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THE

FUNDAMENTAL

CONSTITUTIONS

O F

CAROLINA.

UR SOVEREIGN LORD THE KING having out of His Royal Grace and Bounty, granted unto us the Province of CAROLINA, with all the Royal

ties, Proprieties, Jurifdictions, and Privileges of a County Palatine, as large and ample as the County Palatine of Durham, with other great Privileges: for the better fettlement of the Government of the said place, and establishing the intereft of the Lords

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Lords Proprietors with equality, and without confufion; and that the Government of this Province may be made most agreeable to the Monarchy under which we live, and of which this Province is a part; and that we may avoid erecting a numerous Democracy: We the Lords and Proprietors of the Province aforefaid, have agreed to this following Form of Government, to be perpetually establish'd amongst us, unto which we do oblige our felves, our Heirs and Succeffors, in the most binding ways that can be devised.

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HE eldest of the Lords Proprietors fhall be Palatine; and upon the de

ceafe of the Palatine, the eldeft of the seven

FAT. C

furviving Proprietors fhall always fucceed

him.

There shall be

II.

ven other chief Offices erected, viz. the Admirals, Chamberlains, Chancellors, Conftables, Chief Justices, High Stewards, and Treasurers; which places fhall be enjoyed by none but the Lords Proprietors, to be affigned at firft by Lot; and upon the vacancy of any one of the feven

great

great Offices by death or otherwife, the eldest Proprietor fhall have his choice of the faid place.

III.

The whole Province fhall be divided into Counties: each County fhall confist of eight Signiories, eight Baronies, and four Precincts: each Precinct fhall confift of fix Colonies.

IV.

Each Signiory, Barony, and Colony, shall confift of twelve thoufand Acres; the eight Signiories being the fhare of the eight Proprietors, and the eight Baronies of the Nobility; both which fhares being each of them one fifth part of the whole, are to be perpetually annexed, the one to the Proprietors, the other to the hereditary Nobility, leaving the Colonies, being three fifths, amongst the People: that fo in setting out, and planting the Lands, the balance of the Government may be preserved.

V.

At any time before the year one thoufand feven hundred and one, any of the Lords Proprietors fhall have power to relinquish, alienate, and difpofe to any other perfon,.

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his

his Proprietorship, and all the Signiories, Powers, and Intereft thereunto belonging, wholly and entirely together, and not otherwife. But after the year one thousand seven hundred, those who are then Lords Proprietors, fhall not have power to alienate or make over their Proprietorship, with the Signiories and Privileges thereunto belonging, or any part thereof, to any perfon whatsoever, otherwife than as in §. XVIII: but it fhall all defcend unto their Heirs male; and for want of Heirs male, it fhall all defcend on that Landgrave or Caffique of CAROLINA, who

is defcended of the next Heirs female of the Proprietor; and for want of fuch Heirs, it fhall defcend on the next Heir general; and for want of fuch Heirs, the remaining feven Proprietors fhall upon the vacancy, chufe a Landgrave to fucceed the deceased Proprietor, who being chofen by the majority of the seven surviving Proprietors, he and his Heirs fucceflively fhall be Proprietors, as fully to all intents and purposes as any of the reft.

VI.

That the number of eight Proprietors may be conftantly kept; if upon the vacancy of

any

any Proprietorship, the feven furviving Proprietors fhall not chufe a Landgrave to be a Proprietor, before the fecond biennial Parliament after the vacancy; then the next biennial Parliament but one after fuch vacancy, fhall have power to chufe any Landgrave to be a Proprietor.

VII.

Whofoever after the year one thousand feven hundred, either by inheritance or choice, fhall fucceed any Proprietor in his Proprietorfhip, and Signiories thereunto belonging; fhall be obliged to take the Name and Arms of that Proprietor whom he fucceeds: which from thenceforth fhall be the Name and Arms of his Family and their pofterity.

VIII.

Whatsoever Landgrave or Caffique fhall any way come to be a Proprietor, fhall take the Signiories annexed to the faid Proprietorfhip: but his former Dignity, with the Baronies annexed, fhall devolve into the hands of the Lords Proprietors.

IX.

There fhall be juft as many Landgraves as there are Counties, and twice as many Caf

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Thefe fhall be the he

reditary

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