SOUTH CAROLINA.

As Compiled By Mr. JOHN LOCKE.

Our Sovereign Lord The King having, out of his royal grace and bounty,

granted unto us the province of CAROLINA, with all the royalties,

properties, jurisdictions and privileges of a county palatine, as large

and ample as the county palatine of Durham, with other great privileges;

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 ourselves, our heirs and successors, in the

most binding ways that can be devised.

I. 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.

II. There shall be seven other chief offices erected, viz. the admirals,

chamberlains, chancellors, constables, chief justices, high stewards, and

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.

III. 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.

IV. Each signiory, barony, and colony, shall consist of twelve thousand

acres; the eight signiories 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 balance of the government may be preserved.

V. 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 proprietorship, and all the signiories,

powers, and interest, thereunto belonging, wholly and entirely 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 privileges thereunto

belonging, or any part thereof, to any person whatsoever otherwise than

as in Paragraph XVIII; 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

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

surviving proprietors, he and his heirs successively shall be

proprietors, as fully to all intents and purposes as any of the rest.

VI. That the number of eight proprietors may be constantly kept; if, upon

the vacancy of any proprietorship, 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 vacancy, shall have power to chuse any landgrave to be a

proprietor.

VII. Whosoever after the year one thousand seven hundred, either by

inheritance or choice, shall succeed 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.

VIII. 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.

IX. 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 settled upon,

the said dignity.

X. The first landgraves and cassiques of the twelve first counties 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 joint 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.

XI. 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 entirely together. But, after the year one thousand seven hundred, no

landgrave or cassique shall have power to alienate, sell, make over, or

let, the hereditary baronies of his dignity, or any part thereof,

therwise than as in Paragraph XVIII; but they shall all entirely, with

the dignity thereunto belonging, descend unto his heirs male; and, for

want of heirs male, all entirely and undivided, to the next heir general;

and, for want of such heirs, shall devolve into the hands of the Lords

Proprietors.

XII. That the due number of landgraves and cassiques may be always kept

up; if, upon the devolution of any land graveship 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.

XIII. 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, of 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 land 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.

XIV. Whosoever, by the 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.

XV. 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 the signiories or baronies annexed, there shall be

no co-heirs.

XVI. In every signiory, barony and manor, 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 leet-man of the said signiory, barony, or

manor, he, upon paying down of forty shillings to the Lords Proprietor's

use, shall have an appeal from the signiory or barony-court to the

county-court, and from the manor-court to the precinct-court.

XVII. Every manor shall consist of not less than three thousand acres,

and not above twelve thousand aces, 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 manor unless it be constituted a manor by the grant

of the Palatine's court.

XVIII. The lords of signiories and baronies shall have power only of

granting estates not exceeding three lives, or thirty-one years, in two

thirds of the said signiories or baronies, and the remaining third shall

be always demesne.

XIX. Any lord of a manor may alienate, sell, or dispose, to any other

person and his heirs for ever, his manor, all entirely together, with all

the privileges and leet-men thereunto belonging, so far forth as any

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.

XX. No manor, for want of issue male, shall he divided amongst co-heirs;

but the manor, if there be but one, shall all entirely descend to the

eldest daughter and her heirs. If there be more manors than one, the

eldest daughter first shall have her choice, the second next, and so on,

beginning again at the eldest, till all the manors be taken up; that so

the privileges which belong to manors being indivisible, the lands of the

manors, to which they are annexed, may be kept entire, and the manor not

lose those privileges, which, upon parceling out to several owners, must

necessarily cease.

XXI. Every lord of a manor, within his manor, shall have all the powers,

jurisdictions, and privileges, which a landgrave or cassique have in his

baronies.

XXII. In every signiory, barony, and manor, all the leet-men shall be

under the jurisdiction of the respective lords of the said signiory,

barony, or manor 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.

XXIII. All the children of leet-men shall be leet-men, and so to all

generations.

XXIV. No man shall be capable of having a court-leet, or leet-men, but a

proprietor, landgrave, cassique, or lord of a manor.

XXV. Whoever shall voluntarily enter himself a leet-man, in the registry

of the county-court, shall be a leet-man.

XXVI. 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.

XXVII. No landgrave or cassique shall be tried for any criminal cause in

any but the chief justice's court, and that by a jury of his peers.

XXVIII. 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 counsellors added to

him. Under each of these latter seven courts, shall be a college of

twelve assistants. The twelve assistants of the several colleges 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 cassique's 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 justices

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.

XXIX. Out of these colleges shall be chosen at first, by the Palatine's

court, six counsellors, to be joined with each proprietor in his court;

of which six, one shall be of those who were chosen in any of the

colleges 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.

