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
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