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The
University of South Carohna
Libraries
Coleman Karesh Law Library
Digitized by the Internet Archive
in 2010 with funding from
Lyrasis Members and Sloan Foundation
http://www.archive.org/details/statutesatlargeo01edit
THE
STATUTES AT LARGE
SOUTH CAROIill^A;
EDITED, UNDER AUTHORITY OF THE LEGISLATURE,
THOMAS COOPER, M. D.— L. L. D.
VOLUME FIRST,
CONTAINING ACTS, RECORDS, AND DOCUMENTS OF A
CONSTITUTIONAL CHARACTER,
ARRANGED CHRONOLOGICALLY.
C0LU3IBIA, S. C.
PRINTED BY A. S. JOHNSTON.
1S36.
N-
COLEMAN KARESH LAW LmRAKS^ University of South CarUJfta
ITlUfllf Uf ClOtltf 11|l!li<
Page. Communication to Governor M'Duffie. i
Preface. iii
Report of the Judiciary Committee, Dec. 9, 1835. xii
Introduction to the Province Lavv^s of S. Carolina, by Nicholas Trott, L. L. D. 15
Contents of the first Charter of South Carolina. 21
First Charter granted by Charles 2d to the Lords Proprietors of Carolina. 22
Contents of the second Charter of South Carolina. 31
Second Charter granted by Charles 2d to the Lords Proprietors of Carolina, 31
Note of the Editor. 40
Extract from the manuscript journals of the House of Assem- bly : Volume from 1702 to 1706. August 30, 1702. 41
The fundamental Constitutions of Carolina — Drawn up by John Locke, March 1, 1669. - 43
Rules of Precedency. (Locke's Constitutions.) 56
An Act for removing and preventing all questions and disputes concerning the assembling and sitting of the present Assembly of the Settlement in South Carolina. 57
An Act for supporting the present government under the ad- ministration of the Honorable James Moore, Esq. the present Governor of the same, or any succeeding Governor ; 17 June, 1720. 5S
An Act for establishing an agreement with seven of the Lords Proprietors of Carolina, for the surrender of their title and in- terest in that Province to his Majesty. A. D. 1729. 60 Of the various promulgations of Magna Carta : by the Editor. 72 Contents of the Great Charter of King John, A. D. 1215. 75
iv TABLE OF CONTENTS.
Page,
Magna Carta Regis Johannis : l/)tli June, 1215, in the 17th year of the King's reign. In latin, with a translation. 78
Note of the Editor on the derivation of Runnymead. 97
Contents of the Statute of 25 Edward I, reciting and confirm- ing the Great Charter of 9th Henry 3d, A. D. 1297. 98
Magna Carta Regis Edwardi primi, 12th Oct. 1297, and 25th of his reign. 100
Petition of Rights : presented to Charles 1st, on the 2nd of June, 1628. 113
The King's answer thereto : and further petition thereon : with the reply. 115
An Act for the better securing the liberty of the subject, and the prevention of imprisonments beyond the seas ; commonly called the Habeas Corpus Act : 31 Charles 2, chap. 2, May, 1679. 117
Bill of Rights ; passed 1 William and Mary, Sess. 2, ch. 2, A. D. 16S9 : being an Act for declaring the rights and liberties of the subject, and settling the succession of the Crown. 124
The Constitution of South Carolina of 26 March, 1776; agreed to and resolved upon by the Representatives of South Carolina. 128
An Ordinance for establishing an Oath of Abjuration and Al- legiance; passed 13th February, 1777. 135
The Constitution of South Carolina, 19th March, 177S. 137
An Act enforcing an assurance of Allegiance and Fidelity to the State; 28 March, 1778. 147
Articles of Confederation. In Congress, July 8, 1778. 152
Act of Cession of Virginia of her title to land north and west of the River Ohio ; March 1, 1784. 159
Resolution of Congiess accepting the Cession of Virginia of lands north and west of the River Ohio; July 7, 1786. 162
Ordinance of Congress for the government of the Territory north and west of Ohio ; July 13, 1787. 162
Act of Virginia, 30 December, 1788, supplementary to the Act of Cession. 167
Act of Cession of South CaroUna, 8th March, 1787 and 9th August, 1787. 168
Remarks by the Editor. 169
Constitution of the United States; 17th Sepl. 1787. 171
Amendments to the Constitution of the United States. 181
Resolution of the two houses of the Legislature of South Carolina, respecting ainendments to the Constitution of the Uni- ted States; 18th Dec. 1829. 183
The Constitution of the State of South Carolina; June 3, 1790. 184
Temporary additions thereto, June 3, 1790. 192
Amendments to the Constitution of South Carolina of June 3, 1790, viz. Dec. 17, 1808. Dec. 19, 1810. Dec, 19, 1816. Dec. 2Q, 1820. Dec. 19-20, 1828. Dec. 6, 1834. 193
TABLE OF CONTENTS. v
Page. Resolution of the two houses, concerning the 4th Section of the Constitution; Dec. 17, 1831. 198
Resolution of the two houses, respecting Elections, and the 4th Section of the Constitution of this State; Dec. 10, 1833. 199
Documents and Records concerning Federal Relations generally. 201 Preliminary remarks by the Editor, viz: 201
Double character of the States' and the United States government. 202 Brief history of the Tariff of protection in its rise and Pro- gress among us. 203 Unconstitutionality of a Tariff Protection. 207 Injustice of a Tariff of Protection. 213 Inexpedience of a Tariff of Protection. 214 Objections to all Custom house taxation on foreign Imports. 216 Consolidation. 217 States Rights. 217 Nullification. 217 Power and jurisdiction of the Federal Judiciary. 219 Secession. 221 Coercion, 221 Allegiance. 221 Supremacy of a Congress Majority. 222 General Welfare. 222 Internal Improvements. 223 Report of the Committee on the preamble and Resolutions presented by Pleasant May, Esq. member from Chesterfield, on the subject of the Tariff. Dec. 8, 1820. 226
Report of the Special Committe on the decisions of the Fede- ral Judiciary, and the acts of Congress contravening the letter and spirit of the Constitution of the Union. Dec. 15, 1825. 228
Memorial, &c : being the x'eport of a special Committee of the Senate of South Carolina, on the resolutions submitted by Mr. Ramsay on the subject of States Rights. Dec. 12 & 19, 1827. 230
Protest and Instructions of the Legislature of South Caroli- na, on the right of Congiess to impose protecting duties on Im- ports: Dec. 19, 1828. 244
Resolutions on the right of Congi'ess to impose protecting du- ties : Dec. 20, 1828. 246
Exposition and Protest reported by the Special Committee of the House of Representatives of South Carolina, on the Tariff: Dec. 19, 1828. 247
Ordered to be piinted, but not adopted. See note of the Editor. 273
Report adopted by the Legislature of the State of GEORGIA, on the resolutions of South Carolina and Ohio. Ordered to be printed in the Pamphlet Laws, Reports and Resolutions of South Carolina, Dec. Session, 1829. 274
vi TABLE OF CONTENTS.
Page.
Memorial on the subject of the late TarifF. addressed by the General Assembly of the State of GEORGIA, to the Anti- Tariff States. Ordered to be printed with the Pamphlet Laws, Reports and Resolutions of South Carolina, at December Ses- sion, 1829. 277
Remonstrance to the States in favour of a Tariff; adopted by the Legislature of GEORGIA, Dec. 19, 1828. Ordered to be printed among the Laws and Resolutions of the State of South Carolina, at the Session of Dec. 1829. 286
Resolutions of Virginia, on the powers of the Federal Goveni- ment. Ordered to be printed with the Acts and Resolutions of South Carolina, at Dec. Session, 1829. 292
Resolutions of the Legislature of South Carolina, on the Constitution of the United States, and the powers of the Gene- ral Government. Dec. 17, 1830. 303
Report of the Committee on Federal Relations, concerning a letter from General Jackson, President of the United States; Dec. 14, 1831. 305
Documents relating to the Convention: first Session, which be- gan November 19, 1832. 309
An act to provide for the calling of a Convention of the Peo- ple of this State ; Oct. 26, 1832. 309 Note of the Editor, thereto. 310 Report of the Committee to whom was referred the Act to provide for the calling of a Convention of the People of this State. 312
An Ordinance to Nullify certain acts of the Congress of the United States, purporting to be Laws, laying duties and imposts on the importation of foreign Commodities ; Novr. 24, 1832. 329
List of such members of the Convention as signed the same. 331
Address to the People of South Carolina, by their delegates in Convention. 334
Address to the people of Massachusetts, Virginia, New York, Pennsylvania, North Carolina, Maryland, Connecticut, Vermont, New Hampshire, Maine, New Jersey, Georgia, Delaware, Rhode Island, Kentucky, Tennessee, Ohio, Louisiana, Indiana, Mississippi, Illinois, Alabama, and Missouri. 346
Resolutions respecting the Proclamation of the President of the United States. Adopted Dec, 17, 1832. 355
Report of the Committee on Federal Relations ; December 20, 1832. 356
Proclamation by the Governor of South Carolina; Dec. 21, 1832. 358
An act to carry into effect in part, an Ordinance to nullify certain acts of the Congress of the the United States, purporting to be laws, laying duties on the importation of foreign commodities,
TABLE OF CONTENTS. vii
Page. passed in Convention of this State, at Columbia, on the 24th day of November, in the year of our Lord 1832. 20th ])ec. 1832. 371
An Act concerning the Oath required by the Ordinance pas- sed in convention at Columbia, the 24th day of November 1832. 20th Dec. 1832. 375
Documents relating to the Convention ; second Session, which which began March 11, 1833. 377
Letter from the Governor of the State to the President of the Convention. 377
Letter from the Governor of Vii-ginia to the Governor of South Carolina. 380
Copy of the Preamble and Resolutions adopted by the Vir- ginia Legislature, and transmitted through their commissioner to the constituted authorities of this State. 381
Correspondence between the Commissioner of Virginia and the constituted authorities of this State. 384
Letter from Governor Robert Y. Hayne to the Hon. Benj. W. Leigh. 385
Letter from James Hamilton, Jr. to his Excellency R. Y. Hayne. 386
Report of the Committee to whom was referred the communi- cation of the Honorable Benjamin Watkins Leigh, Commissioher from the State of Virginia, and all other matters connected with the subject, and the course which should be pursued by the Con- vention at the present important crisis of our political affairs. 387
An Ordinance, 15th March 1833, rescinding the nullifying Ordi- nance of the 24th Novr. 1832. 390
Report on the mediation of Virginia. 391
Report of the Committee to whom was referred the act of Congress entitled " An act further to provide for the collection of duties on hnports." (Commonly called the FORCE BILL : 2d March 1833.) 394
An Ordinance to Nullify an act of the Congress of the United States, entitled, " An act further to provide for the collection of duties on Imports," commonly called the FORCE BILL. 400
An Act (of Congress) to modify the act of 14th July, 1832, and all other acts imposing duties on imports. (The present act is known as Mr. Clay's compromising Law.) 401
Note of the Editor thereto. 403
Documents, Memoranda, and Acts of Assembly relating to the Boundary Line of the State. 404
Preliminary Notices. 404
Extract from Timothy's Southern Gazette, October 21 ,1732, , „^
and Novi-. 4, 1732.
List of Documents- relating to the Boundary Line, now remain- ing in the Office of the Secretary of State, at Columbia. 407
viii TABLE OF CONTENTS.
Page.
Documents relating to the Boundary between North and South Carolina, to be found in the acts of the North Carolina Legisla- tui-e, and in the office of the Secretary of the State of North Carolina, at Raleigh, North Carolina. 409
Communication from Governor Swain, to Joseph G. Cogs- well, Esq. (for Dr. Cooper) on the Boundai-y line between North and South Carolina. 409
An Ordinance for ratifying and confinning a Convention be- tween the States of South Carolina and Georgia, concluded at Beaufort, in the State of South Carolina, on the 20th April 1787, and in the 11th year of the Independence of the United States. 411
Notes on the wording of the Articles agi-eed on. 413
An act to declare the assent of this State to a Convention be- tween this State and the State of Georgia, for the purpose of im- proving the navigation of Savannah and Tugaloo Rivers ; 20th December, 1825. 422
An act concerning the line of division between this State and the State of North Carolina : 21st Dec. 1804. 415
An act for ratifying and confirming a provisional agreement entered into between the State of South Carolina and the State of North Carolina, concluded at M'Kinney's, on Toxaway River, on the 4th Sept. 1813. 41$
Judge Brevard's Observations on the Legislative history of South Carolina: from the 1st Vol. of his digest of the Laws of the State. - 425
List of Judges and Attorney Generals. 439
Index. 441
COMMUNICATION To His Excellency George M'DuJjIie, Governor of South-Carolina:
Sir — Hei'ewith I transmit the collection of materials meant to form the ■first volume f)f the Statutes at Large of South-Carolina. They can easily be arranged for the Printer under my own superintendence and inspection, when the jilan of the volume is finally settled by a Committee of the Legis- lature, and when it is finally decided whether any and what parts of the pro- posed materials shall be excluded from the volume. They consist of
First, The acts, documents and proceedings of a constitutional character, all of which the Editor considers as expedient to be adopted. The reasons of his opinion are contained in the preface to the work herewith transmitted,
Secondly, The legislative acts of Assembly, as adopted and arranged by Judge Grimke, in his 4th edition of the public Laws, from the year 1694 to 1740. From the condition of the very eai'ly acts of Assembly in MS. and the want of present interest in the subjects of them, the Editor has not thought fit to commence earlier.* All the English Statutes declared of force by act of Assembly, or any othei* reason, or under any other authority, are inserted with the sjiecific reasons for their insertion.
Thirdly, The sections and clauses of acts which .Judge Grimke has reject- ed as obsolete or repealed : these have been copied from the original acts, because it appeared to the Editor desirable that the laws should be pre- sented unmutilated by any private authority ; and for the reasons also assigned in his preface. Whatever order shall be finally taken on this part of the collection, the Editor will comply with, and if this supplement to the hitherto mutilated acts as published shall be adopted, the Editor will take care of their due and orderly insertion.
FourtMy, The notes and references of the Editor to such acts as seemed to require illustration and comment. He has inserted to each act, where they were called for, a reference to every other act subsequently passed, relating in whole or in part to the same suhject matter : a reference also to every decision thereon, throughout the twenty two volumes of South-Carolina Reports.
The plan of this work cannot be finally and satisfactorily adjusted, till it has been submitted to the inspection of His* Excellency the Governor, and through him to the Legislature. When the plan is settled, the Editor will proceed therein with as much despatch as is consistent with accuracy.
I have the honor to be, respectfully, sir,
Your obedient servant,
THOMAS COOPER.
But see the Report of the Judiciary Committee of December 9, 1835, unanimously adopted by the Legislature, inserted at the end of this Preface, directing the present edition to commence with the laws of 1682.
PREFACE.
