An Historical Account of the Rise and Progress of the Colonies of South Carolina And Georgia Volume I Part 14

XLIX. In all the proprietors courts, the proprietor, and any three of his counsellors, shall make a quorum; provided always, that, for the better dispatch of business, it shall be in the power of the Palatine's court, to direct what sort of causes shall be heard and determined by a quorum of any three.

L. The grand council shall consist of the Palatine and seven proprietors, and the forty-two counsellors of the several proprietors courts, who shall have power to determine any controversies that may arise between any of the proprietors courts, about their respective jurisdictions, or between the members of the same court, about their manner and methods of proceeding; to make peace and war, leagues, treaties, &c. with any of the neighbour Indians; to issue out their general orders to the constable's and admiral's courts, for the raising, disposing, or disbanding the forces, by land or by sea.

LI. The grand council shall prepare all matters to be proposed in parliament. Nor shall any matter whatsoever be proposed in parliament, but what hath first pa.s.sed the grand council; which, after having been read three several days in the parliament, shall by majority of votes be pa.s.sed or rejected.

LII. The grand council shall always be judges of all causes and appeals that concern the Palatine, or any of the Lords Proprietors, or any counsellor of any proprietor's court, in any cause, which otherwise should have been tried in the court in which the said counsellor is judge himself.

LIII. The grand council, by their warrants to the treasurer's court, shall dispose of all the money given by the parliament and by them directed to any particular public use.

LIV. The quorum of the grand council shall be thirteen, whereof a proprietor or his deputy shall be always one.

LV. The grand council shall meet the first Tuesday in every month, and as much oftener as either they shall think fit, or they shall be convocated by the chamberlain's court.

LVI. The Palatine, or any of the Lords Proprietors, shall have power under hand and seal, to be registered in the grand council, to make a deputy, who shall have the same power to all intents and purposes as he himself who deputes him; except in confirming acts of parliament, as in Paragraph LXXVI, and except also in nominating and chusing landgraves and ca.s.siques, as in Paragraph X. All such deputations shall cease and determine at the end of four years, and at any time shall be revocable at the pleasure of the deputator.

LVII. No deputy of any proprietor shall have any power whilst the deputator is in any part of CAROLINA, except the proprietor, whose deputy he is, be a minor.

LVIII. During the minority of any proprietor his guardian shall have power to const.i.tute and appoint his deputy.

LIX. The eldest of the Lords Proprietors, who shall be personally in CAROLINA, shall of course be the Palatine's deputy, and if no proprietor be in CAROLINA, he shall chuse his deputy out of the heirs apparent of any of the proprietors, if any such be there; and if there be no heir apparent of any of the Lords Proprietors above one and twenty years old in CAROLINA, then he shall chuse for deputy any one of the landgraves of the grand council; and till he have by deputation under hand and seal chosen any one of the forementioned heirs apparent or landgraves to be his deputy, the eldest man of the landgraves, and, for want of a landgrave, the eldest man of the ca.s.siques, who shall be personally in CAROLINA, shall of course be his deputy.

LX. Each proprietor's deputy shall be always one of his own six counsellors respectively; and in case any of the proprietors hath not, in his absence out of CAROLINA, a deputy, commissioned under his hand and seal, the eldest n.o.bleman of his court shall of course be his deputy.

LXI. In every county there shall be a court, consisting of a sheriff, and four justices of the county, for every precinct one. The sheriff shall be an inhabitant of the county, and have at least five hundred acres of freehold within the said county; and the justices shall be inhabitants, and have each of them five hundred acres a-piece freehold within the precinct for which they serve respectively. These five shall be chosen and commissioned from time to time by the Palatine's court.

LXII. For any personal causes exceeding the value of two hundred pounds sterling, or in t.i.tle of land, or in any criminal cause; either party, upon paying twenty pounds sterling to the Lords Proprietors use, shall have liberty of appeal from the county-court unto the respective proprietor's court.

LXIII. In every precinct there shall be a court consisting of a steward and four justices of the precinct, being inhabitants, and having three hundred acres of freehold within the said precinct, who shall judge all criminal causes; except for treason, murder, and any other offences punishable with death, and except all criminal causes of the n.o.bility; 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 t.i.tle of land, and in all criminal causes; there either party, upon paying five pounds sterling to the Lords Proprietors use, shall have liberty of appeal to the county-court.

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

LXV. For treason, murder, and all other offences punishable with death, there shall be a commission, twice a year at least, granted onto one or more members of the grand council or colleges, who shall come as itinerant judges to the several counties, and with the sheriff and four justices shall hold a.s.sizes to judge all such causes; but, upon paying of fifty pounds sterling to the Lords Proprietors use, there shall be liberty of appeal to the respective proprietor's court.

