The two charters granted by King Charles IId to the proprietors of Carolina with the first and last fundamental constitutions of that colony. Charter (1663) England and Wales. Sovereign (1660-1685 : Charles II) 1698 Approx. 164 KB of XML-encoded text transcribed from 32 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-01 (EEBO-TCP Phase 1). A32677 Wing C3622 ESTC R4148 12268928 ocm 12268928 58167 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A32677) Transcribed from: (Early English Books Online ; image set 58167) Images scanned from microfilm: (Early English books, 1641-1700 ; 176:31) The two charters granted by King Charles IId to the proprietors of Carolina with the first and last fundamental constitutions of that colony. Charter (1663) England and Wales. Sovereign (1660-1685 : Charles II) Locke, John, 1632-1704. Carolina (Colony). Charter (1665) Carolina (Colony). Constitution (1669) 60 p. Printed and are to be sold by Richard Parker ..., London : [1698] Date of publication from Wing. Reproduction of original in Huntington Library. The first charter granted by King Charles IId to the proprietors of Carolina (March 24, 1663) -- The second charter (June 30, 1665) -- The fundamental constitutions of Carolina (March 1, 1669; drawn up by John Locke) -- Copy of the fundamental constitutions of Carolina (April 11, 1698). Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. 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North Carolina -- History -- Colonial period, ca. 1600-1775 -- Constitution. South Carolina -- History -- Colonial period, ca. 1600-1775 -- Constitution. South Carolina -- History -- Colonial period, ca. 1600-1775 -- Charters. 2005-12 TCP Assigned for keying and markup 2006-04 SPi Global Keyed and coded from ProQuest page images 2006-06 John Latta Sampled and proofread 2006-06 John Latta Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion THE TWO CHARTERS Granted by King CHARLES IId . TO THE PROPRIETORS OF CAROLINA . With the First and Last FUNDAMENTAL CONSTITUTIONS OF THAT COLONY . LONDON : Printed , and are to be Sold by Richard Parker , at the Vnicorn , under the Piazza of the Royal Exchange . THE FIRST CHARTER Granted by King CHARLES IId . TO THE PROPRIETORS OF CAROLINA . CHARLES IId . by the Grace of God , &c. To all to whom these Presents shall come Greeting . Whereas , our right Trusty , and right well-beloved Cousins and Counsellors , Edward Earl of Clarendon , our high Chancellor of England , and George Duke of Albemarle , Master of our Horse , and Captain General of all our Forces ; our right Trusty and well-beloved William Lord Craven , John Lord Berkeley , our right Trusty , and well-beloved Counsellor , Anthony Lord Ashley , Chancellor of our Exchequer , Sir George Carterett Knight and Baronet , Vice-Chamberlain of our Houshold , and our Trusty and well-beloved , Sir William Berkeley Knight , and Sir John Colleton Knight and Baronet , being excited with a laudable and pious Zeal for the propagation of the Christian Faith , and the Enlargement of our Empire and Dominions , have humbly besought Leave of us by their Industry and Charge , to transport and make an ample Colony of our Subjects , Natives of our Kingdom of England , and elsewhere , within our Dominions , unto a certain Country , hereafter described , in the Parts of America not yet cultivated or planted , and only inhabited by some barbarous People , who have no Knowledge of Almighty God. And whereas , the said Edward Earl of Clarendon , George Duke of Albemarle , William Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir William Berkeley , Sir John Colleton , have humbly besought us to give , grant and confirm unto them and their Heirs , the said Country , with Priviledges and Jurisdictions , requisite for the good Government and Safety thereof . Know ye therefore , That We favouring the pious and noble Purpose of the said Edward Earl of Clarendon , George Duke of Albemarle , William Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir William Berkeley and Sir John Colleton of our special Grace , certain Knowledge and meer Motion , have given , granted and confirmed , and by this our present Charter , for Us , our Heirs and Successors , do give , grant and confirm unto the said Edward Earl of Clarendon , George Duke of Albemarle , William Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir William Berkeley and Sir John Colleton , their Heirs , and Assigns , all that Territory or Tract of Ground scituate , lying , and being within our Dominions in America ; extending from the North End of the Island called Lucke Island , which lyeth in the Southern Virginia Seas , and within six and thirty Degrees of the Northern Latitude ; and to the West as far as the South Seas ; and so Southerly , as far as the River St. Matthias , which bordereth upon the Coast of Florida , and within one and thirty Degrees of Northern Latitude , and so West in a direct Line , as far as the South Seas aforesaid ; together with all and singular Ports , Harbours , Bays , Rivers , Isles and Islets , belonging unto the Country aforesaid . And also , all the Soil , Lands , Fields , Woods , Mountains , Ferms , Lakes , Rivers , Bays and Islets , scituate ▪ or being within the Bounds or Limits aforesaid , with the fishing of all sorts of Fish , Whales , Sturgeons and all other Royal Fishes in the Sea , Bays , Islets and Rivers , within the Premises , and the Fish therein taken . And moreover , all Veins , Mines , Quarries , as well discover'd as not discover'd , of Gold , Silver , Gems , precious Stones , and all other whatsoever ; be it of Stones , Metals or any other thing whatsoever , found , or to be found within the Countries , Isles and Limits aforesaid . And furthermore , the Patronage and Avowsons of all the Churches and Chapels , which as Christian Religion shall increase within the Country , Isles , Islets and Limits aforesaid , shall happen hereafter to be erected ; together with License and Power to build and found Churches , Chapels and Oratories in convenient and fit Places within the said Bounds and Limits ; and to cause them to be dedicated and consecrated , according to the Ecclesiastical Laws of our Kingdom of England ; together with all and singular , the like , and as ample Rights , Jurisdictions , Priviledges , Prerogatives , Royalties , Liberties , Immunities and Franchises , of what Kind soever , within the Countries , Isles , Islets and Limits aforesaid . To have , use , exercise and enjoy , and in as ample Manner as any Bishop of Durham in our Kingdom of England , ever heretofore have held , used or enjoyed , or of right ought , or could have , use or enjoy ; and them the said Edward Earl of Clarendon , George Duke of Albemarle , William Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir William Berkeley and Sir John Colleton , their Heirs and Assigns . We do by these Presents , for Us , our Heirs and Successors , make , create and constitute the true and absolute Lords and Proprietors of the Country aforesaid , and of all other the Premises , saving always the Faith , Allegiance and Sovereign Dominion due to Us , our Heirs and Successors , for the same ; and saving also the Right , Title and Interest of all and every our Subjects of the English Nation , which are now planted within the Limits and Bounds aforesaid , ( if any be : ) to have , hold possess , and enjoy the said Country , Isles , Islets , and all and singular , other the Premises to them , the said Edward Earl of Clarendon , George Duke of Albemarle , VVilliam Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir VVilleam Berkeley and Sir John Colleton , their Heirs and Assigns for ever , to be holden of Us , our Heirs and Successors , as of our Mannor of East Greenwich , in our County of Kent , in free and common Soccage , and not in Capite , nor by Kn●ghts Service , yeilding and paying yearly to Us , our Heirs and Successors , for the same , the Yearly Rent of Twenty Marks of Lawful Money of England , at the Feast of All Saints , Yearly for Ever . The first Payment thereof , to begin , and to be made on the Feast of All Saints , which shall be in the Year of our Lord One Thousand Six Hundred Sixty and Five , and also the fourth Part of all Gold and Silver Oar which within the limits aforesaid , shall from Time to Time , happen to be found . And that the Country thus by Us granted and described , may be dignifyed by us with as large Titles and Priviledges as any other Parts of our Dominions and Terretories in that Region . KNOW Ye , That We of Our further Grace , certain Knowledge , and meer Motion , have thought fit to Erect the same Tract of Ground , Country and Island , into a Province , And out of the Fullness of Our Royal Power and Prerogative ; We do , for Us , Our Heirs and Successors , Erect , Incorporate and Ordain the same into a Province ; and do call it the Province of CAROLINA : And so , from henceforth , will have it called . And forasmuch as We have hereby made , and ordained the aforesaid Edward Earl of Clarendon , George Duke of Albemarle , William Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir William Berkeley and Sir John Colleton , their Heirs and Assigns , the true Lords and Proprieters of all the Province aforesaid . KNOW ye therefore moreover , that We reposing Especial Trust and Confidence in their Fidelity , Wisdom , Justice and Provident Circumspection for Us , Our Heirs and Successours , do Grant full and absolute Power by virtue of these Presents , to them , the said Edward Earl of Clarendon , George Duke of Albemarle , William Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir William Berkeley and Sir John Colleton , and their Heirs for the good and happy Government of the said Province , to Ordain , Make , Enact , and under their Seals to publish any Laws whatsoever , either appertaining to the publick State of the said Province , or to the private Utility or particular Persons , according to their best Discretion , of and with the Advice , Assent and Approbation of the Freemen of the said Province , or of the greater Part of them , or of their Delegates or Deputies , whom for enacting of the said Laws , when and as often as need shall require , We will that the said Edward Earl of Clarendon , George Guke of Albermarle , William Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir William Berkeley and Sir John Colleton and their Heirs , shall from Time to Time , Assemble in such Manner and Form as to them shall seem best , and the same Laws duely to execute upon all People within the said Province and Limits thereof , for the Time being , or which shall be Constituted under the Power and Government of them , or , any of them , either Sailing towards the said Province of Carolina , or , returning from thence towards England , or any other of our , or Forreign Dominions , by Imposition of Penalties , Imprisonment , or any other Punishment ; yea , if it shall be needful , and the Quality of the Offence requires it , by taking away Member and Life , either by them the said Edward Earl of Clarendon , George Duke of Albemarle , VVilliam Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir VVilliam Berkeley , and Sir John Colleton , and their Heirs , or by them , or their Deputies , Lieutenants , Judges , Justices , Magistrates , Officers and Ministers , to be ordained , or appointed according to the Tenor and true Intention of these Presents ; and likewise , to Appoint and Establish any Judges , or Justices , Magistrates , or Officers whatsoever , within the said Province , at Sea or Land , in such Manner and Form , as unto the said Edward Earl of Clarendon , George Duke of Albemarle , VVilliam Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir William Berkely , and Sir John Colleton , and their Heirs , shall seem most convenient . Also to remit , Release , Pardon , and Abolish , ( whether before Judgment , or after ) all Crimes and Offences whatsoever against the said Laws , and to do all and every other Thing and Things which unto the Compleat Establishment of Justice unto Courts , Sessions and Forms of Judicature , and Manners of Proceedings therein , do belong , although in these Presents , express mention be not made thereof , and by Judges , and by him , or them delegated to award , process , hold Pleas , and determine in all the said Courts and Places of Judicature , all Actions , Suits and Causes whatsoever , as well