The legislative records of South-Carolina commence in 1682 : from that time to the present, no plan sanctioned by public authority has been fomied and executed to collect, revise or digest our wiitten Laws. The acts of Assembly have continued to increase by annual additions, pre- served chiefly in loose and fugitive publications, until it has become extremely difficult to make a collection of our lava's that shall fonn the basis of any future revision, condensation, or digest. Of these laws, enacted during a period of more than 150 years, many have been repealed, many have become obsolete, others have been at various times altered and modified, many have been passed without a due reference to fornier enactments, many British Statutes have been adopted by foraial and direct reference, others have been made of force indirectly and as a class of s-tatutory provisions; until the Statute Law of South-Carolina has become a confused mass of legislation, difficult to be collected, and still more difficult to be clearly understood by the citizens who are required to obey its regulations. Revisal, condensation, amalgamation, and some- thing in the farm of an intelligible digest, have become absolutely neces- sary; and every year of neglect adds to the labor and the difficulty of performing this indispensable duty.
It is manifest, that before any step of this kind can be taken for the future, it is necessary to have under our view the whole gi-ound occupied by past legislation. We must know, precisely, what has been done, why it has been done, when it has been done, and how it has been done, before we can go to work to ascertain with reasonable certainty what remains to be done. I have endeavored to supply this want by collecting in a chro- nological series the whole mass of our public legislation, accompanied with such notes and references, as may tend to elucidate what has been, and facilitate what remains to be accomplished.
A collection of the laws of the Province of South-Carolina was made by Chief Justice Trott, about the year 1736. It was in folio. It com- prised all the acts of Assembly then in force, together with the titles of such other acts as had been passed from the first settlement of the country. Judge Trott, a learned and labourious Jurist, and during many yeais a person of great influence in South-Carolina, died 21st January, 1740, aged 77 years.
Judge Grimke, in the year 1790, published a collection of the laws of a public nature, then deemed in force : with the titles of all the acts passed
IV.
PREFACE.
from tlie first establishment of civil govenimeiit in the Province. His collection ends with the Constitution of Juno 3tl, 1790. Judge Grimke has excluded all the acts of Assemhly that have been repealed, that have expired, or that, under his view of the subject, have become obsolete. These cases of exclusion he has adopted, with a latitude that I dare not follow, and which sometimes has been exercised to(j loosely in his work. It by no means, therefore, supplied the gi-eat desideratum of the Bench and of the Bar — a work that might be fairly called the Statutes at large.
The digest of the Laws published by Judge Brevard, in 3 volumes, 1814, exhibits, perhaps, more sound judgment, as well as more laborious research, than the collection by Judge Grimke : but as Judge Brevard's compilation was intended for a manual only, it was not calculated to satisfy the wants of the profession or of the public. From that time to the present, upwards of 20 years, acts of Assembly have been annually heaped on each other, without any adequate means of cautious reference to what has been done precedently. Hence, I have carefully considered the wants of the profession and of the public in this respect, and have determined to submit to the Legislature, through the Governor of the State, a publication that shall fulfil the idea of the Statutes at large ; and which shall seiTe as an adequate basis or platform for future operations by the Legislature, and more satisfactory decisions by the Courts.
The resolution of the Legislature, December, 1834, under which I act, rans as follows :
" The Committee on the Judiciary, to which was referred the resolution to inquire into the expediency of procuring to be compiled and published the Statute Tiavi of this State, now of force, with a digested index there- to— and also that part of the Governor's Message on the same subject — having had the same under consideration, respectfully recommend the adoptinrn of the following I'esolution, viz :
"Resolved, That His Excellency the Governor be ' authorized and requested to employ some fit and competent person, to compile under his direction the Statute Law of this State, ""vith a digested index thereto : that he be requested to commvmicate at the next Session of the Legisla- ture the progress of this work, and the compensation he may deem just and equitable should be paid to the person thus employed : and that the Governor be further authorized to pay from time to time such sum or svuns as upon inspection of the work he may deem equivalent to the labor actu- ally bestowed on the same by the person thus employed."
In considering this resolution, I have thought myself authorized to put such a construction upon it, as would best answer the object intended, and comport with the constitutional power of the Legislature.
I am required to compile an edition of the Statute La.w of South-Caro- lina: is it to be an imperfect and mutilated edition of our public Law, or one that will answer the description of the " Statutes at large"?" I have prefeiTed the latter : because, it is better to insert somewhat too much than somewhat too little : because, the reasons for a present law, are often derived from, and the law itself elucidated by, tlie imperfections it is
PREFACE. V.
meant to supercede : hccause, wo cannot xmilersland the fuimer defects, or the prof^ressive improvement of our legislation, unless by a full series of our public Laws j^lacing it under our vievv' : Iccause, nglits become vested during the continuance of Laws subsequently repealed, wliicli the courts cannot decide on, without reference to the repealed statute, under which they originated : because, present legislation is enlightened by the reasons that have occasioned former enactments to be rejected. These considerations appeared to me sufficient to justify, in a national work, the insertion of Laws of a public nature, that have been repealed. It is not a manual that is at 'present in question ; but the body of the Statute law of the State. Nor can any manual worth looking at, be compiled, unless it be based on this full and complete collection of the Statutes at large.
I have not deemed myself authorized under this resolution to decide what part of our statute law is of force, and what is not of force — what is obsolete and what is yet valid. Because, although ministerial authori- ty may be delegated, legislative authority cannot. I should hold myself sadly wanting in due respect to the Legislature, if I were to conceive myself at liberty, under this resolution, directly or indirectly to abrogate what they have thought fit heretofore to enact; or to declare any thing as law under my own authority This is a power too great to be intrusted to any individual, even if the constitution did notforhid it. That instniment gives the power of re])ealing a law, that is the power of declaring it is not in force, to the legislature alone. The 7th article of our Constitution enacts, That all laxos of force in this State at the passing of this Constitu- tion, shall so continue until altered or repealed, by the Legislature, except where tliey arc temporary, in which case, they shall expire at the times respectively limited for their duration, if not continued, hy the Legislature. Moreover, it was solemnly decided in 1814, Cohen v. Hoff, 2 Tread. Con. Rep. 657, that the GoveiTior has no discretionary power of appointment to the exercise of judicial functions : he must confine himself in this respect strictly within the constitutional limitations. Farther, in 1S17, when the trial by battle was demanded on an appeal of murder, in the case of Abra- ham Thornton, in the court of King's bench, the Judges were of opinion that they had not the power of declaring this barbarous mode of decision obsolete, either from disuse or its manifest absurdity : they detennined that it must be abrogated, not by them but by the Legislature : an act of parliament was accordingly passed, 59 Geo. 3, ch. 46.
An act of Parliament cannot be repealed by non v.ser. White qui tarn v. Bott, 2 Term. Rep. 275. Such an opinion may have prevailed at dift'erent times in England, but it is unfounded, and has no warrant in our law. — Dwan-is on Statutes, p. 672. The French law (Discours pi-eliminaire du premier projet du Code Civil,) acknowledges that a law may become obsolete from desuetude by universal consent, but expressly declines laying down any rule or foiTnal provision on the subject, from the danger that might thence arise.
vi. PREFACE.
In the f'uco of tlit^se aiilhorilies, liow can I jnesume to decide, by omil- liug its inst'itioii, wliat law is obsolete or not — what law is in force or not — unless where legislative authority has expressly defined the line of my duty in the case before me 1 I may (as I shall do) suggest that a law is obsolete, but I cannot leave it out, if it bears on the face of it a public character.
If it l)e a good rule to be cautious in committing discretionary author- ity, it is a still better rule to be cautious in assuming it; and I hope to be forgiven if in my own case I feel the necessity of this caution. I have therefore thought fit, on mature consideration, to submit to his Excellency the Governor the following plan of publication, viz :
To insert first, all the laws of a CONSTITUTIONAL character, rela- ing to South-Carolina as a Province, and as a State.
I have inserted Magna Charta, the Petition of Right to Charles 1st, the Habeas Coipus Act, and the Bill of Rights ; partly under the specific enactments, and jiartly under the authoiity of the following section of the Act of Assembly of 1712. (Grimke's Public Laws, p. 98) viz :
"Sec. 3. AJl f/tc Statutes of the Kingdoin of Eiigland, relating to the Allegiance of the. people to her present Majesty Queen A?me, and her lawful ■ successors, and the several public oatJis, and requiring the tests to be subscribed hy the people, and, also all such Statutes in the Kingdom of England as declare THE Rights and Liberties of the subject, and enact the better securing the same ; and so much of the said Stattitcs as relates to the above mentioned particulars of the allegiance of the j^cople to their Sovereign, the public oaths, and subscribing the Tests required cf them, and the declaring and securing the rights and liberties of the subject, are hereby enacted and declared to extend to, aiidto be of full force in this province ^ as if parti- cularly enumerated in this act.'"
It is true, that much of these ancient English documents are now in fact obsolete ; the provisions therein enacted have done their duty, and they are in great part superceded ; but as the Legislature of South Carolina has thought fit expressly to enact and adopt them, and has not yet seen fit to reject or repeal them, I am bound to insert them ; nor can I exercise a discretionary power of rejection in direct defiance of an existing law of the land.
All the Statutes at large of England, in all their editions, commence with the amended Magna Charta of Henry III., as re-enacted and con- firmed by Edward I. This was the case with Joseph Keble's edition, adopted by the Provincial Assembly, Dec. 1712. The Great Charter of King John, the charter, by way of eminence, of our Historians, was not then known to the public by any authoritative edition. It has been made known since by the publications principally of Rapin the Historian, Sir William Blackstone, the engraved fac simile of the Cotton library manu script, and the last magnificent edition of the English Statutes at large, recently published by Mr. Cooper, under the authority of the Parliamen- tary Committee. From these sources now before me, I have thought it
r RE FACE. vii.
tlesh'able to republish it in my first vokinie, uiidei llic aiitliurity of tlio 3J Section of tlie Ai:t of 1712, and tli(3 tliscussion in tlio Ist vol. of Jiay's Rep. 384 ct seq. These documents have undoubtedly suggested our American idea of written Constitutions. The Colo/iial Chartvrs laying at the foundation of our Laws, I have deemed it necessary to re[)idjlish with Chief Justice Trott's useful remarks. The Comtilution of John Locke, though not foniially adopted by the Legislature, I was compelled to republish, because the language employed in some of our early acts of Assembly would be unintelligible without a reference to that document.
All the other acts, constitutions, and illustrations of the legislative pro- ceedinsfs of the State, inserted under the class of CONSTITUTIONAL documents, are well worth preserving as parts of our constitutional and legislative proceedings ; and unless contained in this publication, they would in a few years be lost, no more to be collected or remembered.
The second part of this work will consist of our LEGISLATIVE enactments, or public laws properly so called ; repealed and unrepealed, obsolete or otherwise ; with notes and references designating such laws or parts of laws as may be repealed, or considered as obsolete in a popular sense, although not so declared by any legislative authority ; the only existing authority, that has the right to expunge them : an authority, which in my opinion the Legislature cannot delegate to any man or set of men. It is the high and exclusive prerogative of our Legislature ; to be exercised by them and by them alone.
TABLE OF CONTENTS.
Judge Ti'Ott's introduction to the Charters of the Pi'ovince.
Table of Contents of the first Charter.
The first Provincial Charter.
Table of Contents of the scond Charter.
The second Provincial Charter.
Extracts by the Editor from the minutes of the Provincial Legislature, rejecting the Constitutions jiroposed for Carolina.
John Locke's Constitution, with reasons for inserting it.
Act of. 23d Dec. 1719, declaring the session of the Assembly valid.
Act of 17th June, 1720, for supporting the present Government, and renouncing the Proprietary Government.
Act of Parliament of 1729, establishing the agi-eement with seven of the Lords Proprietors, and their sun-ender of Carolina.
The above three articles relate to the Revolution of 1719.
Notes by the Editor on the vai'ious promulgations of Magna Charta.
Table of Contents of the GREAT CHARTER of King John.
The Magna Charta of King John, signed at Runningmede, with a trans- lation.
Table of Contents of the Magna Charta, enacted 9 Hen. 3d.
Magna Charta of 9 Hen. 3, confirmed 25 Edw. 1, with a translation.
The Petition of Right to King Charles 1st, and his acquiescence therein.
The Habeas Corpus Act of 31 Ch. 2d.
viii. PREFACE.
The Bill ol" Rights, 1st William and Mary, 1688.
The Constitution of South-Carolina, 26 March, 1776.,
Act establishing an oath of abjuration and allegiance, 13 Feb. 1777.
The Constitution of South-Carolina, 19 March, 1778.
Act enfoi-cing an assurance of fidelity and allegiance to the State, 28 March, 1778.
Declaration of American Independence, July 4, 1776.
Articles of Confederation, July 8, 1778.
Act of Cession of Virginia of her title to land riorth'West of the River Ohio, 1 March, 1784.*
An Ordinance fen' the Government of the Territory of the United States ncnth-west of the River Ohio. 13 July, 1787.
Resolution of Congi-ess respecting the same, July 7, 1786.
Supplementary act of Virginia, 30 Dec. 1788.
Constitution of the United States, 17 Sept. 1787, with amendments.
Report of the Committee of the Senate of South Carolina, Dec. 12, 1627, on the nature and origin of the federal government, page 69 of the Reports and Resolutions, in the pamphlet laws of December Session, 1827.
An act to provide for the calling of a Convention of the People of this State, passed 26 Oct. 1832. (See appendix p. 1 to the Pamphlet Acts of 1834.) The Convention met Nov. 19, 1832.
An Ordinance to Nullify certain acts of the Congress of the United States, purporting to be Laws laying duties and Imposts on the importation of foreign commodities. (See Journal of the Convention, p. 47, 24 Nov. 1832) ; with the report of the Select Committee, accomjianying that Ordinance. (See Jounial of the Convention, p. 27) 24 Nov. 1832.
An Addi-ess to the People of South-Carolina, by their Delegates in Convention, 24 Nov. 1832. (See p. 54 of the Journal of the Convention.)
The Address of the Convention to the People of the United States, 24 Nov. 1832: (See p. 68 of the Journal of the Convention.)
An Act to cany into effect, in part. An Ordinance to nullify certain Acts of the Congress of the United States, purporting to be Laws laying duties on the importation of foreign commodities, passed in Convention of this State, at Columbia, on the twenty-fourth day of November, in the year of our Lord 1832. Passed 20th December, 1832. (See Pamphlet Laws for 1832, page 15.
An Act concerning the Oath required by the Ordinance passed in Convention, at Columbia, 24th day of November, 1832. Passed 20th day of Dec. 1832. (See Pamphlet Laws for 1832, p. 22.)
Second Session of the Convention, March 11, 1833.
Report of the Committee, to whom was referred the Communication
* See the Collection of Laws of tlie United States, relating to public Lands : coH«cted under a resolution of the House of Representatives, 1st March, 1826, and an order dated 19th Feb. 1827 ; published by Gales & Scaton, 1828.
PREFACE. ix
of lire honorable 11 W. Leigh, Gonlmissioner from ihe .State of Virgniia and all other matters connected with the subject, and the course which should be j^ursued by the Convention at tlie present imjiortant crisis of our political affiiijs. Adopted IGth March, 1833. (See Journal of the Conven'tion, ji. 106.)
The Ordinance passed 15 March, 1833, on occasion of the Compromise Act of the Congress of the United States. (Journal of the Convention, p. 110.)
Repoit of the Committee, to whom was refeiTed the Act of the Con- •gi-ess of the United States, entitled "An Act further to provide for the collection of duties on Imports." Adopted March 18th, 1833. (See Journal of the Convention, page 121.)
