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         Constitution (1669)
      
       
         
           1670
        
      
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             The fundamental constitutions of Carolina
             Constitution (1669)
             Locke, John, 1632-1704.
          
           [2], 25, [1]
           
             s.n.,
             [London :
             1670]
          
           
             Drawn up by John Locke. Cf. Encyc. Amer., 1980.
             Place and date of publication from Wing.
             Reproduction of the original in the Harvard University Library.
          
        
      
    
     
       
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           North Carolina -- History -- Colonial period, ca. 1600-1775 -- Constitution -- Early works to 1800.
        
      
    
     
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           THE
           FUNDAMENTAL
           CONSTITUTIONS
           OF
           CAROLINA
        
      
    
     
       
         
         
         
           THE
           Fundamental
           Constitutions
           OF
           CAROLINA
           .
        
         
           
             OUR
             SOVERAIGN
             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
             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
             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
               ,
               Constables
               ,
               Chief
               Iustices
               ,
               High
               Stewards
               ,
               
               Treasurers
            
             ;
             which
             Places
             shall
             be
             enjoyed
             by
             none-but
             the
             
               Lords
               Proprietors
            
             ,
             to
             be
             assigned
             at
             first
             by
             Lot
             ;
             and
             upon
             the
             vacancy
             of
             any
             one
             of
             the
             seven
             great
             Offices
             by
             Death
             or
             otherwise
             ,
             the
             eldest
             Proprietor
             shall
             have
             his
             choice
             of
             the
             said
             Place
             .
          
        
         
           
             §.
             3
          
           
             The
             whole
             Province
             shall
             be
             divided
             into
             Counties
             ;
             each
             County
             shall
             consist
             of
             eight
             Signiories
             ,
             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
             Signories
             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
             annexed
             ,
             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
             Propritetorship
             ,
             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
             Signiories
             and
             Priviledges
             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
             surving
             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
             Propritorship
             ,
             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
             Vacany
             ,
             shall
             have
             power
             to
             chuse
             any
             Landgrave
             to
             be
             Proprietor
             .
          
        
         
           
             §.
             7
          
           
             Whosoever
             after
             the
             Year
             One
             thousand
             seven
             hundred
             ,
             either
             by
             Inheritance
             or
             Choise
             ,
             shall
             succed
             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
             annexed
             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
             setled
             upon
             the
             said
             Dignity
             .
          
        
         
           
             §.
             10
          
           
             The
             first
             Landgraves
             and
             Cassiques
             of
             the
             twelve
             first
             Countites
             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
             joynt
             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
               intirely
               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
             then
             as
             in
             §
             .
             18
             ,
             but
             they
             shall
             all
             intirely
             ,
             with
             the
             Dignity
             thereunto
             belonging
             ,
             Descend
             unto
             his
             
               Heirs
               Males
            
             ;
             and
             for
             want
             of
             
               Heirs
               Male
            
             ,
             all
             intirely
             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
               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
             Signiories
             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
             her
             Heirs
             shall
             be
             preferred
             ,
             and
             in
             the
             Inheritance
             of
             those
             Dignities
             ,
             and
             in
             the
             Signiories
             or
             Baronies
             annexed
             ,
             there
             shall
             be
             no
             Cobeirs
             .
          
        
         
           
             §.
             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
             Criminal
             ;
             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
             Shilings
             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
             onely
             of
             granting
             Estates
             not
             exceeding
             
               three
               Lives
            
             or
             
               thrity
               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
             Priviledges
             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
             Coheirs
             ;
             but
             the
             Mannor
             ,
             if
             there
             be
             but
             one
             ,
             shall
             all
             entirely
             descend
             to
             the
             eldest
             Daughter
             and
             her
             Heirs
             .
             If
             there
             be
             moe
             Mannors
             then
             one
             ,
             the
             eldest
             Daughter
             first
             shall
             have
             her
             choise
             ,
             the
             second
             next
             ,
             and
             so
             on
             ,
             beginning
             again
             at
             the
             eldest
             ,
             till
             all
             the
             Mannors
             be
             taken
             up
             ;
             that
             so
             the
             Priviledges
             which
             belong
             to
             Mannors
             being
             indivisible
             ,
             the
             Lands
             of
             the
             Mannors
             to
             which
             they
             are
             annexed
             ,
             may
             be
             
               kept
               entire
            
             ,
             and
             the
             Mannor
             not
             loose
             those
             Priviledges
             ,
             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
             Priviledges
             ,
             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
             Licence
             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
             Tried
             for
             any
             Criminal
             Cause
             ,
             in
             any
             but
             the
             
               Chief
               Iustice'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
             later
             seven
             Courts
             shall
             be
             a
             Colledge
             of
             twelve
             Assistants
             .
             The
             twelve
             Assistants
             of
             the
             several
             Colledges
             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
             Iustices
             of
             the
             
               County
               Court
            
             ,
             or
             the
             younger
             Sons
             of
             Proprietors
             ,
             or
             eldest
             Sons
             of
             Landgraves
             or
             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
             Colledges
             shall
             be
             chosen
             at
             first
             by
             the
             
             Palatine's
             
               Court
               ,
               six
               Councellors
            
             ,
             to
             be
             joyned
             with
             each
             Proprietor
             in
             his
             Court
             ;
             of
             which
             six
             one
             shall
             be
             of
             those
             who
             were
             chosen
             into
             any
             of
             the
             Colledges
             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
             
               Proproprietors
               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
             vacant
             Place
             in
             any
             of
             the
             
               Proprietors
               Courts
            
             ,
             shall
             be
             filled
             up
             by
             the
             choise
             of
             the
             
               Grand
               Council
            
             ,
             who
             shall
             have
             power
             to
             remove
             out
             of
             any
             of
             the
             Colledges
             ,
             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
             Colledge
             into
             another
             ,
             provided
             he
             be
             of
             the
             same
             Degree
             and
             Choice
             .
             But
             the
             last
             remaining
             vacant
             Place
             in
             any
             Colledge
             ,
             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
             Colledge
             longer
             then
             the
             next
             Session
             of
             Parliament
             .
          