Criminal as Civil , real , mixt , personal , or of any other Kind or Nature whatsoever ; Which Laws , so as aforesaid to be Published , Our Pleasure is , and We do Require , Enjoyn and Command , shall be Absolute , Firm and Available in Law , and that all the Leige People of Us , Our Heirs and Successors within the said Province of Carolina , do observe and keep the same inviolably , in those Parts , so far as they concern them , under the Pains and Penalties therein expressed , or to be expressed ; Provided nevertheless , That the said Laws be Consonant to Reason , and as near as may be , conveniently agreeable to the Laws and Customs of this our Kingdom of England . And because such Assemblies of Free-holders cannot be so conveniently called , as there may be Occasion to require the same ; We do therefore by these Presents , Give and Grant unto the said Earl of Clarendon , George Duke of Albemarle , William Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir William Berkeley , and Sir John Colleton , their Heirs and Assigns , by themselves , or their Magistrates in that Behalf Lawfully Authorized , full Power and Authority from Time to Time , to make and ordain fit and wholesome Orders and Ordinances within the Province aforesaid , to be kept and observed , as well for the keeping of the Peace , as for the better Government of the People there abiding , and to Publish the same to all to whom it may concern ; which Ordinances We do by these Presents , streightly charge and Command to be Inviolably observed , within the said Province , under the Penalties therein expressed , so as such Ordinances be reasonable and not repugnant , or contrary , but as near as may be , agreeable to the Laws and Statutes of this our Kingdom of England , and so as the same Ordinances do not extend to the Binding , Charging , or Taking away of the Right or Interest of any Person or Persons , in their Freehold Goods , or Chattels whatsoever . And to the end the said Province may be the more happily increased by the Multitude of People resorting thither , and may likewise be the more strongly Defended from the Incursions of Savages , and other Enemies , Pirates and Robbers ; Therefore , We for Us , Our Heirs and Successors do Give and Grant by these Presents , Power , License and Liberty unto all the Leige People of Us , Our Heirs and Successors in our Kingdom of England , or elsewhere within any other our Dominions , Islands , Colonies , or Plantations ( excepting those who shall be especially forbidden ) to Transport themselves and Families unto the said Province , with convenient Shipping , and ●itting Provisions and there to settle themselves , dwell and inhabit , any Law , Statute , Act , Ordinance , or other thing , to the contrary in any wise , notwithstanding : And We will also , and of Our more special Grace for Us , Our Heirs and Successors do streightly Enjoyn , Ordain , Constitute and Command that the said Province of Carolina shall be of our Allegiance , and that all and singular the Subjects , and Liege People of Us , Our Heirs and Successors Transported , or to be Transported into the said Province , and the Children of them , and of such as shall Descend from them , there Born , or hereafter to be Born , be , and shall be , Denizons and Leiges of Us , Our Heirs and Successors of this Our Kingdom of England , and be in all Things Held , Treated and Reputed as the Leige Faithful People of Us , Our Heirs and Successors , Born within this Our said Kingdom , or any other of Our Dominions , and may Inherit , or otherwise Purchase and Receive , Take , Hold , Buy and Possess any Lands , Tenements , or Hereditaments within the same Places , and them may Occupy Possess and Enjoy ▪ Give , Sell , Aliene and Bequeath ; as likewise , all Liberties , Franchises and Priviledges of this Our Kingdom of England and of other our Dominions aforesaid , and may freely and quietly have , possess and enjoy as our Leige People born within the same , without the least Molestation , Vexation , Trouble or Grievance of Us , our Heirs and Successors , any Statute , Act , Ordinance or Provision to the contrary notwithstanding . And furthermore That our Subjects of this our said Kingdom of England and other our Dominions , may be the rather encouraged to undertake this Expedition with ready and chearful Minds ; Know ye , That we of our special Grace , certain Knowledge and meer Motion , do give and grant , by vertue of these Presents , as well to the said Edward Earl of Clarendon , George Duke of Albemarle , William Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir VVilliam Berkeley and Sir John Colleton and their Heirs , as unto all others as shall , from Time to Time , repair unto the said Province , with a Purpose to inhabit there , or to trade with the Natives of the said Province , full Liberty and License to lade and freight in any Ports whatsoever , of Us , our Heirs and Successors , and into the said Province of Carolina , by them , their Servants and Assigns , to transport all and singular their Goods , Wares and Merchandizes ; as likewise , all sorts of Grain whatsoever , and any other Things whatsoever , necessary for the Food and Cloathing , not prohibited by the Laws and Statutes of our Kingdoms and Dominions , to be carry'd out of the same without any Lett or Molestation of us , our Heirs and Successors , or of any other of our Officers or Ministers whatsoever , saving also to Us , our Heirs and Successors , the Customs , and other Dutys and Payments , due for the said Wares and Merchandizes , according to the several Rates of the Places from whence the same shall be transported . We will also , and by these Presents , for Us , our Heirs and Successors , do give and grant License by this our Charter , unto the said Edward Earl of Clarendon , George Duke of Albemarle , William Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir William Berkeley , and Sir John Colleton , their Heirs and Assigns , and to all the Inhabitants and Dwellers in the Province aforesaid , both present and to come , full Power and absolute Authority to import or unlade by themselves , or their Servants , Factors or Assigns , all Merchandizes and Goods whatsoever , that shall arise of the Fruits and Commodities of the said Province , either by Land or by Sea , into any the Ports of Us , our Heirs and Successors , in our Kingdom of England . Scotland or Ireland , or otherwise to dispose of the said Goods in the said Ports ; and if need be , within one Year next after the unlading , to lade the said Merchandizes and Goods again into the same , or other Ships , and to export the same into any other Countries , either of our Dominions , or forreign , being in Amity with Us , our Heirs and Successors , so as they pay such Customs , Subsidies and other Dutys for the same to Us , our Heirs and Successors , as the rest of our Subjects of this our Kingdom , for the Time being , shall be bound to pay , beyond which , we will not that the Inhabitants of the said Province of Carolina shall be any way charged . Provided nevertheless , and our Will and Pleasure is , and We have further for the Considerations aforesaid , of our more especial Grace , certain Knowledge and meer Motion , given and granted , and by these Presents , for Us , our Heirs and Successors , do give and grant unto the said Edward Earl of Clarendon , George Duke of Albemarle , VVilliam Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir VVilliam Berkeley and Sir John Colleton , their Heirs and Assigns , full and free License , Liberty and Authority at any Time , or Times , from and after the Feast of St. Michael the Arch-Angel , which shall be in the Year of our Lord Christ , One Thousand Six Hundred , Sixty and Seven ; as well to import , and bring into any of our Dominions , from the said Province of Carolina , or any Part thereof , the several Goods and Commodities herein after mentioned ; that is to say , Silks , Wines , Currants , Raisons , Capers , Wax , Almonds , Oyl and Olives , without paying or answering to us , our Heirs or Successors , any Custom , Impost or other Duty , for , or in respect thereof , for and during the Term and Space of Seven Years , to commence and be accompted from and after the first Importation of Four Tons of any the said Goods in any one Bottom Ship or Vessel , from the said Province , into any of our Dominions ; as also , to export and carry out of any of our Dominions into the said Province of Carolina , Custom-free , all sorts of Tools which shall be useful or necessary for the Planters there , in the Accomodation and Improvement of the Premises , any Thing before in these Presents contained , or any Law , Act , Statute prohibition , or other Matter or Thing heretofore had , made , enacted or provided or hereafter to be had , made , Enacted , or provided to the contrary in any wise notwithstanding . And furthermore , of our more ample and especial Grace , certain Knowledge and meer Motion , We do for Us , our Heirs and Successors , grant unto the said Edward Earl of Clarendon , George Duke of Albemarle , VVilliam Lord Craven , John Lord Berkley , Anthony Lord Ashley , Sir George Carterett , Sir VVilliam Berkeley and Sir John Colleton , their Heirs and Assigns , full and absolute Power and Authority to make , erect and constitute within the said Province of Carolina , and the Isles and Islets aforesaid , such and so many Sea-Ports , Harbours , Creeks and other Places , for discharge and unlading of Goods and Merchandizes out of Ships , Boats and other Vessels , and for lading of them in such and so many Places , and with such Jurisdictions , Priviledges and Franchises , unto the said Ports belonging , as to them shall seem most expedient ; and that all and singular , the Ships , Boats and other Vessels , which shall come for Merchandizes , and trade into the said Province , or shall depart out of the same , shall be laden and unladen at such Ports only as shall be erected and constituted by the said Edward Earl of Clarendon , George Duke of Albemarle , VVilliam Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir William Berkeley and Sir John Colleton , their Heirs and Assigns , and not elsewhere any Use , Custom , or any thing to the contrary in any wise , notwithstanding . And We do furthermore will , appoint and ordain by these Presents , for Us , our Heirs and Successors , do grant unto the said Edward Earl of Clarendon , George Duke of Albemarle , William Lord Craven , John Lord Berkely , Anthony Lord Ashley , Sir George Carterett , Sir William Berkeley and Sir John Colleton , their Heirs and Assigns , That they the said Edward Earl of Clarendon , George Duke of Albemarle , William Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir VVilliam Berkeley and Sir John Colleton , their Heirs and Assigns , may from Time to Time , for ever , have and enjoy the Customs and Subsidies in the Ports , Harbours , Creeks and other Places within the Province aforesaid , payable for Goods , Merchandizes and Wares there laded , or to be laded or unladed , the said Customs to be reasonably assessed upon any Occasion by themselves , and by and with the Consent of the free People there , or the greater Part of them , as aforesaid ; to whom We give Power by these Presents , for Us , our Heirs and Successors , upon just Cause and in a due Proportion to assess and impose the same . And further , of our especial Grace , certain Knowledge and meer Motion , we have given , granted and confirmed , and by these Presents , for Us , our Heirs and Successors , do give , grant and confirm unto the said Edward Earl of Clarendon , George Duke of Albemarle , VVilliam Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir VVilliam Berkeley and Sir John Colleton , their Heirs and Assigns , full and absolute License , Power and Authority , that the said Edward Earl of Clarendon , George Duke of Albemarle , VVilliam Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett . Sir VVilliam Berkley and Sir John Colleton , their Heirs and Assigns , from Time to Time , hereafter for ever , at his and their Will and Pleasure , may assign , alien , grant , demise or enfeoft the Premises or any Parts or Parcells thereof to him or them , that shall be willing to purchase the same ; and to such Person or Persons , as they shall think fit , to have , and to hold to them the said Person or Persons , their Heirs and Assigns in Fee