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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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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 ●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
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