An Oi-dinance to Nullify an Act of the Congi-ess of the United States, ■entitled A?i Act further to provide for the Collection, of Duties on Imports, commonly called the FORCE BILL, 18 March, 1833. (See Journal of Ihe Convention, p. 129v)
Tlie present Constitution of South-Carolina, with the amendments to 1834.
Documents, References, and Acts of Assembly relating to the BOUND- ARY LINE.
Judge Brevard's Observations on our Legislative history ; with additions.
Of the preceding catalogue of acts, statutes, ordinances and documents, the greater part must necessarily be inserted. Concerning some of them, doubts may arise whether they might not be omitted in this edition, altho' (as the Editor conceives) there is indisputable legislative authority for the insertion of every one of them : and as this work is not likely to be under- taken again for many years to come, it seems far better to admit a fewpages hiorethan are absolutely necessary, rather than leave our legislative history incomplete. Nor will the debateable matter now offered and proposed for insertion, occupy more than a third part of the volume at the utmost. When we see the long continued trouble, and the immense expense dedi- cated by the British Legislature to a work of the same kind, with the most decided approbation of the British public, we can hardly have any reason- able objections to incur a five hundredth part of that expense, in order that we may leave nothing to be desired by a man of legal research, whose professional duties compel him to resort to our collection.
But there is no need on the present occasion to appeal td the liberal example of the British Government in presei-ving the documents of their legislative history, in the late edition of their Statutes at large ; for, on the 7th day of December, 1827, our Senate
Resolved, That it is desirable and expedient to procure from the Office of the Colonial Department in England, copies of such papers and docu-
X. PREFACE.
meiOiti as relate to the histoiy of this State ; beginning with tlie Charter of Charles 2(1, in the year 1662. [As the present editor has also done.]
Rasolve/l, That his Excellency the Governor be, and he is hereby requested to take measures for procuring a List of all such papers ; also, for ascertaining whether it be practicable to obtain copies of the same, and what will be the probable amount that may be reqiurcd to pay for them.
Ordered, That it be sent to the House of Representatives for concur- rence.
By order of the Senate,
JOB JOHNSTON, C. S.
In the House of Representatives, Dec. 7, 1827.
Resolved, That the House do concur in the resolution.
Ordered, That it be returned.
R. ANDERSON, C. H. R.
What was done in consequence of this resolution does not appear. But on the 17th December, 1828, the preceding resolution was again passed in the same words, with an additional resolution, that a copy be furnished to His Excellency the Governor by the Clerk.
Which resolutions were concurred in by the House of Representatives, on the 18th Dec. 1828. (See pamphlet Laws and Resolutions for the year 1828, p. 37 of the Reports and Resolutions.)
Now, although these resolutions proceeded from a liberal and enlight- ened view of public expedience, yet the historical documents thus contemplated to be obtained, are not to be compared as to imme- diate and practical utility with those which the editor proposes to insert in the Constitutional dejiartment of the present volume. At any rate, his proposal of preserving these documents as exhibited in tJie present table of contents, is in perfect harmony with, and in pursuance of the spirit and intentions of the Legislature, twice over expressed in the above resolutions.
It seems to the Editor, moreover, that no future digest, code or col- lection of the whole or part of our Law, whether under legislative sanction or as a private undertaking, can be accurately or satisfactorily made, unless by the aid of these Statutes at Large with the accompany- ing notes and references, as a Basis and a platform whereon to build. It will be satisfactory to know what laws have been repealed, rejected, or lost in desuetude, that we may better understand the grounds and reasons of the more modem substitutions. All that can be reasonably required oy any future compiler up to this time, ought hei'e to be found, as I trust it will be. Such, then, are the reasons that induce me to offer this plan for the consideration of the Governor, and through him, of the Legisla- ture ; with whom it will ultimately rest to determine how much of it, if any, shall be rejected from the volume.
PREFACE. xi
Tlio rtucceediug part, oi' the work will bo appropriated to acts of a pmblic character, passed by oui" Pi'ovincial and State Asscmbliets, and will b© strictly LEGISLATIVE, comprising (for reasons above given) the acts repealed and not repealed ; the acts presumed, but not expressly declared by the Legislature to be obsolete ; and those that are undoubt- edly in force. These will be accompanied with notes and references to acts of Assembly, and to reported cases decided in the Courts of our own State. The Index w^ill be made up during the printing of the sheets, as is usual, because the paging cannot be inserted befoi-e.
When this edition of the Statutes at large of our own State, on tlie plan now proposed, shall be completed with a separate Index to each volume, the Editor contemplates making up a full general Index of all the Laws of a public nature that have been enacted ; arranged under appropriate heads, and comprising a digested summary or code of the Statute Law of the State as it stands ; and this will complete the work so far as the views of the Legislature appear to extend.
Indeed, the main object in view with many persons at the present time, IS a full and accurate digested INDEX of all our statutory enactments — an Index that may serve as a Code and Manual of our Statute Law, for popular use. It is certainly desirable that such a work should be under- taken and acccomplished ; and I propose this as part of the duty I have myself undertaken. But such has been our irregular and miscellaneous Legislation, and so many are the acts and parts of acts that have relation to one and the same subject, intermingled with other matter in clauses and places so unlocked for and unexpected to the generality of persons who consult our acts of Assembly (as will be apparent from the notes and references even now presented) that I assert without fear of contradic- tion, such a digested Index or Code cannot be prudently attempted, until the present edition of the Statutes at large, with the notes and references accompanying it, shall have been completed. This edition strchas I propose to make it, will be of absohite necessi'ty as a foundation whereon to build the more brief and popular compilation desired. With all the aids that can be furnished, a very difficult and laborious work it vnll prove to be; and it should not be commenced, till all those aids are actu- ally afforded, so that the compiler may have the whole ground before him.
This Prospectus is respectfully submitted to his Excellency tlie Gover- nor,, witli a request that if he should approve the suggestion, it may u»- clergo the examination of the Committee of the Legislature, to report how mudi of this plan shall be adopted or rejected, and how, and in what size* the work shall be printed, and by whom.
THOMAS COOPER.
The Edibotir sabmits v^^tker the numerous. Laws referaMc to the Soil- lowiHg heads', woi*ld not be more conveniently col'lect-ed' to form a rolmwe by themselves at the close of the work, \iz:
xii. T'REFacp:.
The series of Laws concerning SuppUe.'i and Appropriations. These should not be left out, because it is satisfactory to know the manner in which supplies have been raised from time to time, the objects upon which the public money has been expended, and how much each has cost. These items will undoubtedly come in aid of future legislation, and form a necessary part of our legislative history.
The laws concerning Roads, Rivers, Bridges, Ferries, Canals, and Rail Roads.
The Series of laws respecting Incorporated Societies,
The series of laws relating to the Citt/ of Charhstan.
The series of laws relating to the Militia, Cavalnj and Artillery.
The series of laws relating to the Colored Popidation.
The series of laws relating to the arrangement of Circuits, Circuit Courts, Courts of Common. Pleas and Quarter Session, Courts of Equity, Constitutional Courts, and Courts of Appeal.
Each of the preceding classes comprises so many laws, that if they be dispersed through the volumes chronologically, a reference to them, even ■yvith the aid of an index, will be extremely ti'oublesome and laborious. If they be collected together, and each class aiTanged according to the order of date when each law was passed, the convenience of consultation ?ind desirable accuracy, will be greatly facilitated.
All which is respectfully submitted, by
THOMAS COOPER, M.D. L.L.D.
December 9tk, 1835.
The Committee on the Judiciary, to whom was referred that part of the Governor's Message, wh\ch respected his proceedings under the Reso- lution adopted at the last session of the Legislature, authorizing a Digest of I he Statutes to be prepared, beg leave to
REPORT,
That they have examined, with all the care which their time permitted, the materials prepared by Dr. Cooper for the work in which he is engaged, and the plan which he purposes to adopt in its prosecution ; they are not only satisfied with the laborious research and sound judgment which are exhibit- ed, but they cannot doubt if he is enabled to fill up the outlines which have been presented, the work will be of inestimable utility to the public, and form a lasting monument to the learning and ability of this distinguished jurist.
The Committee recommend that the Digest be completed on the plan submitted by Dr. Cooper, in his preface, commencing with the legislative records in 1682, and that the work be published by him with the aid and counsel of two gentlemen to be appointed by the Legislature.
. PREFACE. xiii.
As the Committee rejrard it as of the last importance to secure tlie entire intellectual powers of Dr. Cooper, and as the proposed work requires much and severe manual labour, they recommend that he be permitted to emj)loy a clerk, to whom the salary of five hundred dollars shall be allowed for his services.
They also recommen<l that the suggestion oi" the Crovernor be adopted as to the salary to be paid to Dr. Cooper while engaged in the prosecution of the work. Respectfully submitted,
B. F. DUNKIN, C/mirman.
The above Report was unanimously atloptcd by both Houses of the Legislature.
i/'r"
*»
THE
INTRODUCTION TO THE PllOYINCE LAWS
OF SOUTH-CAROLINA. BY NICHOLAS TROTT, L. L. D.
His late Majesty King Charles the Second, by his royal Charter, bearing Trott's date at Westminster, the twentieth day of March, in the fifteenth year of I^'troduction his reign, Anno Domini 1662-3,* did give and grant unto Edward, Earl of Clarendon, George, Duke of Albennarle, William Lord Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett,Ivnt. and Bart. Sir William Berkley, Knight, and Sir John Colleton, Knight and Bm-onet, a large teiTitory or tract of ground in America, bounded within 36 and 31 degrees of Northern Latitude, and West in a direct line as far as the South Seas, as in the said Charter (a) is more particularly set forth: Whicli said territory or tract of ground, was by his said Majesty in the said Charter (b) erected into a Pro\'ince, by the name of the Province of Carolina, and tliey, the said Edward, Earl of Clarendon, George, Duke of Albemarle, William Lord Craven, John Loi'd Berkeley, Antony Lord Ashley, Sir George Carterett, Sir William Berkeley, and Sir John Colleton, were made and constituted (c) the tnie and absolute Lords and Proprietors of the said Province ; saving the faith, allegiance, and sovereign Dominion, due to the King, his heirs and successors. And accordingly by the said Charter, the said Lords Proprietors are invested with all the Royalties, Jurisdictions, Privileges, Powers and Authorities necessary for the Govern- ment of the said Province. And his said Majesty King Charles the Second, by a second Charter bearing date at Westminster, June thirtieth, in the seventeenth year of his reign. Anno Domini 1665, did confirm unto the said Lords Proprietors, the above-mentioned grant of the Province of Caix)lina, and did enlarge the Bounds thereof, as the same is particularly set forth in the said Charter, and did unite the Lands so added unto the said Province of Carolina, and did confirm and renew unto the said Lords Proprietors, as in the first Charter, all the Royalties, Jurisdic- tions, Privileges, Powers and Authorities necessary for the government of the said Province, with all and singular the like, and as ample rights, Jurisdictions, Privileges, Prerogatives, Royalties, Liberties, Immunities, and Franchises of what kind soever, within the ten'itory or limits aforesaid of the said Province of Carolina; To Have, hold, use, exercise and enjoy the same, as amj^ly, fully, and in as ample a manner, as any Bishop of Durhamf in the Kingdom of England, ever heretofore had, held, used or enjoyed, or of right ought or could have, use or enjoy.
* 1662-3, Marcli 20th. — It may be useful to explain this mode of Chronological notation. The historical year commences January 1st. The civil year of England commences March 25th. Hence, all the days between .January 1st and 3Iarch 2.5th, are liable to be designated cither as belonging to the historical year or to the civil year. 3Iarch the 20th, above mentioned, will fall n the historical year 1663, and in the civil year 1662. — EuiTOii.
t The Bishoprick of Durham is a Palatinate
U, STATUTES AT LARGE
Trott's 'I'liis sfvid two {,'liaitors are exemplified, and placed immediately afteT
.vTiioi)icrio> ^j^^^ Introduction. ^lis said Majesty King Charles the second, having by his said royal Charter, granted unto the said Lords Proprietors the said Province of Carolina, the said Lords Proprietors did agree upon Funda^ mental Constitutions for the better Government of the said Province, contained in eighty-one articles, hearing date July twenty-first, 1669f and signed,
ALBEMARLE fL. S.J CRAVEN, (L. S.J
BERKLEY fL. S.J
ASHLEY fL. S.J
G. CARTERET fL. S.J P. COLLETON fL. S.J
The Preamble to the said Constitutions is as follows^ " Our sovereign Lord the King, having out of his Royal Grace and " Bounty, granted Unto us, George, Duke of Albemarle, Captain General " of all his Majesty's forces, Edward, Earl of Clarendon, William, Earl of " Craven, John Lord Berkley, Anthony Lord Ashley^ Chancellor of the Ex- " chequer, Sir George Carterett, Vice Chamberlain of his Majesty's house-- " hold, Sir Peter Colleton, Baronet, and Sir William Berkley, Knight, the " Province of Carolina, with all the Royalties, Properties, Jurisdic- " tions and Priviliges of a County Palatine, as large and ample as the " County Palatine of Durham; for the better settlement of the Government " of the said i>lace, and establishing the interest of the Proprietors, with " equality and without confusion, and that the government of this Provilice " 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 the erecting a " numerous democracy ; We, George, Duke of Albemarle, Edward, Earl " of Clarendon, William, Earl of Craven, John Lord Berkley, Aflthony Lord " Ashley, Sir George Carterett, Sir PeterColleton, and Sir William Berkley, " the true and absolute Lords and Proprietors of the Province aforesaid, " have agreed to this following form of Government, to be perpetually " established among us, unto which we do oblige ourselves and our heirs, " in the most binding Way that can be devised."
In a few months afterwards, the said Lords Proprietors agreed upon the SECOND fundamental Constitutions of Carolina, contained in one hundred and twenty Articles, bearing date the first day of March 1669-1G70, and signed and sealed,
ALBEMARLE CRAVEN ASHLEY CORNBURY JO. BERKLEY G. CARTERET P. COLLETON
The THIRD Fundamental Constitutions of Carolina, containing one hun- dred and twenty articles, dated the twelfth day of January 1681-2, and were signed and sealed
CRAVEN, Palatine. BATH, for the P. COLLETON
ALBEMARLE Lord CARTERET JOHN ARCHDALE for
SHAFTSBURY SETH SOTHELL THOS. ARCHDALE.
The Fourth Fundamental Constitutions of Carolina contained one hun-' dred and twenty-one articles. But my copy of the said fourth Constitutions being imperfect, I can neither give the date of the said Constitutions, nor the names of the persons that signed the same.
OF SOUTH CAROLINA. 17
The FIFTH and last Fundamental Constitutions of Carolina, consisting of Trott's forty-one articles, bearing date the eleventh day of April, 1698, were signed and sealed,
BATH, Palatine, i BATH, for the WM. THORNBURGH foi A.ASHLKY. \ Lord CARTERET. Sir .JOHN COLLETON. CRAVEN. THO. AMY". VVM. THORNBURGH.