        
         
           
             §.
             31
          
           
             No
             Man
             ,
             being
             a
             Member
             of
             the
             
               Grand
               Council
            
             ,
             or
             of
             any
             of
             the
             seven
             Colledges
             ,
             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
             Baloting
             .
          
        
         
           
             §.
             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
             Proprietors
             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
             onely
             as
             in
             §
             .
             6.
             and
             12.
             
             And
             shall
             have
             all
             the
             Powers
             granted
             to
             the
             
               Lords
               Proprietors
            
             by
             their
             Patent
             from
             OUR
             SOVERAIGN
             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
             Chancellors
             ,
             who
             shall
             be
             called
             Vice-Chancellors
             ,
             shall
             have
             the
             custory
             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
               ,
               Disspatches
            
             ,
             and
             Treaties
             with
             the
             neigbor
             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
             Registred
             in
             that
             
             Propristor'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
             Iustice's
             Court
             ,
             consisting
             of
             one
             of
             the
             Proprietors
             and
             his
             six
             Chancellors
             ,
             who
             shall
             be
             called
             
               Iustices
               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
             Iurisdiction
             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
             Lieutenane-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
             Proconsuls
             .
          
        
         
           
             §.
             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
             Proconsuals
             next
             to
             them
             .
          
        
         
           
           
             §.
             43
          
           
             The
             
             Treasurer's
             Court
             ,
             consisting
             of
             a
             Proprietor
             and
             his
             six
             Councellors
             ,
             called
             Under-Treasurers
             ,
             shall
             take
             care
             of
             all
             Matters
             that
             concern
             the
             Publick
             Revenus
             and
             Treasury
             .
             The
             twelve
             Assistants
             shall
             be
             called
             Auditors
             .
          
        
         
           
             §.
             44
          
           
             The
             High
             Steward's
             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
               ,
               Highways
               ,
               Passages
            
             by
             Water
             above
             the
             Flood
             of
             the
             Tide
             ,
             
               Drains
               ,
               Sewers
            
             and
             Banks
             against
             Inundations
             ,
             
               Bridges
               ,
               Post
               ,
               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
             have
             power
             also
             to
             make
             any
             publick
             Building
             ,
             or
             any
             new
             Highway
             ,
             or
             enlarge
             any
             old
             Highway
             ,
             upon
             any
             Man's
             Land
             whatsoever
             ,
             as
             also
             to
             make
             
               Cuts
               ,
               Channels
               ,
               Banks
               ,
               Locks
               ,
            
             and
             Bridges
             ,
             for
             making
             Rivers
             Navigable
             ,
             or
             for
             Draining
             Fens
             ,
             or
             any
             other
             publick
             Use.
             The
             Damage
             the
             Owner
             of
             such
             Lands
             (
             on
             or
             through
             which
             any
             such
             publick
             thing
             shall
             be
             made
             )
             shall
             receive
             thereby
             ,
             shall
             be
             valued
             ,
             and
             Satisfaction
             made
             by
             such
             ways
             as
             the
             
               Grand
               Council
            
             shall
             appoint
             .
             The
             twelve
             Assistants
             belonging
             to
             this
             Court
             ,
             shall
             be
             called
             Surveyors
             .
          
        
         
           
             §.
             45
          
           
             The
             
             Chamberlain's
             Court
             ,
             consisting
             of
             a
             Proprietor
             and
             his
             six
             Councellors
             ,
             called
             Vice-Chamberlains
             ,
             shall
             have
             the
             care
             of
             all
             
               Ceremonies
               ,
               Precedency
               ,
               Heraldry
               ,
               Reception
            
             of
             publick
             Messengers
             ,
             Pedegrees
             ;
             the
             Registry
             of
             all
             
               Births
               ,
               Burials
            
             ,
             and
             
               Marriages
               ,
               Legitimation
            
             ,
             and
             all
             Cases
             concerning
             Matrimony
             ,
             or
             arising
             from
             it
             ;
             and
             shall
             also
             have
             power
             to
             regulate
             all
             
               Fashions
               ,
               Habits
               ,
               Badges
               ,
               Games
               ,
            
             and
             Sports
             .
             To
             this
             Court
             also
             it
             shall
             belong
             ,
             to
             Convocate
             the
             
               Grand
               Council
            
             .
             The
             twelve
             Assistants
             belonging
             to
             this
             Court
             ,
             shall
             be
             called
             Provosts
             .
          
        
         
           
           
             §.
             46
          
           
             All
             Causes
             belonging
             to
             ,
             or
             under
             the
             Jurisdiction
             of
             any
             of
             the
             
               Proprietors
               Courts
            
             ,
             shall
             in
             them
             respectively
             be
             Tried
             ,
             and
             
               ultimately
               Determined
            
             ,
             without
             any
             farther
             Appeal
             .
          
        
         
           
             §.
             47
          
           
             The
             
               Proprietors
               Courts
            
             shall
             have
             a
             power
             to
             mitigate
             all
             Fines
             ,
             and
             suspend
             all
             Executions
             in
             Criminal
             Causes
             ,
             either
             before
             or
             after
             Sentence
             in
             any
             of
             the
             other
             
               inferiour
               Courts
            
             respectively
             .
          
        
         
           
             §.
             48
          
           
             In
             all
             Debates
             ,
             Hearings
             ,
             or
             Trials
             ,
             in
             any
             of
             the
             
               Proprietors
               Courts
            
             ,
             the
             twelve
             Assistants
             belonging
             to
             the
             said
             Courts
             respectively
             ,
             shall
             have
             liberty
             to
             be
             present
             ,
             but
             shall
             not
             interpose
             ,
             unless
             their
             Opinions
             be
             required
             ,
             nor
             have
             any
             Vote
             at
             all
             ;
             but
             their
             Business
             shall
             be
             ,
             by
             the
             direction
             of
             the
             respective
             Coures
             ,
             to
             prepare
             such
             Business
             as
             shall
             be
             committed
             to
             them
             ;
             as
             also
             to
             bear
             such
             Offices
             ,
             and
             dispatch
             such
             Affairs
             ,
             either
             where
             the
             Court
             is
             kept
             ,
             or
             elsewhere
             ,
             as
             the
             Court
             shall
             think
             fit
             .
          