simple or Fee Tayle , or for Term of Life or Lives , or Years to be held of them , the said Edward Earl of Clarendon , George Duke of Albemarle , VVilliam Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir William Berkeley , and Sir John Colleton , their Heirs and Assigns , by such Rents , Services and Customs , as shall seem meet to the said Edward Earl of Clarendon , George Duke of Albemarle , VVilliam Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir William Berkeley and Sir John Colleton , their Heirs and Assigns , and not immediately of Us , our Heirs and Successors : And to the same Person and Persons , and to all and every of them , We do give and grant by these Presents , for Us , our Heirs and Successors , License , Authority and Power , that such Person or Persons , may have or take the Premises , or any Parcel thereof , of the said Edward Earl of Clarendon , George Duke of Albemarle , VVilliam Lord Craven , John Lord Berkely , Anthony Lord Ashley , Sir George Carterett , Sir William Berkeley and Sir John Colleton , their Heirs and Assigns , and the same to hold to themselves , their Heirs or Assigns , in what Estate of Inheritance whatsoever , in Fee simple , or in Fee Tayle , or otherwise , as to them and the said Earl of Clarendon , George Duke of Albemarle , William Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir William Berkeley and Sir John Colleton , their Heirs and Assigns , shall seem expedient . The Statute made in the Parliament of Edward , Son of King Henry , heretofore King of England , our Predecessor , commonly called , The Statute of Quia Emptores Terrae ; or any other Satute , Act , Ordinance , Use , Law , Custom , or any other Matter , Cause or Thing heretofore published or provided to the contrary in any wise notwithstanding . And because many Persons born or inhabiting in the said Province , for their Deserts and Services may expect , and be capable of Marks of Honour and Favour , which in respect of the great Distance cannot conveniently be conferred by Us ; our Will and Pleasure therefore is , and We do by these Presents , give and grant unto the said Edward Earl of Clarendon , George Duke of Albemarle , Willliam Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir William Berkeley and Sir John Colleton , their Heirs and Assigns , full Power and Authority to give and conferr unto , and upon such of the Inhabitants of the said Province , as they shall think , do , or shall merit the same , such Marks or Favour , and Titles of Honour , as they shall think fit , so as these Titles of Honour be 〈…〉 conferred upon any the 〈◊〉 of this Our Kingdom of 〈◊〉 . And further also , We do by these Presents , for Us , Our Heirs and Successors , give and Grant , License to them the said Edward Earl of Clarendon , George Duke of Albemarle , William Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir William Berkeley and Sir John Colleton , their Heirs and Assigns , full Power , Liberty and License to Erect , Raise and Build within the said Province and Places aforesaid , or any Part or Parts thereof , such and so many Forts , Fortresses , Castles , Cities , Borroughs , Towns , Villages and other Fortifications whatsoever , and the same or any of them to Fortify and Furnish with Ordinance , Powder , Shot , Armory and all other Weapons , Ammunition , Habiliments of War , both Offensive and Defensive , as shall be thought fit and convenient for the Safety and Welfare of the said Province , and Places , or any Part thereof , and the same , or any of them , from Time to Time , as Occasion shall require , to Dismantle , Disfurnish , Demolish and pull down , and also to Place , Constitute and Appoint in , or over all , or any of the said Castles , Forts , Fortifications , Cities , Towns and Places aforesaid , Governours , Deputy Governours , Magistrates , Sheriffs , and other Officers , Civil and Military , as to them shall seem meet , and to the said Cities , Burroughs , Towns , Villages , or any other Place , or Places , within the said Province , to Grant Letters or Charters of Incorporation , with all Liberties , Franchises , and Priviledges requisite , and usual , or to , or within any Corporations within this Our Kingdom of England granted , or belonging ; and in the same Citties , Burroughs , Towns and other Places , to Constitute , Erect and Appoint such , and so many Markets , Marts and Fairs , as shall in that Behalf be thought fit and necessary ; and further also , to Erect and Make in the Province aforesaid , or any Part thereof , so many Mannors as to them shall seem meet and convenient , and in every of the same Mannors to have and to hold a Court-Baron with all things whatsoever , which to a Court-Baron do belong , and to have and to hold Views of Franck Pledge and Court-Leet for the Conservation of the Peace , and better Government of those Parts , within such Limits , Jurisdictions and Precincts , as by the said Edward Earl of Clarendon , George Duke of Albemarle , William Lord Craven , John Lord Berkely , Anthony Lord Ashley , Sir George Carterett , Sir William Berkeley and Sir John Colleton , or their Heirs , shall be appointed for that purpose , with all things whatsoever , which to a Court Leet , or view of Franck Pledge ; do belong , the said Court to be holden by Stewards , to be Deputed and Authorized by the said Edward Earl of Clarendon , George Duke of Albemarle , William Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir William Berkeley and Sir John Colleton , or their Heirs , or by the Lords of other Mannors and Leets for the Time being , when the same shall be Erected . And because that in so remote a Country , and Scituate among so many Barbarous Nations , and the Invasions as well of Salvages as other Enemies ; Pirates and Robbers may probably be feared ; Therefore We have Given , and for Us , Our Heirs and Successors do give Power by these Presents , unto the said Edward Earl of Clarendon , George Duke of Albemarle , William Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir William Berkeley and Sir John Colleton , their Heirs and Assigns by themselves , or their Captains , or other their Officers to Levy , Muster and Train all sorts of Men , of what Condition , or wheresoever Born in the said Province , for the Time being ; and to make War and pursue the Enemies aforesaid , as well by Sea , as by Land ; yea , even within the Limits of the said Province , and by God's Assistance , to Vanquish and Take them , and being Taken , to put them to Death by the Law of War , or to save them at their Pleasure ; and to do all and every other thing , which unto the Charge and Office of a Captain General of an Army , belongeth , or hath accustomed to belong , as fully and freely as any Captain General of an Army hath ever had the same . Also , Our Will and Pleasure is , and by this Our Charter , we give unto the said Edward Earl of Clarendon , George Duke of Albemarle , William Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir Gorge Carterett , Sir William Berkeley and Sir John Colleton , their Heirs and Assigns , full Power , Liberty and Authority in Case of Rebellion , Tumult , or Sedition ( if any should happen ) which God forbid either upon the Land within the Province aforesaid or upon the main Sea , in making a Voyage thither , or returning from thence , by him and themselves , their Captains , Deputies or Officers , to be authorized under his or their Seals , for that purpose : To whom also for Us , our Heirs and Successors , We do give and grant by these Presents , full Power and Authority to exercise Martial Law against mutinous and seditious Persons of those Parts , such as shall refuse to submit themselves to their Government , or shall refuse to serve in the Wars , or shall fly to the Enemy , or forsake their Colours or Ensigns , or be Loyterers or Straglers , or otherwise howsoever offending against Law , Custom or Discipline Military , as freely , and in as ample Manner and Form as any Captain General of an Army , by virtue of his Office , might , or hath accustomed to use the same . And Our further Pleasure is , and by these Presents , for Us , our Heirs and Successors , We do grant unto the said Earl of Clarendon , George Duke of Albemarle , William Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir William Berkeley and Sir John Colleton , their Heirs and Assigns , and to the Tenants and Inhabitants of the said Province of Carolina , both present and to come , and to every of them , that the said Province and the Tennants and Inhabitants thereof , shall not from henceforth , be held or reputed a Member , or Part of any Collony what●oever , in America or elsewhere , now transported or made , or hereafter to be transported or made ; nor shall be depending on , or subject to their Government in any Thing , but be absolutely separated and divided from the same : And our Pleasure is , by these Presents , That they be separated , and that they be subject immediately to our Crown of England , as depending thereof for ever . And that the Inhabitants of the said Province , nor any of them , shall at any Time hereafter , be compelled or compellable , or be any ways subject , or liable to appear or answer to any Matter , Suit , Cause , or Plaint whatsoever , out of the Province aforesaid , in any other of our Islands , Collonies or Dominions in America or elsewhere , other than in our Realm of England and Dominion of Wales . And because it may happen , That some of the People and Inhabitants of the said Province , cannot in their private Opinions conform to the Publick Exercise of Religion according to the Liturgy , Form and Ceremonies of the Church of England , or take and subscribe the Oaths and Articles made and established in that Behalf ▪ And for that the same , by reason of the remote Distances of these placees will we hope , be no Breach of the Unity , and Uniformity , Established in this Nation . Our Will and Pleasure therefore is , and We do by these Presents for Us , Our Heirs , and Successors , Give and Grant unto the said Edward Earl of Clarendon , George Duke of Albemarle , William Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir William Berkeley , and Sir John Colleton , their Heirs and Assigns , full and free License , Liberty and Authority , by such Legal Ways and Means as they shall think fit to Give and Grant unto such Person and Persons , Inhabiting , and being within the said Province , or any Part thereof , who really in their Judgments , and for Conscience sake , cannot , or shall not Conform to the said Liturgy and Ceremonies , and take and subscribe the Oaths and Articles aforesaid , or any of them , such Indulgences and Dispensations , in that Behalf , for , and during such Time and Times , and with such Limitations and Restrictions as they the said Edward Earl of Clarendon , George Duke of Albemarle , William Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir VVilliam Berkely and Sir John Colleton , their Heirs , or Assigns , shall in their Discretion think fit , and reasonable , and with this Express Proviso , and Limitation also , that such Person and Proviso , to whom such Indulgencies and Dispensations shall be Granted as aforesaid , do , and shall from Time to Time , Declare , and continue all Fidelity , Loyalty and Obedience to Us , Our Heirs and Successors , and be Subject and Obedient to all other the Laws , Ordinances and Constitutions of the said Province , in all Matters whatsoever , as well Ecclesiastical as Civil , and do not in any wise Disturb the Peace and Safety thereof , or Scandalize , or Reproach the said Liturgy , Forms and Ceremonies , or any Thing relating thereunto , or any Person or Persons whatsoever , for , or in respect of his , or their Use , or Exercise thereof , or his , or their Obedience , or Conformity thereunto . And in Case it shall happen , That any Doubts or Questions should arise concerning the True Sense and Understanding of any Word , Clause or Sentence , contained in this Our Present Charter , We will Ordain and Command , that at all Times , and in all Things , such Interpretation be made thereof , and allow'd in all and every of Our Courts whatsoever , as Lawfully may be Adjudged most Advantageous and Favourable to the said Edward Earl of Clarendon , George Duke of Albemarle , William Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir William Berkeley and Sir John Colleton , their Heirs