The Preamble to the fillh and last fundamental Constitutions of Carolina, is as follows —
" Our late Sovereign Lord King Charles the second, having out of his " royal grace and bounty, granted to us the Pro^•iuce of Carolina, with " all the Royalties, Proprieties, Jui-isdictions and Privileges of a County " Palatine, as large and ample as the County Palatine of Durham, with " other great jirivilegcs ; for the better settlement of the GJovennnent of the " said place, and establishing the interests of the Lord Proprietors, with " equality and without confusion, and that the Government may be most " agreeable to the Monarchy under which we live, and of which this Pro- " vince is a part, and that we may avoid erecting a numerous democracy; " We, the Lords Proprietors of the Province aforesaid, with the advice and " consent of the Landgraves and Caseques and Commons, in this present " Parliament assembled, 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 way that can be devised."
These several Fundamental Constitutions of Carolina above mentioned, were drawn up and agreed upon by the then Lords Proprietors, as a scheme or modell of Government, with design to be proposed to the people of Carolina, for their consent, and so to pass into a Fvmdamental unalterable Law. But the people by their Representatives in assembly never giving their consent to any of the above mentioned Constitutions, no one of them ever obtained the force of a Law in South-Carolina, and therefore are not insei'ted here in this (Trott's) collection of the Laws of the said Province. How far they may be binding to the Lords Proprietors, amongst themselves, I shall not take upon me to determine.
The first person that by the Loi'ds Proprietors was constituted Gover- nourof the Province of South-Carolina, was Col. William Sayle.
A copy of his commission I have by me, bearing date July 26, 1669. It is in the name of George, Duke of Albemarle, Edward, Earl of Clarendon, William, Earl of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir Peter Colleton, and Sir William Berkley, and directed " To our trusty and well beloved. Col. William Sayle, Governour of all that Territory, or part of the Province of Carolina that lies southward and westward of Cape Carteret, and to our trusty and well beloved, our Coun- sellors and assistants to our said Governour."
To this commission there was added Instructions, consisting of fourteen articles. The Palatine and the rest of the Lords Proprietors sent over further instructions, which they styled " Temporary Laws, Commissions and instructions from the Palatine and the rest of the tnie and absolute Lords Proprietors of the Province of Carolina, to the Governour and Coun- cil of Ashley River in the said Province." These instructions consist of nineteen articles, and the model of the town, and bear date at Whitehall, May 1st, 1671. In the same book in which is contained several Transcripts of-old records relating to Carolina, these follows, —
" Resolves agi-eed on by the Lord Pi-oprietors, that till by a sufficient " number of inhabitants the Government of Carolina can be administred VOL. L— 3.
18 STATUTES AT LARGE
Trott's acrording to tlie fonn established in the Fundamental Constitutions," — con- .NTnoDJcTioN gjgfjjjg Qf seven articles, but without date. But ilie instructions that imme- diately follow in the same book are dated December tenth, 1671, consisting of four ar:icles.
So those resolves being placed between those temporary Laws or Instruc- tions, May 1st, 1671, and the instructions dated the tenth of December following, it is very probable that those resolves were made in the same year, 1671.
Then follows instructions from the Palatine and the rest of the true and absolute Lords and Proprietors oftheProvinceof Carolina, dated June twen- tieth, 1672, consisting of six articles. In the Preamble to which is set forth as followeth;
" Since the paucity of nobility and people will not permit the Funda- " mental Constitutions presently to be put into practice, it is necessary for " the supply of that defect, that some temporary laws should in the mean " time be made for the better ordering of affairs, till by a sufficient number "" of inhabitants of all degrees, the Government of Carolina can be admin- " istred according to the form established in the Fundamental Constitu- " tions ; We, the Lords Proprietors of Carolina, upon due consideration, " have agreed to these following ;"
1st. The Palatine shall name the Govemour, &c. then follows —
Agrarian Laws, or Instructions from the Lords Proprietors to the Go- vernour and Council of Carolina, containing twenty-three articles, the Preamble to which is as follows :
" Since the whole foundation of Government is settled upon a right and " equal distribution of land, and the orderly taking of it up is of great " moment to the wellfare of this Province ; and although the regulation of " this, need not be perpetual , yet since all the concernment thei-eof will " not cease as soon as the Government comes to be administred according " to the forms established in the Fundamental Constitutions, that the whole " distribution and allotment of land may be with all fairness and equality, " and that the convenience of all degrees may be as much as is possible in " their due proportion provided for. We, the Lords Proprietors of Carolina, " have agreed on these following Temporary Agrarian Laws.
" Before any river begin to be planted," &c.
And the last article is as follows —
" XXIII. If the Governour and Council in Carolina, shall at anytime " hereafter represent to the Lords Proprietors, that any of the Agrarian " Laws for taking up and setting out of land, are inconvenient, the Lords " Proprietors reserve to themselves a power of altering the same."
These Agrarian Laics, or instructions, are without date, but I suppose they might be sent with the Instnictions immediately preceding, dated June 20th, 1672, and were of the same date. All these instructions or temporary laws, as they tei-m them, I suppose were made and sent during the govern- ment of the said Col. William Sayle, Joseph West, Esq. (the first time of his being Govemour) and Sir John Yeamans, Bart., the latest of them being dated June twentieth, 1672, and Sir John Yeamans was proclaimed in April, 1672. Col. William Sayle, the Governor, dying, he was succeded by Joseph West, Esq. who was chosen Governor August 28th, 1671, being the first time of his being Governor. And he was succeeded by Sir John Yeamans, Bart., whose commission was dated Decem.ber 26th, 1671, and who was proclaimed Governor, April 19th, 1672 ; he died in Auguct, 1674.
OF SOUTH CAROLINA. 19
I cannot find any acts of the General Assembly passed during the several Governments of the said Col. William Sayle, Joseph West, Esq. the first "^ time of his being Governor, or Sir John Yeanians.
At a Coiuicirheld August l-'ith, 1674, Col. Joseph West was again chosen Governor, upon the death of Sir John Yeamans, being the second time of his being Governor, and continued Governor until September 26, 1682.
All the acts of the General Assembly that I could find, passed during the second time of Col. West's being Governour, the titles of them are contained in this collection, from number 1 to 19, and are the most ancient acts of Assembly that I could find, upon a diligent search in the Records of the Secretary's office, and upon perusing some old books and transcripts of laws which I have, that contain laws more ancient than any in the Secretary's oflSce.
At a Council held September 26th, 1682, Landgrave Joseph Morton produced a commission from my Lord Craven to be Governour, and accord- ingly took his place as Governor, being the first time of his being Governor.
I do not find any acts of General Assembly, passed in the first time of Landgrave Morton being Governor.
On September 6th, 1684, .Joseph West, Esq. signed a grant as Governor, being the third time of his being Governor. The acts of Assembly I could find passed during the third time of Col. West's being Governour, ai-e in this collection, from number 20 to 25, inclusive. He was succeeded by Sir Richard Kirle, who in about six months after his arrival and taking upon him the Government, died; and I have been informed by some of the ancient inhabitants, that upon the death of Sir Richard Kirle, Col. Robert Quarry was chosen Governor, but did not continue in the Government above two months. I cannot find any acts passed during the short Government of Sir Richard Kirle, or Col. Quany. Col. Robert Q,uarry was succeeded in the Government by Joseph Morton, Esq. being the second time of his being Governor, (1685) in whose time all the acts that I could find passed, the title.s of them are contained in this collection, from number 26 to 30, inclusive.
The succession of the Governors of the Province of South-Carolina, from the time of Joseph Morton, Esq. being GoveiTior the second time, to the end of the time of passing the acts contained in this volume, the reader will see in the following collection of laws, viz : ^
The honorable JAMES COLLETON, Esq. (1686) SETH SOTHWELL, Esq. (1690) PHILIP LUDWELL, Esq. (1692) THOMAS SMITH, Esq. (1693) JOSEPH BLAKE, Esq. (1695) the first time. JOHN ARCHDALE, Esq. (1696) of North Carolina, also JOSEPH BLAKE, Esq. (1696) the 2d time Governor. JAMES MOORE, Esq. (1700)
Sir NATHANIEL JOHNSON,Knt.(1703) \ "^^ Carolba'^^'
Col.EDW'D. TYNTE, Esq. (1710) alsoofN.& S.Carolina.
ROBERT GIBBES, Esq. (1711)
CHARLES CRAVEN, Esq. (1712)
ROBERT JOHNSON, Esq. (1717) the first time.
In the year 1719, in the time of the Government of the honorable Robert Johnson, Esq. aforesaid, the generality of the inhabitants of the Province of South-Carolina, being very much dissatisfied with being under the Govem-
Trott's
TROUUCTION
20 STATUTES AT LARGE
Trott's mont of tlio Lords Proprietors, and tliiiikiiig tliey eliould be better protected Introditction [j- jjjgy ^vere immediately under the Government of tbe King; after having had several meetings and consultations in order thereunto, they at last pub- lickly disowned the Lords Pro|)rietors's Government.
And there being a necessity at that time to issue out wntts to call an As- sembly, ,
Uj^on the first meeting of the said Assembly they publickly declared in the presence of the Governor and his Council, that they would not treat with, or allow of any one that acted by commission or Authority from the Lords Proprietors, to whose government they were resolved they would no longer submit.
They had that respect for the then Goverfior Johnson, that they offered to continue him in the Government, if he would administer the same in the name of the King, by vertue of such their electing or authorizing him so to do, without any regard to his commission from the Lords Proprietors, though confinned therein by the King, pursuant to the act of Parliament in that behalf.
But the Governor not thinking it safe or honourable to take upon him the Goveniment by vertue of such an authority, he absolutely refused the same, and as far as he could, opposed them in their proceedings.
Whereupon they made an offer of the Government to Col. James Moore, son to the former Governor Moore, who readily accepted of the offer, and thereupon took upon him the Government of the Pz'ovince, and passed seve- ral laws, the titles of which are contained in this collection, from number 423 to 45L
Accounts being sent home to Englaiid of this change of affairs in the Province of South Carolina, that the people had flung oft the Government of the Lords Proprietors, and renounced any obedience to them or their Governor, and having appointed a Governor by their own authority:
His late Majesty King George the first, was pleased to constitute and appoint by commission under the broad seal of England, Francis Nichol- son, Esq. to be provisional Governor of this Province, till the matter was decided between the King and the Lords Proprietors.
Accordingly the said Francis Nicholson Esq. arriving in this Province the 21st day of May, 1721, he published his commission from the King, and took upon Jiim the Goveniment, and passed several laws or acts which are contained in the first part of this collection, from number 452 to 518, and in the second part containing Temporary Acts, from number 1 to 8.
The said Governor Nicholson going home to England, the Government was administered by the honourable Arthur Middleton, Esq. as President of the Council.
During the time of his administering the Government as President, he passed several acts, which are contained in the first part of this collection, from number 519 to 542 inclusive, and in the second part containing the Temporary acts, from 9 to 11 inclusive.
At last, in the second year of the reign of his present Majesty, (1729) seven of the Lords Proprietors of Carolina came to an agreement to suiTender their title and interest in the Province of Carolina to his Majesty.
Which agi-eement was confirmed by act of Parliament, passed in the second year of his Majesty's reign, entituled "an act for establishing an agree- ment with seven of the Lords Proprietors of Carolina, for their suiTender of their title and interest in that Province to his Majesty." The copy^of the said Act of Parliament is inserted in this collection, as being proper to be known by the inhabitants of this Province, and is placed immediately after the last laws passed by Arthur Middleton, Esq. No. 542.
OF .SOUTH CA170LIXA. . 21
Upon this above mentioned acrccmont, made witli seven of llic Uords . 'I'noTT'.s Proprietors, to surrender llicir tJtle and niteresl to ni,s iMnjesty, and llie same heinjT established and confirmed by the said act of Pai-li;nnent, liis Mcijesty ■was pleased to (jive his royal commission under the bruad senl of" JOn^^land, unto the above mentioned Roi!KRT Jounsox, Esq. coiislitutin<r him Governor of this Province, with the usual full and ample; powers given to the other CJoveiTiors of the King's jdantations.
His Excellency Robert Johnson, Es(|., arrivine^ at this Province in the month of December, 1 730, he published his commission, and took upon him the Government of this Province, and hath passed several acts which arc contained in the first part of this collection, from number r)i;> to 577 inclu- sive, and in the second part containing the temporary acts, i'rom number lr> to 36 inclusive.
CONTENTS OF THE FIRST CHARTER OF CAROLINA, 1GG3.
Section 1. The Proprietors therein named having besought King Charles the Second for leave to make a Colony in America, not yet cultivated or jdanted,
2d. The King gives, grants and confirms to them all that Territory in America, bomided within 36 and 31 degrees of North Latitude, and West as far as the South Sea,
3d. With Patronage, Jurisdictions and Privileges.
4th. Creating them Lords and Proprietors of the said Province, in free and common Soccage.
5th. The said country and Islands erected into the Province of Carolina. Power granted to enact Laws for the whole Province, or any part
thereof. And to appoint Judges, Justices, Magistrates, and Officers.
6th. And until Assemblies of Freeholder's be called, the said Proprietors to make orders and Ordinances.
7th. License to all the King's liege people to transport themselves to said Province.
8th. Licence to freight to every port, and transport goods, wares and merchandizes, saving to the King the customs and duties.
9th. Sundry goods to be imported and exported duty free.
10th. Ports and harbours to be constituted.
11th. Subsidies to belong to the Lords Proprietors.
12th. The Lords Proprietors may grant the Premises in fee simple, fee tayle, for life or for years, to any person or persons, to be held of the Pro- prietors,
13th. And confer any titles of honour not used in England.
14th. And to erect Forts, Castles, Cities, Towns, Fortifications, &c.
15th. To levy, muster and train men, make war, &c.
16th. And to exercise Martial Law.
17th. The Province of Carolina and its inhabitants to be subject to the Crowii of England.
18th. The Lords Proprietors empowered to gi-ant liberty of conscience.
19th. In cases of doubts or questions, the interpretation to be most favour- able to the Lords Proprietors.
The First
ClIAUrKK.
STATUTES AT LARGE
THE FIRST CHARTER GRANTED BY KING CHARLES THE SECOND TO THE LORDS PROPRIETORS OF CAROLINA.
CHARLES THE SECOND, by the Grace of God, King of England, Scotland, France and Ireland., Defender of the Faith, S^r. — To all to whom these Presents shall come — Greeting :
1st. Whereas our right trusty, and right well beloved Cousins and Coun- sellors, Edward, Y,-M'\ of Clarendon, our higli Chancellor of England, and George, Duke of Albemarle, Master of our horse and Captain General of all our Forces, our right trusty and well beloved William Lord Craven, John Lord Berkley, our right trusty and well beloved Counsellor, Anthony Lord Ashley, Chancellor of our Exchequer, Sir George Carteret, Knt. and Baronet, Vice Chamberlain of our household, and our trusty and \vell be- loved Sir WiUkwi Berhley, Knt. and Sir John Colleton, Knight arid Baronet, being excited with a' laudable and pious zeal for the Propagation of the Christian Faith, and the Enlargement of our Empire and Dominions, have humbly besought leave of us by their industry and charge, to transport and make an ample Colony of our .subjects, natives of our Kingdom of England, and elsewhere within our Dominions, unto a certain country hereafter de- scribed, in the parts of America not yet cultivated or planted, and only in- habited by some barbarous people, who have no knowledge of Almighty CJ^od.
