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and from the manor-court to the precindl-court.

XVII. Every manor fliall confift of not lefs thaa
three thouiiuid acres, and not above twelve thoufand
acres in one entire piece and colony : but any three
thoufand acres or more in one piece, and the pofTeirioii
of one man, fhall not be a manor, unlefs it be confli-
tuted a manor by the grant of the palatine's court.

XVIII. The lords of iigniories and baronies fliall
have power only of granting eftates not exceeding three
lives, or thirty-one years, in tvv'o-thirds of the faid
Iigniories or baronies, and the remaining third fhall be
always demefnc.

XiX. Any lord of a manor may alienate, fell, or dif-
pofe to any other perfon and his heirs for ever, his
rnanor, all entirely together, with all the privileges and
ket-mcn thereunto belonging, io far forth as any

" N z colony

i8o Ihe Lazvs of Carolinti.

colony lands ; but no grant of any part thereof, cither
in fee, or for any longer term than three lives, or onc-
and-twcnty years, fhall be good againfl: the next heir.

XX. No manor, for want of iirue-male, fhall be di-
vided amongfl: coheirs ; but the manor, if there be but
one, (hall all entirely defcend to the eldeil daughter and
her heirs. If there be more manors than one, the eldefi:
daughter firfl fliall have her choice, the fecond next, and
fo on, beginning again at the eldefi, till all the manors be
taken up; that fo the privileges, which belong to ma-
nors bemg indivifible, the lands of the manors, to which
they are annexed, may be kept entire, and the manor not
lofc thofe privileges, which, upon parcelling out to
feveral owners, mufl necefTarily ceafe.

XXI. Every lord of a manor, withm his manor, fliall
have all the powers, jurifdictions, and privileges, which
a landgrave or callique hath in his baronies.

XXII. In every figniory, barony, and manor, all the
lect-men fhall be under thejurifdiction of the refpcdive
lords of the faid figniory, barony, or manor, without
appeal from him. Nor fhall any leet-man, or Icet-
woman, have liberty to go off from the land of their
particular lord, and live any where elfe, without licence
obtained from their faid lord, under hand and feal.

XXIII. All the children of leet-mcn fhall be Icet-
men, and fo to all generations.

XXIV. No man fliall be capable of having a court-
Icct, or leet-mcn, but a proprietor, landgrave, caHique,
or lord of a manor.

XXV. Whoever Hiall voluntarily enter himfelf a
Icet-man, in the regillry of the count\-court, lliall be
a Ice t- man.

XXVI. Whoever is lord of leet-mcn, fliall upon the
marriage of a Icet-nun, or leet-woman of his, give them
ten acres of land for their lives; they paying to him
theretore not more than one-eighth part of aU the yearly
produce and growth of the faid ten acrc>.

XXVII. No landgrave or callique fliall be tried for
any criminal caufc, in any but the chicf-juflicc's court,
and that bv ajurv (>f hi< peers.


The Lazvs of Carolina. iSr

XXVIII. There fhall be eight fiipreme courts. The
■firft called the palatine's court, coniifting of the palatine,
and the other ]^cwtn proprietors. The other fevea
trourts of the other {t\i:i\ great officers, fhall conlift
each of them of a proprietor, and fix counfellors added
to him. Under each of thefe latter i^wtn courts, fliall
be a college of twelve aflilfants. The twelve affillants
of the feveral colleges fhall be chofen, two out of the
landgraves, cafliques, or eldeft fons of the proprietors,
by the palatine's court; two out of the landgraves, by
the landgraves chamber ; two out of the cafTiques, by
the cafliques chamber ; four more of the tw-elve fliall
be chofen by the commons chamber, out of fuch as have
been, or are members of parliament, fheriffs, or juflices
of the county-court, or the younger fons of proprietors,
or eldeft fons of landgraves or cafliques-; the two other
fliall be chofen by the palatine's court, out of the fame
fort of perfons, out of which the commons chamber is
to choofe.