XXX. When it shall happen that any counsellor dies, and thereby there is

a vacancy, the grand council shall have power to remove any counsellor

that is willing to be removed out of any of the proprietors 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

counsellor consent to be removed, or upon such remove, the last remaining

vacant place, in any of the proprietor's courts, shall be filled up by

the choice of the grand council, who shall have power to remove out of

any of the colleges, any assistant, who is of the same degree and choice

that counsellor was of, into whose vacant place he is to succeed. The

grand council also shall have power to remove any assistant, that is

willing, out of one college into another, provided he be of the same

degree and choice. But the last remaining vacant place in any college,

shall be filled up by the same choice, and out of the same degree of

persons the assistant was of, who is dead or removed. No place shall be

vacant in any proprietor's court above six months. No place shall be

vacant in any college longer than the next session of parliament.

XXXI. No man, being a member of the grand council, or of any of the seven

colleges, shall be turned out but for misdemeanour, 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.

XXXII. All elections in the parliament, in the several chambers of the

parliament, and in the grand council, shall be passed by balloting.

XXXIII. 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 proprietor's dispose, and to nominate and appoint Port Towns; and

also shall have power by their order to the treasurer to dispose of all

public treasure, excepting money granted by the parliament, and by them

directed to some particular public use; and also shall have a negative

upon all acts, orders, votes and judgments, of the grand council and the

parliament, except only as in Paragraphs VI. and XII.; and shall have all

the powers granted to the Lords Proprietors, by their patent from OUR

SOVEREIGN LORD THE KING, except in such things as are limited by these

FUNDAMENTAL CONSTITUTIONS.

XXXIV. 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.

XXXV. The chancellor's court, consisting of one of the proprietors, and

his six counsellors, who shall be called vice-chancellors, shall have

the custody of the seal of the palatine, 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 belong all

state matters, dispatches, and treaties with the neighbour Indians. To

this court also belong all invasions of the law, of liberty of

conscience, and all disturbances of the public peace, upon pretence of

religion, as also the licence of printing. The twelve assistants

belonging to this court shall be called recorders.

XXXVI. Whatever passes under the seal of the palatinate, shall be

registered in that proprietor's court, to which the matter therein

contained belongs.

XXXVII. 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.

XXXVIII. The chief justice's court, consisting of one of the proprietors

and his six counsellors, who shall be called justices of the bench, shall

judge all appeals in cases both civil and criminal, except all such cases

as shall be under the jurisdiction and cognizance of any other of the

proprietor's courts, which shall be tried in those courts respectively.

The government and regulation of the registries of writings and

contracts, shall belong to the jurisdiction of this court. The twelve

assistants of this court shall be called masters.

XXXIX. The constable's court, consisting of one of the proprietors and

his six counsellors, who shall be called marshals, shall order and

determine of all military affairs by land, and all land-forces, arms,

ammunition, artillery, garrisons, forts, &c. and whatever belongs unto

war. His twelve assistants shall be called lieutenant-generals.

XL. In time of actual war, the constable, while he is in the army, shall

be general of the army, and the six counsellors, 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.

XLI. The admiral's court, consisting of one of the proprietors, and his

six counsellors, 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 public 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.

XLII. In time of actual war, the admiral, whilst he is at sea, shall

command in chief, and his six counsellors, 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 proconsuls next to them.

XLIII. The treasurer's court, consisting of a proprietor and his his

counsellors, called under-treasurers, shall take care of all matters that

concern the public revenue and treasury. The twelve assistants shall be

called auditors.

XLIV. The high-steward's court, consisting of a proprietor and his six

counsellors, called comptrollers, shall have the care of all foreign and

domestic trade, manufactures, public buildings, work-houses, high-ways,

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

public 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

public building, or any new highway, or enlarge any old high-way, 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 public use. The damage the owner of such lands (on or through which

any such public things 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.

XLV. The chamberlain's court, consisting of a proprietor and his six

counsellors, called vice-chamberlains, shall have the care of all

ceremonies, precedency, heraldry, reception of public messengers,

pedigrees, 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.

XLVI. 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.

XLVII. 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 inferior courts respectively.

XLVIII. In all debates, hearings, or trials, in any of the proprietor's

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 courts, 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.

XLIX. In all the proprietors courts, the proprietor, and any three of his

counsellors, 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.

L. The grand council shall consist of the Palatine and seven proprietors,

and the forty-two counsellors 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 jurisdictions, 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

neighbour 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.

LI. 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.

LII. The grand council shall always be judges of all causes and appeals

that concern the Palatine, or any of the Lords Proprietors, or any

counsellor of any proprietor's court, in any cause, which otherwise

should have been tried in the court in which the said counsellor is judge

himself.

LIII. 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 public use.

LIV. The quorum of the grand council shall be thirteen, whereof a

proprietor or his deputy shall be always one.

LV. The grand council shall meet the first Tuesday in every month, and as

much oftener as either they shall think fit, or they shall be convocated

by the chamberlain's court.

