Slike strani
PDF
ePub
[ocr errors]

Locke's manors, to which they are annexed, may be kept intire, and the manor not CONSTITUTION

lose those priviledges, which upon parcelling out to several owners must necessarily cease.

21st. Every Lord of a manor, within his own manor, shall have all the powers, jurisdictions and priveledges, which a Landgrave or Casique hath in his baronies.

22d. In every signiory, barony and manor, all the leet men shall be under the jurisdiction of the respective Lords, of the said signiory, barony or manor,

without appeal from him. Nor shall any leet man, or leet woman, have liberty to go off from the land of their particular Lord and live any where else, without license obtained from their said Lord, under hand and seal.

23d. All the children of leet men, shall be leet men, and so to all generations.

24th. No man shall be capable of having a court leet, or leet men, but a Proprietor, Landgrave, Casique, or Lord of a manor.

25th. Whoever shall voluntarily enter himself a leet man, in the registry of the county court, shall be a leet man.

26th. 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. 27th. No Landgrave or Casique, shall be tried for any criminal cause,

, in any but the Chief-justice's court, and that by a jury of his peers. 28th. There shall be eight supreme courts.

The first called the palatine's court, consisting of the palatine and the other seven Proprietors. The other seven courts, of the other seven great officers, shall consist each of them of a Proprietor, and six counsellors added to him. Under each of these latter seven courts, shall be a college of twelve assistants. The twelve assistants of the several colleges, shall be chosen, two out of the Landgraves, Casiques, or eldest sons of the Proprietors, by the palatine's court; two out of the Landgraves, by the Landgraves' Chamber; two out of the Casiques, by the Casiques' chamber; four more of the twelve, shall be chosen by the Common's chamber,out of such as have been, orare, members of parliament, sheriffs, or justices of the county court, or the younger sons of Proprietors, or the eldest sons of Landgraves or Casiques; the two others shall be chosen by the Palatine's court, out of the same sort of persons out of which the common's chamber is to choose.

29th. . Out of these colleges, shall be chosen at first by the palatine's court, six counsellors to be joined with each Proprietor in his court; of which six, one shall be of those, who were chosen into any of the colleges by the palatine's court, out of the Landgraves, Casiques, or eldest sons of Proprietors; one, out of those who were chosen by the Landgrave's chamber; one, out of those who were chosen by the Casique's chamber; two, out of those who were chosen by the Common's chamber; and one out of those who were chosen by the Palatine's court, out of the Proprietor's younger sons, or eldest sons of Landgraves, Casiques, or Commons qualified as aforesaid.

30th. When it shall happen that any Counsellor dies, and thereby there is a vacancy; the grand counsel shall have power to remove any counsellor that is willing to be removed out of any of the Proprietor's courts, to fill up the vacancy, provided they take a man of the same degree and choice the other was of, whose 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

Locke's

ConstitutION of the colleges, any assistant who is of the same degree and choice that · counsellor was of, into whose vacant place he is to succeed. The grand

council also, shall have power to remove any assistant, that is willing, out of one college into another, provided he be of the same degree and choice. But the last remaining vacant place in any college, shall be filled up by the same choice, and out of the same degree of persons the assistant was of, who is dead or removed. No place shall be vacant in any Proprietor’s court, above six months. No place shall be vacant in any college, longer than the next session of parliament.

31st. No man being a member of the grand council, or of any of the seven colleges, shall be turned out, but for misdemeanour, of which the grand council shall be judge; and the vacancy of the person so put out, shall be filled, not by the election of the grand council, but by those who first chose him, and out of the same degree he was of, who is expelled. But it is not hereby to be understood, that the grand council hath any power to turn out any one of the Lords Proprietors, or their deputies; the Lords Proprietors having in themselves, an inherent original right.

32d. All elections in the parliament, in the several chambers of the parliament, and in the grand council, shall be passed by balloting.

33d. The Palatine's court shall consist of the palatine, and seven Proprietors, wherein nothing shall be acted without the presence and consent of the Palatine or his deputy, and three others of the Proprietors or their deputies. This court shall have power to call Parliaments, to pardon all offences, to make elections of all officers in the Proprietor's dispose, and to nominate and appoint port towns; and also shall have power by their order to the treasurer, to dispose of all public treasure, excepting money granted by the Parliament, and by them directed to some particular public use; and also shall have a negative upon all acts, orders, votes and judgements of the grand council and the parliament, except only as in Sec. 6th. and 12th. 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.

34th. The Palatine himself, when he in person shall be either in the army, or 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.

35th. The Chancellor's court, consisting of one of the Proprietors, and his six counsellors, who shall be called vice chancellors, shall have the custody of the seal of the Palatine, under which charters of lands or otherwise, commissions and grants of the Palatine's court, shall pass. And it shall not be lawful to put the seal of the Palatinate to any writing, which is not signed by the Palatine or his deputy, and three other Proprietors or their deputies. To this court also belong all state matters, despatches, and treaties with the neighbour Indians To this court also belong all invasions of the law, of liberty, of conscience, and all invasions of the public peace, upon pretence of religion, as also the license of printing. The twelve assistants belonging to this court, shall be called recorders.

36th. Whatever passes under the seal of the Palatinate, shall be registered in that proprietors court to which the matter therein contained, belongs.

37th. 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 the vice chancellors.

!

LOCKE's 38th. The Chief Justice's Court, consisting of one of the proprietors and CONSTITUTION his six counsellors, who shall be called justices of the bench, shall judge all

appeals in cases both civil and criminal, except all such cases as shall be under the jurisdiction and cognizance of any other of the Proprietors courts, which shall be tried in those courts respectively. The government and regulation of registries of writings and contracts, shall belong to the jurisdiction of this court. The twelve assistants of this court, shall be called masters.