XXIX. Out of thefe colleges fhall be chofen at firfl
by the palatine's court, fix counfellors, to be joined with
each proprietor in his court; of which fix, one fhall be
of thofe, who were chofen into any of the colleges by
the palatine's court, out of the landgraves, cafTiques,
or eldeft fons of proprietors ; one out of thofe who
were chofen by the landgraves chamber; and one out of
thofe, who were chofen by the caiTiques chamber; two
out of thofu, who were chofen by the commons chamber;
and one out of thofe. who were chofen by the palatine's
court, out of the proprietors younger Ions, or eldeil fons
of landgraves, calnques, or commons, qualified as aiorc-

XXX. When it fliall happen that any counfellor
dies, and thereby there is a vacancy, the grand council
fhall have power to remove any counfellor that is wil-
ling to be removed out of any of the proprietors courts
to lill up the vacancy ; provided they take a man of the
fame degree and choice the other was of, w hofe vacant
place is to be filled up. But if no counfellor confent to
be removed, or upon fuch remove the lalt remaining
•yacant place, in any of the proprietor's courts, fhall be

N 3 iilied

1^2 The Lazvs of Carolina,

filled up by the choice of the grand council, who fhall
have power to remove out of any of the colleges any
airiQant, who is of the fame degree and choice that
counfellor was of, into whofe vacant place he is to fuc-
cccd. The grand council alfo fliall have power to re-
move any allillant, that is willing, out of one college into
another, provided he be of the fame degree and choice.
But the lafl remaining vacant place in any college, fliall
be filled up by the fame choice, and out of the fame de-
gree of perfons the afllllant was of who is dead, or
removed. No place fliall be vacant in any proprietor's
court above fix months. No place Ihall be vacant in
any college longer than the next feffion of parliament.

XXXI. No man, being a member of the grand coun-
cil, or of any of the {c\Qn colleges, ihall be turned out,
but for mifdemcanor, of which the grand council fhall
be judge ; and the vacancy of the pcrfon fo put out
fliall be filled, not by the eledlion of the grand council,
but by thofe, who firfl: chofe him, and out of the fame
degree he was of, who is expelled. But it is not hereby
to be underflood, that the grand council hath any power
to turn out any one of the lords proprietors or their de-

Cuties, the lords proprietors having in themfelvcs an in-
ercnt original right.
XXXil. All elections in the parliament, in the fcve-
ral chambers of the parliament, and in the grand coun-
cil, lliall be pafied by balloting.

XXXllI. The palatine's court fhall confiH: of the
palatme, and feven proprietors, wherein nothing fliall
be acted without the prcfence and confont of the
palatine or his deputy, and three others of the proprie-
tors or their deputies. This court fhiall have power to
call parliaments, to pardon all oflcnces, to make elec-
tions of all ofTicers in the proprietor's difpofe, and to
nominate and appoint port-towns ; and alio iluill have
power by their order to the treafurer, to difpofe of all
public trcafurc, excepting money granted by the parlia-
ment, and by them directed to fome particular public
ufe; and alfo Ihall have a negative upon all ads, orders,
votes, and judgments, of the grand council and the par-
liament, except only as in J vi. and xii. and fliall have


ne Laws of Carolina, i S j

all the powers granted to the lords proprietors, by their
patent from our fovereign lord the king, except in fuch
things as are limited by thefe F'undamental Conftitu-

XXXIV. The palatine himfelf, when he in perfon
fhall be either in the army, or in any of the proprietors
courts, fliall then have the power of general, or of that
proprietor, in whofe court he is then prefent ; and the
proprietor, in whofe court the palatine then prcfides,
ihall during his prefence there be but as one of the