LXVI. The grand jury at the several a.s.sizes, shall, upon their oaths, and under their hands and seals, deliver in to the itinerant judges a presentment of such grievances, misdemeanors, exigences, or defects, which they think necessary for the public good of the county; which presentments shall, by the itinerant judges, at the end of their circuit, be delivered in to the grand council at their next sitting. And whatsoever therein concerns the execution of laws already made; the several proprietors courts, in the matters belonging to each of them respectively, shall take cognizance of it and give such order about it, as shall be effectual for the due execution of the laws. But whatever concerns the making of any new law, shall be referred to the several respective courts to which that matter belongs, and be by them prepared and brought to the grand council.

LXVII. For terms, there shall be quarterly such a certain number of days, not exceeding one and twenty at any one time, as the several respective courts shall appoint. The time for the beginning of the term, in the precinct-court, shall be the first Monday in January, April, July, and October; in the county-court, the first Monday in February, May, August, and November, and in the proprietors courts, the first Monday in March, June, September, and December.

LXVIII. In the precinct-court no man shall be a jury-man under fifty acres of freehold. In the county-court, or at the a.s.sizes, no man shall be a grand jury-man under three hundred acres of freehold; and no man shall be a petty jury-man under two hundred acres of freehold. In the proprietors courts no man shall be a jury-man under five hundred acres of freehold.

LXIX. Every jury shall consist of twelve men; and it shall not be necessary they should all agree, but the verdict shall be according to the consent of the majority.

LXX. It shall be a base and vile thing to plead for money or reward; nor shall any one (except he be a near kinsman, not farther off than cousin-german to the party concerned) be permitted to plead another man's cause, till, before the judge in open court, he hath taken an oath, that he doth not plead for money or reward, nor hath nor will receive, nor directly nor indirectly bargained with the party, whose cause he is going to plead; for money or any other reward for pleading his cause.

LXXI. There shall be a parliament, consisting of the proprietors or their deputies, the landgraves and ca.s.siques, and one freeholder out of every precinct, to be chosen by the freeholders of the said precinct respectively. They shall sit all together in one room, and have every member one vote.

LXXII. No man shall be chosen a member of parliament, who hath less than five hundred acres of freehold within the precinct for which he is chosen; nor shall any have a vote in chusing the said member that hath less than fifty acres of free-hold within the said precinct.

LXXIII. A new parliament shall be a.s.sembled the first Monday of the month of November every second year, and shall meet and sit in the town they last sat in, without any summons, unless by the Palatine's court they be summoned to meet at any other place. And if there shall be any occasion of a parliament in these intervals, it shall be in the power of the Palatine's court to a.s.semble them in forty days notice, and at such time and place as the said court shall think fit; and the Palatine's court shall have power to dissolve the said parliament when they shall think fit.

LXXIV. At the opening of every parliament, the first thing that shall be done, shall be the reading of these FUNDAMENTAL CONSt.i.tUTIONS, 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 CONSt.i.tUTIONS, in a book kept for that purpose by the clerk of the parliament.

LXXV. In order to the due election of members for the biennial parliament, it shall be lawful for the freeholders of the respective precincts to meet the first Tuesday in September every two years, in the same town or place that they last met in, to chuse parliament-men; and there chuse those members that are to sit the next November following, unless the steward of the precinct shall, by sufficient notice thirty days before, appoint some other place for their meeting, in order to the election.

LXXVI. No act or order of parliament shall be of any force, unless it he ratified in open parliament during the same session, by the Palatine or his deputy, and three more of the Lords Proprietors or their deputies; and then not to continue longer in force but until the next biennial parliament, unless in the mean time it be ratified under the hands and seals of the Palatine himself, and three more of the Lords Proprietors themselves, and by their order published at the next biennial parliament.

LXXVII. Any proprietor or his deputy may enter his protestation against any act of the parliament, before the Palatine or his deputy's consent be given as aforesaid; if he shall conceive the said act to be contrary to this establishment, or any of these FUNDAMENTAL CONSt.i.tUTIONS of the government. And in such case, after full and free debate, the several estates shall retire into four several chambers; the Palatine and proprietors into one; the landgraves into another; the ca.s.siques 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 CONSt.i.tUTIONS of the government, then it shall pa.s.s no farther, but be as if it had never been proposed.

LXXVIII. The quorum of the parliament shall be one half of those who are members, and capable of fitting in the house that present session of parliament. The quorum of each of the chambers of parliament shall be one half of the members of that chamber.

LXXIX. To avoid multiplicity of laws, which by degrees always change the right foundations of the original government, all acts of parliament whatsoever, in whatsoever form pa.s.sed or enacted, shall, at the end of an hundred years after their enacting, respectively cease and determine of themselves, and without any repeal become null and void, as if no such acts of laws had ever been made.

