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
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
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
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