and Assigns , although Express Mention be not made in these Presents , of the True Yearly Value and Certainty of the Premises , or any part thereof , or of any other Gifts and Grants made by Us , our Ancestors , or Predecessors , to them the said Edward Earl of Clarendon , George Duke of Albemarle , VVilliam Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir William Berkeley and Sir John Colleton , or any other Person , or Persons whatsoever , or any Statute , Act , Ordinance , Provision , Proclamation , or Restraint heretofore Had , Made , Published , Ordained , or Provided , or any other Thing , Cause , or Matter whatsoever , to the contrary thereof , in any Wise Notwithstanding . In Witness , &c. Witness the KING , at VVestminster , the Four and Twentieth Day of March , in the Fifteenth Year of Our Reign . Per ipsum Regem . THE SECOND CHARTER Granted by King CHARLES IId . TO THE PROPRIETORS OF CAROLINA . CHARLES IId . by the Grace of God , &c. Whereas , By Our Letters Patents , bearing Date the Four and Twentieth Day of March ; in the Fifteenth Year of Our Reign , We were Graciously Pleas'd to Grant unto Our right Trusty , and right Well-beloved Cousin and Counsellor Edward Earl of Clarendon , our high Chancellor of England , Our right Trusty , and Right Intirely Beloved Cousin and Counsellor , George Duke of Albemarle , Master of our Horse , Our right Trusty , and Well Beloved William , now Earl of Craven , our right Trusty and well-beloved Counsellor , John Lord Berkeley , our right Trusty , and well-beloved Counsellor , Anthony Lord Ashley , Chancellor of our Exchequer , our right Trusty and Well-beloved Counsellor Sir George Carterett Knight and Baronet , Vice-Chamberlain of our Houshold , Our right Trusty and well-beloved , Sir John Colleton Knight and Baronet , and Sir William Berkeley Knight , all that Province , Territotory , or Tract of Ground , called Carolina , scituate , lying and being within our Dominions of America , Extending from the North End of the Island , called Luke Island , which lyeth in the Southern Virginia Seas , and within six and thirty Degrees of the Northern Latitude ; and to the West , as far as the South Seas ; and so respectively as far as the River of Mathias , which bordereth upon the Coast of Florida , and within One and Thirty Degrees of the Northern Latitude , and so West in a direct Line , as far as the South Seas aforesaid . Now , Know Ye , that We , at the Humble Request of the said Grantees in the aforesaid Letters , Patents named , and as a further Mark of Our especial Favour towards them , We are Gratiously Pleased to Enlarge Our said Grant unto them , according to the Bounds and Limits hereafter Specifyed , and in Favour to the Pious and Noble Purpose of the said Edward Earl of Clarendon , George Duke of Albemarle , William Earl of Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir John Colleton ▪ and Sir William Berkeley , their Heirs and Assigns , all that Province , Territory , or Tract of Ground , Scituate , lying , and being within Our Dominions of America aforesaid , extending North and Eastward , as far as the North End of Carahtuke River , or Gulet , upon a streight Westerly Line , to Wyonoake Creek , which lyes within , or about the Degrees of Thirty Six , and Thirty Minutes Northern Latitude , and so West , in a direct Line as far as the South Seas ; and South and Westward , as far as the Degrees of Twenty Nine Inclusive Northern Latitude , and so West in a direct Line , as far as the South Seas ; together with all and singular Ports , Harbours , Bays , Rivers and Islets , belonging unto the Province or Territory , aforesaid . And also , all the Soil , Lands , Fields , Woods , Mountains , Ferms , Lakes , Rivers , Bays and Islets , scituate , or being within the Bounds , or Limits , last before mentioned ; with the Fishing of all sorts of Fish , Whales , Sturgeons , and all other Royal Fishes in the Sea , Bays , Islets and Rivers , within the Premises , and the Fish therein taken ; together with the Royalty of the Sea , upon the Coast within the Limits aforesaid . And moreover ▪ all Veins , Mines and Quarries , as well discovered as not discover'd , of Gold , Silver , Gems and Precious Stones , and all other whatsoever ; be it of Stones , Mettal , or any other thing found , or to be found within the Province , Territory , Islets and Limits aforesaid . And furthermore , the Patronage and Avowsons of all the Churches and Chappels , which as Christian Religion shall encrease within the Province , Territory , Isles and Limits aforesaid , shall happen hereafter to be erected ; together with License and Power to build and found Churches , Chappels and Oratories in convenient and fit places , within the said Bounds and Limits ; and to cause them to be Dedicated and Consecrated , according to the Ecclesiastical Laws of Our Kingdom of England ; together with all and singular , the like , and as ample Rights , Jurisdictions , Priviledges , Prerogatives , Royalties , Liberties , Immunities and Franchises , of what Kind soever , within the Territory , Isles , Islets and Limits aforesaid . To have , hold , use , exercise and enjoy the same as amply , fully , and in as ample Manner as any Bishop of Durham in Our Kingdom of England , ever heretofore had , held , used , or enjoyed , or of right ought , or could have , use , or enjoy ; and them the said Edward Earl of Clarendon , George Duke of Albemarle , William Earl of Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir John Colleton , and Sir William Berkeley , their Heirs and Assigns ; We do by these Presents , for Us , Our Heirs and Successors , make , create and constitute the true and absolute Lords and Proprietors of the said Province , or Territory , and of all other the Premises , saving always the Faith , Allegiance and Sovereign Dominion due to Us , Our Heirs and Successors , for the same ; to have , hold , possess and enjoy the said Province , Territory , Islets , and all and singular , other the Premises , to them the said Edward Earl of Clarendon , George Duke of Albemarle , William Earl of Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir John Colleton and Sir William Berkeley , their Heirs and Assigns , for Ever , to be holden of Us , Our Heirs and Successors , as of Our Mannor of East Greenwich , in Kent , in free and common Soccage , and not in Capite , or by Knights Service , yeilding and paying yearly to Us , Our Heirs and Successors , for the same the fourth Part of all Goods and Silver Oar , which within the Limits hereby Granted , shall from Time to Time , happen to be found , over and besides the Yearly Rent of Twenty Marks and the fourth part of the Gold and Silver Oar , in and by the said recited Letters Patents reserved and payable . And that the Province , or Territory hereby granted and described , may be dignifyed with as large Titles and Priviledges as any other Parts of our Dominions and Territories in that Region . Know ye , That We , of our further Grace , certain Knowledge and meer Motion , have thought fit to annex the same Tract of Ground and Territory , unto the same Province of Carolina ; and out of the Fulness of our Royal Power and Prerogative , We do for Us , our Heirs and Successors , annex and unite the same to the said Province of Carolina . And forasmuch as We have made and ordained , the aforesaid Edward Earl of Clarendon , George Duke of Albemarle , William Earl of Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir John Colleton and Sir William Berkeley , their Heirs and Assigns , the true Lords and Proprietors of all the Province or Territory aforesaid . Know ye therefore moreover , That We reposing especial Trust and Confidence in their Fidelity , Wisdom , Justice and provident Circumspection for Us , our Heirs and Successors , do grant full and absolute Power , by virtue of these Presents , to them the said Edward Earl of Clarendon , George Duke of Albemarle , William Earl of Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir John Colleton and Sir VVilliam Berkeley ▪ and their Heirs and Assigns , for the good and happy Government of the said whole Province or Territory , full Power and Authority to erect , constitute , and make several Counties , Baronies , and Colonies , of and within the said Provinces , Territories , Lands and Hereditaments , in and by the said recited Letter , Patents , and these Presents , granted , or mentioned to be granted , as aforesaid , with several and distinct Jurisdictions , Powers , Liberties and Priviledges . And also , to ordain , make and enact , and under their Seals , to publish any Laws and Constitutions whatsoever , either appertaining to the publick State of the said whole Provi●●● or Territory , or of any distinct or particular County , Barony or Colony , of or within the same , or to the private Utility of particular Persons , according to their best Discretion , by and with the Advice , Assent and Approbation of the Freemen of the said Province or Territory , or of the Freemen of the County , Barony or Colony , for which such Law or Constitution shall be made , or the greater Part of them , or of their Delegates or Deputies , whom for enacting of the said Laws , when , and as often as need shall require , We will that the said Edward Earl of Clarendon , George Duke of Albemarle , William Earl of Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir John Colleton and Sir William Berkeley , and their Heirs or Assigns , shall from Time to Time , assemble in such Manner and Form as to them shall seem best : And the same Laws duly to execute upon all People within and the said Province or Territory , County , Barony or Colony the Limits thereof , for the Time being , which shall be constituted under the Power and Government of them , or any of them , either sailing towards the said Province or Territory of Carolina , or returning from thence towards England , or any other of our , or forreign Dominions , by Imposition of Penalties , Imprisonment , or any other Punishment : Yea , if it shall be needful , and the Quality of the Offence require it , by taking away Member and Life , either by them , the said Edward Earl of Clarendon , George Duke of Albemarle , William Earl of Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir John Colleton and Sir VVilliam Berkeley and their Heirs , or by them or their Deputies , Lieutenants , Judges , Justices , Magistrates , or Officers whatsoever , as well within the said Province as at Sea , in such Manner and Form as unto the said Edward Earl of Clarendon , George Duke of Albemarle , William Earl of Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir John Colleton and Sir William Berkeley , and their Heirs , shall seem most convenient : Also , to remit , release , pardon and abolish , whether before Judgement or after , all Crimes and Offences whatsoever , against the said Laws ; and to do all and every other Thing and Things , which unto the ●ompleat Establishment of Justice , unto ●o●●ts , Sessions and Forms of Judicature , and Manners of proceedings therein , do bel●●g , al●●● in these Presents , express 〈…〉 made thereof , and by Judges , to 〈…〉 process , ●●●d Pleas , and determine 〈…〉 Judicature all Actions ▪ Suits and Causes whatsoever , as well criminal as civil , real , mixt , personal , or of any other Kind or Nature Whatsoever : Which Laws so as aforesaid , to be published . Our Pleasure is , and We do enjoyn , require and command , shall be absolutely firm and available in Law ; and that all the Leige People of Us , our Heirs and Successors , within the said Province or Territory , do observe and keep the same inviolably in those Parts , so far as they concern them , under the Pains and Penalties therein expressed , or to be expressed ; provided nevertheless , that the said Laws be consonant to Reason , and as near as may be conveniently , agreeeble to the Laws and Customs of this our Realm of England . And because such Assemblies of Free-holders cannot be so suddenly called as there may be Occasion to require the same . We do therefore by these Presents , give and grant unto the said Edward Earl of Clarendon , George Duke of Albemarle , William Earl of Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir John Colleton and Sir William Berkeley , their Heirs and Assigns , by themselves or their Magistrates in that Behalf , lawfully authorized , full Power and Authority from Time to