2d. And ichcrcasthe said Edward, Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, have humbly besought us to give, grant and confirm unto them and their heirs, the said country, with Priviledges and Jurisdictions requisite for the good government and safety thereof; Know ye, therefore, that we, favouring the pious and noble purpose of the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley and Sir John Col- leton, of our special grace, certain knowledge and meer motion, have Given, CJ ranted and Confirmed, and by this our present Charter, for us, our heirs and succesors, do Give, Grant and Confirm unto the said Edward Earl of Clarendon, George, Duke of Albemarie, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, all that temtory or tract of ground, scituate, lying and being within our dominions of America, extend- ing from the North end of the Island called Lucke-Island, which lieth in the Southern Virginia Seas, and within six and thirty degrees of the Northern Latitude, and. to the West as far as the South Seas, and so Southerly as far as the river St. Matthias, which bordereth upon the coast of Florida, and within one and thirty degrees of Northern Tiatitude, and so west ina direct line as far as the South seas aforesaid ; together with all and singular Ports, Harbours, Bays, Rivers, Isles, and Islets laelonging to the country aforesaid; and also all the Soil, Lands, Fields, Woods, Mountains, Fields, Lakes, Ri- vers, Bays and Islets, scituate or being within the bounds or limits aforesaid, wuh the fishing of all sorts of Fish, Whales, Sturgeons, and all other Royal Fishes m the Sea, Bays, Islets and Rivers within the premises, and the Fish therein taken ; and moreover all Veins, Mines, Quarries, as well discovered as not discovered, of Gold, Silver, Gems, precious Stones, and all other
OP SOUTH C.'AIiOl.lNA
whatsoever, be It of Stones, Metals or any other thin;^ whatsoever, found or to be foinid within the counti'ies, isles and limits aforesaid.
3d. And furthermore, the Patronage and Advowsons of ;dl the Churches and Chapels, which as Christian Religion shall increase within the Country, Isles, Islets and Limits aforesaid, shall happen hereafter to be erected, to- gether with license and power to build and found Churches, Chapjiels and Oratories, in convenient and fit places, within the said bounds and limits, and to cause them to be dedicated and consecrated according to the Eccle- siastical laws of our Kingdom of England, together with all and singular the like, and as ample Rights, Jurisdictions, Privilcdges, Prerogatives, Roy- alties, Liberties, Immunities and Franchises of what kind soever, within the Countries, Isles, Islets, and Limits afoi-esaid.
4th. To have, use, exercise and enjoy, and in as ample manner as any Bishop of Durham in our Kingdom of England, ever heretofore have held, used or enjoyed, or of right ought or could have, use, or enjoy. And them, the said Edward Earl of Clarendon, George, Duke of Albemarle, Williaju, Lord Craven,John, Lord Berkley, Anthony, Lord Ashley, SirGeorge Carte- ret, Sir AVilliam Berkley, and Sir John Colleton, their heirs and assigns. We do by these Presents, for us, our heirs and successors, make, create and constitute,the true and Absolute Lords Proprietors of the Countiy albresaid, and of all other the premises ; saving always the faith, allegiance and sove- reign dominion due to us, our heirs and successors, for the same, and saving also the right, title, and interest of all and every our subjects of the English nation, which are now planted within the limits and bounds aforesaid, (if anv be). To have, hold, possess and enjoy the said Country, Isles, Islets, and all and singular other the Premises, to them the said Edward, Earl of Claren- don, George,DukeofAlbemarle,William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, Sir John Colleton, their heirs and assigns forever, to be holden of us, our heirs and successors, as of our Manner of East Greenwich in our County of Kent, in free and common Soccage, and not in capite, or by Knight service ; yielding and paying yearly to us, our heirs and successors, for the same, the yearly rent of twenty marks of lawful money of England, at the feast of All-Saints, yearly forever, the first Payment thereof to begin and to be made on the feast of All-Saints, which shall be in the year of our Lord one thousand, six hundred and sixty-five, and also the fourth part of all gold or silver ore, which, within the limits aforesaid, shall from time to time happen to be found.
oth. And that the country, thus by us gianted and described, may be dig- nified by us with as large Titles and Priviledges as any other part of our Do- minions and territories inthattegion. Know ye, that we of our furthergrace, certain knowledge, and meer motion, have thought fit to erect the same tract of ground, county, and island, into a Province, and out of the fulness of our royal Power and Prerogative, We do, for us, our heirs and successors, erect, incorporate and ordain the same into a Province, and call it the Pro- vince of Cai-olina, and so from henceforth will have it called ; and forasmuch as we have hereby made and ordained the aforesaid Ed ward, Earl of Claren- don, George,Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, the tnje Lords and Proprietors of all the Province aforesaid ; Know ye, therefore moreover, that we, reposing especial trust and confidence in their Fidelity, Wisdom, Justice and provi- dent Circumspection, for us our heirs and successors, do grant full and absolute power by virtue of these presents, to them the said Edwaid, Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, John, Lord
STATUTES AT LARGE
IJorkk-y, Aiitlinnyjjonl Ashley, Sir George Carteret, Sir William Berkley, and Sir .John Colleton, and their heirs, for the good and happy Government of tli(^ said Pi'ovince, to ordain, make, enact, and under their seals to publish any laws whatsoever, either appertaining to the publick state of the said Province, or to the private utility of particular jiersons, according to their best discretion, of and with the advice, assent and approbation of the Free- men of the said Province, or of the greater part of them, or of their Dele- gates or Deputies, whom for enacting of the said laws, when and as often as need shall rc(iuire,^ve will that the said Edward, Earl of Clarendon, George, Duke of Alb(!marle, William, Lord Craven,. John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret,SirWilliam Berkley, and Sir John Colleton, and their heirs, shall from time to time assemble in such manner and form as to them shall seem best, and the same laws duly to execute upon all people within the said Province and limits thereof, for the time being, or which shall be constituted under the power and government of tliem or any of them, either sailing towards the said Province of Carolina, or returning from thence towards England, or any other of our, or foreign dominions, by im- position of penalties, imprisonment, or any other punishment; yea, if it shall be needful!, and the quality of the offence requires it, by takinor away member and life, cither by them, the said Edward Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir .Fohn Colleton, and their heirs, or by them or their Deputies, Lieutenants, .Tudges, .Justices, Magistrates, Officers and Members to be ordained or fippointed according to the tenor and ti'ue intention of these presents ; and likewise! to appoint and establish any .fudges or Justices, Magistrates or Of- ficers whatsoever, within the said Province, at sea or land, in such manner and form as unto the said Edward Earl of Clarendon, George Duke of Albe- marle, William, Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton and their heirs, shall seem most convenient ; also to remit, release, pardon and abolish, (\vhether before judgment or after) all crimes and ofiences whatsoever, against the said laws, and to do all and every other thing and things, which unto the compleat establishment of justice unto courts, sessions, and fonns of judicature and manners of proceedings therein do belong, although in these presents express mention be not made thereof ; and by Judges and by him or them delegated, to award process, hold pleas, and detei-mine in all the said Courts, and places of Judicature, all actions, suits and causes whatsoevex-, as well Criminal or civil, real, mixt, personal, or of any other kind or nature whatsoever ; which laws, so as aforesaid to be published, our pleasure is, and we do require, enjoin and command, shall be absolute, firm and available in law, and that all the liege people of us, our heirs and suc- cessors, within the said Province of Carolina, do observe and keep the same inviolably in those parts, so far as they concern them, under the pains and penalties therein expressed, or to be expressed ; provided nevertheless, that the said laws be consonant to reason, and as near as may be conveniently, agreeable to the laws and customs of this our Kingdom of England.
6th. And because such assemblies of freeholders cannot be so conveniently called, as there may be occasion to require the same, we do, therefore, by these presents, give and giant unto the said Edward, Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Antony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, by themselves or their magistrates, in thatbehalf lawfully authorized, full power and authority, from time to time lo make and ordain fit and wholesome Orders and Ordinances, within the
OF SOUTH CAROLINA. 25
Province aforesaid, to be kept and observed as well for llio keepina; of the peace, as for the better government of the people there abiding, and to publish the same to all to whom it may conceni ; which ordi- nances, we do by these presents streightly (;hai-go and command to be inviolably observed within the said Province, under the penalties therein ex- pressed, so as such Ordinances be reasonable, andnot repugnantor contrary, but as near as may bo, agi-ecable to the laws and statutes of this our Kino-dom of England, and so as the same ordinances do not extend to tiie binding, chnrging, or taking away of the right or interest of any person, or persons, in their freehold, goods or chattels whatsoever. 7th. And to the end, the said province may be the more happily increased, by the multitude of peopk; resorting thither, and may likewise be the more strongly defended from the Incursions of Salvages and other Enemies, Pirates and Robbers, therefore we, for us, our heirs and succes- sors, do give and grant by these Presents, Power, License and Liberty unto all the liege peojile of us, our heirs and successors, in our Kingdom of Encrland or elsewhere, within any other our dominions, islands, colonies or ^plantations (excepting those who shall be especially forbidden) to transport themselves and families unto the said Province, with convenient shipping and fitting provisions, and there to settle themselves, dwell and iTihabit, any law, statute, act, ordinance, or other thing to the contrary, in any wise notwithstanding. And we will also, and of our more special grace, for us, our heirs and successors, do streightly enjoin, ordain, constitute and command, that the said Province of Carolina, shall be of our allegiance, and that all and singular the subjects and liege people of us, our heirs and successors, transported or to be transpoited into the said Province, and the children of them and of such as shall descend from them, there born or hereafter to be bom, be and shall be, denizens and lieges of us, our heirs and successors, of this our Kingdom of England, and be in all things held, treated, and reputed, as the liege faithful people of us, our heirs and successors, born within this our said Kingdom, or any other of our- dominions, and may inherit or otherwise purchase and receive, take, hold, buy, and possess any lands, tenements or hereditamejits within the same places, and them may occupy, possess and enjoy, give, sell, aliene and bequeathe ; as likewise all liberties, franchises and privileges of this our Kingdom of England, and of other our dominions aforesaid, and may freely and quietly, have possess and enjoy, as our liege people born within the same, without the least molestation, vexation, trouble or giievance, of us, our heirs and successors, any statute, act, ordinance, or provision to the contrary notwithstanding.
Sth. And furthermore, that our subjects of this our said Kingdom of England, and other our Dominions, may be the rather encouraged to undertake this expedition with ready and chearful minds ; know ye, that we of our special grace, certain knowledge, and meer motion, do give and gi'ant by virtue of these presents, as well to the said Edward Earl of Clarendon, George, Duke of Albemarle, AVilliam, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, and their heirs, as unto all others as shall from time to time repair unto the said Province, with a pvn-j30se to inhabit there, or to trade with the natives of the said Province, full liberty and license to lade and freight in any port whatsoever, of us, our heirs and successors, and into the said Province of Carolina, by them, their servants or assigns, to transport all and singular their goods, wares, and merchan- dises, as likewise all sorts of grain whatsoever, and any other things whatsoever, necessary for the food and clothing, not prohibited by the laws VOL. I.— 4.
26 STATUTES AT LARGE
TiiE First gjjj statutes of our Kingdoms and Dominions, to be canied out of tlie HARTEK. gjjj^^p^ without auy let, or molestation, of us, our heirs and successors, or of any other of our odicers, or ministers whatsoever, saving also to us, our heirs and successors, tlie customs and other duties and payments, due; for the said war(>s and merchandises, according to the several rates of the 2:)laccs, from Avliom-e the same shall he transported. We will also and by these presents, for us, our heirs and successors, do t;lve and grant license by this our charter, unto the said Rdward l']arl of Clarendon, George, Duke of Albemarle, AVilliara, Loril Craven, John, l./ord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, and to all the inhabitants and dwellers in the Province aforesaid, both present and to come, full power and absolute authority, to import or unlade by themselves or their servants, factors or assigns, all merchandises and goods whatsoever, that shall arise of the fruits and commodities of the said Province, either by land or by sea, into any of the ports of us, our heirs and succcussors, in our Kingdom of England, Scotland or Ireland, or otherwise to dispose; of the said eoods, in the said Ports; and if need be, within one year next after the unlading, to lade the said merchandises and goods again into the same, or other ships, and to export the same into any (jther countries, either of our Domijiions, or foreign, being in amity with us, our heirs and successors, so as they pay such customs, subsidies, and other duties for the same, to us, our heirs and successors, as the rest of our subjects of this our Kinj^dom, for the time being, shall be bound to jiay, lieyond which we will not, that the inhabitants of the said Province of Carolina, shall be any Avays charged.
9th. Provided nevertheless, and our will and pleasure is, and we have further for the consideration aforesaid, of our more especial grace, certain knowledge, and meer motion, given and ajanted, and by these presents, for us, our heirs and successors, do give and irrant unto the said E(hvard Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir AA'illiam Berkley, and Sir John Colleton, their heirs and assigns, fidl and free license, liberty, and authority, at any time or times, from and after the feast of St. Michael the Arch- Angel, which shall be in the year of our Lord Christ, one thousand, six hundred, sixty and seven, as well to import, and bring into any of our Dominions from the said Province of Carolina, or any part thereof, the several goods and commodities, hereinafter mentioned, that is to say, silks, wines, cuiTants, raisins, capers, wax, almonds, oyl, and olives, without paying or answering to us, our heirs or successors, any custom, import, or other duty, for and in respect thereof for and during the term and space of seven years, to commence and be accompted, fro7n and after the first importation of four tons of any the said goods, in any one bottom, ship or vessel from the said Province, into any of our Dominions ; as also to export and cany out of any of our Dominions, into the said Province of Carolina, custom free, all sorts of tools which shall be usefull or necessary for the planters there, in the accommodation and improvement of the premises, any thing before, in these presents contained, or any law, act, statute, prohibition, or other matter, or any thing heretofore had, made, enacted or provided, or hereafter to be had, made, enacted or provided to the contrary, in any wise notwithstanding.
10th. And furthermore, of our more ample and especial grace, certain knowledge, and meer motion, we do for us, our heirs and successors, grant unto the said Edward Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs
OF SOUTH CAROLINA. 27
and assigns, full anil absolute powci' and aiitliority, to make, orect and T',"^ First
constituto, within the said Province of Carolina, and the Isles and Islets
af(n-esaid, such <ind s(tniany seaports, luirliours, creeks and other places, for
discharg«; and unlitdinu' of iroods and iiii'ichaudisc^s, out ot ships, biiats, and
other vessels, ;iud for lading of them, in such and so many places, and with
such jurisdicliou. [>ii\ iiedp's and frandiises unto the suid ports belonging,
as to them sh;dl s(-em jmi.-^t c.vjiCiilcni , ;itiil tli.ii ;ill ;md siniruhu' the ships,
boats anil otlicr vessels, which shall cmiu' foi' luerciiandlses and trade into
the said l'rovln<-c. or shall depart <>ut of the same, shall be laden and
ludaden at such ])orts only, as shall be erected and constituted by the said
Edward Ivarl of Clarendon, Gi-orgc, .Duke of ^Vlbcmaile, VVilliam, Lord
Craven, .John, Lord ocrkley, Anthony, Lord Ashley, Sir Georirc Cartei'et,
Sir William JJerkh^y, and Sir John Colleton, their heirs and assigns, and
not elsewhere, any use, custom or any other thing to the contrary, in any
wise notwithstanding.