        
         
           
             §.
             49
          
           
             In
             all
             the
             
               Proprietors
               Courts
            
             ,
             the
             Proprietor
             ,
             and
             any
             three
             of
             his
             Councellors
             shall
             make
             a
             Quorum
             ;
             Provided
             always
             ,
             that
             for
             the
             better
             dispatch
             of
             Business
             ,
             it
             shall
             be
             in
             the
             power
             of
             the
             
             Palatine's
             Court
             to
             direct
             what
             sort
             of
             Causes
             shall
             be
             Heard
             and
             Determined
             by
             a
             Quorum
             of
             any
             three
             .
          
        
         
           
             §.
             50
          
           
             The
             
               Grand
               Council
            
             shall
             consist
             of
             the
             Palatine
             and
             seven
             Proprietors
             ,
             and
             the
             forty
             two
             Councellors
             of
             the
             several
             
               Proprietors
               Courts
            
             ,
             who
             shall
             have
             power
             to
             Determine
             any
             Controversies
             that
             may
             arise
             between
             any
             of
             the
             
               Proprietors
               Courts
            
             ,
             about
             their
             respective
             Iurisdictions
             ,
             or
             between
             the
             Members
             of
             the
             same
             Court
             ,
             about
             their
             Manner
             and
             Methods
             of
             Proceeding
             :
             To
             make
             Peace
             and
             
               War
               ,
               Leagues
               ,
               Treaties
            
             ,
             &c.
             with
             any
             of
             the
             neighbor
             Indians
             :
             To
             Issue
             out
             their
             general
             Orders
             to
             the
             
             Constable's
             and
             
             Admiral
             's
             Courts
             ,
             for
             the
             Raising
             ,
             Disposing
             ,
             or
             Disbanding
             the
             Forces
             by
             Land
             or
             by
             Sea.
             
          
        
         
           
             §.
             51
          
           
             The
             
               Grand
               Council
            
             shall
             prepare
             all
             Matters
             to
             be
             proposed
             in
             Parliament
             .
             Nor
             shall
             any
             Matter
             whatsoever
             be
             proposed
             in
             Parliament
             ,
             but
             what
             hath
             first
             passed
             the
             
               Grand
               Council
            
             ;
             which
             
             after
             having
             been
             read
             three
             several
             Days
             in
             the
             Parliament
             ,
             shall
             by
             majority
             of
             Votes
             be
             Passed
             or
             rejected
             .
          
        
         
           
             §.
             52
          
           
             The
             
               Grand
               Council
            
             shall
             always
             be
             Judges
             of
             all
             Causes
             and
             Appeals
             that
             concern
             the
             Palatine
             ,
             or
             any
             of
             the
             
               Lords
               Proprietors
            
             ,
             or
             any
             Councellor
             of
             any
             
               Proprietors
               Court
            
             ,
             in
             any
             Cause
             which
             otherwise
             should
             have
             been
             Tried
             in
             the
             Court
             in
             which
             the
             said
             Councellor
             is
             Judge
             himself
             .
          
        
         
           
             §.
             53
          
           
             The
             
               Grand
               Council
            
             by
             their
             Warrants
             to
             the
             
             Treasurer's
             Court
             ,
             shall
             dispose
             of
             all
             the
             Money
             given
             by
             the
             Parliament
             ,
             and
             by
             them
             directed
             to
             any
             particular
             publick
             Use.
             
          
        
         
           
             §.
             54
          
           
             The
             Quorum
             of
             the
             
               Grand
               Council
            
             shall
             be
             thirteen
             ,
             whereof
             a
             Proprietor
             or
             his
             Deputy
             shall
             be
             always
             one
             .
          
        
         
           
             §.
             55
          
           
             The
             
               Grand
               Council
            
             shall
             meet
             the
             first
             Tuesday
             in
             every
             Month
             ,
             and
             as
             much
             oftner
             as
             either
             they
             shall
             think
             fit
             ,
             or
             they
             shall
             be
             Convocated
             by
             the
             
             Chamberlain's
             Court.
             
          
        
         
           
             §.
             56
          
           
             The
             Palatine
             ,
             or
             any
             of
             the
             
               Lords
               Proprietors
            
             ,
             shall
             have
             power
             under
             Hand
             and
             Seal
             ,
             to
             be
             Registred
             in
             the
             
               Grand
               Council
            
             to
             make
             a
             Deputy
             ,
             who
             shall
             have
             the
             same
             power
             to
             all
             intents
             and
             purposes
             as
             he
             himself
             who
             deputes
             him
             ,
             except
             in
             confirming
             Acts
             of
             Parliament
             ,
             as
             in
             §
             .
             76.
             and
             except
             also
             in
             nominating
             and
             chusing
             Landgraves
             and
             Cassiques
             ,
             as
             in
             §
             .
             10.
             
             All
             such
             Deputations
             shall
             cease
             and
             determine
             at
             the
             end
             of
             four
             Years
             ,
             and
             at
             any
             time
             shall
             be
             revocable
             at
             the
             pleasure
             of
             the
             Deputator
             .
          
        
         
           
             §.
             57
          
           
             No
             Deputy
             of
             any
             Proprietor
             shall
             have
             any
             power
             whilst
             the
             Deputator
             is
             in
             any
             part
             of
             Carolina
             ,
             except
             the
             Proprietor
             whose
             Deputy
             he
             is
             ,
             be
             a
             Minor.
             
          
        
         
           
             §.
             58
          
           
             During
             the
             Minority
             of
             any
             Proprietor
             ,
             his
             Guardian
             shall
             have
             power
             to
             Constitute
             and
             appoint
             his
             Deputy
             .
          
