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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 Constitu
XXXIV. The palatine himself, when he in person shall be either in the army, or in 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
XXXV. 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 palatinate 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 disturbances of the public peace, upon pretence of religion, as also the licence of printing. The twelve assistants belonging to this court shall be called recorders.
XXXVI. Whatever passes under the seal of the palatinate, shall be registered in that proprietor's court, to which the matter therein contained belongs.
XXXVII. 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 his vice-chancellors.
XXXVIII. The chief justice's court, consisting of one of the proprietors and 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 the registries of writings and contracts shall
belong to the jurisdiction of this court. The twelve assistants of this court shall be called masters.
XXXIX. The constable's court, consisting of one of the proprietors and his six counsellors, who shall be called marshals, 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.
XL. In time of actual war, the constable, whilst 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.
XLI. 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 admiralty; 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,
XLII. 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 and service appoint, shall be the immediate great officers under him, and the proconsuls next to them.
XLIII. 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.
XLIV. 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, post, 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 court 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.
XLV. The chamberlain's court, consisting of a prietor and his six counsellors, called vice-chamberlains, shall have the care of all ceremonies, precedency, heraldry, reception of public messengers, pedigrees, the registry 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 also it shall belong to convocate the grand council. The twelve assistants belonging to this court shall be called provosts.
XLVI. 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 farther appeal.
XLVII. The proprietors' courts shall have a power to mitigate all fines, and suspend all executions in criminal causes, either before or after sentence, in any of the other inferior courts respectively.
XLVIII. 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 despatch such affairs, either where the court is kept, or elsewhere, as the court shall think fit.
XLIX. In all the proprietors' 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.
L. The grand council shall consist of the palatine and seven proprietors, and the forty-two counsellors of the several proprietors' courts, who shall have power to determine any controversies that may arise between any of the proprietors' courts about their respective jurisdictions, or between the members of the same court about their manner and methods of proceeding; 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.
LI. 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.
LII. 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 otherwise should have been tried in the court in which the said counsellor is judge himself.
LIII. 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.
LIV. The quorum of the grand council shall be thirteen, whereof a proprietor, or his deputy, shall be always one.
LV. 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.
LVI. 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 §LXXVI., and except also in nominating and choosing landgraves and cassiques, as in § X. 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.
LVII. No deputy of any proprietor shall have any power, whilst the deputator is in any part of Carolina, except the proprietor, whose deputy he is, be a minor. LVIII. During the minority of any proprietor, his guardian shall have power to constitute and appoint his deputy.
LIX. 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 cassiques, who shall be personally in Carolina, shall of course be his deputy.
LX. Each proprietor's deputy shall be always one of his own six counsellors respectively; and in case any