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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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Dignity with the Baronies thereunto annexed before the Second biennial Parliament after such Devolution the next biennial Parliament but one after such Devolution shall have Power to make any one Landgrave or Cassique in the Room of him who dying without Heirs his Dignity and Baronies devolved § 13. No one Person shall have more than one Dignity with the Signiores or Baronies thereunto belonging But whensoever it shall happen that any one who is already Proprietor Landgrave or Cassique shall have any of these Dignities descend to him by Inheritance it shall be at his Choice to keep which of the Dignities with the Lands annexed he shall like best but shall leave the other with the Lands annexed to be enjoyed by him who not being his Heir Apparent and certain Successor to his present Dignity is next of Blood § 14. Whosoever by Right of Inheritance shall come to be Landgrave or Cassique shall take the Name and Arms of his Predecessor in that Dignity to be from thenceforth the Name and Arms of his Family and their Posterity § 15. Since the Dignity of Proprietor Landgrave or Cassique cannot be divided and the Signiories or Baronies thereunto annexed must for ever all entirely descend with and accompany that Dignity whensoever for want of Heirs Male it shall descend on the Issue Female the eldest Daughter and Heirs shall be preferred and in the Inheritance of those Dignities and in the Signiories or Baronies annexed there shall be no Co-heirs § 16. In every Signiory Barony and Mannor the respective Lord shall have Power in his own Name to hold Court-Leet there for Trying of all Causes both Civil and Criminial but where it shall concern any Person being no Inhabitant Vassal or Leetman of the said Signiory Barony or Mannor he upon paying down of Forty Shillings to the Lords Proprietors use shall have an Appeal from the Signiory or Barony Court to the County Court and from the Mannor Court to the Precinct Court § 17. Every Mannor shall consist of not less than Three Thousand Acres and not above Twelve Thousand Acres in one entire Piece and Colony but any Three Thousand Acres or more in one Piece and the Possession of one Man shall not be a Mannor unless it be constituted a Mannor by the Grant of the Palatine's Court. § 18. The Lords of Signiories and Baronies shall have Power only of granting Estates not exceeding Three Lives or Thirty One Years in Two Thirds of the said Signiories or Baronies and the remaining Third shall be always Demesne § 19. Any Lord of a Mannor may alienate sell or dispose to any other Person and his Heirs for ever his Mannor all entirely together with all the Privileges and Leetmen thereunto belonging so far forth as any other Colony Lands but no Grant of any part thereof either in Fee or for any longer Term than Three Lives or One and Twenty Years shall be good against the next Heir § 20. No Mannor for want of Issue Male shall be divided amongst Co-heirs but the Mannor if there be but one shall all entirely descend to the eldest Daughter and her Heirs If there be more Mannors than one the eldest Daughter first shall have her Choice the Second next and so on beginning again at the Eldest till all the Mannors be taken up that so the Privileges which belong to Mannors being indivisible the Lands of the Mannors to which they are annexed may be kept entire and the Mannor not lose those Privileges which upon parcelling out to several Owners must necessarily cease § 21. Every Lord of a Mannor within his Mannor shall have all the Powers Jurisdictions and Privileges which a Landgrave or Cassique hath in his Baronies § 22. In every Signiory Barony and Mannor all the Leet-Men shall be under the Jurisdiction of the respective Lords of the said Signiory Barony or Mannor without Appeal from him Nor shall any Leet-Man or Leet-Woman have Liberty to go off from the Land of their particular Lord and live any where else without License obtained from their said Lord under Hand and Seal § 23. All the Children of Leet-Men shall be Leet-Men and so to all Generations § 24. No Man shall be capable of having a Court-Leet or Leet-Men but a Proprietor Landgrave Cassique or Lord of a Mannor § 25. Whoever shall voluntarily enter himself a Leet-Man in the Registry of the County Court shall be a Leet-Man § 26. Whoever is Lord of Leet-Men shall upon the Marriage of a Leet-Man or Leet-Woman of his give them Ten Acres of Land for their Lives they paying to him therefore not more than one Eighth part of all the Yearly Produce and Growth of the said Ten Acres § 27. No Landgrave or Cassique shall be try'd for any Criminal Cause in any but the Chief-Justice's Court and that by a Jury of his Peers § 28. There shall be Eight Supreme Courts The First called The Palatine's Court consisting of the Palatine and the other Seven Proprietors The other Seven Courts of the other Seven Great Officers shall consist each of them of a Proprietor and Six Councellors added to him Under each of these latter Seven Courts shall be a College of Twelve Assistants The Twelve Assistants of the several Colleges shall be chosen Two out of the Landgraves Cassiques or eldest Sons of Proprietors by the Palatine's Court Two out of the Landgraves by the Landgraves Chamber Two out of the Cassiques by the Cassiques Chamber Four more of the Twelve shall be chosen by the Commons Chamber out of such as have been or are Members of Parliament Sheriffs or Justices of the County Court or the younger Sons of Proprietors or eldest Sons of Landgraves of Cassiques the Two other shall be chosen by the Palatine's Court out of the same Sort of Persons out of which the Commons Chamber is to chuse § 29. Out of these Colleges shall be chosen at first by the Palatine's Court Six Councellers to be joined with each Proprietor in his Court of which Six one shall be of those who were chosen into any of the Colleges by the Palatine's Court out of the Landgraves Cassiques or eldest Sons of Proprietors one out of those who were chosen by the Landgraves Chamber and one out of those who were chosen by the Cassiques Chamber Two out of those who were chosen by the Commons Chamber and one out of those who were chosen by the Palatine's Court out of the Proprietors younger Sons or eldest Sons of Landgraves Cassiques or Commons qualified as aforesaid § 30. When it shall happen that any Councellor dies and thereby there is a Vacancy the Grand Council shall have Power to remove any Councellor that is willing to be removed out of any of the Proprietors Courts to fill up the Vacancy provided they take a Man of the same Degree and Choice the other was of whose vacant Place is to be filled up But if no Councellor consent to be removed or upon such Remove the last remaining
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