LVI. The Palatine, or any of the Lords Proprietors, shall have power

under hand and seal, to be registered 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

Paragraph LXXVI, and except also in nominating and chusing landgraves and

cassiques, as in Paragraph X. 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.

LVII. 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.

LVIII. During the minority of any proprietor his guardian shall have

power to constitute and appoint his deputy.

LIX. 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 CAROLINA, 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.

LX. Each proprietor's deputy shall be always one of his own six

counsellors 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 course be his deputy.

LXI. In every county there shall be a court, consisting of a sheriff, and

four justices 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 justices shall be inhabitants,

and have each of them five hundred acres a-piece 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.

LXII. 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.

LXIII. In every precinct there shall be a court consisting of a steward

and four justices 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, murder, 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.

LXIV. No cause shall be twice tried in any one court, upon any reason or

pretence whatsoever.

LXV. For treason, murder, and all other offences punishable with death,

there shall be a commission, twice a year at least, granted onto one or

more members of the grand council or colleges, who shall come as

itinerant judges to the several counties, and with the sheriff and four

justices 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.

LXVI. The grand jury 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 public good of the county; which

presentments shall, by the itinerant judges, 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 matters 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.

LXVII. For terms, there shall be quarterly such a certain number of days,

not 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 January, April, July, 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,

June, September, and December.

LXVIII. In the precinct-court no man shall be a jury-man under fifty

acres of freehold. In the county-court, or at the assizes, no man shall

be a grand jury-man under three hundred acres of freehold; and no man

shall be a petty jury-man under two hundred acres of freehold. In the

proprietors courts no man shall be a jury-man under five hundred acres of

freehold.

LXIX. Every jury 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.

LXX. 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

cousin-german to the party concerned) be permitted to plead another man's

cause, till, before the judge 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.

LXXI. 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 precinct

respectively. They shall sit all together in one room, and have every

member one vote.

LXXII. 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 free-hold within the said precinct.

LXXIII. 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 parliament when they shall think

fit.

LXXIV. 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 whatsoever 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.

LXXV. 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.

LXXVI. No act or order of parliament shall be of any force, unless it he

ratified in open parliament during the same session, by the Palatine or

his deputy, and three more of the Lords Proprietors or 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 published at the next biennial parliament.

LXXVII. Any proprietor 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 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.

LXXVIII. The quorum of the parliament shall be one half of those who are

members, and capable of fitting 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.

LXXIX. 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 an

hundred years after their enacting, respectively cease and determine of

themselves, and without any repeal become null and void, as if no such

acts of laws had ever been made.

LXXX. Since multiplicity of comments, as well as of laws, have great

inconveniences, and serve only 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.

LXXXI. There shall be a registry in every precinct, wherein shall be

enrolled all deeds, leases, judgments, mortgages, and other conveyances,

which may concern any of the land within the said precinct; and all such

conveyances not so entered or registered, shall not be of force against

any person nor party to the said contract or conveyance.

LXXXII. No man shall be register of any precinct, who hath not at least

three hundred acres of freehold within the said precinct.

LXXXIII. The freeholders of every precinct shall nominate three men; out

of which three, the chief justice's court shall chuse and commission one

to be register of the said precinct, whilst he shall well behave himself.

LXXXIV. 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.

LXXXV. No man shall be register of a colony, that hath not above fifty

acres of freehold within the said colony.

LXXXVI. The time of every one's age, that is born in CAROLINA, shall be

reckoned from the day that his birth is entered in the registry, and not

before.

LXXXVII. 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.

LXXXVIII. 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

registered in the respective registry.

LXXXIX. 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 registering it.

XC. In like manner the births, marriages, and deaths of the Lords

Proprietors, Landgraves, and Cassiques, shall be registered in the

chamberlain's court.

XCI. 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 freeholders of the

colony.

XCII. 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.

XCIII. 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

Lord's Proprietors for each run so laden or unladen, the sum of ten

pounds sterling; except only such goods as the Palatine's court shall

license to be laden or unladen elsewhere.

XCIV. The first port-town upon every river shall be in a colony, and be a

port-town for ever.

XCV. 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 publicly and solemnly to be worshipped.

XCVI. [As the country 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 public maintenance of divines, to be

employed in the exercise of religion, according to the church of England;

which being the only 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 public maintenance, by grant of

parliament].[2]

[2] This article was not drawn up by Mr. LOCKE; but inserted by some of

the chief of the proprietors, against his judgment; as Mr. LOCKE

himself informed one of his friends, to whom he presented a copy of

these Constitutions.

XCVII. 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 Jews,

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 persuasion, 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 profession, to which they shall give some name, to

distinguish it from others.

XCVIII. 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 public register of the precinct where they reside.

XCIX. The time of every one's subscription and admittance shall be dated

in the said book of religious record.

C. 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:

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