        
         
           
             §.
             59
          
           
             The
             eldest
             of
             the
             
               Lords
               Proprietors
            
             who
             shall
             be
             personally
             in
             Carolina
             ,
             shall
             of
             course
             be
             the
             
             Palatine's
             Deputy
             ;
             and
             if
             no
             Proprietor
             
             be
             in
             Carolina
             ,
             he
             shall
             chuse
             his
             Deputy
             out
             of
             the
             
               Heirs
               Apparent
            
             of
             any
             of
             the
             Proprietors
             ,
             if
             any
             such
             be
             there
             ;
             and
             if
             there
             be
             no
             
               Heir
               Apparent
            
             of
             any
             of
             the
             
               Lords
               Proprietors
            
             above
             one
             and
             twenty
             Years
             old
             in
             Carolinia
             ,
             then
             he
             shall
             chuse
             for
             Deputy
             any
             one
             of
             the
             Landgraves
             of
             the
             
               Grand
               Council
            
             ;
             and
             till
             he
             have
             by
             Deputation
             under
             Hand
             and
             Seal
             chosen
             any
             one
             of
             the
             forementioned
             
               Heirs
               Apparent
            
             or
             Landgraves
             to
             be
             his
             Deputy
             ,
             the
             eldest
             Man
             of
             the
             Landgraves
             ,
             and
             for
             want
             of
             a
             Landgrave
             ,
             the
             eldest
             Man
             of
             the
             Cassiques
             who
             shall
             be
             personally
             in
             Carolina
             ,
             shall
             of
             course
             be
             his
             Deputy
             .
          
        
         
           
             §.
             60
          
           
             Each
             
             Proprietor's
             Deputy
             shall
             be
             always
             one
             of
             his
             own
             six
             Councellors
             respectively
             ;
             and
             in
             case
             any
             of
             the
             Proprietors
             hath
             not
             in
             his
             absence
             out
             of
             Carolina
             a
             Deputy
             ,
             Commissioned
             under
             his
             Hand
             and
             Seal
             ,
             the
             eldest
             Nobleman
             of
             his
             Court
             shall
             of
             courst
             be
             his
             Deputy
             .
          
        
         
           
             §.
             61
          
           
             In
             every
             County
             there
             shall
             be
             a
             Court
             ,
             consisting
             of
             a
             Sheriff
             and
             four
             Iustices
             of
             the
             County
             ,
             for
             every
             Precinct
             one
             .
             The
             Sheriff
             shall
             be
             an
             Inhabitant
             of
             the
             County
             ,
             and
             have
             at
             least
             five
             hundred
             Acres
             of
             Freehold
             within
             the
             said
             County
             ;
             and
             the
             Iustices
             shall
             be
             Inhabitants
             ,
             and
             have
             each
             of
             them
             five
             hundred
             Acres
             apiece
             Freehold
             within
             the
             Precinct
             for
             which
             they
             serve
             respectively
             .
             These
             five
             shall
             be
             chosen
             and
             Commissioned
             from
             time
             to
             time
             by
             the
             
             Palatine's
             Court.
             
          
        
         
           
             §.
             62
          
           
             For
             any
             
               Personal
               Causes
            
             exceeding
             the
             value
             of
             two
             hundred
             Pounds
             Sterling
             ,
             or
             in
             Title
             of
             Land
             ,
             or
             in
             any
             
               Criminal
               Cause
            
             ,
             either
             Party
             upon
             paying
             twenty
             Pounds
             Sterling
             to
             the
             
               Lords
               Proprietors
            
             use
             ,
             shall
             have
             liberty
             of
             Appeal
             from
             the
             
               County
               Court
            
             unto
             the
             respective
             
             Proprietor's
             Court.
             
          
        
         
           
             §.
             63
          
           
             In
             every
             Precinct
             there
             shall
             be
             a
             Court
             ,
             consisting
             of
             a
             Steward
             and
             four
             Iustices
             of
             the
             Precinct
             ,
             being
             Inhabitants
             ,
             and
             having
             three
             hundred
             Acres
             of
             Freehold
             within
             the
             said
             Precinct
             ,
             who
             shall
             Judge
             all
             
               Criminal
               Causes
            
             ,
             except
             for
             
               Treason
               ,
               Murther
            
             ,
             and
             any
             other
             Offences
             punishable
             with
             Death
             ,
             and
             except
             all
             
               Criminal
               Causes
            
             of
             the
             Nobility
             ;
             and
             shall
             Judge
             also
             all
             
               Civil
               Causes
            
             whatsoever
             ;
             
             and
             in
             all
             personal
             Actions
             ,
             not
             exceeding
             fifty
             Pounds
             Sterling
             ,
             without
             Appeal
             :
             But
             where
             the
             Cause
             shall
             exceed
             that
             value
             ,
             or
             concern
             a
             Title
             of
             Land
             ,
             and
             in
             all
             
               Criminal
               Causes
            
             ,
             there
             either
             Party
             ,
             upon
             paying
             five
             Pounds
             Sterling
             to
             the
             
               Lords
               Proprietors
            
             ,
             use
             ,
             shall
             have
             liberty
             of
             Appeal
             to
             the
             
               County
               Court.
            
             
          
        
         
           
             §.
             64
          
           
             No
             Cause
             shall
             be
             
               twice
               Tried
            
             in
             any
             one
             Court
             ,
             upon
             any
             reason
             or
             pretence
             whatsoever
             .
          
        
         
           
             §.
             65
          
           
             For
             
               Treason
               ,
               Murther
            
             ,
             and
             all
             other
             Offences
             punishable
             with
             Death
             ,
             there
             shall
             be
             a
             Commission
             ,
             twice
             ayear
             at
             least
             ,
             granted
             unto
             one
             ,
             or
             more
             Members
             of
             the
             
               Grand
               Council
            
             or
             Colledges
             ,
             who
             shall
             come
             as
             itinerant
             Judges
             to
             the
             several
             Counties
             ,
             and
             with
             the
             Sheriff
             and
             four
             Iustices
             shall
             hold
             Assizes
             to
             Judge
             all
             such
             Causes
             :
             But
             upon
             paying
             of
             fifty
             Pounds
             Sterling
             to
             the
             
               Lords
               Proprietors
            
             use
             ,
             there
             shall
             be
             liberty
             of
             Appeal
             to
             the
             respective
             
             Proprietor's
             Court.
             
