88. The termes of admittance & com'union with any church or profession shall be written in a booke, & therein be subscribed by all ye members of ye sd. church or profession. 89. The time of every ones subscription & admittance shall be dated in ye sd. booke or record. 90. In ye termes of com'union of every church or p'fession these following shall be three, without wch. noe agreement or assembly of men upon pretence of religion shall be acco'ted a church or profession within these rules. 1. That there is a God. 2. That God is publickly to be worshiped. 3. Thirdly That it is lawfull and ye duty of every man being thereunto calld by those y' governe to bear witnes of truth, & that every church or profession shall in theire termes of com'union sett downe ye externall way whereby they witnes a truth as in ye presence of God, whether it be by laying hands on or kissing Bible ye Choperas in ye Protestant and Papist churches, or by holding up ye hand or any other sensible way. 91. No person above 17 yeares of age shall have any benefitt or protection of ye law or be capable of any place of profitt or honor. who is not a member of some church or profession, having his name recorded in some one & but one religion record at once. 92. The religious record of every church or pfession. shall be kept by the publick register of ye presinct where they reside. 93. No man of any other church or profession shall disturb or molest any religious assembly. 94. Noe p'son whatsoevr. shall speak anything in their religious assembly irreverently or sedistiously of ye Governmt. or governors or states mattrs. 95. Any p'son. subscribing ye termes of comunion of any church or profession in ye record of the sd. church before 5 ye presinct register, and any one members of the church or profession shall be thereby made a member of ye sd. church or p'fession. religious 96. Any p'son striking out his owne name out of any record, Λ or his name being strook out by any officer thereunto authorized respectively each Λ by any church or p'fession shall cease to be a member of y' church or profession. 97. Noe p'son shall use any reproachfull revileing or abusive language against ye religion of any church or profession y' being the certaine way of disturbing ye publick peace, & of hindring ye coversion of any to ye truth by ingageing ym. in quarrills & animosities to ye hatred of the professors & y' profession wch. otherwise they might be brought to assent to. 98. Since charrity obliges us to wish well to the souls of all men, and religion ough ought to alter nothing in any mans civil estate or right, It shall be lawfull for slaves as all others to enter themselves & be of what church any of them shall thinke best, & thereof be as fully members as any freemen. But yet noe slave shall hereby be exempted from that civil dominion his mastr. hath ovr. him, but be in all other things in ye same state & condicon. he was in before. 99. Assemblyes upon what p'tence. soevr. of religion, not observing & performing ye above sd. rules, shall not be esteemd. as churchs, but unlawful meetings, & be punished as other riotts. 100. No person whatsoevr. shall disturbe, molest, or p'secute another for his speculative opinions in religion, or his way of worshipp. Λ power & 101. Every freeman of Carolina shall have absolute authority ovr. his negro slaves of what opinion or religion soevr. 102. No p'son. whatsoever shall hold or claime any land in Carolina by purchase or gift, or otherwise, from ye natives, or any other p'son whatsoevr., but meerely from and under ye Lds. proprietors upon paine of forfeiture of all his estate, moveable or unmoveable, and perpetuall banishment. possesse 103. Whoevr. shall passe any freehold in Carolina, upon what title or grant soever, shall at ye farthist from and after ye yeare 1689 pay yearely unto ye proprietors, for each acre of land, English measure, as much fine silver as is at this p'sent in one English pen'y, or ye value thereof, to be as a cheif rent & ack nowledgment to ye proprietors & their heires and successors for ever, & it shall be lawfull for ye p'prietors by their officers at any time to take a new survey of any mans land, not to out him of any part of his possession, but y' by such a survey the just number of acres he possesseth may be knowne, and ye rent thereupon due may be paid by him. 104. All wracks, mines, minerals, quarries, of ge'ms and prec pearle fishing, Λ ious stones, with whale fishing, and one half of all ambergreece by whomsoevr. found shall wholy belong to ye proprietors. 105. All revenues & p'fitts arising out of any thing but their distinct particular lands & possessions, shall be devided into ten parts, whereof ye Palatin shall have three, & each proprietor one, but if ye Pallatin shall governe by a deputy his deputy shall have one of those, and the Palatin ye other . 106 All inhabitants & freemen of Carolina above 17 yeares of age & under sixty shall be bound to bear armes & serve as soldiers whenevr. ye Grand Council shall find it necessary. 108. A true coppy of these fundamental constitutions shall be kept in a great book by ye regiser of every presinct to be subscribed before ye sd. register. Nor shall any person, of what condition or degree soever, above 17 yeares old, have any estate or possession in Carolina, or protection or benefit of ye law there, who hath not subscribed these fundamental constitutions in this forme. I A. B. do promise to beare faith & true alleagence to or. Soveraigne Lord King Charles ye Second, and will be true & faith Palatin & Λ full to ye Lords Proprietors of Carolina, & with my utmost power will defend ym. and maintaine the Governmt, according to this establishment in these fundamtall, constitutions. 