XXXV. The chancellor's court, confiding of one of
the proprietors, and his fix counfellors, who fliall be
called vice-chancellors, fnall have the cuflody of the fcal
of the palatine, under which charters of lands or other-
wife, commiflions and grants of the palatine's court,
Ihall pafs. And it fhali not be lawful to put the fcal of
the palatinate to any writing, which is not figned by the
palatinate or his deputy, and three other proprietors or
their deputies. To this court alfo belong all lltite
matters, difpatches, and treaties with the neighbour
Indians. To this court alfo belong all invafions of the
law, of liberty of confcience, and all difturbances of the
public peace, upon pretence of religion, as alfo the li-
cence of printing. The twelve afTiflanrs belonging to
this court fliall be called recorders.

XXXVI. Whatever palTcs under the feal of the pala-
tinate, fhall be regiifercd in that proprietor's court, to
which the matter therein contained belongs.

XXXVII. The chancellor, or his deputy, (hall be
always fpeaker in parliament, and prefidcnt of the grand
council ; and in his and his deputy's abfence, one of his

XXXVIII. The chief judice's court, confiding of
one of the proprietors and his fix counfellors, who Ihall
be called judices of the bench, fliall judge all appeals in
cafes both civil and criminal, except all fuch cafes as
fliall be under the jurifdiction and cognizance of any-
other of the proprietors courts, which diall be tried in
thofe courts refpcdlivcly. The government and rci^u-
lation of the rcgidrics oi \^•ritings and contracts^ diali

Na be-

1 ^4 ^^^ Zj7C'/ of Carolina.

belong to the jurifdic'tion of this court. The twelve
afTiliants of this court fhali be called maflcrs.

XXXIX. The conllable's court, confiding of one of
the proprietors and his fix counfcllors, who fliall be
^lied marllials, ihall order and determine of all military
artairs by land, and all land-forces, arms, ammunition,
artillery, garrilons and forts, &c. and whatever belongs
unto war. His twelve aflirtants fliall be called lieute-

XL. In time of aclual war, the condable, whilfl he is
in the army, ihall be general of the army ; and the fix
counfellors, or fuch of them as the palatine's court fliall
for that time or fervice appoint, fliall be the immediate
great othccrs under him, and the lieutenant-generals
next to them.

XLI. The admiral's court, confining of one of the
proprietors, and his fix counfellors, called confuls, fhall
have the care and infpeclion over all ports, moles, and
navigable rivers, fo far as the tide flows, and alfo all the
public fhipping of Carolina, and llores thereunto be-
longing, and all maritime affairs. This court alfo (hall
have the power of the court of ad mi rait v ; and fliall have
power to conftitute judges in port-towns, to try cafes
belonging to law-merchant, as fliall be moft convenient
for trade. The twelve affiflanis, belonging to this
court, fliall be called proconfuls.

XLII. In time of acflual war, the admiral, whilll he
is at fca, fhall conmiand in chief, and his lix counfel-
lors, or fuch of them as the palatine's court Ihall for that
time and fervice appoint, fliall be the immediate great
officers under him, and the proconfuls next to them.

XLIII. The trcafurer's court, confifling of a pro-
prietor and his fix counfellors, called under-treafurers,
fhall take care of all matters that concern the public
revenue and trcafuiy. The twelve afliftants lliall bo
called auditors.

XLIV. The high fleward's court, confilling of a
proprietor and his fix counfellors, called comptrollers,
ftiall have the care of all foreign and domeflic trade,
manufactures, public buildings, work-houfcs, highways,
paffagrs by water above the flood of the tide, drains,