          
        
         
           
             §.
             66
          
           
             The
             
               Grand
               Iury
            
             at
             the
             several
             Assizes
             ,
             shall
             upon
             their
             Oaths
             ,
             and
             under
             their
             Hands
             and
             Seals
             ,
             deliver
             in
             to
             the
             itinerant
             Judges
             ,
             a
             Presentment
             of
             such
             
               Grievances
               ,
               Misdemeanors
               ,
               Exigences
            
             .
             or
             Defects
             ,
             which
             they
             think
             necessary
             for
             the
             publick
             good
             of
             the
             County
             ;
             which
             Presentment
             shall
             by
             the
             
               itinerant
               Iudges
            
             ,
             at
             the
             end
             of
             their
             Circuit
             ,
             be
             delivered
             in
             to
             the
             
               Grand
               Council
            
             at
             their
             next
             Sitting
             .
             And
             whatsoever
             therein
             concerns
             the
             Execution
             of
             Laws
             already
             made
             ,
             the
             several
             
               Proprietors
               Courts
            
             in
             the
             Matrers
             belonging
             to
             each
             of
             them
             respectively
             shall
             take
             Cognizance
             of
             it
             ,
             and
             give
             such
             order
             about
             it
             ,
             as
             shall
             be
             effectual
             for
             the
             due
             Execution
             of
             the
             Laws
             .
             But
             whatever
             concerns
             the
             making
             of
             any
             new
             Law
             ,
             shall
             be
             referred
             to
             the
             several
             respective
             Courts
             to
             which
             that
             Matter
             belongs
             ,
             and
             be
             by
             them
             prepared
             and
             brought
             to
             the
             
               Grand
               Council
            
             .
          
        
         
           
             §.
             67
          
           
             For
             Terms
             ,
             there
             shall
             be
             Quarterly
             such
             a
             certain
             number
             of
             Days
             ,
             nor
             exceeding
             one
             and
             twenty
             at
             any
             one
             time
             ,
             as
             the
             several
             respective
             Courts
             shall
             appoint
             .
             The
             time
             for
             the
             beginning
             of
             the
             Term
             in
             the
             
               Precinct
               Court
            
             ,
             shall
             be
             the
             first
             Monday
             in
             
               Ianuary
               ,
               April
               ,
               Iuly
            
             ,
             and
             October
             ;
             in
             the
             
               County
               Court
            
             ,
             the
             first
             Monday
             
             in
             
               February
               ,
               May
               ,
               August
            
             ,
             and
             November
             ;
             and
             in
             the
             
               Proprietors
               Courts
            
             ,
             the
             first
             Monday
             in
             
               March
               ,
               Iune
               ,
               September
            
             ,
             and
             December
             .
          
        
         
           
             §.
             68
          
           
             In
             the
             
               Precinct
               Court
            
             no
             Man
             shall
             be
             a
             Iury-man
             under
             fifty
             Acres
             of
             Freehold
             .
             In
             the
             
               County
               Court
            
             ,
             or
             at
             the
             Assizes
             ,
             no
             Man
             shall
             be
             a
             
               Grand
               Iury-man
            
             under
             three
             hundred
             Acres
             of
             Freehold
             ;
             and
             no
             Man
             shall
             be
             a
             
               Petty
               Iury-man
            
             under
             two
             hundred
             Acres
             of
             Freehold
             .
             In
             the
             
               Proprietors
               Courts
            
             no
             Man
             shall
             be
             a
             Iury-man
             under
             five
             hundred
             Acres
             of
             Freehold
             .
          
        
         
           
             §.
             69
          
           
             Every
             Iury
             shall
             consist
             of
             twelve
             Men
             ;
             and
             it
             shall
             not
             be
             necessary
             they
             should
             all
             agree
             ,
             but
             the
             Verdict
             shall
             be
             according
             to
             the
             Consent
             of
             the
             Majority
             .
          
        
         
           
             §.
             70
          
           
             It
             shall
             be
             a
             base
             and
             vile
             thing
             to
             Plead
             for
             Money
             or
             Reward
             ;
             nor
             shall
             any
             one
             (
             except
             he
             be
             a
             near
             Kinsman
             ,
             not
             farther
             off
             than
             Cosin-german
             to
             the
             Party
             concerned
             )
             be
             permitted
             to
             Plead
             another
             Man's
             Cause
             ,
             till
             before
             the
             Iudge
             in
             open
             Court
             he
             hath
             taken
             an
             Oath
             ,
             that
             he
             doth
             not
             Plead
             for
             Money
             or
             Reward
             ,
             nor
             hath
             nor
             will
             receive
             ,
             nor
             directly
             nor
             indirectly
             Bargained
             with
             the
             Party
             whose
             Cause
             he
             is
             going
             to
             Plead
             ,
             for
             Money
             ,
             or
             any
             other
             Reward
             for
             Pleading
             his
             Cause
             .
          
        
         
           
             §.
             71
          
           
             There
             shall
             be
             a
             Parliament
             ,
             consisting
             of
             the
             Proprietors
             or
             their
             Deputies
             ,
             the
             Landgraves
             and
             Cassiques
             ,
             and
             one
             Freeholder
             out
             of
             every
             Precinct
             ,
             to
             be
             chosen
             by
             the
             Freeholders
             of
             the
             said
             Preciuct
             respectively
             .
             They
             shall
             Sit
             altogether
             in
             one
             Room
             ,
             and
             have
             every
             Member
             one
             Vote
             .
          
        
         
           
             §.
             72
          
           
             No
             Man
             shall
             be
             chosen
             a
             Member
             of
             Parliament
             ,
             who
             hath
             less
             than
             five
             hundred
             Acres
             of
             Freehold
             within
             the
             Precinct
             for
             which
             he
             is
             chosen
             ;
             nor
             shall
             any
             have
             a
             Vote
             in
             chusing
             the
             said
             Member
             that
             hath
             less
             than
             fifty
             Acres
             of
             Freehold
             within
             the
             said
             Precinct
             .
          
