Selected quad for the lemma: parliament_n
Text snippets containing the quad
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A48880
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The fundamental constitutions of Carolina; Constitution (1669)
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Locke, John, 1632-1704.
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1670
(1670)
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Wing L2743A; ESTC R221365
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16,616
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28
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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
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