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
and Wares there laded or to be laded or unladed the said Customs to be reasonably assessed upon any Occasion by themselves and by and with the Consent of the free People there or the greater Part of them as aforesaid to whom We give Power by these Presents for Us our Heirs and Successors upon just Cause and in a due Proportion to assess and impose the same And further of our especial Grace certain Knowledge and meer Motion we have given granted and confirmed and by these Presents for Us our Heirs and Successors do give grant and confirm unto 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 their Heirs and Assigns full and absolute License Power and Authority that the said Edward Earl of Clarendon George Duke of Albemarle VVilliam Lord Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir VVilliam Berkley and Sir John Colleton their Heirs and Assigns from Time to Time hereafter for ever at his and their Will and Pleasure may assign alien grant demise or enfeoft the Premises or any Parts or Parcells thereof to him or them that shall be willing to purchase the same and to such Person or Persons as they shall think fit to have and to hold to them the said Person or Persons their Heirs and Assigns in Fee simple or Fee Tayle or for Term of Life or Lives or Years to be held of them the said Edward Earl of Clarendon George Duke of Albemarle VVilliam Lord Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir William Berkeley and Sir John Colleton their Heirs and Assigns by such Rents Services and Customs as shall seem meet to the said Edward Earl of Clarendon George Duke of Albemarle VVilliam Lord Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir William Berkeley and Sir John Colleton their Heirs and Assigns and not immediately of Us our Heirs and Successors And to the same Person and Persons and to all and every of them We do give and grant by these Presents for Us our Heirs and Successors License Authority and Power that such Person or Persons may have or take the Premises or any Parcel thereof of the said Edward Earl of Clarendon George Duke of Albemarle VVilliam Lord Craven John Lord Berkely Anthony Lord Ashley Sir George Carterett Sir William Berkeley and Sir John Colleton their Heirs and Assigns and the same to hold to themselves their Heirs or Assigns in what Estate of Inheritance whatsoever in Fee simple or in Fee Tayle or otherwise as to them and 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 shall seem expedient The Statute made in the Parliament of Edward Son of King Henry heretofore King of England our Predecessor commonly called The Statute of Quia Emptores Terrae or any other Satute Act Ordinance Use Law Custom or any other Matter Cause or Thing heretofore published or provided to the contrary in any wise notwithstanding And because many Persons born or inhabiting in the said Province for their Deserts and Services may expect and be capable of Marks of Honour and Favour which in respect of the great Distance cannot conveniently be conferred by Us our Will and Pleasure therefore is and We do by these Presents give and grant unto the said Edward Earl of Clarendon George Duke of Albemarle Willliam Lord Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir William Berkeley and Sir John Colleton their Heirs and Assigns full Power and Authority to give and conferr unto and upon such of the Inhabitants of the said Province as they shall think do or shall merit the same such Marks or Favour and Titles of Honour as they shall think fit so as these Titles of Honour be 〈…〉 conferred upon any the 〈◊〉 of this Our Kingdom of 〈◊〉 And further also We do by these Presents for Us Our Heirs and Successors give and Grant License 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 their Heirs and Assigns full Power Liberty and License to Erect Raise and Build within the said Province and Places aforesaid or any Part or Parts thereof such and so many Forts Fortresses Castles Cities Borroughs Towns Villages and other Fortifications whatsoever and the same or any of them to Fortify and Furnish with Ordinance Powder Shot Armory and all other Weapons Ammunition Habiliments of War both Offensive and Defensive as shall be thought fit and convenient for the Safety and Welfare of the said Province and Places or any Part thereof and the same or any of them from Time to Time as Occasion shall require to Dismantle Disfurnish Demolish and pull down and also to Place Constitute and Appoint in or over all or any of the said Castles Forts Fortifications Cities Towns and Places aforesaid Governours Deputy Governours Magistrates Sheriffs and other Officers Civil and Military as to them shall seem meet and to the said Cities Burroughs Towns Villages or any other Place or Places within the said Province to Grant Letters or Charters