Time , to make and ordain fit and wholsome Orders and Ordinances , within the Province or Territory aforesaid , or any County , Barony or Province , of or within the same , to be kept and observed , as well for the keeping of the Peace , as for the better Government of the People there abiding , and to publish the same to all to whom it may concern : Which Ordinances we do , by these Presents , streightly charge and command to be inviolably observed within the same Province , Countys , Territorys , Baronys and Provinces , under the Penalties therein expressed ; so as such Ordinances be reasonable and not repugnant or contrary , but as near as may be agreeable to the Laws and Statutes of this our Kingdom of England ; and so as the same Ordinances do not extend to the binding , charging or taking away of the Right or Interest of any Person or Persons , in their freehold , Goods or Chattels , whatsoever . And to the end the said Province or Territory , may be the more happily encreased by the Multitude of People resorting thither , and may likewise be the more strongly defended from the Incursions of Savages and other Enemies , Pirates and Robbers . Therefore , We for Us , Our Heirs and Successors , do give and grant by these Presents , Power , License and Liberty unto all the Leige People of Us , our Heirs and Successors in our Kingdom of England , or elsewhere , within any other our Dominions , Islands Colonies or Plantations ; ( excepting those who shall be especially forbidden ) to transport themselves and Families into the said Province or Territory , with convenient Shipping , and fitting Provisions ; and there to settle themselves , dwell and inhabit , any Law , Act , Statute , Ordinance , or other Thing to the contrary in any wise , notwithstanding . And we will also , and of Our especial Grace , for Us , our Heirs and Successors , do streightly enjoyn , ordain , constitute and command , That the said Province or Territory , shall be of our Allegiance ; and that all and singular , the Subjects and Leige People of Us , our Heirs and Successors , transported , or to be transported into the said Province , and the Children of them , and such as shall descend from them , there born , or hereafter to be born , be , and shall be Denizens and Leiges of Us , our Heirs and Successors of this our Kingdom of England , and be in all Things , held , treated and reputed as the Leige faithful People of Us , our Heirs and Successors , born within this our said Kingdom , or any other of our Dominions ; and may inherit , or otherwise purchase and receive , take , hold , buy and possess any Lands , Tenements or Hereditaments , within the said Places , and them may occupy , and enjoy , sell , alien and bequeath ; as likewise , all Liberties , Franchises and Priviledges of this our Kingdom , and of other our Dominions aforesaid , may freely and quietly have , possess and enjoy , as our Leige People born within the same , without the Molestation , Vexation , Trouble or Grievance of Us , Our Heirs and Successors , any Act , Statute , Ordinance , Provision to the contrary , notwithstanding . And furthermore , That Our Subjects of this Our said Kingdom of England , and other our Dominions , may be the rather encouraged to undertake this Expedition , with ready and chearful Means . Know Ye , That We , of Our especial Grace , certain Knowledge and meer Motion , do give and grant , by virtue of these Presents , as well to the said Edward Earl of Clarendon , George Duke of Albemarle , William Earl of Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir John Colleton and Sir William Berkeley and their Heirs , as unto all others as shall , from Time to Time , repair unto the said Province or Territory , with a Purpose to in habit there , or to trade with the Natives thereof ▪ Full Liberty and License to lade and freight in every Port whatsoever , of Us , our Heirs and Successors ; and into the said Province of Carolina , by them , their Servants and Assigns , to transport all and singular , their Goods , Wares and Merchandizes ; as likewise , all sort of Grain whatsoever , and any other Thing whatsoever , necessary for their Food and Cloathing , not prohibited by the Laws and Statutes of our Kingdom and Dominions , to be carried out of the same , without any Lett or Molestation of Us , our Heirs and Successors , or of any other our Officers or Ministers whatsoever ; saving also to Us , our Heirs and Successors , the Customs , and other Duties and Payments due for the said Wares and Merchandizes , according to the several Rates of the Places from whence the same shall be transported . We will also , and by these Presents , for Us , our Heirs and Successors , do give and grant License by this our Charter , unto the said Edward Earl of Clarendon , George Duke of Albemarle , VVilliam Earl of Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir John Colleton and Sir VVilliam Berkeley , their Heirs and Assigns , and to all the Inhabitants and Dwellers in the Province or Territory aforesaid , both present and to come , full Power and absolute Authority to import or unlade by themselves , or their Servants , Factors or Assigns , all Merchandizes and Goods whatsoever , that shall arise of the Fruits and Commodities of the said Province or Territory , either by Land or Sea , into any the Ports of Us , our Heirs and Successors , in our Kingdom of England , Scotland or Ireland , or otherwise , to dispose of the said Goods , in the said Ports . And if need be , within one Year next after the unlading , to lade the said Merchandizes and Goods again into the same , or other Ships ; and to export the same into any other Countrys , either of our Dominions or forreign , being in Amity with Us , our Heirs and Successors , so as they pay such Customs , Subsidies and other Duties for the same to Us , our Heirs and Successors , as the rest of our Subjects of this our Kingdom , for the Time being , shall be bound to pay . Beyond which We will not that the Inhabitants of the said Province or Territory , shall be any ways charged . Provided , nevertheless , and our Will and Pleasure is , and We have further , for the Considerations aforesaid , of our 〈…〉 certain Knowledge and meer Motion , given and granted , and by these Presents , for 〈…〉 Heirs and Successors , do give and grant unto the said Edward Earl of Clarendon , George Duke of Albemarle , William Earl of Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir John Colleton and Sir William Berkeley , their Heirs and Assigns , full and free License , Liberty , Power and Authority , at any Time or Times , from and after the Feast of S● Michael the Arch-Angel , which shall be in the Year of our Lord Christ , One Thousand Six Hundred , Sixty and Seven ; as we●● to import and bring into any our Dominions from the said Province of Carolina , or any Part thereof , the several Goods and Commodities herein after mentioned ; That is to say , Silks , Wines , Currants , Raysons , Capers , Wax , Almonds , Oyl and Olives , without paying or answering to Us , our Heirs and Successors , any Custom , Impost , or other Duty , for , or in respect thereof , for an during the Time and Space of Seven Years to commence and be accompted from and after the first Importation of Four Tons of any the said Goods , in any one Bottom Ship or Vessel , from the said Province or Territory , into any of our Dominions ; as also , to export and carry out of any of our Dominions into the said Province or Territory , Custom-free , all sorts of Tools , which shall be useful or necessary for the Planters there , in the Accomodation and Improvement of the Premises , any thing before in these Presents contained , or any Law , Act , Statute , Prohibibition , or other Matter or Thing , heretofore had , made , enacted or provided , or hereafter to be had , made , enacted or provided , in any wise notwithstanding . And furthermore , of our more ample and especial Grace , certain Knowledge and meer Motion , We do for Us , our Heirs and Successors , grant unto the said Edward Earl of Clarendon , George Duke of Albemarle , VVilliam Earl of Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir John Colleton and Sir VVilliam Berkeley , their Heirs and Assigns , full and absolute Power and Authority to make , erect and constitute within the said Province or Territory , and the Isles and Islets aforesaid , such and so many Sea-Ports , Harbours , Creeks and other Places for discharge and unlading of Goods and Merchandizes out of Ships , Boats , and other Vessels , and for lading of them in such and so many Places , 〈…〉 such Jurisdictions , Priviledges and Franchises , unto the said Ports belonging , as to them shall seem most exped 〈…〉 And 〈…〉 ngular , the Ships , Boats and other Vessels , which shall come for Merchandizes , and trade into the said Province or Territory , or shall depart out of the same , shall be laden and unladen at such Ports only , as shall be erected and constituted by the said Edward Earl of Clarendon , George Duke of Albemarle , VVilliam Earl of Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir John Colleton and Sir William Berkley , their Heirs and Assigns , and not elsewhere , any Use , Custom , or any thing to the contrary in any wise notwithstanding . And We do furthermore will , appoint and ordain , and by these Presents , for Us , our Heirs and Successors , do grant unto the said Edward Earl of Clarendon , George Duke of Albemarle , William Earl of Craven , John Lord Berkely , Anthony Lord Ashley , Sir George Carterett , Sir John Colleton and Sir William Berkeley , their Heirs and Assigns , That they the said Edward Earl of Clarendon , George Duke of Albemarle , William Earl of Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir John Colleton and Sir VVilliam Berkeley , their Heirs and Assigns , may from Time to Time , for ever , have and enjoy the Customs and Subsidies in the Ports Harbours , Creeks and other Places within the Province aforesaid , payable for the Goods , Merchandizes and Wares there laded , or be laded or unladed , the said Customs to be reasonably assessed to upon any Occasion by themselves , and by and with the Consent of the free People , or the greater Part of them , as aforesaid ; to whom We give Power by these Presents , for Us , our Heirs and Successors , upon just Cause and in a due Proportion to assess and impose the same . And further , of our especial Grace , certain Knowledge and meer Motion , we have given , granted and confirmed , and by these Presents , for Us , our Heirs and Successors , do give , grant and confirm unto the said Edward Earl of Clarendon , George Duke of Albemarle , VVilliam Earl of Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir John Colleton and Sir VVilliam Berkeley , their Heirs and Assigns , full and absolute Power , License and Authority , that they the said Edward Earl of Clarendon , George Duke of Albemarle , VVilliam Earl Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett . Sir John Colleton and Sir VVilliam Berkley , their Heirs and Assigns , from Time to Time , hereafter for ever , at his and their Will and Pleasure , may assign , alien , grant , demise or enfeoff the Premises or any Part or Parcell thereof to him or them , that shall be willing to purchase the same , and to such Person and Persons , as they shall think fit , to have , and to hold to them the said Person or Persons , their Heirs and Assigns in Fee simple or in Fee Tayle , or for the Term of Life or Lives , or Years to be held of them , the said Edward Earl of Clarendon , George Duke of Albemarle , VVilliam Earl of Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir John Colleton and Sir William Berkeley , their Heirs and Assigns , by such Rents , Services and Customs , as shall seem fit to them the said Edward Earl of Clarendon , George Duke of Albemarle , VVilliam Earl of Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir John Colleton and Sir William Berkeley , their Heirs and Assigns , and not of Us , our Heirs and Successors : And to the same Person and Persons , and to all and every of them , We do give and grant by these Presents , for Us , our Heirs and Successors , License , Authority and Power , that such Person or Persons , may have and take the Premises , or any Parcel thereof , of the said Edward Earl of Clarendon , George Duke Of Albemarle , VVilliam Earl of Craven , John Lord Berkely , Anthony Lord Ashley , Sir George Carterett , Sir John Colleton and Sir William Berkeley , their Heirs and Assigns , and the same to hold to themselves , their Heirs or Assigns , in what Estate of Inheritance soever , in Fee simple , or in Fee Tayle , or otherwise , as to them the said Edward Earl of Clarendon , George Duke of Albemarle , William Earl of Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir John Colleton and Sir William Berkley , their Heirs and Assigns , shall seem expedient . The Statute in the Parliament of Edward , Son of King Henry , heretofore King of England , our Predecessor , commonly called , The Statute of Quia Emptores Terrar ; or any other Satute , Act , Ordinance , Use , Law , Custom , or any other Matter , Cause or Thing heretofore published or provided to the contrary in any wise notwithstanding . And because many Persons born and inhabiting in the said Province for their Deserts and Services may expect , and be capable of Marks of Honour and Favour , which in respect of the great Distance cannot conveniently be conferred by Us ; our Will and Pleasure therefore is , and We do by these Presents , give and grant unto the said Edward Earl of Clarendon , George Duke of Albemarle , William Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir John Colleton and Sir William Berkeley , 〈◊〉 Heirs and Assigns , full Power and Authority to give and conferr unto , and upon such of the Inhabitants of the said Province , or Territory , as they shall think , do , or shall merit the same , such Marks of Favour , and Titles of Honour , as they shall think fit , so as their Titles or Honours be not the same as are enjoyed by , or conferred upon any of the Subjects of this Our Kingdom of England . And further also , We do by these Presents , for Us , Our Heirs and Successors , give and Grant , License to them the said Edward Earl of Clarendon , George Duke of Albemarle , William Earl of Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir John Colleton and Sir William Berkeley , their Heirs and Assigns , full Power , Liberty and License , to Erect , Raise and Build within the said Province and Places aforesaid , or any Part or Parts thereof , such and so many Forts , Fortresses , Castles , Cities , Burroughs , Towns , Villages and other Fortifications whatsoever ; and the same or any of them to Fortify and Furnish with Ordnance , Powder , Shot , Armour and all other Weapons , Ammunition and Habiliments of War , both Defensive and Offensive , as shall be thought fit and convenient for the Safety and Welfare of the said Province , and Places , or any Part thereof ; And the same , or any of them , from Time to Time , as Occasion shall require , to Dismantle , Disfurnish , Demolish and pull down ; And also to Place , Constitute and Appoint in , or over all , or any of the said Castles , Forts , Fortifications , Cities , Towns and Places aforesaid , Governours , Deputy Governours , Magistrates , Sheriffs and other Officers , Civil and Military , as to them shall seem meet ; And to the said Cities , Burroughs , Towns , Villages , or any other Place , or Places , within the said Province or Territory , to Grant Letters or Charters of Incorporation , with all Liberties , Franchises and Priviledges requisite , or usual , or to , or within this Our Kingdom of England granted , or belonging ; And in the same Citties , Burroughs , Towns and other Places , to Constitute , Erect and Appoint such , and so many Markets , Marts and Fairs , as shall in that Behalf be thought fit and necessary ; And further also , to Erect and Make in the Province or Territory aforesaid , or any Part thereof , so man Mannors with such Signories as to them shall seem meet and convenient , and in every of the same Mannors to have and to hold a Court-Baron with all Things whatsoever , which to a Court-Baron do belong , and to have and to hold Views of Franck Pledge , and Courts-Leet , for the Conservation of the Peace , and better Government of those Parts , with such Limits , Jurisdiction and Precincts , as by the said Edward Earl of Clarendon , George Duke of Albemarle , William Earl of Craven , John Lord Berkely , Anthony Lord Ashley , Sir George Carterett , Sir John Colleton , and Sir William Berkeley , or their Heirs , shall be appointed for that purpose , with all things whatsoever , which to a Court Leet , or view of Franck Pledge ; do belong , the same Courts to be holden by Stewards , to be Deputed and Authorized by the said Edward Earl of Clarendon , George Duke of Albemarle , William Earl of Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir John Colleton , and Sir William Berkeley or their Heirs , by the Lords of the Mannors and Leets , for the Time being , when the same shall be Erected . And because that in so remote a Country , and Scituate among so many Barbarous Nations , the Invasions as well of Salvages as other Enemies , Pirates , and Robbers may probably be feared ; Therefore We have Given , and for Us , Our Heirs and Successors do give Power by these Presents , unto the said Edward Earl of Clarendon , George Duke of Albemarle , William Earl of Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir John Colleton and Sir William Berkeley , their Heirs or Assigns by themselves , or their Captains , or other Officers to Levy , Muster and Train up all sorts of Men , of what Condition soever , or wheresoever Born , whether in the said Province , or elsewhere , for the Time being ; And to make War and pursue the Enemies aforesaid , as well by Sea , as by Land ; yea , even without the Limits of the said Province , and by God's Assistance , to Vanquish and Take them , and being Taken , to put them to Death by the Law of War , and to save them at their Pleasure ; And to do all and every other thing , which to the Charge and Office of a Captain General of an Army belongeth , or hath accustomed to belong , as fully and freely as any Captain General of an Army hath had the same . Also , Our Will and Pleasure is , and by this Our Charter , We do give and grant unto the said Edward Earl of Clarendon , George Duke of Albemarle , William Lord Craven , John Lord Berkeley , Anthony Lord Ashley , Sir Gorge Carterett , Sir John Colleton and Sir William Berkeley , their Heirs and Assigns , full Power , Liberty and Authority in Case of Rebellion , Tumult , or Sedition ( if any should happen which God forbid ) either upon the Land within the Province aforesaid , or upon the main Sea , in making a Voyage thither , or returning from thence , by him and themselves , their Captains , Deputies or Officers , to be authorized under his or their Seals , for that purpose : To whom also for Us , our Heirs and Successors , We do give and grant by these Presents , full Power and Authority to exercise Martial Law against mutinous and seditious Persons of those Parts ; such as shall refuse to submit themselves to their Government , or shall refuse to serve in the Wars , or shall fly to the Enemy , or forsake their Colours or Ensigns , or be Loyterers or Straglers , or otherwise howsoever offending against Law , Custom , or Military Discipline , as freely , and in as ample Manner and Form as any Captain General of an Army , by virtue of his Office , might , or hath accustomed to use the same . And Our further Pleasure is , and by these Presents , for Us , our Heirs and Successors , We do grant unto the said Edward Earl of Clarendon , George Duke of Albemarle , William Earl of Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir John Colleton , and Sir William Berkeley , their Heirs and Assigns , and to the Tenants and Inhabitants of the said Province , or Territory , both present and to come , and to every of them , that the said Province , or Territory , and the Tennants and Inhabitants thereof , shall not from henceforth , be held or reputed any Member , or Part of any Collony whatsoever , in America or elsewhere , now transported or made , or hereafter to be transported or made ; nor shall be depending on , or subject to their Government in any Thing , but be absolutely separated and divided from the same : And our Pleasure is , by these Presents , That they be separated , and that they be subject immediately to our Crown of England , as depending thereof for ever . And that the Inhabitants of the said Province or Territory , nor any of them , shall at any Time hereafter , be compelled or compellable , or be any ways subject , or li●●●● to appear or answer to any Matter , Suit , Cause , or Plaint whatsoever , out of the Province or Territory aforesaid , in any other of our 〈◊〉 , Collonies or Dominions in America , or elsewhere , other than in our 〈◊〉 of England and Dominion of Wales . And because it may happen , That some of the People and Inhabitants of the said Province , cannot in their private Opinions conform to the Publick Exercise of Religion according to the Liturgy , Forms and Ceremonies of the Church of England , or take or subscribe the Oaths and Articles made and established in that Behalf : And for that the same , by reason of the remote Distances of those Places will as we hope , be no Breach of the Unity , and Conformity , Established in this Nation . Our Will and Pleasure therefore is , and We do by these Presents for Us , Our Heirs , and Successors , Give and Grant unto the said Edward Earl of Clarendon , George Duke of Albemarle , William Earl of Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir John Colleton and Sir William Berkeley , their Heirs and Assigns , full and free Licence , Liberty and Authority , by such Ways and Means as they shall think fit , To Give and Grant unto such Person and Persons , Inhabiting , and being withi the said Province or Territory , hereby or by the said recited Letters Patents , mentioned to be granted as aforesaid , or any Part thereof , such Indulgencies and Dispensations , in that Behalf , for , and during such Time and Times , and with such Limitations and Restrictions as they the said Edward Earl of Clarendon , George Duke of Albemarle , William Earl of Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir John Colleton and Sir VVilliam Berkely , their Heirs , or Assigns , shall in their Discretion think fit and reasonable . And that no Person or Persons , unto whom such Liberty shall be given , shall be any way molested , punished , disquieted , or called in question for any Differences in Opinion or Practise , in Matters of Religious Concernment , who do not actually disturb the civil Peace of the Province , County or Colony , that they shall make their abode in . But all and every such Person and Persons , may from Time to Time , and at all Times , freely and quietly have and enjoy his and their Judgments and Consciences , in Matters of Religion , throughout all the said Province , or Colony , they behaving them selves peaceably , and 〈◊〉 this Liberty to Licentiousness , nor to the Civil Injury or outward Disturbance of others . Any Law , Statute or Clause contained , or to be contained , 〈◊〉 or Customs of our Realm of England to the contrary hereof : any 〈◊〉 notwithstanding . And in Case it shall happen , That any Doubts or Questions should arise concerning the True Sense and Understanding of any Word , Clause , or Sentence , contained in this Our Present Charter , We will , Ordain , and Command , that at all Times , and in all Things , such Interpretations be made thereof , and allow'd in all and every of Our Courts whatsoever , as Lawfully may be Adjudged most Advantageous and Favourable to the said Edward Earl of Clarendon , George Duke of Albemarle , William Earl of Craven , John Lord Berkeley , Anthony Lord Ashley , Sir George Carterett , Sir John Colleton and Sir William Berkeley , their Heirs and Assigns , although Express Mention &c. Witness our Self at Westminster , the Thirtieth Day of June , in the Seventeenth Year of our Reign . Per ipsum Regem . THE Fundamental Constitutions OF CAROLINA . OUR Sovereign 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 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 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 , Constable , Chief-Justices , High-Stewards and Treasurers ; which Places shall be enjoy'd by none but the Lords Proprietors , to be 〈◊〉 at first 〈…〉 upon the Vacancy of any one of the Seven Great 〈…〉 , or otherwise , the Eldest Proprietor shall 〈…〉 the said Place . § . 