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A32677 The two charters granted by King Charles IId to the proprietors of Carolina with the first and last fundamental constitutions of that colony.; Charter (1663) England and Wales. Sovereign (1660-1685 : Charles II); Locke, John, 1632-1704.; Carolina (Colony). Charter (1665); Carolina (Colony). Constitution (1669) 1698 (1698) Wing C3622; ESTC R4148 45,941 64

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determined by the Chamberlain's Court. COPY OF THE Fundamental Constitutions OF CAROLINA Agreed on by all the Lords Proprietors and Signed and Sealed by them the Original being sent to CAROLINA by Major DANIEL April the Eleventh 1698. OUR LATE SOVEREIGN LORD KING CHARLES IId Having out of his Royal Grace and Bounty granted unto Us the Province of CAROLINA with all the Royalties Properties Jurisdictions and Priviledges of a County Palatine as large and ample as the County Palatine of Durham with other great Priviledges 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 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 Proprietors of the Province aforesaid with the advice and consent of the Landgraves and Cassiques and Commons in this present Parliament assembled have agreed to this following Form of Government to be Perpetually establish'd amongst us unto which we do oblige our selves our Heirs and Successors in the most binding ways that can be devised 1. THE Proprietor's Court shall consist of the Palatine and seven Proprietors wherein nothing shall be acted without the Presence and Consent of the Palatine and three others of the Lords Proprietors This Court shall have Power to call and dissolve Parliaments to pardon all Offences to make Elections of all Offices in the Proprietor's Disposal to nominate and appoint Port Towns and also shall have Power by their Order to the Treasurer to dispose of all publick Treasure excepting Money granted by the Parliament and by them directed to some particular publick Use And also shall have a Negative upon all Acts Orders Votes and Judgments of the Parliament And shall have all Power granted to the Lords Proprietors by their Patent from our Sovereign Lord the King except in such Things as are limited by these Fundamental Constitutions 2. DURING the Absence of the Palatine and Proprietors from Carolina the Governour commissionated by the Proprietors together with their respective Deputies shall be the Proprietor's Court there and shall have all the Powers above mentioned excepting in pardoning Offences and constituting Port-Towns 3. IN the Proprietor's Court the Palatine and any three of the Proprietors or the Governour and any three of the Proprietor's Deputys shall make a Quorum 4. 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 5. DURING the Minority of any Proprietor his Guardian shall have Power to constitute and appoint his Deputy 6. THERE shall be a Parliament consisting of the Proprietors or their Deputies by themselves the Landgraves and Cassiques in the upper House and the Freeholders out of every County to be chosen by the Freeholders of the said County respectively together with the Citizens and Burgesses to be elected by the Cities and Borroughs which shall be hereafter created in the Lower House 7. AND since all Power and Dominion is most naturally founded in Property and that it is reasonable that every Man who is empowered to dispose of the Property and Estate of others should have a Property of his own whereby he is tyed in Interest to the Good and Welfare of that Place and Government whereby he is entrusted with such Power it is therefore declared and appointed That no Person shall be admitted or shall continue to sit or vote in Parliament as a Landgrave who has not actually taken up and has in his Possession at least _____ Acres part of the Land granted him in his Patent and _____ Slaves or in the Possession of his Tennants _____ Acres of Land And whose real and personal Estate shall not be worth at least _____ Pounds Nor as a Cassique to sit or vote in Parliament who has not actually taken up and has in his Possession at least _____ Acres Part of the Land granted him in his Patent and _____ Slaves or in the Possession of his Tenants _____ Acres of Land And whose real and personal Estate shall not be worth at least _____ Pounds 8. NO Person shall be admitted or continue to sit or vote in Parliament as a Representative of the Commons of Carolina who is not possess'd of at least _____ Acres of Land And whose real and personal Estate is not worth _____ Pounds 9. NO Person shall be capable of giving his Voice for the Election of a Member to serve in Parliament that is not actually possess'd of _____ Acres of Land and is a Housholder and has a Family and whose real and personal Estate does not amount to _____ Pounds 10. THE present Number of the Representatives of the Commons shall be _____ who as the Country shall encrease shall also proportionably be encreased if the Commons do so desire but shall in no future Time be encreased beyond one hundred 11. AND pursuant to that just Maxim of Government above mentioned and for the Preservation of the Ballance of Power according to the Proportion of the Property it is declared and appointed That the Number of the Representatives of the People to be sent from any County or Place shall be more or less according to the Charges born and Money paid by each Respective Division of the Country in the last General Assessment foregoing such Election 12. THE Landgraves and Cassiques who compose the Upper-House shall not at any time exceed half the Number of the Commons 13. THE Landgraves and Cassiques shall be created by the Lords Proprietors Letters Patents under their Great Seal by the joynt Election of the Proprietors or a Quorum of them which shall be the Hereditary Nobility of the Province of Carolina and by Righ● of their Dignity be Members of the Upper-House of Parliament each Landgrave shall have _____ Acres of Land to be taken up in _____ several Counties and each Cassique _____ Acres of Land to be taken up in _____ several Counties and the said Honour and Dignity shall descend to the Eldest Son unless by Deed or Will Devis'd to any other of the Sons or for want of Sons to the Eldest Daughter unless as aforesaid and for want of such to the next Heir unless devised as aforesaid by Deed or Will to be attested by Three credible Witnesses whereof one at least to be of the Nobility to any other Person 14. AND to the End that such an Order of Persons being made Noble and invested with great Powers and Privileges whereby to engage them in a more particular Affection towards this Settlement and Country of Carolina may not fall into Contempt or be any ways injurious to the Constitution of the Government It is Declared and Appointed that whatsoever Landgrave or Cassique his Heirs and Successors shall not be qualified as in Article 7th and so be excluded from the aforesaid Priviledge of Sitting