ne Laws of Carolina, 185

fcwcrs, and banks againfl inundations, bridges, poll,
carriers, fairs, markets, corruption or infcdtion of the
common air or water, and all things in order to the
public commerce and health; alfo letting out and fur-
veying of lands ; and alfo fetting out and appointing
places for towns to be built on in the prccindls, and the
prefcribing and determining the figure and bignefs of
the faid towns, according to fuch models as the faid
court fhall order; contrary or differing from which mo-
dels it fhall not be lawful for any one to build in any
town. This court lliall have power alfo to make any
public building, or any new highway, or enlarge any old
highway, upon any man's land whatfoevcr ; as affo to
make cuts, channels, banks, locks, and bridges, for
making rivers navigable, or for draining fens, or any
other public ufe. The damage the owner of fuch lands,
(on or through which any fuch public things fhall be
made) fliall receive thereby, fhall be valued, and fatif-
fddion made by fuch ways as the grand council fliall
appoint. The twelve alTiflants, belonging to this court,
fliall be called furveyors.

XLV. The chamberlain's court, confifling of a pro-
prietor and his lix counfellors, called vice-chamberlains,
fhall have the care of all ceremonies, precedency, he-
raldry, reception of public mefTcngers, pedigrees, the
regiffry of all births, burials, and marriages, Icgitima-
•tion, and all cafes concerning matrimony, or arifing
from it ; and fhall alfo have power to regulate all
fafhions, habits, badges, games, and fports. To this
court alfo it fhall belong to convocate the grand coun-
cil. The twelve alFiftants belonging to this court fliall
be called provofts.

XLVI. All caufes belonging to, or under the jurif-
didlion of any of the proprietors courts, lliall in'thcni
refpcdi vely be tried, and ultimately determined without
any farther appeal.

XLVII. The proprietors courts fliall have a power
to mitigate all fines, and fufpcnd all executions in cri-
minal caufes, either before or after fcntcnce, in any of
tho, other inferiour courts refpcdivelv.


1 86 '^1^^ Lazvs of Carolina,

XLVIII. In all debates, hearings, or trials, in any of
the proprietors courts, the twelve ainfiants belonging to
the laid courts refpedively, fliall have liberty to be pre-
ftnt, but (hall not interpoie, unlefs their opinions be re-
quired, nor have any vote at all; but their bufinefs fliall
be, by the direction of the refpcclive courts, to prepare
fuch bulinels as iliall be committed to them; as alfo to
bear fuch ofllccs, and difpatch fuch atlairs, either where
the court is kept, or circw here, as the court Ihall think


XLIX. In all the proprietors courts, the proprietor,
and any three of his counfcllors, iliall make a quorum ;
provided always, that for the better difpatch of bulinefs,
it Ihall be in the power of the palatine's court, to dired:
what fort di caufcs fliall be heard and determined by a
quorum of any three.

L. The grand council ftiall confift of the palatine and
fevcn proprietors, and the forty-two counfcllors of the
fevcral proprietors courts, w ho fhall have power to de-
termine any controverfics that may arife between any of
the pro|-)rictor's courts, about their refpective jurifdic-
tions, or between the members of the fame court, about
their manner and methods of proceeding; to make peace
and war, leagues, treaties, <5cc. with any of the neighbour
Indians; to iffue out their general orders to the confla-
ble's and admiraTs courts, for the raifmg, difpofmg, or
ditbanding the forces, by land or by fca.

LI. The grand council fliall prepare all matters to be
propofed in parliament. Nor Ihall any matter whatfo-
cvcr be propofed in parliament, but what hath iirft
paifed the grand council ; which, after having been read
three feveral da\s in the parliament, Ihall by majority of
votes be paifed or rejected.

LI I. I he grand council Ihall always be judges of all
caufes and appeals that concern the [xilatine, or any of
the lords proprietors, or any counfcllor of any proprie-
tor's court, m any caufc, which othcrwife ihould have
been tried in the court, in which the laid counfcllor is
jud^e himlelf.

LI 1 1. The grand council, by their warrants to the
trcafurcr's court, Hull difpv)fc of all the money given by


^hc Lazi'S of Carolina, 187

the parliament, and by them diredlcd to any particular
public ufe.

