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tliat purpofc by the clerk of the parliament.

LXXV. In order to the due election of memberg
for the biennial parliament, it fliall be lawful for the
frech<;lder^ of the refpcctivc prccinds to meet the firlt
Tuefday in September ever)' tv. (> vrars, m the fame


^he Laws of Carolina. r 9 £

town or place that they lad met in to choofe parliament-
men ; and there choofe thofc members that are to lit the
next November following, unlefs the ileward of the
precin6l fl:irJl, by fufncient notice thirty days before,
appoint fome other place for their meeting, in order to
the eleclion.

LXXVI. No acl, or order of parliament, (liall be of
any force, unlefs it be ratified in open parliament, dur-
ing the fame feflion, 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, unlefs, in the mean time, it
be ratified under the hands and feals of the palatine
himfelf, and three more of the lords proprietors them-
felves, and by their order publifli-ed at the next biennial

LXXVII. Any proprietor, or his deputy, may enter
his proteflation againfi: any art of the parliament, before
the palatine or his deputy's confent be given as afore-
faid ; if he Ihall conceive the faid acfh to be contrary to
this eftablifliment, or any of thefe Fundamental Con-
ftitutions of the government. And in fuch cafe, after
full and free debate, the feveral eftates fhall retire into
four feveral chambers ; the palatine and proprietors into
one; the landgraves into another; the caiTiques into
another ; and thofe chofen by the precindis into a fourth;
and if the major part of any of the four edates fliall vote
that the law is not agreeable to this cflablifluncnt, and
thefe Fundamental Conflitutions of the government,
then it fhall pafs no farther, but be as if it had never
been propofed.

LXXVIIL The quorum of the parliament fhall be
one half of thofe who are members, and capable oi
fitting in the houfe that prefent felTion of parliament.
The quorum of each of the chambers of parliament Ihaii
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 ori-
ginal government, all arts of parliament whatfocvcr, in
whatfoever form paifed or enarted, fhall at the end of
an hundred vcars after their enarting, rcfpertively ceafc
8 ' and

192 nc Lavjs of Carolina.

and determine of thcmfelvcs, and without any repeal
become null and void, as if no fuch acts or laws had ever
been made.

LXXX. Since multiplicity of comments, as well as
of laws, have great inconveniencics, and ferve only to
obfcurc and perplex; all manner of comments and ex-
pofitions, on any part of thcfc Fundamental Conflitu-
tions, or any part of the common or flatutc law of
Carolina, are abfolutely prohibited.

LXXXI. There Ihall be a regiflry in every precind,
wherein ihall be enrolled all deeds, leafes, judgments,
mortgages, and other conveyances, which may concern
any of the land within the faidprecincl ; and all fuch con-
veyances, not fo entered or regillered, Hiall not be of
force againfl: any perfon or party to the faid contract or

LXXXII. No man Iball be rcgiftcr of any precinct
who hath not at lead: three hundred acres of freehold
within the faid precinci.

LXXXllI. The freeholders of every precinct fhall
nominate three men ; out of w hich three, the chief
juflice's court fliall choofe and commiifion one to be re-
gifter of the faid prccincl, whilll he fliall well behave

LXXXIV. There fliall be a rcgiflry in every figniory,
barony, and colony, wherein Ihall be recorded all the
births, marriages, and deaths, that fliall happen within
the refpCL^tive figniories, baronies, and colonies.

LXXXV. No man fhall be rcgiAer of a colony that
hath not above fifty acres of freehold within the faid

LXXXVI. The time of every one\s age, that is born
in Carolina, fhall be reckoned from the day that his birth
is cntercil in the rcgiflry, and not before.

LXXXVII. No marriage Ihall be lawful, wliatcver
contrad and ceremony they have ufed, till both the
parties mutually own it before the regifler of the place
where they were married, and he regiiler it, with the
names of the father and mother of each partv.