of Incorporation with all Liberties Franchises and Priviledges requisite and usual or to or within any Corporations within this Our Kingdom of England granted or belonging and in the same Citties Burroughs Towns and other Places to Constitute Erect and Appoint such and so many Markets Marts and Fairs as shall in that Behalf be thought fit and necessary and further also to Erect and Make in the Province aforesaid or any Part thereof so many Mannors as to them shall seem meet and convenient and in every of the same Mannors to have and to hold a Court-Baron with all things whatsoever which to a Court-Baron do belong and to have and to hold Views of Franck Pledge and Court-Leet for the Conservation of the Peace and better Government of those Parts within such Limits Jurisdictions and Precincts as by the said Edward Earl of Clarendon George Duke of Albemarle William Lord Craven John Lord Berkely Anthony Lord Ashley Sir George Carterett Sir William Berkeley and Sir John Colleton or their Heirs shall be appointed for that purpose with all things whatsoever which to a Court Leet or view of Franck Pledge do belong the said Court to be holden by Stewards to be Deputed and Authorized by 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 or their Heirs or by the Lords of other Mannors and Leets for the Time being when the same shall be Erected And because that in so remote a Country and Scituate among
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
and Assigns That they 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 their Heirs and Assigns may from Time to Time for ever have and enjoy the Customs and Subsidies in the Ports Harbours Creeks and other Places within the Province aforesaid payable for the Goods Merchandizes and Wares there laded or be laded or unladed the said Customs to be reasonably assessed to upon any Occasion by themselves and by and with the Consent of the free People or the greater Part of them as aforesaid to whom We give Power by these Presents for Us our Heirs and Successors upon just Cause and in a due Proportion to assess and impose the same And further of our especial Grace certain Knowledge and meer Motion we have given granted and confirmed and by these Presents for Us our Heirs and Successors do give grant and confirm unto the said Edward Earl of Clarendon George Duke of Albemarle VVilliam Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir John Colleton and Sir VVilliam Berkeley their Heirs and Assigns full and absolute Power License and Authority that they the said Edward Earl of Clarendon George Duke of Albemarle VVilliam Earl Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir John Colleton and Sir VVilliam Berkley their Heirs and Assigns from Time to Time hereafter for ever at his and their Will and Pleasure may assign alien grant demise or enfeoff the Premises or any Part or Parcell thereof to him or them that shall be willing to purchase the same and to such Person and Persons as they shall think fit to have and to hold to them the said Person or Persons their Heirs and Assigns in Fee simple or in Fee Tayle or for the Term of Life or Lives or Years to be held of them the said Edward Earl of Clarendon George Duke of Albemarle VVilliam Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir John Colleton and Sir William Berkeley their Heirs and Assigns by such Rents Services and Customs as shall seem fit to them the said Edward Earl of Clarendon George Duke of Albemarle VVilliam Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir John Colleton and Sir William Berkeley their Heirs and Assigns and not of Us our Heirs and Successors And to the same Person and Persons and to all and every of them We do give and grant by these Presents for Us our Heirs and Successors License Authority and Power that such Person or Persons may have and take the Premises or any Parcel thereof of the said Edward Earl of Clarendon George Duke Of Albemarle VVilliam Earl of Craven John Lord Berkely Anthony Lord Ashley Sir George Carterett Sir John Colleton and Sir William Berkeley their Heirs and Assigns and the same to hold to themselves their Heirs or Assigns in what Estate of Inheritance soever in Fee simple or in Fee Tayle or otherwise as 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 Berkley their Heirs and Assigns shall seem expedient The Statute in the Parliament of Edward Son of King Henry heretofore King of England our Predecessor commonly called The Statute of Quia Emptores Terrar or any other Satute Act Ordinance Use Law Custom or any other Matter Cause or Thing heretofore published or provided to the contrary in any wise notwithstanding And because many Persons born and inhabiting in the said Province for their Deserts and Services may expect and be capable of Marks of Honour and Favour which in respect of the great Distance cannot