11th. And we do furthermore will, ajipoint and ordain , and by these presents for us, our heirs and successors, do grant txnto the said Edward Earl of Clarendon, Ceorge, Duke of Albemarle, William, Lord Craven, John, Lord Jjerkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir .John Colleton, their heirs and assigns, that they the said Edward Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, may from time to time for ever, have and enjoy, the customs and subsidies in the ports, harbors, creeks and other places within the Province aforesaid, payable for goods, i.iierchandise and wares, there laded or to be laded, or unladed, the said customs to be reasonably assessed, upon any occasion, by themselves, and by and with the consent of the free people there, or the gi'eater part of them as aforesaid ; to whom we give power by these presents, for us, our heirs and successors, upon just cause and in a due proportion, to assess and impose the same.
12th. And further, of our special gi'ace, certain knowledge, and meer motion, ^ve have given, granted and confirmed, and by these presents, for us, our heirs and successors, do give, grant and confirm unto the said Edward Eail of Clarendon, George, Duke of Albemarle, William, Lord Craven, John, Lord Btjvkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir .John Colleton, their heirs and assigns, full and absolute license, power and authority, that the said Edward Earl of Claren- don,George,Duke of Albemarle, William, Lord Craven,John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Bei"kley,Sir John Colleton, their heirs and assigns, from time to time, hereafter for ever, at his and their will and pleasure, may assign, alien, grant, demise or enfeof the premises, or any part or parcels thereof, to him or them that shall be willing to purchase the same, and to such person or persons as they shall think fit, to have and to hold, to them the said person or persons, their heirs or assigns, in fee simple or fee tayle, or for term for life, or lives, or years, to be held of them the said Edward Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir (leorge Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, liy such rents, seiTices, and customs, as shall seem meet to the said Edward Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, .Tohn, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Bei'kley, and Sir John Colleton, their heir.s and assigns, and not immediately of us, our heirs and successors, and to the same person and persons, and to all and every of them, we do give and
28 STATU^J'ES AT LARGE
Tin; First o-rant by these jircscnts, for lis, our heirs and successors, license, authority (^iiARTKR. ^^^^ power, that such person or persons, may have or take the premises, or any ])arcel thereof, of t lie; said Edward Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, and the same to hold, to themselves, their heirs or assigns, in what estate of inheritance whatsoever, in fee simple, or fee tayle, or otherwise, as to them and the said Edward Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Loid Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, shall seem expedient; the statute made in the Parliament of Edward, son of King Henry, heretofore King of Kn'>-land, our predecessor, commonly called the statute * of " qitia cmptores Icrranim ;^^ or any other statute, act, ordinance, use, law, custom or any other matter, cause or thing, heretofore published, or provided to the contrary, in any wise notwithstanding.
13th. And because many persons born, or inhabiting in the said Province, for their deserts and sei-vices, may expect and be capable of marks of honour and favour, which, in respect of the great distance, cannot be con- veniently conferred by us ; our will and pleasure therefore is, and we do by these presents, give and grant unto the said Edward Earl of Clarendon, George, Duke cf Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, full power and authority, to give and confer, unto and upon, such of the inhabitants of the said Province, as they shall think do, or shall merit the same, such marks of favfnir and titles of honour as they shall think fit, so as these titles of honour be not the same as are enjoyed by, or conferred upon any the subjects of this our Kingdom of England.
14th. And further also, we do by these presents, for us, our heirs and successors, give and grant license to them, the said Edward, Earl of Cla- rendon, Geoi'ge, Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley and Sir John Colleton, their heirs and assigns, full power, liberty and license to erect, raise and build within the said Province and jalaces aforesaid, or any part or parts thereof, such and so many forts, fortresses, castles, cities, buroughs, towns, villages and other fortifications whatsoever, and the same or any of them to fortify and furnish with ordinance, powder, shot, armory, and all other weapons, ammunition, habilements of war, both offensive and defensive, as shall be thought lit and convenient for the safety and welfare of the said Province and places, or any part thereof, and the same, or any of them from time to time, as occasion shall require, to dismantle, disfurnish, d(nnolish and pull down, and also to place, constitute and appoint in and over all or any of the said castles, forts, fortifications, cities, towns and places aforesaid, governors, deputy governors, magistrates, sheriffs and other offi- cers, civil and military, as to them shall seem meet, and to the said cities, buroughs, towns, villages, or any other place, or places, within the said Province, to gi-ant "letters or charters of incorporation," with all liberties, franchises and privilcdges, requisite and usefull, or to or within any corpora- tions, within this our Kingdom of England, granted or belonging ; and in the same cities, buroughs, towns and other places, to constitute, erect and appoint such, and so many markets, marts and fairs, as shall in that behalf be thought fit and necessary ; and further also to erect and make in the Province aforesaid, or any part thereof, so many manners, as to them shall
* 18 Ed. 1. West. 3 ch. 1 p. 55.
OF .SOUTH CAROIVINA. 29
soom meet and convoiiient, and hi ovciy of the said maniiovs to have and to hold a Court Baioii, witli all thhii^^s whatsoever vvliich to a C'oiirt J5arou do belcjiig, and to have and to liold vi(^ws oF "fi-ank pledire" and " court leet," lor the conservation of the peace and better govei-unicnt of those parts, within such limits, jurisdictions and ]necincts, as hy the said l^dward, Karl of Clarendon, Oeor<,re, Duke of Albemarle, William, Lord Craven, .lohn, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, or their heirs, shall be appointed for that purj)ose, with all things whatsoever, which to a court leet, or view of frank pledge do belong, tlu; said court to be holden by stewards, to be deputed and authorized by the said Edward, Earl of Clarendon, Ceorge, Duke of Albe- marle, William, Lord ('raven, John, Lord Berkley, Anthony,.Lord Ashley, Sir George Carteret, Sir William Berkley, and Sii- John Colleton, or their heirs, or by the Lords of other mannors and leets, for the time being, when the same shall be erected.
15th. And because that in so remote a country, and scituate among so many barbarous nations, and the invasions as well of salvages as of other enemies, pirates and robbers, may prolmbly be feared ; therefore we have given, and for us, our heirs and successors, do give power, by these presents, unto the said Edward, Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and Assigns, by themselves, or their captains, or other their officers, to levy, muster and Irain all sorts of men, of what condition or wheresoever bom, in the said Province for the tiine being, and to make war and pursue the ene- mies aforesaid, as well by sea as by land, yea, even without the limits of the said Province, and by G od's assistance to vanquish and take them, and being taken to put them to death by the law of war, or to save them at their plea- sure ; and to do all and every other thing, which unto the charge of a captain general of an army bclongeth, or hath accustomed to belong, as fully and freely as any captain-general of an army hath or ever had the same.
16th. Also our will and pleasure is, and by this our charter we give unto the saidEdward, Earl of Clarendon, George, Dukeof Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley and Sir John Colleton, their heirs and assigns, full j)ower, liberty and authority, in case of rebellion, tumult or sedition, (if any shovdd happen) which God forbid, either upon the land within the Pro- vince aforesaid, or upon the main sea, in making a voyage thither, or return- ing from thence, by him or themselves, their captains, deputies and officers, to be authorized imder his or their seals for that purpose, to whom also, for us, our heirs and successors, we do give and gi'ant by these presents, full power and authority to exercise martial law against mutinous and seditious persons of those parts, such as shall refuse to submit themselves to their government, or shall refuse to serve in the wars, or shall fly to the enemy, or forsake their colours or ensigns, or be loyterers or straglers, or otherwise howsoever offending against law, custom or discipline military, as freely and in as ample manner and form as any captain general of an anny, by vertue of his office, might or hath accustomed to use the same.
17th. And our further pleasure is, and by these presents, for us our heirs and successors, we do grant unto the said Edward,Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, LordAshley,Sir George Carteret,SirWilliam Berkley, and Sir John Colleton, their heirs and assigns, and to all the tenants and inhabitants of the said Province of Carolina, both present and to come, and to every of them, that the said Province and the tenants and inhabitants thereof, shall not from
]0 STATUTES AT LAR(JE
Tiir: First licnccforth be held or reputed a member or part of any colony whatsoever in HARTER. ^\^,^ei-ica, or elsewhere, now transported or made, or hereafter to be trans- jiorted or made ; nor shall be depending on, or subject to their government in any tiling, but lie absolutely separated and divided from the same ; and our pleasure is, by these presents, that they be separated, and that they be subject ininiedi;itely to our cro'^ni of England, as depending thereof forever; and that the inhiibilants of the said Pru^'ince, nor any of them, shall at any time hereafter, bn compelled or compellable, or benny ways subject or liable to appear or nns\> cr to any matter, suit, cause, or plaint whatsoever, out of the Province aforesaid, in tmy other of o:u' islands, colonies, or dominions in America, or elsewhere, other than in our realm of England, and dominion of A\^ales.
ISth. And because it may happen that some of the people and inhabitants of the said Province, cannot in their private opinions, conform to the publick exercise of religion, according to the liturgy form and ceremonies of the Church of England, or take and s-abscribe the oaths and articles, made and established in that behalf, and for that the same, by reason of the remote dis tances of these places, will, we hope, be no breach of the unity and unifoiTn- ity established in this nation ; our will and pleasure therefore is, and we do by these jjresents, for us, our heirs and successors, gi'se and grant unto the said Edward, Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, John, Lord Bei'kley, Anthony, Lord Ashley, Sir George Carte- ret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, full and free license, liberty and authority, by such legal ways and means as they .shall thiidv fit, to give and grant unto such person or persons, inhabiting and being within the said Province, or any part thereof, who really in their judg- ments, and for conscience sake, cannot or shall not conform to the said litur- gy and ceremonies, and take and subscribe the oaths and articles aforesaid, or any of them, such indulgencies and dispensations in that behalf, for and during such time and times, and with such limitations and I'cstrictions as they, the said Edward, Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs or assigns, shall in their discretion think fit and reasonable ; and with this express proviso, and limitation also, that such person and persons, to whom such indulgences and dispensations shall be granted as aforesaid, do and shall, from time to time declare and continue, all fidelity, loyalty and obedience Lo us, our heirs and successors, and be subject and obedient to all other the laws, ordinances, and constitutions of the said Province, in all matters what- soever, as well ecclesiastical as civil, and do not in any wise disturb the peace and safety thereof, or scandalize or reproach the said liturgy, fonns, and ceremonies, or any thing T-elating thereunto, or any person or persons whatsoever, for or in respect of his or their use or exercise thereof, or his or their obedience and confonnity, thereunto.
19th. And in case it shall happen, that any doubts or questions should arise, concerning the true sense and understanding of any word, clause, or sentence contained in this our present chaiter, we will, ordain and command, that at all times, and in all things, such interpretation be made thereof, and allowed in all and every of our courts whatsoever, as lawfully may be adjudged most advantageous and favourable toihe said Edward, Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Col- leton, their heirs and assigns, although express mention be not made in these presents, of the true yearly value and certainty of the premises, or any part thereof, or of any other gifts and grants made by us, our ancestors, or pre-
OF SOUTH CAROLINA.
deccssors.to thcni llui said Edward Earl of ('larcndoii, tJoorgc, J)uko of Tm: Kk(omj Albomarlo, William, Lord Cnivon, Jolm, Ivord Berkley, Anthony, Jjord , ^^ ^^ ', Ashley, Sir (Seor^e Carleix-t, Sir \Villi;iiii Ucrklcy, and Sir .lolin Colleton, or any otlier ])erson o'- persons \vhatsoe\er, or any statute!, act, onliiiiuire, pro^ision, ])j'oclani;ition or rf>straint, lierctofore had, niiide, [)ul)lishe(l, or- dained or proviih'd, or any other thlni;', cMnse or matter, Avhatsoever, to the contrary thereof, hi any A\is(Mi<»t,\\ilhstaii(lin<^. In Wti'ivkks, &c.
W////rss, /!/(' KING, at Wcftt/iiin-slc), the four ami iH-cnticlh day af March, in the Jlftcoith year (if our rcii;ti, (^1(3(33 J
PER IPSUM RECEM.'
CONTENTS OF THE SECOND CHARTER OF CAROLINA, 1665.
His Majesty King Charles the Second, Section 1st. ]leciting a former Charter, and the Pioprietors for all that territory called Carolina,
2d. ]']nlar2;<!s the grant to the said Proprietors,
3d. With Patronage, Jurisdictions, Priviledges, Prerogatives, ttc.
4th. Tlie tract of cuuntry herf;hy grajited to he annexed to Carolina.
The Lords Proprietors empowered to constitute Counties, Baronies and (^olonies, and to enact laws and constitutions, to appoint Courts, .ludeos, .Instices, &c: 5th. To make Ordei-s and ( )rfllnances.
6th. Licence to the King's snhjectsto transport themselves thither, 7tli. The said Province to he of the Jving's allegiance. Sth. Licence granted to freight in every port for transport thither, goods,
Avares and merchandizes, savingto the King his customs and duties. 9th. Sizndry goods to he im])orted and exported free of duty. 10th. Ports an<l Harhours to he constituted. 11th. The subsidies to htdong to the Lords Proprietors. 12th. The Lords Proprietors may grant and assign. the premises, or any
part thereof, to purchasers. 13th. Empowered to confer titles of honour not in use in England. 14th. To erect Forts, Castles, Cities, Towns and Fortifications. 15th. With power to ^umster and train men for war. 16th. To exercise Martial Law. 17th. The I'rovince of Carolina to be subject immediately to the croAvn
of Enghmd. 18th. The Lords. Proprietors empowered to grant liberty of Conscience. 19th. In cases of doubt the interpretation to be most favourable to the Pi'oprietors.
THE SECOND CHARTER GRANTED BY KING CHARLES THE SECOND, TO THE LORDS PROPRIETORS OF CAROLINA.
CHARLES THE SECOND, hy the Grace of God, King of England, Scotland, Ireland, Fra?ice, Diferulcr of the FaitJi, ^r.
1st. Whkreas by our letters patent, bearing date the four and twentieth day of March, in the fifteenth year of our reign, we were gi-aciously pleased to grant unto our right trusty and right well beloved cousin and Counsellor,
32 STATUTES AT l.ARCJE
TiiK Si;(!o.\D Edivard, Earl (if Clnrciuloii, our liigli Cliaiiccllor of England, our right iiAKTf.it. {^.„j.f^y .,jj,| nirlit intirely l)elove(l cousin anil Counsellor, George, Duke of Albemarle, Master of our horse, our right trusty and well-heloved William, now Earl of Craven, our right trusty and well beloved Counsellor, John, Lord Berkley, our right trusty and well beloved Counsellor, Anthony, Lord Ashley, Chancellor of our Exchequer, our right trusty and well be- loved Counsellor, Sir George Carteret, Knight and Baronet, Vice-Chamber- lain of our household, our right trusty and well beloved Sir John Colleton, Knight and Baronet, and Sir William BerJdej/, Knight, all that Province, ten-itoi-y, or tract of groimd, called Carolina, scituate, lying and being within our dominions of America, extending from the north-end of the island called Luke-island, which lieth in the Southern Virginia Seas, and within six and thirty degrees of the Northern! latitude, and to the west as far as the South Seas, and so respectively, as far as the river of Mathias, which bordereth upon the coast of Florida, and within one and thirty degrees of the Northern latitude, and so west in a direct line, as far as the South-seas aforesaid.
