonging wholly and intirely together and not otherwise But after the Year One Thousand Seven Hundred those who are then Lords Proprietors shall not have Power to Alienate or Make over their Proprietorship with the Signories and Privileges thereunto belonging or any Part thereof to any Person whatsoever otherwise than as in § 18. but it shall all descend unto their Heirs Male and for want of Heirs Male it shall all descend on that Landgrave or Cassique of Carolina who is descended of the next Heirs Female of the said Proprietor and for want of such Heirs it shall descend on the next Heir general and for want of such Heirs the remaining Seven Proprietors shall upon the Vacancy chuse a Landgrave to succeed the deceased Proprietor who being chosen by the Majority of the Seven surviving Proprietors he and his Heirs successively shall be Proprietors as fully to all Intents and Purposes as any of the Rest § 6. That the Number of Eight Proprietors may be constantly kept if upon the Vacancy of any Proprietorship the Seven surviving Proprietors shall not chuse a Landgrave to be a Proprietor before the Second biennial Parliament after the Vacancy then the next biennial Parliament but one after such Vacancy shall have Power to chuse any Landgrave to be Proprietor § 7. Whosoever after the Year One Thousand Seven Hundred either by Inheritance or Choice shall succeed any Proprietor in his Proprietorship and Signiories thereunto belonging shall be obliged to take the Name and Arms of that Proprietor whom he succeeds which from thenceforth shall be the Name and Arms of his Family and their Posterity § 8. Whatsoever Landgrave or Cassique shall any way come to be a Proprietor shall take the Signiories annex'd to the said Proprietorship but his former Dignity with the Baronies annexed shall devolve into the Hands of the Lords Proprietors § 9. There shall be just as many Landgraves as there are Counties and twice as many Cassiques and no more These shall be the Hereditary Nobility of the Province and by Right of their Dignity be Members of Parliament Each Landgrave shall have Four Baronies and each Cassique Two Baronies hereditarily and unalterably annexed to and settled upon the said Dignity § 10. The first Landgraves and Cassiques of the Twelve first Counties to be planted shall be nominated thus that is to say of the Twelve Landgraves the Lords Proprietors shall each of them separately for himself nominate and chuse One and the remaining Four Landgraves of the First Twelve shall be nominated and chosen by the Palatine's Court. In like manner of the Twenty Four first Cassiques each Proprietor for himself shall nominate and chuse Two and the remaining Eight shall be nominated and chosen by the Palatine's Court and when the Twelve first Counties shall be planted the Lords Proprietors shall again in the same Manner nominate and chuse Twelve more Landgraves and Twenty Four Cassiques for the Twelve next Counties to be planted that is to say Two Thirds of each Number by the single Nomination of each Proprietor for himself and the remaining One Third by the joint Election of the Palatine's Court and so proceed in the same Manner till the whole Province of Carolina be set out and planted according to the Proportions in these Fundamental Constitutions § 11. Any Landgrave or Cassique at any time before the Year One Thousand Seven Hundred and One shall have Power to alienate sell or make over to any other Person his Dignity with the Baronies thereunto belonging all entirely together But after the Year One Thousand Seven Hundred no Landgrave or Cassique shall have Power to alienate sell make over or lett the Hereditary Baronies of his Dignity or any Part thereof otherwise than as in § 18. but they shall all entirely with the Dignity thereunto belonging descend unto his Heirs Male and for want of Heirs Male all entirely and undivided to the next Heir general and for want of such Heirs shall devolve into the Hands of the Lords Proprietors § 12. That the due Number of Landgraves and Cassiques may be always kept up if upon the Devolution of any Landgraveship or Cassiqueship the Palatine's Court shall not settle the devolved
in all personal Actions not exceeding Fifty Pounds Sterling without Appeal But where the Cause shall exceed that Value or concern a Title of Land and in all Criminal Causes there either Party upon paying Five Pounds Sterling to the Lords Proprietors Use shall have Liberty of Appeal to the County Court § 64. No Cause shall be Twice tried in any one Court upon any Reason or Pretence whatsoever § 65. For Treason Murther and all other Offences punishable with Death there shall be a Commission Twice a Year at least granted unto one or more Members of the Grand Council or Colleges who shall come as itinerant Judges to the several Counties and with the Sheriff and Four Justices shall hold Assizes to judge all such Causes But upon paying of Fifty Pounds Sterling to the Lords Proprietors Use there shall be Liberty of Appeal to the respective Proprietor's Court. § 66. The Grand-Jury at the several Assizes shall upon their Oaths and under their Hands and Seals deliver in to the itinerant Judges a Presentment of such Grievances Misdemeanors Exigences or Defects which they think necessary for the publick Good of the County which Presentment shall by the itinerant Judges at the End of their Circuit be delivered in to the Grand Council at their next Sitting And whatsoever therein concerns the