conveniently be conferred by Us our Will and Pleasure therefore is and We do by these Presents give and grant unto the said Edward Earl of Clarendon George Duke of Albemarle William Lord Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir John Colleton and Sir William Berkeley 〈◊〉 Heirs and Assigns full Power and Authority to give and conferr unto and upon such of the Inhabitants of the said Province or Territory as they shall think do or shall merit the same such Marks of Favour and Titles of Honour as they shall think fit so as their Titles or Honours be not the same as are enjoyed by or conferred upon any of the Subjects of this Our Kingdom of England And further also We do by these Presents for Us Our Heirs and Successors give and Grant License 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 full Power Liberty and License to Erect Raise and Build within the said Province and Places aforesaid or any Part or Parts thereof such and so many Forts Fortresses Castles Cities Burroughs Towns Villages and other Fortifications whatsoever and the same or any of them to Fortify and Furnish with Ordnance Powder Shot Armour and all other Weapons Ammunition and Habiliments of War both Defensive and Offensive as shall be thought fit and convenient for the Safety and Welfare of the said Province and Places or any Part thereof And the same or any of them from Time to Time as Occasion shall require to Dismantle Disfurnish Demolish and pull down And also to Place Constitute and Appoint in or over all or any of the said Castles Forts Fortifications Cities Towns and Places aforesaid Governours Deputy Governours Magistrates Sheriffs and other Officers Civil and Military as to them shall seem meet And to the said Cities Burroughs Towns Villages or any other Place or Places within the said Province or Territory to Grant Letters or Charters of Incorporation with all Liberties Franchises and Priviledges requisite or usual or to or within this Our Kingdom of England granted or belonging And in the same Citties Burroughs Towns and other Places to Constitute Erect and Appoint such and so many Markets Marts and Fairs as shall in that Behalf be thought fit and necessary And further also to Erect and Make in the Province or Territory aforesaid or any Part thereof so man Mannors with such Signories as to them shall seem meet and convenient and in every of the same Mannors to have and to hold a Court-Baron with all Things whatsoever which to a Court-Baron do belong and to have and to hold Views of Franck Pledge and Courts-Leet for the Conservation of the Peace and better Government of those Parts with such Limits Jurisdiction and Precincts as by the said Edward Earl of Clarendon George Duke of Albemarle William Earl of Craven John Lord Berkely Anthony Lord Ashley Sir George Carterett Sir John Colleton and Sir William Berkeley or their Heirs shall be appointed for that purpose
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-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
vacant Place in any of the Proprietors Courts shall be filled up by the Choice of the Grand Council who shall have Power to remove out of any of the Colleges any Assistant who is of the same Degree and Choice that Councellor was of into whose vacant Place he is to succeed The Grand Council also shall have Power to remove any Assistant that is willing out of one College into another provided he be of the same Degree and Choice But the last remaining vacant Place in any College shall be filled up by the same Choice and out of the same Degree of Persons the Assistant was of who is dead or removed No Place shall be vacant in any Proprietors Court above Six Months No Place shall be vacant in any College longer than the next Session of Parliament § 31. No Man being a Member of the Grand Council or of any of the Seven Colleges shall be turned out but for Misdemeanor of which the Grand Council shall be Judge and the Vacancy of the Person so put out shall be filled not by the Election of the Grand Council but by those who first chose him and out of the same Degree he was of who is expelled But it is not hereby to be understood that the Grand Council hath any Power to turn out any One of the Lords Proprietors or their Deputies the Lords Proprietors having in themselves an inherent original Right § 32. All Elections in the Parliament in the several Chambers of the Parliament and in the Grand Council shall be passed by Balotting § 33. The Palatine's Court shall consist of the Palatine and Seven Proprietors wherein nothing shall be acted without the Presence and Consent of the Palatine or his Deputy and Three others of the Proprietors or their Deputies This Court shall have Power to call Parliaments to pardon all Offences to make Elections of all Officers in the Proprieters dispose and 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 