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town or place that they last met in to choose parliament-men; and there choose those members that are to sit the next November following, unless the steward of the precinct shall, by sufficient notice thirty days before, appoint some other place for their meeting, in order to the election.
LXXVI. No act, or order of parliament, shall be of any force, unless it be ratified in open parliament, during the same session, by the palatine or his deputy, and three more of the lords proprietors, or their deputies; and then not to continue longer in force but until the next biennial parliament, unless, in the mean time, it be ratified under the hands and seals of the palatine himself, and three more of the lords proprietors themselves, and by their order published at the next biennial parliament.
LXXVII. Any proprietor, or his deputy, may enter his protestation against any act of the parliament, béfore the palatine or his deputy's consent be given as aforesaid ; if he shall conceive the said act to be contrary to this establishment, or any of these Fundamental Constitutions of the government. And in such case, after full and free debate, the several estates shall retire into four several chambers: the palatine and proprietors into one; the landgraves into another; the cassiques into another; and those chosen by the precincts into a fourth ; and if the major part of any of the four estates shall vote that the law is not agreeable to this establishment, and these Fundamental Constitutions of the government, then it shall pass no farther, but be as if it had never been proposed.
LXXVIII. The quorum of the parliament shall be one-half of those who are members, and capable of sitting in the house that present session of parliament. The quorum of each of the chambers of parliament shall be one-half of the members of that chamber.
LXXIX. To avoid multiplicity of laws, which by degrees always change the right foundations of the original government, all acts of parliament whatsoever, in whatsoever form passed or enacted, shall at the end of an hundred years after their enacting, respectively cease
and determine of themselves, and without any repeal become null and void, as if no such acts or laws had ever been made.
LXXX. Since multiplicity of comments, as well as of laws, have great inconveniencies, and serve only to obscure and perplex; all manner of comments and expositions, on any part of these Fundamental Constitutions, or any part of the common or statute law of Carolina, are absolutely prohibited.
LXXXI. There shall be a registry in every precinct, wherein shall be enrolled all deeds, leases, judgments, mortgages, and other conveyances, which may concern any of the land within the said precinct; and all such conveyances, not so entered or registered, shall not be of force against any person or party to the said contract or conveyance.
LXXXII. No man shall be register of any precinct who hath not at least three hundred acres of freehold within the said precinct.
LXXXIII. The freeholders of every precinct shall nominate three men ; out of which three, the chief justice's court shall choose and commission one to be register of the said precinct, whilst he shall well behave himself.
LXXXIV. There shall be a registry in every signiory, barony, and colony, wherein shall be recorded all the births, marriages, and deaths, that shall happen within the respective signiories, baronies, and colonies.
LXXXV. No man shall be register of a colony that hath not above fifty acres of freehold within the said colony.
LXXXVI. The time of every one's age, that is born in Carolina, shall be reckoned from the day that his birth is entered in the registry, and not before.
LXXXVII. No marriage shall be lawful, whatever contract and ceremony they have used, till both the parties mutually own it before the register of the place where they were married, and he register it, with the names of the father and mother of each party.
LXXXVIII. No man shall administer to the goods, or have right to them, or enter upon the estate of any
person deceased, till his death be registered in the respective registry.
LXXXIX. He that doth not enter, in the respective registry, the birth or death of any person that is born, or dies, in his house or ground, shall pay to the said register one shilling per week for each such neglect, reckoning from the time of each birth, or death, respectively, to the time of registering it.
XC. In like manner the births, marriages, and deaths, of the lords proprietors, landgraves, and cassiques, shall be registered in the chamberlain's court.
XCI. There shall be in every colony one constable, to be chosen annually by the freeholders of the colony; his estate shall be above a hundred acres of freehold within the said colony, and such subordinate officers appointed for his assistance, as the county-court shall find requisite, and shall be established by the said county-court. The election of the'subordinate annual officers shall be also in the freeholders of the colony.