LIV. The quorum of the grand council lliall be thir-
teen, whereof a proprietor, or his deputy, fliall be al-
ways one.

LV. The grand council fhall meet the firft Tucfday in
every month, and as much oftener as either they fhall
think fit, or they fliall be convocated by the chamberlain':^

LVI. The palatine, or any of the lords proprietors,
fliall have power, under hand and feal, to be rcgiltered
in the grand council, to make a deputy, who fliall have
the fame power, to all intents and purpofcs, as he him-
felf who deputes him ; except in confirming adls of
parliament, as in § ixxvi, and except alfo in nominat-
ing and choofing landgraves and cafliques, as in§ x. All
fuch deputations fhall ceafe and determine at the end of
four years, and at any time fliall be revocable at the plea-
fure of the deputator.

LVIL No deputy of any proprietor fhall have any
power, whilft the deputator is in any part of Carolina,
except the proprietor, whofe deputy he is, be a minor.

LVIII. During the minority of any proprietor, his
guardian fliall have power to conftitute and appoint his

LIX. The eldeft of the lords proprietors, who (liall
be perfonally in Carolina, fliall of courfe be the pala-
tine's deputy, and if no proprietor be in Carolina, he
fliall choofe his deputy out of the heirs-apparent of any
of the proprietors, if any fuch 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 ihall
chooie for deputy any one of the landgraves of the grand
council : till he have, by deputation, under hand and
feal, chofen any one of the fore-mentioned heirs ap-
parent, or landgraves, to be his deputy, the cldcft man
of the landgraves, and for v/ant of a landgrave, the eldeft
man of the cafTiques, who fliall be perfonally in Carolina,
fhall of courfe be his deputy.

LX. Each proprietor's deputy fliall be always one of
his own fix counfeliors refpcCtively ; and m cafe any of


i88 ne iLazi'S nf Carolina.

the proprietors hath not, in liis abfcnce out of Carolina,
a deputy, conimillioncd under his hand and feal, tlie
eldeft nobleman of his court Ihall of courfe be his

LXI. In every county there fliall be a court, con-
fiding of a flu riff and four juflices of the county, for
every precinct one. The llieriif fhall be an inhabitant
of the county, and have at lead five hundred acres of
freehold within the faid county ; and the juftices fhall
be inhabitants, and have each of them five hundred
acres a-piece freehold within the precinct, for \vhich
they ferve refpcdively. Thefc five fliall be chofen and
commilFioned from time to time by the palatine's court.

LXI I. For any perfonal caufes exceeding the value of
two hundred pounds flerling, or in title of land, or in
any criminal caufe: either party, upon paying t\^cnty
pounds flerling to the lords proprietors ufe, fhall have
liberty of appeal from the county-court unto the re-
fpeclive proprietor's court.

LXIII. In every precincl: there fliall be a court, con-
fifling of a llcward and four juflices of the precind-,
being inhabitants, and having three hundred acres of
freehold within the faid precincf^-, who fhall judge all
criminal caufes ; except for treafon, murder, and any
other olTcnces punifliable with death, and except all
criminal caufes of the nobility ; and fliall judge alfo all
civil caufes whatfocver; and in all perfonal actions, not
exceeding fifty pounds flerling, v. ithout appeal ; but
where the caufe fhall exceed tliat value, or concern a
title of land, and in all criminal caufes ; there either
party, upon paying five pouniis flerling to the lords
proprietors ufe, Ihall have liberty of appeal to the

LXIV. No caufe fliall be twice tried in any one
court, upon any rcalbn or pretence whatibever.

LXV. For treafon, murder, and all other oflences
puniihable with death, there fliall be a commiflion,
twice a year, at leafl, granted unto one or more mem-
bers of the grand council, or colleges, w ho Ihall come
as itinerant judges to the fcveral counties, and, with tlic
fherifT and four juflices, fliall hold ailizes to judge all


ne Laws of Carolina, 1S9

fuchcaufes; but, upon paying of fifty pounds flerling
to the lords proprietors ufe, there lliall be liberty of ap-
peal to the refpedive proprietor's court.