Grand Council and the Parliament except only as in § 6. and 12. And shall have all the Powers 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 § 34. The Palatine himself when he in Person shall be either in the Army or in any of the Proprietors Courts shall then have the Power of General or of that Proprietor in whose Court he is then present and the Proprietor in whose Court the Palatine then presides shall during his presence there be but as one of the Council § 35. The Chancellor's Court consisting of one of the Proprietors and his Six Councellors who shall be called Vice-Chancellors shall have the Custody of the Seal of the Palatinate under which all Charters of Lands or otherwise Commissions and Grants of the Palatine's Court shall pass And it shall not be lawful to put the Seal of the Palatinate to any Writing which is not signed by the Palatine or his Deputy and Three other Proprietors or their Deputies To this Court also belongs all State Matters Dispatches and Treaties with the Neighbour Indians To this Court also belongs all Invasions of the Law of Liberty of Conscience and all Disturbances of the publick Peace upon Pretence of Religion as also the Licence of Printing The Twelve Assistants belonging to this Court shall be called Recorders § 36. Whatever passes under the Seal of the Palatinate shall be register'd in that Proprietor's Court to which the Matter therein contained belongs § 37. The Chancellor or his Deputy shall be always Speaker in Parliament and President of the Grand Council and in his and his Deputy's Absence one of his Vice-Chancellors § 38. The Chief-Justice's Court consisting of one of the Proprietors and his Six Councellors who shall be called Justices of the Bench shall judge all Appeals in Cases both Civil and Criminal except all such Cases as shall be under the Jurisdiction and Cognizance of any other of the Proprietors Courts which shall be tried in those Courts respectively The Government and Regulation of the Registries of Writings and Contracts shall belong to the Jurisdiction of this Court. The Twelve Assistants of this Court shall be called Masters § 39. The Constables Court consisting of one of the Proprietors and his Six Councellors who shall be called Marshals shall order and determine of all Military Affairs by Land and all Land-Forces Arms Ammunition Artillery Garrisons and Forts c. and whatever belongs unto War His Twelve Assistants shall be called Lieutenant-Generals § 40. In time of actual War the Constable whilst he is in the Army shall be General of the Army and the Six Councellors or such of them as the Palatine's Court shall for that Time or Service appoint shall be the immediate great Officers under him and the Lieutenant-Generals next to them § 41. The Admiral 's Court consisting of one of the Proprietors and his Six Councellors called Consuls shall have the Care and Inspection over all Ports Moles and Navigable Rivers so far as the Tide flows and also all the publick Shipping of Carolina and Stores thereunto belonging and all Maritime Affairs This Court also shall have the Power of the Court of Admiralty and shall have power to constitute Judges in Port-Towns to try Cases belonging to Law-Merchant as shall be most convenient for Trade The Twelve Assistants belonging to this Court shall be called Pro-Consuls § 42. In time of actual War the Admiral whilst he is at Sea shall command in Chief and his Six Councellors or such of them as the Palatine's Court shall for that Time and Service appoint shall be the immediate great Officers under him and the Pro-Consuls next to them § 43. The Treasurer's Court consisting of a Proprietor and his Six Councellors called Vnder-Treasurers shall take Care of all Matters that concern the publick Revenue and Treasury The Twelve Assistants shall be called Auditors § 44. The High-Stewards Court consisting of a Proprietor and his Six Councellors called Comptrollers shall have the Care of all Foreign and Domestick Trade Manufactures publick Buildings Work-houses High-ways Passages by Water above the Floud of the Tide Drains Sewers and Banks against Inundations Bridges Posts Carriers Fairs Markets Corruption or Infection of the common Air or Water and all Things in order to the publick Commerce and Health Also Setting out and Surveying of Lands and also setting out and appointing Places for Towns to be built on in the Precincts and the prescribing and determining the Figure and Bigness of the said Towns according to such Models as the said Court shall order contrary or differing from which Models it shall not be lawful for any one to build in any Town This Court shall
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
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 Righâ— 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
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