2d. Now know ye, that we, at the humble request of the said grantees, in the aforesaid letters patent named, and as a further mark of our especial favour towards them, we are gi'aciously pleased to enlarge our said grant unto them, according to the bounds and limits hereafter specified, and in favour to the pious and noble pui'pose of the said Edward, Earl of Claren- don, George, Duke of Albemarle, William, Earl of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, their heirs and assigns, all that Province, teiTito- ry, or tract of ground, scituate, lying and being within our dominions of America aforesaid, extending north and eastward as far as the north end of Charahake river or gulet, upon a streight westerley line to Wyonoake Creek, which lies within or about the degrees of thirty-six, and thirty min- utes northern latitude, and so west in a direct line as far as the South-seas; and South and Westward as far as the degrees of twenty-nine inclusive northern latitude, and so west in a direct line, as far as the South vSeas ; together with all and singular ports, harbours, bays, rivers, and islets, be- longing unto the Province or territory aforesaid, and also all the soil, lands, fields, woods, mountains, ferms, lakes, rivers, bays and islets, scituate or being within the bounds or limits last before mentioned; with the fishing of all sorts of fish, whales, sturgeons, and all other royal fishes, in the sea, bays, islets and rivers, within the premises, and the fish therein taken, together with the royalty of the sea, upon the coasts within the limits aforesaid. And moreover all veins, mines, quanies, as well discovered as not discovered, of gold, silver, gems, and precious stones, and all other whatsoever, be it of stones, metall, or any other thing found or to be found wdthin the Province, tenitory, islets and limits aforesaid.
3d. And furthermore, the patronage and advowsons, of all the churches and chappels, which as the Christian religion shall increase within the Province, territory, islets and limits aforesaid, shall happen hereafter to be erected ; together with licence and power to build and found churches, chappels, and oratories in convenient and fit places, within the said bounds and limits, and to cause them to be dedicated and consecrated, according to the Ecclesiastical laws of our kingdom of England, together with all and singular the like, and as ample rights, jurisdictions, priviledges, preroga- tives, royalties, liberties, immunities and franchises, of what kind soever-, within the territory, isles, islets, and limits aforesaid ; to have, hold, use, exercise, and enjoy the same as amply, fully, and in as ample manner, as any Bishop of Durham in our Kingdom of England, ever heretofore had, '^eld, used or enjoyed, or of right ought or could have, use, or enjoy ; and
OP SOUTH CAROLINA. 33
them, the said Edward, Earl of (Jlareiidon, George, Duke of Albemarle, 'T'"^ Second William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir "a'^i^h George Carteret, Sir John Colleton,' and Sir William Berkley, their heirs and assigns ; we do by these ]nc;sents, for us, our heirs and successors, make, create and constitute, the trueaiid Absolute Lords and Proprietors of the said Province or Territory, and of all other the premises ; saving always the faith, allegiance and sovertMgn dominion due to us, our lieir-s and successors, for the same ; To Inive, hold, possess and enjoy the said I'rovincc!, teiritory, Isles, Islets, and all andsingularother thePrcmises,tothemtliesaid Edward, Earl of Clarendon, George, I)id<eof Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colle- ton and Sir William Berkley, their heirs and assigns forever, to beholden of us, our heirs and successors, as of our Mannor of East Greenwich in Kent, in free and common Soccage, and not in capite, or by Knight service ; yielding and paying yearly to us, our heirs and successors, for the same, the fourth part of all gold and silver ore, which, within the limits liereby granted, shall from time to time happen to be found, over and besides the yearly rent of twenty marks, and the fourth part of the gold and silver ore, in and by the said recited letters ]")atents, reserved and payable.
4th. And that the Province or territory herel)y granted and described, may be dignified with as large Titles and Priviledges as any other parts of our Dominions and teriitories in that region. Know ye, that w'o of our further grace, certain knowledge, and meer motion, have thought fit to annex the same tract of ground and territory, unto the same Province of Carolina ; and out of the fullness of our royal power and prerogative, we do for us, our heirs and successors, annex and unite the same to the said Province of Carolina. And forasmuch as we have made and ordainetl the aforesaid Edward, Earl of Chu'endoii, Geoi-ge, Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton and Sir William Berkley, their heirs and assigns, the time Lords and Proprietors of all the Province or tenitoiy aforesaid ; Know ye, therefore, moreover, that we, reposing especial trust and confidence in their Fidelity, Wisdom, Justice and provident Circumspection, for us our heirs and successors, do grant full and absolute power by virtue of these presents, to them the said Edward, Earl of Clarendon, George, Duke of Albemarle, AVilliam, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton and Sir William Berkley, and their heii's and assigns, for the good and happy Government of the said whole Province or teiTitory, full power and authority to erect, constitute, and make several counties, baronies and colonies, of and wdthin the said Pro- vinces, territoiics,lands and hereditaments, in and by the said recited letters patents, and these presents, granted or mentioned to be granted, as afore- said, with several and distinct jimsdictions, powers, liberties and priviledges; and also, to ordain, make and enact, and under their seals to publish any laws and constitutions whatsoever, either appertaining to the pul)lick state of the said whole Province or territory, or of any distinct or particulai county, barony, or colony of, or within the same, or to the private utility of particular persons, according to their best discretion, by, and with the advice, assent and approbation of the Freemen of the said Province or territory, or of the Freemen of the county, barony, or colony, for which such law or constitution shall be made, or the greater part of them, or of their Delegates or Depu- ties, whom for enacting of the said laws, when and as often as need shall re- quire, we will that the said Edward, Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, VOL. L— 5.
34 STATUTES AT LARGE
The Second and their licii'H and assigns, shall from timo to time assemble, in such manner iiARTEK. ^j^^i j-^^yy^ .jj^ jy them shall seem best, and the same laws duly to execute upon all people witiiin the said Pi'ovince or territory, county, barony or colony, and the limits thereof, for the time being, which shall be constituted under the power and government of them, or any of them, either sailing towards the said Province or temtory of Carolina, or returning from thence towards England, or any other of our, or foreign dominions, by imposition of penal- ties, imprisonment, or any other punishment ; yea, if it be needfull, and the quality of the ofl'ence require it, by taking away member and life, either by them, the said Edward Earl of Clarendon, Cxeorge, Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, and their heirs, or by them or their Deputies, Lieutenants, Judges, Justices, Magis- trates, Officers or Ministers, to be ordained and ap])ointed according to the true tenour and intention of these presents ; and likewise to erect or make any court, or courts whatsoever,'of judicature or otherwise, as shall be requi- site ; and to appoint and establish any Judges or Justices, Magistrates or Officers whatsoever, as well within the said Province as at sea, in such man- ner and ibrm as unto the said Edward Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton and Sir William Berkley, and their heirs, shall seem most convenient ; also to remit, release, pardon and abolish, (either before judgment or after) all crimes and offences whatsoever, against the said laws, and to do all and every other thing and things, which unto the compleat establishment of justice unto courts, sessions, and fonns of judicature and manners of proceedings therein do belong, althr^ugh in these presents express mention is not made thereof ; and by Judges by him or them delegated, to award jirocess, hold pleas, and determine in all the said Courts, and places of Judicature, all actions, suits and causes whatsoever, as well Criminal as civil, real, mixt, personal, or of any other kind or nature whatsoever ; which laws, so as aforesaid to be published, our pleasure is, and we do enjoin, require and command, shall be absolutely firm and available in law, and that all the liege people of us, our heirs and suc- cessors, within the said Province or territory, do observe and keep the same inviolably in those parts, so far as they concern them, under the pains and penalties therein expressed, or to be expressed ; provided nevertheless, that the said laws be consonant to reason, and as near as may be conveniently, agreeable to the laws and customs of this our realm of England.
5th. And because such assemblies of freeholders cannot be so suddenly called, as there may be occasion to require the same, we do, therefore, by these presents, give and gi-ant unto the said Edward, Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, .John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, by themselves or their magistrates, in thatbehalf lawfully authorized, full power and authority, from time to time to make and oi'dain fit and wholesome Orders and Ordinances, within the Province or territory aforesaid, or any county, barony, oi pi-ovince, of or within the same, to be kept and observed as well for the keeping of the peace as for the better government of the people there abiding, as to publish the same to all, to whom it may concern ; which ordinances we do by these presents, streightly charge and command to be inviolably observed, within the same Province, counties, teiTitories, bai-onies and provinces, imder the penalties therein expressed, so as such ordinances be reasonable, and not repugnant or contrary, but as near as may be, agreeable to the laws and statutes of this our kingdom of England, and so as the same ordinances do
OF SOTTTTT CAROLINA. 35
not extend to tlie ])in(linq-, cliai-jriiio or taking away of the ri^lit or interest, The Second nl" any person or persons in their i'rc^eliold, goods, oi" chattels wlmtsoever.
Gth. And to iho vm\, tlie said Province or territory mayhetlie morehap- j)ily encreased, Ijy tlie mnltitude of people resorting thither, and may like- wise be more strongly dcfcnidcd from the incursions of salvages and other enemies, pirates and robbers : therefore we for us, our heirs, and succes- sors, do give and grant by these presents, power, license, and liberty unto all the liege people of us our heirs and successors, in our Kingdom of Eng- land, or elsewhere, within any other our dominions, islands, colonies and plantations, (excepting those who shall be especially forbidden) to transport themselves and families, into tlic said province, or tcnitory, with convenient shipping and fitting provisions, and there to settle themselves, dwell and inhabit, any law, act, statute, ordinance, or other thing, to the contrary, in any wise notwithstanding.
Vth. And we will also, and of otu- special ,gi-ace, for us our lieirs and successors, do strcightly enjoin, ordain, constitute, and command, that the said Province or tenitory, shall be of our allegiance, and that all and singular, the subjects and liege people of us, our heirs and successors, transported or to be transported into the said Province, and the children of them, and such as shall descend from them, there bom or hereafter to be born, be, and shall be denizens and lieges of us, our heirs and succes- sors of this our Kingdom of England, and be in all things, held, treated, and reputed as the liege faithfull people of us, our heirs and successors, born within this our said Kingdom, or any other of our Dominions, and may inherit, or otherwise purchase and receive, take, liold, buy and possess any lands, tenements, or liereditaments, within the said places, and them may occupy and enjoy, sell, alien, and bequeathe; as likewise all liberties, franchises, and ])riveledges of this our Kingdom, and of other our domini- ons, aforesaid, may freely, and quietly, have, possess, and enjoy, as our liege people born within the same, without the molestation, vexation, trouble or grievance of us, our heirs and successors, any act, statute, 'ordinance, or provision to the contrary, notwithstanding.
Sth. And furthenuore, that our subjects of this our said Kingdom of Eng- land, and other our Dominions, may be rather encouraged to undertake this expedition, with ready and chearfnl minds ; know ye, that we of our especial gi-ace, certain knowledge and meer motion, do give and gi'ant, by vertue of these presents, as well to the said Edward Earl of Clarendon, Cleorge, Duke of Albemarle, William, Earl of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, and their heirs, as unto all othei's as shall from time to time, repair unto the said Province or territory, with a })urpose to inhabit there, or to trade with the natives thereof, full liberty and license, to trade, and freight, in every port whatsoever, of its, our heirs and successors, and into the said Province of Carolina, by them, their servants and assigns, to I ransport all and singular, their goods, wares, and merchandises, aslikwise all sorts of grain whatsoever, and any other thing whatsoever, necessary for their food and clothing, not prohibited by the laws and statutes of our Kingdom and Dominions, to be can'ied out of the same, Avithout any lett, or molestation, of us, our heirs and successors, or of any other our officers or ministers whatsoever, saviiig also to us, oiu' heirs and successors, the customs and other duties and payments, due for the said wares and mer- chandises, according to the several rates of the places, from whence the same shall be transported.
9th. We will also, and by these presents, for us, our heirs and successors do give and grant license by this our charter unto the said Edward, Earl o
36 STATUTES AT LARGE
The Second Clarendon, George, Duke of Albemarle, William, Earl of Craven, John, Lord ( iiRTER. 23prkley, Antliony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, their heirs and assigns, and to all the inhabitants, and dwellers, in the Province or territory aforesaid, both present and to come, full ])ovver and absolute authority to import or unlade, by themselves or their servants, factors or assigns, all merchandizes, and goods whatsoever, that shall arise of the fruits and commodities of the said Province or territory, either by land or sea, into any the ports, of us, our heirs and successors, in our Kingdom of England, Scotland, or Ireland, or otherwise to dispose of the said goods, in the said ports; and if need be, within one year next after the unlading, to lade the said merchandizes, and goods again, into the same, or other ships, and to export the same into any other countries, either of our Domininious or foreign, being in amity with us, our heirs and successors, so as they pay such customs, subsidies and other duties for the same, to us, our heirs and successors, as the rest of our subjects of this our Kinsdom, for the time being, shall be bound to jiay, beyond which we will not that the inhabitants of the said Province, or territoiy, shall be any way charged. Provided nevertheless, and our will and pleasure is, and we have further, for the considerations aforesaid, of our sjiecial gi'ace, certain knowledge, and meer motion, given and granted, and by these j^resents, for us our heirs and successors, do give and grant unto the said Edward Earl of Clarendon, George, Duke of Albemarle, William, Earl of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, their heirs and assigns, full and free license, liberty, power, and authority, at any time or times, from and after the feast of St. Michael the Arch Angel, which shall be in the year of our Lord Christ one thousand, six hundred, sixty and seven, as well to import and bring into any our Dominions, from the said Province of Carolina, or any part thereof, the several goods and commodities, hereinafter mentioned; that is to say, silk, wines, currans, raisins, capers, w^ax, almonds, oyl, and olives, without paying or answering to us, our heirs and successors, any custom, import or other duty, for, or in respect thereof, for and during the time and space of seven years, to commence and be accompted, from and after the first importation of four tons of any the said goods, in any one Bottom, Ship or Vessel, from the said Province or territory, into any of our Dominions; as also to export and carry out of any of our dominions, into the said Province or teiritory, custom free, all sorts of tools, which shall be usefull and necessary for the planters there, in the accommodation and improvement of the premises, any thing before, in these presents contained, or any law, act, statute, prohibition, or other matter or thing heretofore had, made, enacted, or provided, or hereafter to be had, made, enacted or provided, in any Avise notwithstanding.