LXXXVI II. No man fliall adniiniller to the goods,
or have right to them, or enter upon the ellate of any


ne Lazvs of Carohna, 1 93

perfon deceafed, till his death be regiftcred in the re-
fpedive rcgiftry.

LXXXIX. He that doth not enter, in the refpedlive
regiftry, the birth or death of any perfon that is born^
or dies, in his houfe or ground, fhall pay to the faid
regifter one fliilling per week for each fuch negled,
reckoning from the time of each birth, or death, re-
fpedlively, to the time of regiftering it.

XC. In like manner the births, marriages, and deaths,
of the lords proprietors, landgraves, and cafliques, ihall
be regiliered in the chamberlain's court.

XCI. There fliall be in every colony one condable,
to be chofen annually by the freeholders of the colony ;
his eftate ihall be above a hundred acres of freehold
within the faid colony, and fuch fubordinate officers
appointed for his adiftance, as the county-court fhall
find requifite, and fhall be eftablillied by the faid county-
court. The clecftion of the fubordinate annual officers
Ihail be alfo in the freeholders of the colony.

XCil. All towns incorporate fhall be governed by a
mayor, twelve aldermen, and twenty-four of the com-
mon-council. The faid common-council fhall be
chofen by the prefent houfholders of the faid toiwn ; the
aldermen fliall be chofen out of the common-council ;
and the mayor out of the aldermen, by the palatine's

XCllI. It being of great confcqucnce to the planta-
tion, that port-towns Ihould be built and prcferved ;
therefore whofoevef fhall lade or unlade any commodity
at any other place but a port-town, Ihall forfeit to the
lords proprietors, for each tun fo laden or unladen, the
fum of ten pounds fterling; except only fuch goods as
the palatine's court fliall liccnfe to be laden or unladen

XCIV. The firfl port-town upon every rivcr^ fliall
be in a colony, and be a port-town for ever.

XCV. No man fliall be permitted to be a freceman of
Carolina, or to have any cflate or habitation within it,
that doth not acknowledge a GOD; and that God is
pyblicly and folemnly to be worfliippcd.

V91, IX. o xcvi.

194 S^ he Lazv 5 of Carolina*

XCVI. \ks the country comes to be fufTicicntly
planted and diflributed into fit divilions, it fliall bcloncr
to the parliament to take care for the building of
churches, and the public maintenance of divines, to
bf emjjluyecj m the exercife of reli'^ion, according to the
church of England : which being the only true and or-
thodox, and the national religion of all the king's do-'ons, is fo al fo ot ^uolina; and therefore it alonrc
f]-»all be .illowed to receive public maintenance, by grant
ot pari; Li men t *].

XCVII. Ikit lincc the natives of that ]')lace, who vifl
. be concerned in our j^lantation, are utterly Grangers to
chrif^ianity, whofe idolatry, ignorance, or miftake,
gives us no right to expel, or ufe them ill ; and thoi'c
who remove from other parts to plant there, will una-
voidably be of diHerent opinions concerning matters of
religion, the liberty whereof they will expecl to have
allowed them, and it will not be reafonable for us on
this account to keep them out ; that civil peace may be
mamtained amidll the divcrlity of opinions, and our
agreement and compact with all men may be duly and
faithfully obferved ; the violation whereof, upon what
pretence focver, cannot be without great offence to
almighty God, and great fcundal to the true religion,
which weprofefs; and alio that jews, heathens, and
other dilfenters from the purity of the ciirillian religion,
may not be feared and kept at adiftance trom it, but by
having an opportunity of acquainting themfelvcs with
the truth and reafonablcnefs of its doctrines, and the
peaccablene fs and inoifenfivencfs of its profeflbrs, mav
by good ufage and pcrfualion, and all thofe convincing
methods of gentlenefs and meeknefs, fuitrtble to the
rules and deiign of the gofpel, be won over to embrace
and unfcignedly receive the truth; therefore any fcvei\
or more pcrfons, agreeing in any religion, ihall conlU-

♦ lliis article was not drawn up ... ...i. I.-k... , ;.ut ^-.trtiu in lumc

of the chief of the proprietors, againit his judgment; as \ir\ Locke
himrrh informed one o( his friends, to \\\mxi he prcfcnicd a copy of thcle


Tkf Lcnvs of Carolina. 19^

lute a church or profcflion, to which they fhall give
fome name, to diflinguilh it from others.