        
         
           
             §.
             73
          
           
             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
             
             
             Palatine's
             Court
             they
             be
             Summoned
             to
             meet
             at
             any
             other
             Place
             .
             And
             if
             there
             shall
             be
             any
             occasion
             of
             a
             Parliament
             in
             these
             Intervals
             ,
             it
             shall
             be
             in
             the
             power
             of
             the
             
             Palatine's
             Court
             to
             Assemble
             them
             in
             forty
             Days
             notice
             ,
             and
             at
             such
             Time
             and
             Place
             as
             the
             said
             Court
             shall
             think
             fit
             ;
             and
             the
             
             Palatine's
             Court
             shall
             have
             power
             to
             Dissolve
             the
             said
             Parliment
             when
             they
             shall
             think
             fit
             .
          
        
         
           
             §.
             74
          
           
             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
             Proprietors
             ,
             and
             the
             rest
             of
             the
             Members
             then
             present
             ,
             shall
             Subscribe
             .
             Nor
             shall
             any
             Person
             whatsover
             Sit
             or
             Vote
             in
             the
             Parliament
             ,
             till
             he
             hath
             that
             Session
             Subscribed
             these
             FUNDAMENTAL
             CONSTITUTIONS
             ,
             in
             a
             Book
             kept
             for
             that
             purpose
             by
             the
             Clerk
             of
             the
             Parliament
             .
          
        
         
           
             §.
             75
          
           
             In
             order
             to
             the
             due
             Election
             of
             Members
             for
             the
             
               Biennial
               Parliament
            
             ,
             it
             shall
             be
             lawful
             for
             the
             Freeholders
             of
             the
             respective
             Precincts
             to
             meet
             the
             first
             Tuesday
             in
             September
             every
             two
             Years
             ,
             in
             the
             same
             Town
             or
             place
             that
             they
             last
             met
             in
             to
             chuse
             Parliament-men
             ,
             and
             there
             chuse
             those
             Members
             that
             are
             to
             Sit
             the
             next
             November
             following
             ,
             unless
             the
             Steward
             of
             the
             Precinct
             shall
             by
             sufficient
             notice
             thirty
             Days
             before
             ,
             appoint
             some
             other
             Place
             for
             their
             Meeting
             ,
             in
             order
             to
             the
             Election
             .
          
        
         
           
             §.
             76
          
           
             No
             Act
             or
             Order
             of
             Parliament
             shall
             be
             of
             any
             force
             ,
             unless
             it
             be
             Ratified
             in
             open
             Parliament
             during
             the
             same
             Session
             ,
             by
             the
             Palatine
             or
             his
             Deputy
             ,
             and
             three
             more
             of
             the
             
               Lords
               Proprietors
            
             and
             their
             Deputies
             ,
             and
             then
             not
             to
             continue
             longer
             in
             force
             but
             until
             the
             next
             
               Biennial
               Parliament
            
             ,
             unless
             in
             the
             mean
             time
             it
             be
             Ratified
             under
             the
             Hands
             and
             Seals
             of
             the
             Palatine
             himself
             ,
             and
             three
             more
             of
             the
             
               Lords
               Proprietors
            
             themselves
             ,
             and
             by
             their
             Order
             publish'd
             at
             the
             next
             
               Bieunial
               Parliament
            
             .
          
        
         
           
             §.
             77
          
           
             Any
             Properietor
             or
             his
             Deputy
             may
             Enter
             his
             Protestation
             against
             any
             Act
             of
             the
             Parliament
             ,
             before
             the
             Palatine
             or
             his
             
             Deputy's
             Consent
             be
             given
             as
             aforesaid
             ,
             if
             he
             shall
             conceive
             the
             said
             Act
             to
             be
             contrary
             to
             this
             Establishment
             ,
             or
             any
             of
             these
             FUNDAMENTAL
             
             CONSTITUTIONS
             of
             the
             Government
             .
             And
             in
             such
             case
             after
             a
             full
             and
             free
             Debate
             ,
             the
             several
             Estates
             shall
             retire
             into
             four
             several
             Chambers
             ,
             the
             Palatine
             and
             Proprietors
             into
             one
             ,
             the
             Landgraves
             into
             another
             ,
             the
             Cassiques
             into
             another
             ,
             and
             those
             chosen
             by
             the
             Precincts
             into
             a
             fourth
             ;
             and
             if
             the
             major
             part
             of
             any
             of
             the
             four
             Estates
             shall
             Vote
             that
             the
             Law
             is
             not
             agreeable
             to
             this
             Establishment
             ,
             and
             these
             FUNDAMENTAL
             CONSTITUTIONS
             of
             the
             Government
             ,
             then
             it
             shall
             pass
             no
             farther
             ,
             but
             be
             as
             if
             it
             had
             never
             been
             proposed
             .
          
        
         
           
             §.
             78
          
           
             The
             Quorum
             of
             the
             Parliament
             shall
             be
             one
             half
             of
             those
             who
             are
             Members
             ,
             and
             capable
             of
             Sitting
             in
             the
             House
             that
             present
             Session
             of
             Parliament
             .
             The
             Quorum
             of
             each
             of
             the
             Chambers
             of
             Parliament
             ,
             shall
             be
             one
             half
             of
             the
             Members
             of
             that
             Chamber
             .
          
        
         
           
             §.
             79
          
           
             To
             avoid
             multiplicity
             of
             Laws
             ,
             which
             by
             degrees
             always
             change
             the
             right
             Foundations
             of
             the
             original
             Government
             ,
             all
             Acts
             of
             Parliament
             whatsoever
             ,
             in
             whatsoever
             Form
             Passed
             or
             Enacted
             ,
             shall
             at
             the
             end
             of
             a
             hundred
             Years
             after
             their
             Enacting
             ,
             respectively
             cease
             and
             determine
             of
             themselves
             ,
             and
             without
             any
             Repeal
             become
             null
             and
             void
             ,
             as
             if
             no
             such
             Acts
             or
             Laws
             had
             ever
             been
             made
             .
          