Execution of Laws already made the several Proprietors Courts in the Matters belonging to each of them respectively shall take Cognizance of it and give such Orders about it as shall be effectual for the due Execution of the Laws But whatever concerns the making of any new Law shall be referred to the several respective Courts to which that Matter belongs and be by them prepared and brought to the Grand Council § 67. For Terms there shall be Quarterly such a certain Number of Days not exceeding One and Twenty at any one Time as the several respective Courts shall appoint The Time for the Beginning of the Term in the Precinct Court shall be the first Monday in January April July and October in the County Court the first Monday in February May August and November and in the Proprietors Courts the first Monday in March June September and December § 68. In the Precinct Court no Man shall be a Jury-man under Fifty Acres of Freehold In the County Court or at the Assizes no Man shall be a Grand Jury-man under Three Hundred Acres of Freehold and no Man shall be a Petty Jury-man under Two Hundred Acres of Freehold In the Proprietors Courts no Man shall be a Jury-man under Five Hundred Acres of Freehold § 69. Every Jury shall consist of Twelve Men and it shall not be necessary they should all agree but the Verdict shall be according to the Consent of the Majority § 70. It shall be a base and vile Thing to plead for Money or Reward nor shall any one except he be a near Kinsman not farther off than Cousin-german to the Party concern'd be permitted to plead another Man's Cause till before the Judge in open Court he hath taken an Oath that he doth not plead for Money or Reward nor hath nor will receive nor directly nor indirectly bargain'd with the Party whose Cause he is going to plead for Money or any other Reward for pleading his Cause § 71. There shall be a Parliament consisting of the Proprietors or their Deputies the Landgraves and Cassiques and one Freeholder out of every Precinct to be chosen by the Freeholders of the said Precinct respectively They shall sit altogether in one Room and have every Member one Vote § 72. No Man shall be chosen a Member of Parliament who hath less than Five Hundred Acres of Freehold within the Precinct for which he is chosen nor shall any have a Vote in chusing the said Member that hath less than Fifty Acres of Freehold within the said Precinct § 73. A new Parliament shall be assembled the first Monday of the Month of November every Second Year and shall meet and sit in the Town they last sat in without any Summons unless by the Palatine's Court they be summon'd to meet at any other Place And if there shall be any occasion of a Parliament in these Intervals it shall be in the Power of the Palatine's Court to assemble them in Forty Days Notice and at such Time and Place as the said Court shall think fit and the Palatine's Court shall have Power to dissolve the Parliament when they shall think fit § 74. At the Opening of every Parliament the first Thing that shall be done shall be the Reading of these Fundamental Constitutions which the Palatine and Proprietors and the Rest of the Members then present shall subscribe Nor shall any Person whatsoever sit or vote in the Parliament till he hath that Session subscribed these Fundamental Constitutions in a Book kept for that Purpose by the Clerk of the Parliament § 75. In order to the due Election of Members for the Biennial Parliament it shall be lawful for the Freeholders of the respective Precincts to meet the first Tuesday in September every Two Years in the same Town or Place that they last met in to chuse Parliament-Men and there chuse those Members that are to sit the next November following unless the Steward of the Precinct shall by sufficient Notice Thirty Days before appoint some other Place for their Meeting in order to the Election § 76. No Act or Order of Parliament shall be of any Force unless it be ratified in open Parliament during the same Session by the Palatine or his Deputy and Three more of the Lords Proprietors or their Deputies and then not to continue longer in Force but until the next biennial Parliament unless in the mean time it be ratified under the Hands and Seals of the Palatine himself and Three more of the Lords Proprietors themselves and by their Order publish'd at the next biennial Parliament § 77. Any Proprietor or his Deputy may enter his Protestation against any Act of the Parliament before the Palatine or his Deputy's Consent be given as aforesaid if he shall conceive the said Act to be contrary to this Establishment or any of these Fundamental Constitutions of the Government And in such Case after a full and free Debate the several Estates shall retire into Four several Chambers the Palatine and Proprietors into one the Landgraves into another the Cassiques into another and those chosen by the Precincts into a fourth and if the major part of any of the Four Estates shall vote that the Law is not agreeable to this Establishment and these Fundamental Constitutions of the Government then it shall pass no farther but be as if it had never been proposed § 78. The Quorum of the Parliament shall be one half of those who are Members and capable of Sitting in the House that present Sessions of Parliament The Quorum of each of the Chambers of Parliament shall be one half of the Members of that Chamber § 79. To avoid
and 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