XCVllI. The terms of admittance and communion
with any church or profcflion fhall be written in a book,
and therein be fubfcribed by all the members of the faid
church or profefTion ; which book fhall be kept by the
public regifler of the precindt where they relide.

XCIX. The time of every one's fubfcription and
admittance Ihall be dated in the faid book or religious

C. In the terms of communion of every church orpro-
fefllon, thefe following fliall be three; without which
no agreement or alfembly of men, upon pretence of re-
ligion, fliall be accounted a church or profellion within
thefe rules :

1. '' That there is a GOD.

2. " That GOD is publicly to be worfliipped.

3. " That it is lawful and the duty of every man,
*' being thereunto called by thofe that govern, to bear
*' witnefs to truth; and that every church or profcflion
" fhall in their terms of communion fet down the ex-
** ternal way whereby they witnefs a truth as in the pre-
*^ fence of GOD, whether it be by laying hands on, or
'* kifUng the bible, as in the church of England, or by
*^ holding up the hand, or any other fenlible way.'*

CI. No perfon above feventeen years of age ihall have
any benefit or protcdtion of the law, or be capable of
any place of profit or honour, who is not a member of
fome church or profcflion, having his name recorded in
Ibme one, and but one religious record at once.

CII. No perfon of any other church or profefTion
fhall difturb or moleft any religious afTembly.

cm. No perfon whatfoever fhall fpcak any thing in
their religious afTembly, irreverently or feditioufly of
the government or .governors, or ftate-matters.

CIV. Any perfon fubfcribing the terms of commu-
nion in the record of the faid church or profeiTion, be-
fore the precincil regifter, and any five members o^ the
faid church or profefFion; fliall be thereby made a mem-
ber of the faid church or profcflion. ,

CV. Any perfon flriking out his own name out of any
religious record, or his name being flruck out by any of-

O 2 licer

1^6 Tbf Laivs of Carolina*

ficcr thereunto authorifcd by each church or profcfllon
rcfpcctivcly, Ihall ccafc to be a mcnibcr of that church
or profefTion.

CVI. No man fliall ufc any reproachful, reviling, or
abufivc Iangua«.^c, againfl any religion of any church or
profciTion ; that being the certain way of difturbing the
peace, and of hindering the converfion of any to the
truth, by engaging them in quarrels and animoliries, to
the hatred of the profeflbrs and that profeHlon, which
other\N ifc they might be brought to afTcnt to.

evil. Since charity obliges us to wifh well to the
fouls of all men, and religion ought to alter n )thing in
any man's civil eltatc or right, it fhall be law ful for
flavcs, as well as others, to enter themfclvcs, and be of
what church or profcfTion any of them fliall think befl,
and thereof be as fully members as any frccm:m. But
vet no Have fliall hereby be exempted from that civil
dominion his mailer hath over him, but be in all other
things in the fame Rate and condition he m as in before.

evil I. Affemblies, upon what pretence foever of re-
ligion, not obferving and performing the abovefaid
rules, fliall not be ertecmed as churches, but unlawful
meetings, and be punilhcd as other riots.

CIX. No perfon whatfoever fliall diflurb, molefl, or
pcrfecutc another for his fpeculutive opinions in re-
ligion, or his way of worlhip.

ex. Every freeman of Carolina fliall have abfolute
jxjwer and authority over his negro flaves, of what opi-
nion or religion foever.

CXI. No caufe, whether civil or criminal, of anr
freeman, iliall be tried in any court of judicature, with-
out a iury of his jK-er.s.