3. The whole Province shall be 〈◊〉 into Counties ; each County shall consist of Eight 〈◊〉 , 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 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 annex'd 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 Proprietorship , 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 Signories and Privileges 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 surviving 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 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 Proprietor . § . 7. 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 . § . 8. Whatsoever Landgrave or Cassique shall any way come to be a Proprietor , shall take the Signiories annex'd 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 settled upon the said Dignity . § . 10. 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 . § . 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 entirely 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 than as in § . 18. 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 . § . 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 Signiores 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 Heirs shall be preferred , and in the Inheritance of those Dignities , and in the Signiories or Baronies annexed , there shall be no Co-heirs . § . 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 Criminial ; 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 Shillings 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 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 . § . 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 Privileges 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 Co-heirs ; but the Mannor , if there be but one , shall all entirely descend to the eldest Daughter and her Heirs . If there be more Mannors than one , the eldest Daughter first shall have her Choice , the Second next , and so on ; beginning again at the Eldest , till all the Mannors be taken up ; that so the Privileges which belong to Mannors being indivisible , the Lands of the Mannors to which they are annexed , may be kept entire , and the Mannor not lose those Privileges , 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 Privileges , 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 License 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 try'd for any Criminal Cause , in any but the Chief-Justice'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 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 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 Justices of the County Court , or the younger Sons of Proprietors , or eldest Sons of Landgraves of 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 Colleges shall be chosen at first by the Palatine's Court , Six Councellers , to be joined with each Proprietor in his Court ; of which Six , one shall be of those who were chosen into 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 . § . 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 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 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 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 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 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 Proprietors Court above Six Months . No Place shall be vacant in any College longer than the next Session of Parliament . § . 31. No Man , being a Member of the Grand Council , or of any of the Seven Colleges , 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 Balotting . § . 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 Proprieters 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 only as in § . 6. and 12. 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 . § . 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 Councellors , who shall be called Vice-Chancellors , shall have the Custody 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 , Dispatches and Treaties with the Neighbour 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 register'd in that Proprietor'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-Justice's Court , consisting of one of the Proprietors and his Six Councellors , 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 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 Jurisdiction 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 Lieutenant-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 Pro-Consuls . § . 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 Pro-Consuls next to them . § 43. The Treasurer's Court , consisting of a Proprietor , and his Six Councellors , called Vnder-Treasurers , shall take Care of all Matters that concern the publick Revenue and Treasury . The Twelve Assistants shall be called Auditors . § . 44. The High-Stewards 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 , High-ways , Passages by Water above the Floud of the Tide , Drains , Sewers and Banks , against Inundations , Bridges , Posts , 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 High-way , 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 publick Use . The Damage the Owner of such Lands ( on or through which any such publick Thing shall be made ) shall receive thereby , shall be valued , and Satisfaction made by such Ways as the Grand Council shall appoint . The Twelve Assistants belonging to this Court , shall be called Surveyors . § . 45. The Chamberlain's Court , consisting of a Proprietor and his Six Councellors , called Vice-Chamberlains , shall have the Care of all Ceremonies , Precedency , Heraldry , Reception of publick Messengers , Pedegrees , the Registry of all Births , Burials , and Marriages , Legitimation , and all Cases concerning Matrimony , or arising from it ; and shall also have Power to regulate all Fashions , Habits , Badges , Games , and Sports . To this Court also it shall belong , to convocate the Grand Council . The Twelve Assistants belonging to this Court , shall be called Provosts . § . 46. All Causes belonging to , or under the Jurisdiction of any of the Proprietors Courts , shall in them respectively be tryed , 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 inferior 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 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 . § . 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 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. § . 51. The Grand Council shall prepare all Matters to be proposed in Parliament . Nor shall any Matter whatsover 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 Proprietor's 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 Carolina , then he shall chuse for Deputy any one of the Landgraves at 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 , commissionated under his Hand and Seal , the Eldest Nobleman of his Court shall of Course be his Deputy . § . 61. 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 apiece Freehold within the Precinct for which they serve respectively . These Five shall be chosen and commissionated 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 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 , Murther , and any other Offences punishable with Death , and except all Criminal Causes of the Nobility ; and shall judge also all Civil Causes whatsoever ; and in all personal Actions , not exceeding Fifty Pounds Sterling , without Appeal : But where the Cause shall exceed that Value , or concern a Title of Land , and in all Criminal Causes , there , either Party , upon paying Five Pounds Sterling to the Lords Proprietors Use , shall have Liberty of Appeal to the County Court. § . 64. No Cause shall be Twice tried in any one Court , upon any Reason or Pretence whatsoever . § . 65. For Treason , Murther , and all other Offences punishable with Death , there shall be a Commission , Twice a Year at least , granted unto 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. § . 66. 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 publick Good of the County ; which Presentment 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 Orders 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 , 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 . § . 68. 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 . § . 69. 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 . § . 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 Cousin-german to the Party concern'd ) 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 bargain'd 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 Precinct 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 summon'd 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 Parliament 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 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 . § . 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 , 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 publish'd at the next biennial Parliament . § . 77. 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 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 Sessions of Parliament . The Quorum of each of the Chambers of Parliament , shall be one half of the Members of that Chamber . § . 79. To avoid Multiplicity of Laws , which by Degrees always change the right Foundations of the Original Government ; All Acts of Parliament whatsoever , in whatsoever Form passed or enacted , shall at the End of a Hundred Years after their Enacting , respectively cease and determine of themselves , and without any Repeal become null and void , as if no such Acts or Laws had ever been made . § . 80. Since Multiplicity of Comments , as we ●●a● 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 . § . 81. 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 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 Justice'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 one's 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 ●● 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 Freeholders 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 Aldemen 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 only 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 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 publick 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 publick Maintenance by Grant of Parliament . 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 thereof 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 Vsage 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 Profession , 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 , wiehin these Rules : I. That there is a GOD. II. That GOD is publickly to be Worshipped . III. That it is lawful , and the Duty of every Man , being thereunto called by those that Govern , to bear Witness to Truth ; and that every Church or Profession shall in their Terms of Communion set down the external Way whereby they witness a Truth as in the Presence of GOD , whether it be by laying Hands on , or kissing the Bible , as in the Church of England , or by holding up the Hand , or any other sensible Way . § . 101. No Person above seventeen Years of Age , shall have any Benefit or Protection of the Law , or be capable of any Place of Profit or Honour , which 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 of any other Church or Profession , shall disturb or molest any Religious Assembly . § . 103. No Person whatsoever , shall speak anything in their Religions Assembly , irreverently or seditiously , of the Government or Governours , 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 Judicature , without a Jury 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 Penny , 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 , Minerals , Quarries of Gems , 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 Proprietors , 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 the 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 Council 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 , His Heirs and Successors ; and will be true and faithfull to the Palatine and Lords Proprietors of Carolina , their Heirs and Successors , 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 Register 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. COPY OF THE Fundamental Constitutions OF CAROLINA . Agreed on by all the Lords Proprietors , and Signed and Sealed by them , ( the Original being sent to CAROLINA by Major DANIEL : ) April the Eleventh , 1698. OUR LATE SOVEREIGN LORD KING CHARLES IId , Having out of his Royal Grace and Bounty , granted unto Us , the Province of CAROLINA , with all the Royalties , Properties , 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 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 Proprietors of the Province aforesaid , with the advice and consent of the Landgraves and Cassiques and Commons in this present Parliament assembled , have agreed to this following Form of Government , to be Perpetually establish'd amongst us , unto which we do oblige our selves , our Heirs and Successors , in the most binding ways that can be devised . 