39th. The Constable's Court, consisting of one of the Proprietors and his six counsellors, who shall be called Marshalls, 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.

40th. In time of actual war, the Constable while he is in the army, shall be General of the army; and the six Counsellors, or such of them as the Palatine's Court shall for that time or service appoint, shall be the immediate great officers under him, and the Lieutenant Generals next to them.

41st. The Admiral's Court, consisting of one of the Proprietors, and his six Counsellors, called Consuls, shall have the care and inspection over all ports, moles, and navigable rivers so far as the tide flows, and also all the public shipping of Carolina, and stores thereunto belonging, and all maritime affairs. This Court also shall have the power of the Court of admirality; and shall have power to constitute Judges in port towns, to try cases belonging to law-merchant, as shall be most convenient for trade. The twelve assistants belonging to this Court, shall be called proconsuls.

42d. In time of actual war, the admiral whilst he is at sea, shall command in chief, and his six counsellors, or such of them as the Palatine's Court shall for that time or service appoint, shall be the immediate great officers under him, and the proconsuls next to them.

43d. The Treasurer's Court, consisting of a proprietor and his six counsellors, called under treasurers, shall take care of all matters that concern the public revenue and treasury. The twelve assistants shall be called Auditors.

44th. The high Steward's Court, consisting of a proprietor and his six counsellors, called comptrollers, shall have the care of all foreign and domestic trade, manufactures, public buildings, work houses, highways, passages by water above the flood 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 public commerce and health ; also, setting out and surveying of lands; and also setting out and appointing places for towns to be built on, in the precincts, and the prescribing and determining the figure and bigness of the said towns,according to such models as the said courts shall order ; contrary or differing from which models, it shall not be lawful for any one to build in any

town. This court shall have power also to make any public building, or any new highway, or enlarge any old highway, upon any man's land whatsoever; as also to make cuts, channels, banks, locks and bridges for making rivers navigable, or for draining fens, or any other public use. The damage the owner of such lands (on or through which any such public things shall be made) shall receive thereby, shall be valued, and satisfaction made, by such ways as the grand council shall appoint. The twelve assistants belonging to this court shall be called surveyors.

45th. The Chamberlain's Court, consisting of a Proprietor and six Counsellors, called vice chamberlains, shall have the care of all ceremonies,

precedency, heraldry, reception of public messengers, pedigrees, the regis

Locke's

CONSTITUTION iry 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 it shall also belong, to convocate the grand council. The twelve assistants belonging to this Court, shall be called Provosts.

46th. All causes belonging to, or under the jurisdiction of any of the Proprietors Courts, shall in them respectively be tried, and ultimately determined, without any further appeal.

47th. The Proprietors Courts, shall have a power to mitigate all fines, and suspend all execution in criminal causes, either before or after sentence, in any of the other inferior courts respectively.

48th. 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.

49ih. In all the Proprietors's Courts, the Proprietor and any three of his Counsellors shall make a quorum; provided always, that for the better despatch 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.

50th. The grand council, shall consist of the Palatine and seven Proprietors, and the forty-two Counsellors of the several Propritors' Courts, who shall have power to determine any controversy that may arise between any of Proprietors' Courts, about their respective jurisdictions, or between the members of the same court, about their manner and methods of proceedings; 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.

51st. The grand council shall prepare all matters to be proposed in Parliament. Nor shall any matter whatsoever, be proposed in Parliament, but what hath first passed the grand council; which after having been read, three several days in the Parliament, shall by majority of votes, be passed or rejected,

52d. 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 should otherwise have been tried in the court of which the said Counsellor is Judge himself.

53d. 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.

54th. The quorum of the grand council shall be thirteen, whereof a Proprietor or his deputy, shall be always one.

55th. 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.

56th. 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 Sec. 76th.

VOL. I.-7.

[merged small][ocr errors]

LOCKE'S and except also in nominating and choosing Landgraves and Casiques, as
CONSTITUTION

in Sec. 10th. 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.

57th. No deputy of any proprietor shall have any power, whilst the
deputator is in any part of Carolina, except the Propritor, whose deputy
he is, be a minor.

58th. During the minority of any Proprietor, his guardian shall have power to constitute and appoint his deputy.

59th. 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 choose 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 choose for deputy, any one of the Landgraves of the grand council; till he have by deputation under hand and seal, chosen any one of the fore-mentioned 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 Casiques, who shall be personally in Carolina, shall of course be his deputy.

60th. Each Proprietor's deputy, shall be always one of his six Counsellors respectively; and in case any of the Proprietors hath not, in his absence out of Carolina, a deputy, commissioned under his hand and seal, the eldest nobleman of his court, shall of course be his deputy.

61st. 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 from time to time and commissioned, by the Palatine's court.

62d. 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.

63d. 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 crimes; except for treason, murder, and any other offences punishable with death, and except all criminal causes of the nobility; and shall judge also, all civil causes whatsoever; and in all personal actions not exceeding fifty pounds sterling, without appeal; but where the cause shall exceed that value, or concern a title of land, and in all criminal causes ; there either party upon paying five pounds sterling, to the Lords Proprietor's use, shall have liberty of appeal to the county court.

64th. No cause shall be twice tried in any one court, upon any reason or pretence whatsoever.

65th. For treason, murder, 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 Proprietors court.

« PrejšnjaNaprej »