CXII. No perfon whatfoever fliall hold or claim any
land in Carolina by purchafeor gift, or otherwife, from
the natives or any otiier whatfoever; but merely from
and under the lords proprietors; upon pain of forfeiture
of all hiscdate, moveable or immoveable, and perpetual

CXIll. Whofoevcr fliall pofTefs any freehold in Caro-
lina, upon \Nhat title or grant foever, Ihall, at the far-
rhcll frDJo and after the year one thcnifand fix hundred
tighty-nme, pay yearly unto the loids proprietors,


ne Laws of Carolina. jgj

for each acre of land, Englifh mcafurc, as much fine
filver as is at this prefent in one Engliih pennv, or the
value thereof, to be as a chief rent and acknowledgment
to the lords proprietors, their heirs and fucccfTors for
ever. And it Ihall be lawful for the palatine's court by
their officers, at any time, to take a new furvey of any
man's land, not to out him of any part of his pofTclIion,
but that by fuch a furvey the juit number of acres he
pofTefreth may be known, and the rent thereupon due
may be paid by him.

CXIV. All wrecks, mines, minerals, quarries of
gems, and precious Hones, with pearl-fifhing, whale-
fifhing, and one half of all amber-greafe, by whomfo-
ever found, Ihall wholly belong to the lords proprie-

CXV. All revenues and profits belonging to the lords
proprietors, in common, fhall be divided into ten parts,
whereof the palatine fhall have three, and each pro-
prietor one ; but, if the palatine fliall govern by a de-
puty, his deputy fhall have one of thofe three tenths,
and the palatine the other two tenths.

CXVI. All inhabitants and freemen of Carolina above
feventeen years of age, and under fixty> Ihall be bound
to bear arms, and fcrve as foldiers whenever the grand
council fhall find it neceffary.

CXVII. A true copy of thcfe Fundamental Confti-
tutions fhall be kept in a great book by the regifler of
every precindl, to be fubfcribed before the faid 3*egif\er.
Nor fhall any perfon of what condition or degree foever,
above feventeen years old, have any eflate or pofTelTion
in Carolina, or protection or benefit of the law there,
who hath not, before a precindl regifler, fubfcribed
thefe Fundamental Conflitutions in this form :

^* I A. B. do promife to bear faith and true alle-
*' giance to our fovereign lord king Charles the
'' Second, his heirs and fucceffors ; and will be
^' true and faithful to the palatine and lords pro-
^^ prietors of Carolina, their heirs and fucccfTors ;
^* and w^ith my utmofl power will ddcnd them,
O 1 *' and

19S '^he Laves of Carolina,

" and maintain the government accordinp; to tliia
" cflablillnncnt in thefe I'undaniental Conilitu-
'' tions."

CXVIII. Whatfoevcr alien fhall, in this form, be-
fore any precinv^t rcgilter, fiibfcribe thefe Fundamental
Conftitutions, Ihall be thereby naturalized.

CXIX. In the fame manner fliall every pcrfon, at his
admittance into any. ofRce, fubfcribe thefe Fundamental

CXX. Thefe Fundamental Conftitutions, in number
a hundred and twenty, and every part thereof, fhall be
and remain the facrcd and unalterable form and rule of
government of Carolina for ever. Witncfs our hand^
and feals, the firll day of March, 1669.

Rules of Precedency.

I. npHE lords proprietors ; the eldefi: in age firfl, and
X fo in order.

II. The eldcfl: fons of the lords proprietors ; the eldcft
in ao;e hrft, and fo in order.

III. The landgraves of the grand council ; he that
hath been longed: of the grand council firfb, and {o in

IV. The calTlqucs of the grand council ; he that
hath been longell of the grand council lirll, and fo in

V. The fcven commoners of the grand council that
have been longcll of the grand council; he that hath
been longell ot the grand council firfl, and fo in order.