Lx.x.x. Since multiplicity of comments, as well as of laws, have great inconveniences, and serve only to obscure and perplex; all manner of comments and expositions on any part of these FUNDAMENTAL CONSt.i.tUTIONS, or any part of the common or statute law of CAROLINA, are absolutely prohibited.

Lx.x.xI. There shall be a registry in every precinct, wherein shall be enrolled all deeds, leases, judgments, mortgages, and other conveyances, which may concern any of the land within the said precinct; and all such conveyances not so entered or registered, shall not be of force against any person nor party to the said contract or conveyance.

Lx.x.xII. No man shall be register of any precinct, who hath not at least three hundred acres of freehold within the said precinct.

Lx.x.xIII. 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.

Lx.x.xIV. 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.

Lx.x.xV. No man shall be register of a colony, that hath not above fifty acres of freehold within the said colony.

Lx.x.xVI. The time of every one's age, that is born in CAROLINA, shall be reckoned from the day that his birth is entered in the registry, and not before.

Lx.x.xVII. No marriage shall be lawful, whatever contract and ceremony they have used, till both the parties mutually own it before the register of the place where they were married, and he register it, with the names of the father and mother of each party.

Lx.x.xVIII. No man shall administer to the goods, or have right to them, or enter upon the estate of any person deceased, till his death be registered in the respective registry.

Lx.x.xIX. He that doth not enter in the respective registry the birth or death of any person that is born or dies in his house or ground, shall pay to the said register one shilling per week for each such neglect, reckoning from the time of each birth or death respectively, to the time of registering it.

XC. In like manner the births, marriages, and deaths of the Lords Proprietors, Landgraves, and Ca.s.siques, shall be registered in the chamberlain's court.

XCI. There shall be in every colony one constable to be chosen annually by the freeholders of the colony; his estate shall be above a hundred acres of freehold within the said colony, and such subordinate officers appointed for his a.s.sistance as the county-court shall find requisite, and shall be established by the said county-court. The election of the subordinate annual officers shall be also in the freeholders of the colony.

XCII. All towns incorporate shall be governed by a Mayor, twelve Aldermen, and twenty-four of the common-council. The said common-council shall be chosen by the present housholders of the said town; the aldermen shall be chosen out of the common-council; and the mayor out of the aldermen, by the Palatine's court.

XCIII. It being of great consequence to the plantation, that Port-Towns should be built and preserved; therefore, whosoever shall lade or unlade any commodity at any other place but a Port-Town, shall forfeit to the Lord's Proprietors for each run so laden or unladen, the sum of ten pounds sterling; except only such goods as the Palatine's court shall license to be laden or unladen elsewhere.

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

XCV. No man shall be permitted to be a freeman of CAROLINA, or to have any estate or habitation within it, that doth not acknowledge a G.o.d; and that G.o.d is publicly and solemnly to be worshipped.

XCVI. [As the country comes to be sufficiently planted and distributed into fit divisions, it shall belong to the parliament to take care for the building of churches, and the public maintenance of divines, to be employed in the exercise of religion, according to the church of England; which being the only true and orthodox, and the national religion of all the king's dominions, is so also of CAROLINA; and therefore it alone shall be allowed to receive public maintenance, by grant of parliament].[2]

[2] This article was not drawn up by Mr. LOCKE; but inserted by some of the chief of the proprietors, against his judgment; as Mr. LOCKE himself informed one of his friends, to whom he presented a copy of these Const.i.tutions.

XCVII. But since the natives of that place, who will be concerned in our plantation, are utterly strangers to Christianity, whose idolatry, ignorance, or mistake, gives us no right to expel, or use them ill; and those who remove from other parts to plant there, will unavoidably be of different opinions concerning matters of religion, the liberty whereof they will expect to have allowed them, and it will not be reasonable for us on this account to keep them out; that civil peace may be maintained amidst the diversity of opinions, and our agreement and compact with all men may be duly and faithfully observed; the violation whereof, upon what pretence soever, cannot be without great offence to almighty G.o.d, and great scandal to the true religion, which we profess; and also that Jews, Heathens, and other dissenters from the purity of Christian religion, may not be scared and kept at a distance from it, but, by having an opportunity of acquainting themselves with the truth and reasonableness of its doctrines, and the peaceableness and inoffensiveness of its professors, may by good usage and persuasion, and all those convincing methods of gentleness and meekness suitable to the rules and design of the gospel, be won over to embrace and unfeignedly receive the truth; therefore any seven or more persons agreeing in any religion, shall const.i.tute a church or profession, to which they shall give some name, to distinguish it from others.