XCII. All towns incorporate shall be governed by a mayor, twelve aldermen, and twenty-four of the common-council. The said common-council shall be chosen by the present householders of the said town; the aldermen shall be chosen out of the commoncouncil; and the mayor out of the aldermen, by the palatine's court.
XCIII. It being of great consequence to the plantation, that port-towns should be built and preserved; therefore whosoever shall lade or unlade any commodity at any other place but a port-town, shall forfeit to the lords proprietors, for each tun so laden or unladen, the sum of ten pounds sterling; except only such goods as the palatine's court shall license to be laden or unladen elsewhere.
XCIV. The first port-town upon every river shall be in a colony, and be a port-town for ever.
XCV. No man shall be permitted to be a freeman of Carolina, or to have any estate or habitation within it, that doth not acknowledge a God; and that God is publicly and solemnly to be worshipped.
XCVI. [As the country comes to be sufficiently planted and distributed into fit divisions, it shall belong to the parliament to take care for the building o churches, and the public maintenance of divines, to be employed in the exercise of religion, according to the church of England; which being the only true and orthodox, and the national religion of all the king's dominions, is so also of Carolina; and therefore it alone shall be allowed to receive public maintenance, by grant of parliament*].
XCVII. But since the natives of that place, who will be concerned in our plantation, are utterly strangers to christianity, whose idolatry, ignorance, or mistake, gives us no right to expel, or use them ill; and those who remove from other parts to plant there, will unavoidably be of different opinions concerning matters of religion, the liberty whereof they will expect to have allowed them, and it will not be reasonable for us on this account to keep them out; that civil peace may be maintained amidst the diversity of opinions, and our agreement and compact with all men may be duly and faithfully observed ; the violation whereof, upon what pretence soever, cannot be without great offence to Almighty God, and great scandal to the true religion, which we profess; and also that Jews, heathens, and other dissenters from the purity of the christian religion, may not be scared and kept at a distance from it, but by having an opportunity of acquainting themselves with the truth and reasonableness of its doctrines, and the peaceableness and inoffensiveness of its professors, may by good usage and persuasion, and all those convincing methods of gentleness and meekness, suitable to the rules and design of the gospel, be won over to embrace and unfeignedly receive the truth ; there. fore any seven or more persons, agreeing in any reli. gion, shall constitute a church or profession, to which they shall give some name, to distinguish it from others.
* This article was not drawn up by Mr. Locke; but inserted by some of the chief of the proprietors, against his judgment; as Mr. Locke himself informed one of his friends, to whom he presented a copy of these constitutions.
XCVIII. The terms of admittance and communion with
any church or profession shall be written in a book, and therein be subscribed by all the members of the said church or profession ; which book shall be kept by the public register of the precinct where they reside.
XCIX. The time of every one's subscription and admittance shall be dated in the said book or religious record.
C. In the terms of communion of every church or profession, these following shall be three; without which no agreement or assembly of men, upon pretence of religion, shall be accounted a church or profession within these rules :
1. “ That there is a GOD.
3. “ That it is lawful, and the duty of every man, being thereunto called by those that govern, to bear witness to truth ; and that every church or profession shall in their terms of communion set down the external way whereby they witness a truth as in the presence of GOD, whether it be by laying hands on, or kissing the Bible, as in the church of England, or by holding up the hand, or any other sensible way."
CI. No person above seventeen years of age shall have any benefit or protection of the law, or be capable of any place of profit or honour, who is not a member of some church or profession, having his name recorded in some one, and but one religious record at once.
CII. No person of any other church or profession shall disturb or molest any religious assembly.
CIII. No person whatsoever shall speak any thing in their religious assembly, irreverently or seditiously of the government or governors, or state-matters.
CIV. Any person subscribing the terms of communion in the record of the said church or profession, before the precinct register, and any five members of the said church or profession ; shall be thereby made a member of the said church or profession.
CV. Any person striking out his own name out of any religious record, or his name being struck out by