LXVI. The grand jury at the feveral aflizes fhall,
upon their oaths, and under their hands and feals, de-
liver in to the itinerant judges a prefentment of fuch
grievances, mifdemeanors, exigencies, or defects, which
they think necefTary for the public good of the coun-
try ; which prefentments fhall, by the itinerant judges,
at the end of their circuit, be delivered in to the grand
council at their next fitting. And whatfoever thereia
concerns the execution of laws already made, the feveral
proprietors courts, in the matters belonging to each of
them refpedively, fliall take cognizance of it, and give
fuch order about it as fhall be effedlual for the due exe-
cution of the laws. But whatever concerns the making
of any new law, fnall be referred to the feveral refpcdtive
courts to which that matter belongs, and be by them
prepared and brought to the grand council.

LXVII. For terms, there fliall be quarterly fuch a
certain number of days, not exceeding one and twenty
at any one time, as the feveral refpecftive courts fliall
appoint. The time for the beginning of the term, in the
precindl-court, fhall be the firfl Monday in January,
April, July, and Odober ; in the county-court, the firft
Monday in February, May, Auguft, and November;
and in the proprietors courts, the firfl: Monday in March,
June, September, and December.

LXVIII. In the precind-court no man fhall be a
jury-man under fifty acres of freehold. In the county-
court, or at the allizes, no man fliall be a grand jury-
man under three hundred acres of freehold ; and no man
fhall be a petty jury-man under two hundred acres of
freehold. In the proprietors courts no man fliall be a
jury-man, under five hundred acres of freehold.

LXIX. Every jury fhall confi ft of twelve men; and
it fliall not be neceflary they fhould all agree, but the
verdid: fliall be according to the confent of the majority.

LXX. It lliall be a bale and vile thing to plead for
money or reward ; nor fhall any one (except he be a
near kinfman, not farther oif than coufin-gcrman to the


i^o ^' he Laws of Carolina,

party concerned) be permitted to plead another man'.?
caul'e, till before the judge, in open court, he hath
taken an oath, that he doth not plead for money or re-
gard, nor hath, nor \vill receive, nor directly, nor indi-
rectly, bargained uith the party whofe caufe he is going
to plead, for money or any other reward, for pleading
his can fc.

LXXI. There Hiall be a parliament, confiding of the
proprietors, or their deputies, the landgraves and caf-
fiqucs, and one freeholder out of every prccind:, to be
chofcn by the freeholders of the faid precindt refpective-
ly. They (hall fit all together in one room, and have
every member one vote.

LXXII. No man fliall be chofen a member of parlia-
ment who hath lefs than five hundred acres of freehold
within the prccind, for which he is chofen ; nor fliali
any have a vote in choofing the faid member that hath
lefs than fifty acres of freehold within the faid precind.

LXXI II. A new parliament fliall be afTcmbled the
firft Monday of the month of November every fecond
year, and Ihall meet and fit in the town they lail fat in,
without any fummons, unlefs, by the palatine's court,
they be fummoncd to meet at any other place. And it
there Ihall -he any occafion of a parliament in thcfc in-
tervals, it ihall be in the poMcr of the palatine's court
to aflbmblethcm in forty days notice, and at fuch time
and place as the faid court Ihall think fit; and the pala-
tine's court fliall have power to diliblve the faid parlia-
ment when they lliall think fit.

t.XXIV. At the opening of even' parliament, the firfl
thing that fl^ill be done, lliall be the reading of thefc
lundamcnial Conflitutions, which the palatine and pro-
pri( tors, and the reil of the members then prefenr, Ihall
lubfi ribc. Nor fludl any perfon w hatloever lit or vott!-
in the parliamcni, till he hath that fcflion fubfcribed
thefc Fundamental ConlHtutions, in a book kept for

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