        
         
           
             §.
             80
          
           
             Since
             multiplicity
             of
             Comments
             ,
             as
             well
             as
             of
             Laws
             ,
             have
             great
             inconveniences
             ,
             and
             serve
             onely
             to
             obscure
             and
             perplex
             .
             All
             manner
             of
             Comments
             and
             Expositions
             on
             any
             part
             of
             these
             FUNDAMENTAL
             CONSTITUTIONS
             ,
             or
             any
             part
             of
             the
             Common
             or
             
               Statute
               Law
            
             of
             Carolina
             ,
             are
             absolutely
             Prohibited
             .
          
        
         
           
             §.
             81
          
           
             There
             shall
             be
             a
             Registry
             in
             every
             Precinct
             ,
             wherein
             shall
             be
             Enrolled
             all
             
               Deeds
               ,
               Leases
               ,
               Iudgments
               ,
               Mortgages
               ,
            
             and
             other
             Conveyances
             ,
             which
             may
             concern
             any
             of
             the
             Land
             within
             the
             said
             Precinct
             ;
             and
             all
             such
             Conveyances
             not
             so
             Entred
             or
             Registred
             ,
             shall
             not
             be
             of
             force
             against
             any
             Person
             nor
             Party
             to
             the
             said
             Contract
             or
             Conveyance
             .
          
        
         
           
             §.
             82
          
           
             No
             Man
             shall
             be
             Register
             of
             any
             Precinct
             ,
             who
             hath
             not
             at
             least
             three
             hundred
             Acres
             of
             Freehold
             within
             the
             said
             Precinct
             .
          
        
         
           
           
             §.
             83
          
           
             The
             Freeholders
             of
             every
             Precinct
             shall
             nominate
             three
             Men
             ,
             out
             of
             which
             three
             the
             Chief
             Iustice's
             Court
             shall
             chuse
             and
             Commission
             one
             to
             be
             Register
             of
             the
             said
             Precinct
             ,
             whilst
             he
             shall
             well
             behave
             himself
             .
          
        
         
           
             §.
             84
          
           
             There
             shall
             be
             a
             Registry
             in
             every
             
               Signiory
               ,
               Barony
            
             ,
             and
             Colony
             ,
             wherein
             shall
             be
             Recorded
             all
             the
             
               Births
               ,
               Marriages
            
             ,
             and
             Deaths
             ,
             that
             shall
             happen
             within
             the
             respective
             
               Signiories
               ,
               Baronies
            
             ,
             and
             Colonies
             .
          
        
         
           
             §.
             85
          
           
             No
             Man
             shall
             be
             Register
             of
             a
             Colony
             that
             hath
             not
             above
             fifty
             Acres
             of
             Freehold
             within
             the
             said
             Colony
             .
          
        
         
           
             §.
             86
          
           
             The
             time
             of
             every
             ones
             Age
             that
             is
             born
             in
             Carolina
             ,
             shall
             be
             reckoned
             from
             the
             Day
             that
             his
             Birth
             is
             Entred
             in
             the
             Registry
             ,
             and
             not
             before
             .
          
        
         
           
             §.
             87
          
           
             No
             Marriage
             shall
             be
             lawful
             ,
             whatever
             ,
             Contract
             and
             Ceremony
             they
             have
             used
             ,
             till
             both
             the
             Parties
             mutually
             own
             it
             before
             the
             Register
             of
             the
             Place
             where
             they
             were
             Married
             ,
             and
             he
             Register
             it
             ,
             with
             the
             Names
             of
             the
             Father
             and
             Mother
             of
             each
             Party
             .
          
        
         
           
             §.
             88
          
           
             No
             Man
             shall
             Administer
             to
             the
             Goods
             ,
             or
             have
             right
             to
             them
             ,
             or
             enter
             upon
             the
             Estate
             of
             any
             Person
             deceased
             ,
             till
             his
             Death
             be
             Registred
             in
             the
             respective
             Registry
             .
          
        
         
           
             §.
             89
          
           
             He
             that
             doth
             not
             Enter
             in
             the
             respective
             Registry
             ,
             the
             Birth
             or
             Death
             of
             any
             Person
             that
             is
             born
             or
             dies
             in
             his
             House
             or
             Ground
             ,
             shall
             pay
             to
             the
             said
             Register
             one
             Shilling
             per
             Week
             for
             each
             such
             Neglect
             ,
             reckoning
             from
             the
             time
             of
             each
             Birth
             or
             Death
             respectively
             ,
             to
             the
             time
             of
             Registring
             it
             .
          
        
         
           
             §.
             90
          
           
             In
             like
             manner
             the
             
               Births
               ,
               Marriages
            
             ,
             and
             Deaths
             of
             the
             
               Lords
               Proprietors
               ,
               Landgraves
            
             ,
             and
             Cassiques
             ,
             shall
             be
             Registred
             in
             the
             
             Chamberlain's
             Court.
             
          
        
         
           
           
             §.
             91
          
           
             There
             shall
             be
             in
             every
             Colony
             one
             Constable
             ,
             to
             be
             chosen
             annually
             by
             the
             Freeholders
             of
             the
             Colony
             :
             His
             Estate
             shall
             be
             above
             a
             hundred
             Acres
             of
             Freehold
             within
             the
             said
             Colony
             ,
             and
             such
             subordinate
             Officers
             appointed
             for
             his
             Assistance
             ,
             as
             the
             
               County
               Court
            
             shall
             find
             requisite
             ,
             and
             shall
             be
             established
             by
             the
             said
             
               County
               Court.
            
             The
             Election
             of
             the
             subordinate
             annual
             Officers
             shall
             be
             also
             in
             the
             Freeholdres
             of
             the
             Colony
             .
          
        
         
           
             §.
             92
          
           
             All
             
               Towns
               Incorporate
            
             shall
             be
             Governed
             by
             a
             Mayor
             ,
             twelve
             Aldermen
             ,
             and
             twenty
             four
             of
             the
             Common-Council
             .
             The
             said
             Common-Council
             shall
             be
             chosen
             by
             the
             present
             Housholders
             of
             the
             said
             Town
             ;
             the
             Aldermen
             shall
             be
             chosen
             out
             of
             the
             Common-Council
             ,
             and
             the
             Mayor
             out
             of
             the
             Aldermen
             by
             the
             
             Palatine's
             Court.
             
