THE

FUNDAMENTAL CONSTITUTIONS

OF

CAROLIN A.

OUR sovereign lord the king having, out of his royal grace and bounty, granted unto us the province of Carolina, with all the royalties, properties, jurisdictions, and privileges, of a county palatine, as large and ample as the county palatine of Durham, with other great privileges, for the better settlement of the government of the said place, and establishing the interest of the lords proprietors with equality, and without confusion; 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 aforesaid, have agreed to this following form of government, to be perpetually established amongst us, unto which we do oblige ourselves, our heirs, and successors, in the most binding ways that can be devised.

I. The eldest of the lords proprietors shall be palatine; and, upon the decease of the palatine, the eldest of the seven surviving proprietors shall always succeed him.

II. There shall be seven other chief offices erected, viz. the admiral's, chamberlain's, chancellor's, constable's, chief-justice's, high-steward's, and treasurer's; which places shall be enjoyed by none but the lords proprietors, to be assigned at first by lot; and upon the vacancy of any one of the seven great offices by death, or otherwise, the eldest proprietor shall have his choice of the said place.

III. The whole province shall be divided into counties; each county shall consist of eight signiories, eight baronies, and four precincts; each precinct shall consist of six colonies.

IV. Each signiory, barony, and colony, shall consist of twelve thousand acres; the eight signiories being the share of the eight proprietors, and the eight baronies of the nobility; both which shares, 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 so in setting out, and planting the lands, the balance of the government may be preserved.

V. At any time before the year one thousand seven hundred and one, any of the lords proprietors shall have power to relinquish, alienate, and dispose to any other person, his proprietorship, and all the signiories, powers, and interest thereunto belonging, wholly and entirely together, and not otherwise. But, after the year one thousand seven hundred, those, who are then lords proprietors, shall not have power to alienate or make over their proprietorship, with the signiories and privileges thereunto belonging, or any part thereof, to any person whatsoever, otherwise than as in § xviii. but it shall all descend unto their heirs-male; and, for want of heirsmale, it shall all descend on that landgrave, or cassique, of Carolina, who is descended of the next heirs-female of the proprietor; and, for want of such heirs, it shall descend on the next heir-general; and, for want of such

heirs, the remaining seven proprietors shall, upon the vacancy, choose a landgrave to succeed the deceased proprietor, who being chosen by the majority of the seven surviving proprietors, he and his heirs, successively, shall be proprietors, as fully, to all intents and purposes, as any of the rest.

VI. That the number of eight proprietors may be. constantly kept; if, upon the vacancy of any proprietorship, the seven surviving proprietors shall not choose a landgrave to be a proprietor, before the second biennial parliament after the vacancy; then the next biennial parliament but one after such vacancy shall have power to choose any landgrave to be a proprietor.

VII. Whosoever after the year one thousand seven hundred, either by inheritance or choice, shall succeed any proprietor in his proprietorship, and signiories thereunto belonging, shall be obliged to take the name and arms of that proprietor, whom he succeeds; which from thenceforth shall be the name and arms of his family and their posterity.

VIII. Whatsoever landgrave or cassique shall any way come to be a proprietor, shall take the signiories annexed to the said proprietorship; but his former dignity, with the baronies annexed, shall devolve into the hands of the lords proprietors.

IX. There shall be just as many landgraves as there are counties, and twice as many cassiques, and no more. These shall be the hereditary nobility of the province, and by right of their dignity be members of parliament. Each landgrave shall have four baronies, and each cassique two baronies, hereditarily and unalterably annexed to, and settled upon the said dignity.

X. The first landgraves and cassiques of the twelve first counties to be planted, shall be nominated thus; that is to say, of the twelve landgraves, the lords proprietors shall each of them, separately for himself, nominate and choose one; and the remaining four landgraves of the first twelve, shall be nominated and chosen by the palatine's court. In like manner, of the twenty-four first cassiques, each proprietor for himself shall nominate and choose two, and the remaining eight

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shall be nominated and chosen by the palatine's court; and when the twelve first counties shall be planted, the lords proprietors shall again in the same manner nominate and choose twelve more landgraves, and twentyfour cassiques for the twelve next counties to be planted; that is to say, two-thirds of each number by the single nomination of each proprietor for himself, and the remaining one-third by the joint election of the palatine's court, and so proceed in the same manner till the whole province of Carolina be set out and planted, according to the proportions in these Fundamental Constitutions.

XI. Any landgrave or cassique at any time before the year one thousand seven hundred and one, shall have power to alienate, sell, or make over to any other person, his dignity, with the baronies thereunto belonging, all entirely together. But after the year one thousand seven hundred, no landgrave or cassique shall have power to alienate, sell, make over, or let the hereditary baronies of his dignity, or any part thereof, otherwise than as in § XVIII; but they shall all entirely with the dignity thereunto belonging, descend unto his heirs male; and for want of heirs male, all entirely and undivided, to the next heir general; and for want of such heirs, shall devolve into the hands of the lords proprietors.

XII. That the due number of landgraves and cassiques may be always kept up; if, upon the devolution of any landgraveship or cassiqueship, the palatine's court shall not settle the devolved dignity, with the baronies thereunto annexed, before the second biennial parliament after such devolution; the next biennial parliament but one after such devolution shall have power to make any one landgrave or cassique, in the room of him, who dying without heirs, his dignity and baronies devolved.

XIII. No one person shall have more than one dignity, with the signiories or baronies thereunto belonging. But whensoever it shall happen, that any one, who is already proprietor, landgrave, or cassique, shall have any of these dignities descend to him by inheritance, it shall be at his choice to keep which of the dig

nities, with the lands annexed, he shall like best; but shall leave the other, with the lands annexed, to be enjoyed by him, who not being his heir apparent, and certain successor to his present dignity, is next of blood.

XIV. Whosoever, by right of inheritance, shall come to be landgrave or cassique, shall take the name and arms of his predecessor in that dignity, to be from thenceforth the name and arms of his family and their posterity.

XV. Since the dignity of proprietor, landgrave, or cassique, cannot be divided, and the signiories or baronies thereunto annexed must for ever all entirely descend with, and accompany that dignity; whensoever for want of heirs male it shall descend on the issue female, the eldest daughter and her heirs shall be preferred; and in the inheritance of those dignities, and in the signiories or baronies annexed, there shall be no coheirs.

XVI. In every signiory, barony, and manor, the respective lord shall have power in his own name to hold court-leet there, for trying of all causes both civil and criminal; but where it shall concern any person being no inhabitant, vassal, or leet-man of the said signiory, barony, or manor, he, upon paying down of forty shillings to the lords proprietors' use, shall have an appeal from the signiory or barony-court to the county-court, and from the manor-court to the precinct-court.

XVII. Every manor shall consist of not less than three thousand acres, and not above twelve thousand acres in one entire piece and colony: but any three thousand acres or more in one piece, and the possession of one man, shall not be a manor, unless it be constituted a manor by the grant of the palatine's court.

XVIII. The lords of signiories and baronies shall have power only of granting estates not exceeding three lives, or thirty-one years, in two-thirds of the said signiories or baronies, and the remaining third shall be always demesne.

XIX. Any lord of a manor may alienate, sell, or dispose to any other person and his heirs for ever, his manor, all entirely together, with all the privileges and