1. THE Proprietor's Court shall consist of the Palatine , and seven Proprietors ; wherein nothing shall be acted without the Presence and Consent of the Palatine , and three others of the Lords Proprietors : This Court shall have Power to call and dissolve Parliaments , to pardon all Offences , to make Elections of all Offices in the Proprietor's Disposal , 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 Parliament . And shall have all Power 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 . 2. DURING the Absence of the Palatine and Proprietors from Carolina , the Governour , commissionated by the Proprietors , together with their respective Deputies , shall be the Proprietor's Court there , and shall have all the Powers above mentioned , excepting in pardoning Offences , and constituting Port-Towns . 3. IN the Proprietor's Court , the Palatine , and any three of the Proprietors or the Governour , and any three of the Proprietor's Deputys shall make a Quorum . 4. 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. 5. DURING the Minority of any Proprietor , his Guardian shall have Power to constitute and appoint his Deputy . 6. THERE shall be a Parliament , consisting of the Proprietors or their Deputies , by themselves , the Landgraves and Cassiques in the upper House , and the Freeholders out of every County , to be chosen by the Freeholders of the said County , respectively ; together with the Citizens and Burgesses , to be elected by the Cities and Borroughs ( which shall be hereafter created ) in the Lower House . 7. AND since all Power and Dominion is most naturally founded in Property , and that it is reasonable that every Man , who is empowered to dispose of the Property and Estate of others , should have a Property of his own , whereby he is tyed in Interest to the Good and Welfare of that Place and Government , whereby he is entrusted with such Power ; it is therefore declared and appointed , That no Person shall be admitted , or shall continue to sit or vote in Parliament as a Landgrave , who has not actually taken up , and has in his Possession at least , _____ Acres , part of the Land granted him in his Patent and _____ Slaves , or in the Possession of his Tennants , _____ Acres of Land. And whose real and personal Estate shall not be worth at least , _____ Pounds : Nor as a Cassique to sit or vote in Parliament , who has not actually taken up , and has in his Possession at least , _____ Acres , Part of the Land granted him in his Patent and _____ Slaves , or in the Possession of his Tenants _____ Acres of Land. And whose real and personal Estate shall not be worth at least , _____ Pounds 8. NO Person shall be admitted , or continue to sit or vote in Parliament as a Representative of the Commons of Carolina , who is not possess'd of at least , _____ Acres of Land : And whose real and personal Estate is not worth _____ Pounds . 9. NO Person shall be capable of giving his Voice for the Election of a Member to serve in Parliament , that is not actually possess'd of _____ Acres of Land , and is a Housholder , and has a Family , and whose real and personal Estate does not amount to _____ Pounds . 10. THE present Number of the Representatives of the Commons shall be _____ who ( as the Country shall encrease ) shall also proportionably be encreased , if the Commons do so desire , but shall in no future Time be encreased , beyond one hundred . 11. AND pursuant to that just Maxim of Government above mentioned , and for the Preservation of the Ballance of Power , according to the Proportion of the Property , it is declared and appointed , That the Number of the Representatives of the People to be sent from any County or Place , shall be more or less , according to the Charges born , and Money paid by each Respective Division of the Country , in the last General Assessment foregoing such Election . 12. THE Landgraves and Cassiques who compose the Upper-House , shall not at any time exceed half the Number of the Commons . 13. THE Landgraves and Cassiques shall be created by the Lords Proprietors Letters Patents , under their Great Seal , by the joynt Election of the Proprietors , or a Quorum of them , which shall be the Hereditary Nobility of the Province of Carolina ; and by Righ● of their Dignity , be Members of the Upper-House of Parliament , each Landgrave shall have _____ Acres of Land , to be taken up in _____ several Counties and each Cassique _____ Acres of Land to be taken up in _____ several Counties , and the said Honour and Dignity shall descend to the Eldest Son , unless by Deed or Will Devis'd to any other of the Sons , or for want of Sons to the Eldest Daughter ; unless as aforesaid ; and for want of such to the next Heir ( unless devised as aforesaid by Deed or Will ) to be attested by Three credible Witnesses , whereof one at least to be of the Nobility ) to any other Person . 14. AND to the End , that such an Order of Persons being made Noble , and invested with great Powers and Privileges , whereby to engage them in a more particular Affection towards this Settlement and Country of Carolina , may not fall into Contempt , or be any ways injurious to the Constitution of the Government , It is Declared and Appointed that whatsoever Landgrave or Cassique , his Heirs and Successors , shall not be qualified as in Article 7th , and so be excluded from the aforesaid Priviledge of Sitting and Voting in the Upper House , and shall continue defective in the said Qualification for the space of Forty Years successively , such Landgrave or Cassique , his Heirs and Successors shall from thenceforth be for ever utterly Excluded , and his or their Dignity , Honour , Priviledge and Title of Landgrave or Cassique shall cease and be utterly lost , and the Letters Patents of Creation of such Dignity shall be vacated . 15. AND in order to the due Election of Members for the Biennial Parliament , it shall be lawful for the Freeholders of the respective Precinct to meet the first Tuesday in September every Two Years , in the same Town or Place they last met in , to choose Parliament-Men , and there to choose those Members that are to sit ▪ next November following , unless the Proprietors Court shall by sufficient Notice _____ Days before , appoint some other Place for their Meeting . 16. 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 Proprietors Court in Carolina they be summoned to meet at any other Place , and if there shall be Occasion of a Parliament in these Intervals , it shall be in the power of the Proprietors Court to assemble them in _____ Days Notice , and at such Time and Place , as the Court shall think fit . 17. 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 the Proprietors , and the Members then present , shall subscribe ; Nor shall any Person whatsoever Sit or Vote in the Parliament , till he has in that Session subscrib'd these Fundamental Constitutions , in a Book kept for that purpose , by the Clerk of the Parliament . 18. ANY Act or Order of Parliament that is Ratifyed in Open Parliament , during the same Session , by the Governor and Three more of the Lords Proprietors Deputies , shall be in Force , and continue till the Palatine himself and Three more of the Lords Proprietors themselves signifie their Dissent to any of the said Acts or Orders , under their Hands and Seals . But if Ratified under their Hands and Seals , then to continue according to the time limited in such Act. 19. THE whole Province shall be divided into Counties by the Parliament . 20. NO Proprietor , Landgrave or Cassique , shall hereafter take up a Signory or Barony that shall exceed Four Thousand Acres or thereabouts for a Proprietor or Landgrave ; and Two Thousand Acres or thereabouts , for a Cassique in one County . 21. NO Cause , whether Civil or Criminal , of any Freeman , shall be tryed in any Court of Judicature , without a Jury of his Peers . 22. NO Landgrave or Cassique shall be tryed for any Criminal Cause in any but the Chief Justices Court , and that by a Jury of his Peers , unless a sufficient Number of such cannot be legally had , and then to be supplyed by the best and most sufficient Free-holders . 23. IF upon the Decease of the Governor , no Person be appointed by the Lords Proprietors to succeed him , then the Proprietor's Deputies shall meet and choose a Governor , till a new Commission be sent from the Lords Proprietors , under their Hands and Seals . 24. BALLOTTING shall be continued in all Elections of the Parliament , and in all other Cases where it can conveniently be used . 25. NO Man shall be permitted to be a Freeman of Carolina , or to have any Estate or Habitation within it , that does not acknowledge a GOD , and that GOD is publickly and solemnly to be Worshipped . 26. 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 publick 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 the King's Dominions , is so also of Carolina , and therefore it alone shall be allowed to receive publick Maintenance by Grant of Parliament . 27. 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 . 28. 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 shall be kept by the publick Register of the Precinct wherein they reside . 29. THE Time of every one's Subscription and Admittance , shall be dated in the said Book of Religious Records . 30. 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 sensible way . 31. NO Person above Seventeen Years of Age , shall have any Benefit or Protection of the Law , or be capable of any Place of Profit or Honour , who is not a Member of some Church or Profession , having his Name recorded in some one , and but one Religious Record at once . 32. NO Person of any Church or Profession shall disturb or molest any Religious Assembly . 33. NO Person whatsoever shall speak any thing in their Religious Assembly , irreverently or seditiously of the Government or Governour , or of State-Matters . 34. ANY Person subscribing the Terms of Communion in the Records 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 . 35. ANY Person striking out his own Name out of any Religious Records , 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 . 36. NO Man shall use any reproachful , reviling or abusive Language against the Religion of any Church of Profession , that being the certain Way of disturbing the Peace , and of hindering 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 may be brought to assent to . 37. 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 had over him , but be in all other Things in the same State and Condition he was in before . 38. ASSEMBLYS 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 . 39. NO Person whatsoever shall disturb , molest or prosecute another for his Speculative Opinions in Religion , or his way of Worship . 40. EVERY Freeman of Carolina shall have Absolute Power and Authority over his Negro Slave , of what Opinion or Religion soever . 41. ANY Person at his Admittance into any Office or Place of Trust whatsoever , shall subscribe these Fundamental Constitutions in this Form : I A. B. do promise to bear Faith and true Allegiance to our Soveraign Lord King WILLIAM , and will be true and faithful to the Palatine and Lords Proprietors of Carolina , their Heirs and Successors , and with my utmost Power will defend them , and maintain the Government according to this Establishment , in these Fundamental Constitutions . THESE Fundamental Constitutions in Number Forty One , and every Part thereof shall be and remain the Inviolable Form and Rule of Government of Carolina , for Ever . Witness our Hands and Seals , this Eleventh Day of April , 1698. BATH PALATINE . A. Ashley . CRAVEN . BATH for the Lord Carterett . William Thornburgh for Sir John Colleton . Tho. Amy. William Thornburgh . FINIS .