VI. The younger fons of the proprietors; the eldcft
firft, and fo in order.

VII. The landgraves ; the eldcfl in age fird, and fo
in order.

VIII. The fcven ccnnmoners, who next to thofe be-
fore-mentioned have been longcft of the grand council


^he Laws of Carolina, jqq

5ie chat hath been longeft of the grand council firfl, and
fo in order.

IX. The cafTiques ; the eldcfl in age fird, and fo in

X. The feven remaining commoners of the grand
council; he that hath been longcfl of the grand council
fixfl, and fo in order.

XI. The male line of the proprietors.

The reft fliall be determined by the chamberlain's









An Account of the Debates and Rcfolutions of the
Houfe of Lords, in April and May, 1675, concerning
a Bill, intitlcd, *' An Acl: to prevent the Dangers
*' which may arifc from Perfons difatfcdled to the
*' Gpvcrnment."


THIS fclTion being ended, and the bill of tell:
being finifhed at the committee of the whole
houle ; I can now give you a perfect account of this
ilatc mallcr-picce. It was firlt hatched (as almod all
the mifchiefs of the world have hitherto been) amongd:
the great (hurch-mcn; and is a project of fcvcral years
Handing, but found not minilters bold enough to go
through with it, until thefe new ones, who, wantin^r a
better bottom to fupport them, betook themfelves
wholly to this ; which is no fmall undertaking, if you
confidcr it in its whole extent,


A Letter from a Perfon of ^ality, 201

Firfl:, To make a diflinc^ party from the refl of the
nation of the high epifcopal men and the old cavaliers;
who are to fwallovv the hopes of enjoying all the power
and offices of the kingdom ; being alfo tempted by the
advantage they may receive from overthrowing the adh
of oblivion; and not a little rejoicing to think, how
valiant they fhould prove, if they could get any to fight
the old quarrel over again, now they are polTcircd of
the arms, forts, and ammunition of the nation.

Next, they defign to have the government of the
church fworn to as unalterable ; and fo tacitly owned
to be of divine right ; which, though inconfiftent with
the oath of fupremacy, yet the churchmen eafily break
through all obligations whatfoever, to attain this itation,
the advantage which the prelate of Rome hath fuffi-
ciently taught the world.

Then, in requital to the crown, they declare the go-
vernment abfolute and arbitrary ; and allow monarchy,
as well as epifcopacy, to be jure divino, and not to be
bounded or limited by any human laws.

And to fecure all this, they refolve to take away tbc
power and opportunity of parliaments to alter any thing
in church or Itate ; only leave them as an inllrument lo
raife money, and to pafs fuch laws as the court and
<:hurch fliall have a mind to ; the attempt of any
other, how necelTary foever, muft be no Icfs a crime
than perjury.

And as the top ftone of the whole fabric, a pretence
fhall be taken from the jcalouiies they themfclves have
raifed, and a real necelTity from the fmallncfs of their
party, to increafe and keep up a flanding army : and
then in due time the cavalier and churchman will be
made greater fools, but as arrant flaves as the refl of
the nation.

In order to this, the firjfl ftep was made in the acT: for
regulating corporations, wifely beginning that, in thofc
JefTer governments, which they meant afterwards to in-
troduce upon the government of the nation ,- and ma-
king them fwear to a declaration and belief of fuch
proportions as they themfelves afterwards, upon debate,
iverc enforced to alter^ and could not juflif/ in thofc

words* ;

5QJ A Leiicr fro*n a Per/on of ^lality.

words* ; fo that many of the wcalthiefl, worthicH, and!
fobcrcrt nK-n, are ftill kept out of the magilbacy of
thofc places.