of Communion set down the external Way whereby they witness a Truth as in the Presence of GOD whether it be by laying Hands on or kissing the Bible as in the Church of England or by holding up the Hand or any other sensible Way § 101. No Person above seventeen Years of Age shall have any Benefit or Protection of the Law or be capable of any Place of Profit or Honour which is not a Member of some Church or Profession having his Name Recorded in some one and but one Religious Record at once § 102. No Person of any other Church or Profession shall disturb or molest any Religious Assembly § 103. No Person whatsoever shall speak anything in their Religions Assembly irreverently or seditiously of the Government or Governours or State-Matters § 104. Any Person subscribing the Terms of Communion in the Record of the said Church or Profession before the Precinct Register and any five Members of the said Church or Profession shall be thereby made a Member of the said Church or Profession § 105. Any Person striking out his own Name out of any Religious Record or his Name being struck out by any Officer thereunto authorized by each Church or Profession respectively shall cease to be a Member of that Church or Profession § 106. No Man shall use any reproachful reviling or abusive Language against the Religion of any Church or Profession that being the certain way of disturbing the Peace and of hindring the Conversion of any to the Truth by engaging them in Quarrels and Animosities to the hatred of the Professors and that Profession which otherwise they might be brought to assent to § 107. Since Charity obliges us to wish well to the Souls of all Men and Religion ought to alter nothing in any Man 's Civil Estate or Right it shall be lawful for Slaves as well as others to enter themselves and be of what Church or Profession any of them shall think best and thereof be as fully Members as any Freeman But yet no Slave shall hereby be exempted from that Civil Dominion his Master hath over him but be in all other Things in the same State and Condition he was in before § 108. Assemblies upon what Pretence soever of Religion not observing and performing the abovesaid Rules shall not be esteemed as Churches but unlawful Meetings and be punished as other Riots § 109. No Person whatsoever shall disturb molest or persecute another for his speculative Opinions in Religion or his Way of Worship § 110. Every Freeman of Carolina shall have absolute Power and Authority over his Negro Slaves of what Opinion or Religion soever § 111. No Cause whether Civil or Criminal of any Freeman shall be Tried in any Court of Judicature without a Jury of his Peers § 112. No Person whatsoever shall hold or claim any Land in Carolina by Purchase or Gift or otherwise from the Natives or any other whatsoever but meerly from and under the Lords Proprietors upon pain of Forfeiture of all his Estate moveable or immoveable and perpetual Banishment § 113. Whosoever shall possess any Freehold in Carolina upon what Title or Grant soever shall at the farthest from and after the Year One Thousand Six Hundred Eighty Nine pay yearly unto the Lords Proprietors for each Acre of Land English Measure as much fine Silver as is at this present in one English Penny or the Value thereof to be as a Chief Rent and Acknowledgment to the Lords Proprietors their Heirs and Successors for ever And it shall be lawful for the Palatine's Court by their Officers at any Time to take a new Survey of any Man's Land not to out him of any Part of his Possession but that by such a Survey the just Number of Acres he possesseth may be known and the Rent thereupon due may be paid by him § 114. All Wrecks Mines Minerals Quarries of Gems and Precious Stones with Pearl-fishing Whale-fishing and one Half of all Ambergreece by whomsoever found shall wholly belong to the Lords Proprietors § 115. All Revenues and Profits belonging to the Lords Proprietors in common shall be divided into ten Parts whereof the Palatine shall have three and each Proprietor one but if the Palatine shall Govern by a Deputy his Deputy shall have one of those three Tenths and the Palatine the other two Tenths § 116. All Inhabitants and Freemen of Carolina above Seventeen Years of Age and under sixty shall be bound to bear Arms and serve as Soldiers whenever the Grand Council shall find it necessary § 117. A true Copy of these Fundamental Constitutions shall be kept in a great Book by the Register of every Precinct to be subscribed before the said Register Nor shall any Person of what Condition or Degree soever above seventeen Years old have any Estate or Possession in Carolina or Protection or Benefit of the Law there who hath not before a Precinct Register subscribed these Fundamental Constitutions in this Form I A. B. do promise to bear Faith and true Allegiance to our Soveraign Lord King CHARLES the Second His Heirs and Successors and will be true and faithfull to the Palatine and Lords Proprietors of Carolina their Heirs and Successors and with my utmost Power will defend them and maintain the Government according to this Establishment in these Fundamental Constitutions § 118. Whatsoever Alien shall in this Form before any Precinct Register subscribe these Fundamental Constitutions shall be thereby Naturalized § 119. In the same Manner shall every Person at his Admittance into any Office subscribe these Fundamental Constitutions § 120. These Fundamental Constitutions in Number a hundred and twenty and every Part thereof shall be and remain the Sacred and unalterable Form and Rule of Government of Carolina for ever Witness our Hands and Seals the First Day of March 1669. RULES of PRECEDENCY 1. THE Lords Proprietors the eldest in Age first and so in order 2. The eldest Sons of the Lords Proprietors the eldest in Age first and so in order 3. The Landgraves of the Grand Council he that hath been longest of the Grand Council first and so in order 4. The Cassiques of the Grand Council he that hath been longest of the Grand Council first and so in order 5. The seven Commoners of the Grand Council that have been longest of the Grand Council he that hath been longest of the Grand Council first and so in order 6. The youngest Sons of Proprietors the eldest first and so in order 7. The Landgraves the eldest in Age first and so in order 8. The seven Commoners who next to those before mentioned have been longest of the Grand Council he that hath been longest of the Grand Council first and so in order 9. The Cassiques the eldest in Age first and so in order 10. The seven remaining Commoners of the Grand Council he that hath been longest of the Grand Council first and so in order 11. The Male Line of the Proprietors The rest shall be