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
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
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
have Power also to make any publick Building or any new High-way or enlarge any old High-way upon any Man's Land whatsoever as also to make Cuts Channels Banks Locks and Bridges for making Rivers Navigable or for draining Fens or any other publick Use The Damage the Owner of such Lands on or through which any such publick Thing shall be made shall receive thereby shall be valued and Satisfaction made by such Ways as the Grand Council shall appoint The Twelve Assistants belonging to this Court shall be called Surveyors § 45. The Chamberlain's Court consisting of a Proprietor and his Six Councellors called Vice-Chamberlains shall have the Care of all Ceremonies Precedency Heraldry Reception of publick Messengers Pedegrees the Registry of all Births Burials and Marriages Legitimation and all Cases concerning Matrimony or arising from it and shall also have Power to regulate all Fashions Habits Badges Games and Sports To this Court also it shall belong to convocate the Grand Council The Twelve Assistants belonging to this Court shall be called Provosts § 46. All Causes belonging to or under the Jurisdiction of any of the Proprietors Courts shall in them respectively be tryed and ultimately determined without any farther Appeal § 47. The Proprietors Courts shall have a Power to mitigate all Fines and suspend all Executions in Criminal Causes either before or after Sentence in any of the other inferior Courts respectively § 48. In all Debates Hearings or Trials in any of the Proprietors Courts the Twelve Assistants belonging to the said Courts respectively shall have Liberty to be present but shall not interpose unless their Opinions be required nor have any Vote at all but their Business shall be by the Direction of the respective Courts to prepare such Business as shall be committed to them as also to bear such Offices and dispatch such Affairs either where the Court is kept or elsewhere as the Court shall think fit § 49. In all the Proprietors Courts the Proprietor and any Three of his Councellors shall make a Quorum provided always That for the better Dispatch of Business it shall be in the Power of the Palatine's Court to direct what sort of Causes shall be heard and determined by a Quorum of any Three § 50. The Grand Council shall consist of the Palatine and Seven Proprietors and the Forty Two Councellors of the several Proprietors Courts who shall have Power to determine any Controversies that may arise between any of the Proprietors Courts about their respective Jurisdictions or between the Members of the same Court about their Manner and Methods of Proceeding To make Peace and War Leagues Treaties c. with any of the Neighbour Indians To issue out their general Orders to the Constable's and Admiral 's Courts for the Raising Disposing or Disbanding the Forces by Land or by Sea § 51. The Grand Council shall prepare all Matters to be proposed in Parliament Nor shall any Matter whatsover be proposed in Parliament but what hath first passed the Grand Council which after having been read Three several Days in the Parliament shall by Majority of Votes be passed or rejected § 52. The Grand Council shall always be Judges of all Causes and Appeals that concern the Palatine or any of the Lords Proprietors or any Councellor of any Proprietor's Court in any Cause which otherwise should have been tried in the Court in which the said Councellor is Judge himself § 53. The Grand Council by their Warrants to the Treasurer's Court shall dispose of all the Money given by the Parliament and by them directed to any particular publick Use § 54. The Quorum of the Grand Council shall be Thirteen whereof a Proprietor or his Deputy shall be always one § 55. The Grand Council shall meet the first Tuesday in every Month and as much oftner as either they shall think fit or they shall be convocated by the Chamberlain's Court. § 56. The Palatine or any of the Lords Proprietors shall have Power under Hand and Seal to be registred in the Grand Council to make a Deputy who shall have the same Power to all Intents and Purposes as he himself who deputes him except in confirming Acts of Parliament as in § 76. and except also in Nominating and Chusing Landgraves and Cassiques as in § 10. All such Deputations shall cease and determine at the End of Four Years and at any Time shall be revocable at the Pleasure of the Deputator § 57. No Deputy of any Proprietor shall have any Power whilst the Deputator is in any Part of Carolina except the Proprietor whose Deputy he is be a Minor § 58. During the Minority of any Proprietor his Guardian shall have Power to constitute and appoint his Deputy § 59. The Eldest of the Lords Proprietors who shall be personally in Carolina shall of Course be the Palatine's Deputy and if no Proprietor be in Carolina he shall chuse his Deputy out of the Heirs Apparent of any of the Proprietors if any such be there and if there be no Heir Apparent of any of the Lords Proprietors above One and Twenty Years old in Carolina then he shall chuse for Deputy any one of the Landgraves at the Grand Council and till he have by Deputation under Hand and Seal chosen any one of the forementioned Heirs Apparent or Landgraves to be his Deputy the Eldest Man of the Landgraves and for want of a Landgrave the Eldest Man of the Cassiques who shall be personally in Carolina shall of Course be his Deputy § 60. Each Proprietor's Deputy shall be always one of his own Six Councellors respectively and in case any of the Proprietors hath not in his Absence out of Carolina a Deputy commissionated under his Hand and Seal the Eldest Nobleman of his Court shall of Course be his Deputy § 61. In every County there shall be a Court consisting of a Sheriff and Four Justices of the County for every Precinct one The Sheriff shall be an Inhabitant of the County and have at least Five Hundred Acres of Freehold within the said County and the Justices shall be Inhabitants and have each of them Five Hundred Acres apiece Freehold within the Precinct for which they serve respectively These Five shall be chosen and commissionated from Time to Time by the Palatine's Court. § 62. For any Personal Causes exceeding the Value of Two Hundred Pounds Sterling or in Title of Land or in any Criminal Cause either Party upon paying Twenty Pounds Sterling to the Lords Proprietors Use shall have Liberty of Appeal from the County Court unto the respective Proprietor's Court. § 63. In every Precinct there shall be a Court consisting of a Steward and Four Justices of the Precinct being Inhabitants and having Three Hundred Acres of Freehold within the said Precinct who shall judge all Criminal Causes except for Treason Murther and any other Offences punishable with Death and except all Criminal Causes of the Nobility and shall judge also all Civil Causes whatsoever and
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