The next flep was in the adl: of militia■^, which went
for moft of the chiefed nobility, and gentry, being
obli'Tcd as lords-lieutenants, deputy-lieutenants, &:c. to
fwear to the fame declaration and belief; with the ad-
dition only of thefe words, ** in purfuance of fuch mi-
•* litary commilFions ;" which makes the nuitter rather
worfc than better. Yet this went down fmoothly, as
an oath in falhion, a tellimon}' of loyalty; and none
adventuring freely to debate the matter, the humour of
the age, like a flrong tide, carries v ife and good men
downbefore it. This atil is of a piece; for it eflablifli-
cth a (landing army by a law, and f\\ cars us into a n\i -
litarv government.

Immediately after this, followeth the a6t of uni-
formity, by which all the clergy of England are obligecj
to fubfcribe, and declare what the corporations, nobi-
lity, and gentry had before fworn ; but with this addi-
tional claufe of the militia ad omitted. This the clergy
readily complied with ; for you know, that fort of mea
are taught rather to obey than underfland ; and to ufe
that learning they have, to juftify, not to examin'vi
what their fupenours command. And yet that Bar-
tholomew-day was fatal to our church and religion, in
throwing out a very great number of worthy, learned^,
pious, and orthodox divines, who could not come up
to this, and other things in that acl. And it is upoa
this occafion worth your knowledge, that fo great ^\ as
the zeal in carrying on this church alfair, and fo blind

• By the ^6\. for the well governing and regulating of corporations,
paflcdin the year i66r,all pcrfons bearing any office of niagiflracy, place c/
irurt» or other employment, relating to the government of any city, cor-
^K)ration, borough, Arc. were ordered to take the following oath:

«* I A. B. do declare and believe, that it is not lawful, upon any pre-
♦* tcncc what^oe^rr, to take arms againft the king; and that I Ao
** abhor that traitorous pofition ot taking arms by his auihoriiy
" agninft his perfon, or againrt thofc that arc commiHioned by him."

+ Tlic a<!\ for ordering the forces in the fcveral counties of llui kingdom.


A he Iter from a T erf on of ^iaJiiy. 203

v/as the obedience required, that if you compute the
time of the pafling this ai5t, with the time allowed for
the clergy to fubfcribe the book of Common-Prayer
thereby eflablilhed ; you fliall plainly find it could not
be printed and diflributed fo, as one man in forty could
have {iitw and read the book they did fo perfectly aiFent
and confent to*.

But this matter was not complete until the five-mile
adt paired at Oxford, wherein they take an opportunity
to introduce the oath in the terms they would have
itt. This was then ftrongly oppofed by the lord trea-
furer Southampton, lord Wharton, lord AlhleyJ, and
pthers ; not only in the concern of thofe poor miniffers
that were fo feverely handled, but as it was in itfclf ^
moft unlawful, and unjuflihable oath. However, the
zeal of that time againil all non-conformifls eafily paf-
fcd the act.

This ac^f was feconded the fame fefllon at Oxford, by
another bill in the houfe of commons, to have impo-

■* By the a6l of uniformity of public prayers. Sec. which received the royal
^flent, on the 19th of May, 1662, all parfons, vicars or other minifters, &:c»
were ordered to conform to the church of England, before the feaft of St.
Bartholomew, t the 24th of Auguft following, upon pain of lofing all their
ecclefiallical preferments, &c. And ir is certain, that, '* the Common-

'^* Prayer Book, with the alterations and amendments made by the

** convocation, did not come out of the prefs till a few days before the
** 24th of Auguft." See Dr. Calamy's Abridgment of Mr. Baxter's
hiftory of his lite and times, ubi fupra, p. 201.

+ By that ad, paiTed in the parliament held at Oxford the 9th of Odo-
ber, 1665, 3nd intitled. An aCt for reltraining non-conformifts from in-
habiting corporations ; the non-conforming minifters were prohibited^
upon a penalty of forty pounds for every offence, to come, unlefs only
in paffing upon the road, within five miles of any city, corporation, bo-
rough, town, or place where they had been minifters, or had preached,
after the act of unilormity ; unlefs they firft fubfcribed to the declarations

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