          
        
         
           
             §.
             93
          
           
             It
             being
             of
             great
             consequence
             to
             the
             Plantation
             ,
             that
             Port-Towns
             should
             be
             built
             and
             preserved
             ;
             Therefore
             whosoever
             shall
             lade
             or
             unlade
             any
             Commodity
             at
             any
             other
             Place
             but
             a
             Port-Town
             ,
             shall
             forfeit
             to
             the
             
               Lords
               Proprietors
            
             for
             each
             Tun
             so
             laden
             or
             unladen
             ,
             the
             Sum
             of
             ten
             Pounds
             Sterling
             ,
             except
             onely
             such
             Goods
             as
             the
             
             Palatine's
             Court
             shall
             Licence
             to
             be
             laden
             or
             unladen
             elsewhere
             .
          
        
         
           
             §.
             94
          
           
             The
             first
             Port-Town
             upon
             every
             River
             ,
             shall
             be
             in
             a
             Colony
             ,
             and
             be
             a
             Port-Town
             for
             ever
             .
          
        
         
           
             §.
             95
          
           
             No
             Man
             shall
             be
             permitted
             to
             be
             a
             Freeman
             of
             Carolina
             ,
             or
             to
             have
             any
             Estate
             or
             Habitation
             within
             it
             ,
             that
             doth
             not
             acknowledge
             a
             GOD
             ,
             and
             that
             GOD
             is
             publickly
             and
             solemnly
             to
             be
             Worshipped
             .
          
        
         
           
             §.
             96
          
           
             As
             the
             Countrey
             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
             onely
             true
             and
             Orthodox
             ,
             and
             the
             National
             Religion
             of
             all
             the
             King's
             Dominions
             ,
             is
             so
             also
             of
             Carolina
             ,
             and
             therefore
             it
             alone
             shall
             be
             allowed
             to
             receive
             publick
             Maintenance
             by
             Grant
             of
             Parliament
             .
          
        
         
           
           
             §.
             97
          
           
             But
             since
             the
             Natives
             of
             that
             Place
             ,
             who
             will
             be
             concerned
             in
             our
             Plantation
             ,
             are
             utterly
             Strangers
             to
             Christianity
             ,
             whose
             Idolatry
             ,
             Ignorance
             ,
             or
             Mistake
             ,
             gives
             us
             no
             right
             to
             expel
             ,
             or
             use
             them
             ill
             ;
             and
             those
             who
             remove
             from
             other
             Parts
             to
             Plant
             there
             ,
             will
             unavoidably
             be
             of
             different
             Opinions
             concerning
             Matters
             of
             Religion
             ,
             the
             liberty
             whereof
             they
             will
             expect
             to
             have
             allowed
             them
             ,
             and
             it
             will
             not
             be
             reasonable
             for
             us
             on
             this
             account
             to
             keep
             them
             out
             ;
             that
             
               Civil
               Peace
            
             may
             be
             maintained
             amidst
             the
             diversity
             of
             Opinions
             ,
             and
             our
             Agreement
             and
             Compact
             with
             all
             Men
             may
             be
             duly
             and
             faithfully
             observed
             ,
             the
             violation
             whereof
             upon
             what
             pretence
             soever
             ,
             cannot
             be
             without
             great
             offence
             to
             
               Almighty
               God
            
             ,
             and
             great
             scandal
             to
             the
             true
             Religion
             which
             we
             profess
             ;
             and
             also
             that
             
               Iews
               ,
               Heathens
            
             ,
             and
             other
             Dissenters
             from
             the
             purity
             of
             
               Christian
               Religion
            
             ,
             may
             not
             be
             scared
             and
             kept
             at
             a
             distance
             from
             it
             ,
             but
             by
             having
             an
             opportunity
             of
             acquainting
             themselves
             with
             the
             truth
             and
             reasonableness
             of
             its
             Doctrines
             ,
             and
             the
             peaceableness
             and
             inoffensiveness
             of
             its
             Professors
             ,
             may
             by
             
               good
               usage
            
             and
             perswasion
             ,
             and
             all
             those
             convincing
             Methods
             of
             gentleness
             and
             meekness
             ,
             suitable
             to
             the
             Rules
             and
             Design
             of
             the
             Gospel
             ,
             be
             won
             over
             to
             embrace
             ,
             and
             unfeignedly
             receive
             the
             Truth
             ;
             Therefore
             any
             seven
             ,
             or
             more
             Persons
             agreeing
             in
             any
             Religion
             ,
             shall
             Constitute
             a
             Church
             or
             Prefession
             ,
             to
             which
             they
             shall
             give
             some
             Name
             ,
             to
             distinguish
             it
             from
             others
             .
          
        
         
           
             §.
             98
          
           
             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
             Book
             shall
             be
             kept
             by
             the
             publick
             Register
             of
             the
             Precinct
             where
             they
             reside
             .
          
        
         
           
             §.
             99
          
           
             The
             Time
             of
             every
             ones
             Subscription
             and
             Admittance
             ,
             shall
             be
             Dated
             in
             the
             said
             Book
             or
             
               religious
               Record
            
             .
          
        
         
           
             §.
             100
          
           
             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
               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
             Honor
             ,
             who
             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
             any
             other
             Church
             or
             Profession
             shall
             disturb
             or
             molest
             any
             
               religious
               Assembly
            
             .
          
        
         
           
             §.
             103
          
           
             No
             Person
             whatsoever
             shall
             speak
             any
             thing
             in
             their
             
               religious
               Assembly
            
             ,
             irreverently
             or
             seditiously
             of
             the
             Government
             or
             Governors
             ,
             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
             Judicatnre
             ,
             without
             a
             Iury
             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
             Peny
             ,
             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
               ,
               Mincrals
               ,
               Quarries
            
             of
             Germms
             ,
             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
               Pooprietors
            
             ,
             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
             but
             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
               Concil
            
             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
             ;
             and
             will
             be
             true
             and
             faithful
             to
             the
             Palatine
             and
             
               Lords
               Proprietors
            
             of
             Carolina
             ,
             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
               Registers
            
             
             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.
               
            
          
        
      
       
         FINIS
         .
      
    
     
  