109. And whatsoever alien shall in this forme before any presinct register subscribe these fundamentall constitutions shall be thereby naturalizd. 110. In the same manner shall every p'son at his admittance into any office subscribe these fundamentall constitutions. in number III III. These fundamentall constitutions & every part thereof shall be & remaine as ye sacred unalterable forme and rule of Governmt. of Carolina for ever. Witnes or. hands & seales this 21st die July in ye yeare of or. Lord 1669.1 [Shaf. Pap., Sec. VIII, No. 3.] 33 Report Dep. Keeper Public Records, Appx. 3, p. 258. GOVERNOR SAYLES' COMMISSION." 2 July 26. 1669. ties Geo. Duke of Albemarle, Cap" Gen" of all his Males forces, Edward, Earle of Clarendon, W", Earle of Craven, John, La Berkley, Anthony La Ashley, Chancell' of ye Excheque', Sir Geo. Carteret, Barron': Vice Chamberlaine of his Maties Househould, Sir Peter Colleton, Barronett, & S' Wil. Berkeley, Kn'. To our trusty & Welbeloved Will. Sayle, Esq. Govern' of all that Territory or parte of o' Province of Carolina that lyes to ye Southward & Westward of Cape Carteret, & to our trusty & Well Beloved o' Council & Assistants to our said Governo', Greeting 'The original 'First set' of Fundamental Constitutions-conceived by Shaftesbury and drawn by Locke, 75 leaves, bound in vellum, entirely in Locke's hand. In the year 1669 the Lords 'did encourage severall people to come in their Vessells to inhabitt this part of their province & with the said people did alsoe send (see Sayle's Commission) Fundam" Lawes, Constitucons under the hands & Seales of six of their Lordshipps bearing date 21 July '69, as the unalterable forme & rule of Governm' for ever.' But in 1687 'disputes having arisen in Carolina to the effect that certain constitutions dated 21 July 1669 are the only constitut" that can be in force,' declared them to be 'but a copy of an imperfect Originall;' though 'ye records in the secretarys office &c shew that nothinge betweene the L Props & the people hath been transacted soe sacredly & with soe much solemn caution.' Rivers, 418, 88, 116. 1662. Petition of Captain Thomas Trafford to the King. That Will Sayle, a severe separatist, surreptitiously possessed himself of the Government of the Bermudas and exercised cruel tyrannies over the inhabitants for which he was by the then Committee of Foreign Plantations adjudged fit for banishment. But by the exorbitant power of Desbrow and Jones, two persons proscribed by Parliament who were sent thither, Sayle was settled in the government. Prays to be sent over to take it. (Captain Florentia Seymour was appointed to succeed Sayle as governor, Sept., 1662.) A. & W. I., & 372. Bee it knowne unto all men that Wee ye Lds & absolute Proprieto" of ye Province aforesa, for divers good causes & consideracons, but more especially out of ye trust & confidence reposed in yo" o'. s Governo' & Councello", for ye faithfull managem' of ye power & authority by us to yo" given to ye best availe & improvem' of o' Interest & Dominion in ye Territory aforesa, have given granted & by theise presents doe give & grant dureing o' pleasure unto yo", o' s Goveno' by & wth ye consent of o Councell, or any sixe of ye tenn, Whereof three at least are to be of those appointed by us as o' Deputys, full & absolute power & authority for us & in o' names, to lett, sell, convey & assure such Lands in o' sd County, to such person & persons & for such Estate & Estates, & wth such Provizos, Condicons & Limitacons as we by o' Instruccons & Concessions, hereunto annexed, have directed & as yo" shall be directed by such other Instrucons & rules as from time to time yo" shall receive from us & not otherwise, hereby rattifying & confirming whatever y" shall doe pursuant to ye s Instruccons & Concessions & to such Instruccons, Rules and Direccons as afores", as alsoe to make, doe performe and execute all & singuler act & acts, thing & things, powers & authoritys whatsoever, weh Wee o'selves may, cann might or could doe in, for, conserning or relateing to ye Goverment, both Civil and Millitary, of ye sa Terretory, by vertue of ye Lett" Pattents of his most Excellent Mae, Charles ye Second, King of England, Scotland & Ireland, Defend' of ye faith, bearing date at Westminster, ye 20th day of June, in ye 17th yeare of his raigne, to be exercised nevertheless according to such Instruccons, & wth such Limittations, Restriccons, Condicons & Provisoes as are hereunto annexed, & in these presents are hereafter contained. Hereby ratifying & confirming & allowing all & every such act & acts, thing & things, who's Govern' & of s Councellors in o' names shall doe in ye premises, pursuant to ye authority hereby comitted, & weh is not contrary to o' Instruccons, and of fundamentall constitucons & forme of Goverm' herewith sent under o' hands & seales. Provided alsoe, y' ye Executive parte of all ye s Powers herein given shall be made & exercised by yo", o' sa Governo' by & wh ye advice & consent of ye maio' parte of our Councell. And if it shall happen that o' s Governo' shall depart or be absent at any time from our Terretory afores, unless other provision be by us made, That then |