10th. And furthermore, of our more ample and especial grace, certain know- ledge, and meer motion, we do for us, our heii's and successors, grant unto the said Edward Earl of Clarendon, George, Duke of Albemarle, William, Earl of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, their heirs and assigns, full and absolute powder and authority, to make, erect and constitute, within the said Province or territory, and the isles and islets, aforesaid, such and so many seaports, harbours, creeks, and other places for discharge and unlading of goods and mejxhandizes, out of ships, boats and other vessels, and for lading of them in such and so many places, and with such jurisdictions, priveledges, and franchises unto the said ports belonging, as to them shall seem most expedient; and that all and singular the ships, boats and other \^essels which shall come for merchandizes, and trade into the said Province
OF SOTTTH CAROLINA. 37
or territory, or shall dopart out of the same, shall be laden and imlndcn at Tirs Second such ])orts only, as shall be ercetcid and conslitutrHl by tin; said Edward Earl of Clarenclon, (l(!org(!, Duke of Albemarle, VV^illiam, Lord Craven, John, Lord J3crklcy, Anthony, J^ord Ashley, Sir George (Carteret, Sir John Colleton, and Sir William Berkley, their heirs and assigns, and not else- where, any use, custom or any thing to the contraiy, in any wise notwithstanding.
lltli. And we do furthermore, will, ap])oint, and ordain, and by these presents, for us, our heirs and successors, do grant unto the said Edward Earl of Clarendon, George, Duke of Al])emarle, William, Earl of Craven, .John, Loid Berkley, Anthony, Lord Ashley, Sir (reoige Carteret, Sir John Colleton, and Sir William Berkley, their heirs and assigns, that they the said Edward Earl of Clarendon, George, Duke of Albemarle, William, Earl of Craven, .Tohn, Lord Jierkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, their heirs and assigns, may from time to time forever, have and enjoy the customs, and subsidies in the ports, harbors, creeks, and other places within the Province aforesaid, payable for the goods, merchandizes, and wares, there laded, oi to be laded or unladed, the said customs to be reasonably assessed upon any occasion, by themselves, and by and with the consent of the free peojile, or the gi'eater part of them as aforesaid, to whom we give power by these presents, for us, our heirs and successors, upon just cause, and in a due proportion, to assess and impose the same,
12th. And further of our special grace, certain knowledge, and meer motion, we have given, granted, and confirmed, and by these presents, for us, our heirs and successors, do give, grant and confimi unto the said Edward Earl of Clarendon, George, Duke of Albemarle, William, Earl of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, their heirs and assigns, full and absolute power,license and authority, that the said Edward Earl of Clarendon, George, Duke of Albemarle, William, Earl of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, their heirs and assigns, from time to time, hereafter forever, at his or their will and pleasure, may assign, alien, grant, demise, or enfeoff the premises, or any part or parcel thereof, to him or them that shall be willing to purchase the same, and to such person or persons, as they shall think fit, to have and to hold, to them the said person or persons, their heirs and assigns, in fee simple, or in fee tayle, or for the tenn of life, or lives, or years, to be held of them the said Edward Earl of Clarendon, George Duke of Albemarle, William, Earl of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George C'arteret, Sir.! ohn Colleton and Sir William Berk- ley, and their heirs and assigns, by such rents, services and customs, as shall seem fit to themthe said Edward Earl of Clarendon, George, Duke of Albe- marle, William, Earl of Craven, John, Lord Bei'kley, Anthony Lord Ashley, SirGeorge Carteret, Sir John Colleton, and Sir William Berkley, their heirs and assigns, and not of us, our heirs and successors; and to the same person and persons, and to all and every of them, we do give and grant by these presents, for us our heirs and successors, license, authority and power, that such person or persons, may have and take the premises, or any parcel thereof, of the said Edward Earl of Clarendon, George, Duke of Albemarle, William, Earl of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, their heirs and assigns, and the same to hold, to themselves, their heirs or assigns, in what estate of inheritance soever, in fee simple or in fee tayle, or otherwise, as to them the said Edward Earl of Clarendon, George, Duke of Albemarle,
38 STATTTTES AT LARGE
TiiE Second William, Earl of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir < iiAKTKR. (iooi-o-e Carteret, Sir John Colleton, and Sir William Berkley, their heirs and assigns, shall seem expedient ; the statute in the Parliament of Edward, son of King Hemy, heretofore King of England, our predecessor, com- monly called the statute of "quia cm-ptorcs tcrranimr or any other statute, act, ordinance, use, law, custom, or any other matter, cause or thing, here- tofore published or provided to the contrary in any wise, notwithstanding.
loth. And because many persons bom and inhabiting in the said Province, for their deserts and services, may expect and be capable of marks of honour^ and favour, which in respect to the great distance, cannot be conveniently conferred by iis ; our will and pleasure therefore is, and we do by these ])ri;sents, give and grant mito the said Edward Earl of Clarendon, George, Duke of Albemarle, Wilham, Earl of Craven, John, Lord Berkley, An- thony, Lord Ashley, Sir George Carteret, Sir John Colleton and Sir W^illiam Berkley, their heirs and assigns, full pow'er and authority to give and confer, unto and u])on such of the inhabitants of the said Province or territory, as they shall think, do or shall merit the same, such marks of favour and titles of honour, as they shall think fit; so as their titles or honours, be not the same as are enjoyed by, or conferred ujion, any of the subjects of this our kingdom of England.
14th. And further, also, we do by these pi'esents, for us, our heirs and suc- cessors, give and grant license to them, the said Edward, Earl of Clarendon, George, Duke of Albemarle, William, Earl of Craven, John, Lord Berk- ley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton and Sir William Berkley, their heirs and assigns, full power, liberty and license, to erect, raise and build within the said province and places afoi'esaid, or any part or parts thereof, such, and so many forts, fortresses, castles, cities, burroughs, towns, villages and other fortifications whatsoever, and the same, oi- any of them, to fortify and furnish with ordinance, powder, shot, armour, and all other weapons, ammunition and habilements of war, both defensive and offensive, as shall l)e thought fit and convenient, for the safety and wel- fare of the said Province and 2:)laces, or any part thereof, and the same, or any of them, from time to time, as occasion shall require, to dismantle, dis- funiish, demolish and pull down; and also to place, constitute and ajipoint, in or over all or any of the said castles, forts, fortifications, cities, towns and places aforesaid, Governours, deputy Govern ours. Magistrates, Sheriffs, and other officers, civil and military, as to them shall seem meet ; and to the said cities, burroughs, towns, villages, or any other place or places within the said Province oi' temtory, to grant letters or charters of incorporations, with all the liberties, franchises and priviledges, requisite or usual, or to or within this our kingdom of England, granted or belonging ; and in the same cities, l)urroughs, towias, and other places, to constitute, erect and appoint such and so many markets, marts and fairs, as shall in that behalf, be thought fit and necessary ; and furthei- also, to erect and make, in the Province or temtory aforesaid, or any part thereof, so many manners, with such Signories as to them shall seem meet and convenient, and in every of the said manners, to have and to hold a Court Baron, with all things whatsoever, which to a court Baron do belong ; and to have and to hold, views of franck pledge, and court leet, for the conservation of the peace and better government of those parts, with such limits, jurisdictions, and precincts, as by the said Edward, Earl of Clarendon, George, Duke of Albemarle, William, Earl of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, or their heirs, shall be appointed for that purpose, with all things whatsoever, which to a court leet or view of franck pledge do belong ; the same courts to beholden by stewards, to be
OL'^ .SOUTH CAROl.lNA 39
licputed and autlioiizcd by tlic said Edward, Earl of" Clarendon, (jcorgu, Tin: Seconu Duke of Alhernarle, William, Earl of" Craven, .lolm, Jiord Jierkley, Antho- ny, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, or their hcii's, hy the Lords of the mannors and lects, for the time being, when the same shall be erected.
15th. And because that in so remote a country, and scituate among so many barbarous nations, the invasions as well of salvages as other enemies, pirates and I'obbers, may probably be feared, thei-efore we have given, and for us, our heirs and successors, do give power by these presents, unto the said Edward, Earl of Clarendon, Cleorge, Duke of Albemarle, William, Earl of Craven, .l(jhn, Lord JJerkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton and Sir William Berkley, their heirs or assigns, by themselves or their captains, or other officers, to levy, muster and train up, all sorts of men, of what condition soever, or wheresoever born, whe- ther in the said Province or elsewhere, for the time being, and to make war and pursue the enemies aforesaid, as well by sea as by land, yea, even with- out the limits of the said province, and by G od's assistance, to vanquish and take them, and being taken, to put them to death by the law of war, and to save them at their pleasure, and to do all and every other thing, which to the charge and office of a captain general of an army belongeth, or hath accustomed to belong, as fully and freely as any captain general of an army hath had the same.
16th. Also, our will and pleasure is, and by this our charter, we give and grant unto the said Edward Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, ,Tohn, Lord Berkley, Anthony, Lord Ashley, Sir Geoi-ge Carteret, Sir John Colleton, and Sir William Berkley, their heirs and assigns, full power, liberty and authority, in case of rebellion, tumult or sedition (if any should happen, which God forbid) either upon the land within the province aforesaid, or upon the main sea, in making a voyage thither or returning from thence, by him and themselves, their captains, deputies, or officers, to be authorized under his or their seals, for that pur- pose, to whom, also, for us, our heirs and successors, we do give and grant by these presents, full power and authority to exercise martial law, against mutinous and seditious persons, of those parts, such as shall refuse to submit themselves to their government, or shall refuse to ser^'e in the wai's, or shall fly to the enemy, or foi-sake their colours, or ensigns, or be loyterers, or stragglers, or otherwise howsoever offending against law, custom, or milita- ry discipline, as freely, and in as ample manner and form as any captain general of an army, by vertue of his office, might or hath accustomed to use the same.
17th. And our further pleasure is, and by these presents, for us, our heirs and successors, we do grant unto the said Edward, Earl of Clarendon, George, Duke of Albemarle, William, Earl of Craven, John, Lord Berk- ley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton and Sir William Berkley, their heirs and assigns, and to all the tenants and inhabi- tants of the said province or temtory, both present and to come, and to every of them, that the said province or temtory, and the tenants and in- habitants thereof, shall not from henceforth be held or reputed a member or part of any colony whatsoever in Amei'ica, or elsewhere, now transported or made, or hereafter to be transported or made ; nor shall be depending on or subject to their government in any thing, but be absolutely separated and divided from the same ; and our pleasure is, by these presents, that they be sepai-ated, and that they be subject immediately to our crown of Eng- land, as depending thereof forever ; and that the inhabitants of the said pro- vince or territory, nor any of them, shall at any time liereafler be compelled,
40 STATUTES AT LARGE
The Seconk or compellable, or be any ways subject or liable, to appear or answer to any CiiARTKR. j^atter, suit, cause or plaint whatsoever, out of tlie province or tenitory aforesaid, in any other of our islands, colonies, or dominions in Amej-ica, or elsewhere, other than in our realm of England, Jind dominion of Wales.
18th. And because it may hnjipcn that some of the people and inhabitants of the said Province, cannot in their private opinions conform to the publick exercise of religion, according to the liturgy, ibrm and ceremonies, of the church of Kngland, or take and subscribe, the oaths, and articles, made and estaldished in that behalf, and for that the same, by reason of the remote distances of those places, will, as we hope, be no breach of the unity and conformity established in this nation, our will and pleasure therefore is, and we do by these presents, for us our heirs and successors, give and grant un- to the said Edward,Earl of Clarendon, George,Dukeof Albemarle,William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir "William Berkley, their heirs and as- signs, full and free license, liberty and authority, by such ways and means as they shall think fit, to give and grant unto such person and persons, in- habiting and being within the said province or territory, hereby or by the said recited letters patents, mentioned to be granted as aforesaid, or any jiait thereof, such indulgencies and dispensations in that behalf, for and during such time and times, and with such limitations, and restrictions, as they, the said Edward, Earl of Clarendon, Creorge, Duke of Albemarle, William, Earl of Craven, John, Lord l^erkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, their heirs and as- signs, shall in theii- discretion think fit and reasonable, and that no person or persons, unto whom such liberty shall be given, shall be any way molest- ed, punished, discjuieted or called in question, for any difference in opinion or practice, in matters of religious concernment, who do not actually disturb the civil peace of the province, county, or colony, that they shall make their abode in ; but all and every such person and persons may, from time to time, and at all times, freely and quietly have and enjoy his or their judg- ments and consciences in matters of religion, throughout all the said Pro- vince or colony, they behaving peaceably, and not using this liberty to licen- tiousness, nor to the civil injury or outward disturbance of others ; any law, statute, or clause contained or to be contained, usage or customs of our realm of England to the contrary hereof, in any wise notwithstanding.
19th. And in case it should happen that any doubts or cjuestions should arise, concerning the true sense and understanding of any word, clause, or sentence, contained in this our present charter, we will, ordain and com- mand, that at all times, and in all things, such inteif^retation be made thereof, and allowed in all and every of our courts whatsoever, as lawfully may be adjudged most advantageous and favourable to the said Edward, Earl of Clarendon, George, Duke of Albemarle, William, Earl of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton and Sir William Berkley, their heirs and assigns, although express mention, &c.
Witness, Our Self, at Westminster, the thirtieth day of June, in the se- venteenth year of our reign, ^1665.^
PER IPSUM REGEM.
Note. — This Charter was, on the 25th July, 1729, surrendered to the King by seven of the eight Proprietors, under the authority of the act of
OF SOUTH CAROLINA. 41
Parliament, 2 CJeo. 2 cli. .'M, lienduaftei- inserted. Lord CurLeret, (after- ^ ^^^'s from
wards L(jrd Granville) the eighth Proprietor, resigned on the 17th Septem-'^'"^ Journal.
Ijer, 1744, all pretensions to the Government, and his eighth part of the
right to the soil was located by Commissioners, appointed by him and the
King, next luljoining Virginia, " bounded North by the A'^irginialine, East
by tlie Atlantic, South by latitude 35 degrees 34 minutes North, and West
as far as the bounds of the Chatter."
Tlie Government of Carolina, from the surrender in 1729, became regal; and the I'rovince was divided Into North and South Carolina, by an order of the Ik'itish Council, which fixed the boundaries between the two Provinces.
The alterations of the Scjuthern Boundaries of South-Carolina, resulting from the establishment of Georgia, and other acts, are noticed in the col- lection of documents relating to Boundary.
Of the Five Fundamental Constitutions, mentioned by Mr. Trott, the first was drawn up at the request of Lord Ashley, one of the original pro- prietors, (better known as Anthony Ashley Cooper, Earl of Shaftesbury) by John Locke, dated 1st of March, 1669, six years after the granting of the first charter. Concerning these Fundamental Constitutions, I find in the MS. .lournals of the House of Assembly of the Province of Carolina, the following particulars, viz. :
Extract from the Juurnals of iJiv Hauxe i>/' Assc/iil/lj/,in MS. hegii. Lihr.,froiii 1702 to llOQ; August 2Qth, 1702.
Mr. Trott and Mr. Higginton, the committee to supervise the Constitu- tions, &c. report as followeth :
" We find that our late sovereign Lord, King Charles the Second, in his " royall charter, bearing date the 30th day of June, in the 17th year of his " reign, did give and grant unto the honourable the Lords Proprietors of " the Province of Carolina, ample rights, jurisdictions, priviledges, prerog- " atives, royalties, liberties, immunities and franchises, for the good and " happy government of the said Province, and the people therein habittino- " or to inhabitt ; and of his especiall grace towards the said people, in the " said charter hath made provision that the said Lords Pj'oprictors have full " power and authoritye to make and enact, and mider their hands and seals " to publish any law and constitutions whatsoever, either appertaining to " the publick state of the said whole Province, or to the private utility of " particular persons, according to their best discretions, by and with the " assent and advice and approbation of the freemen of the said Province ; " That the said originall charter is the only true basis, from, by and accord- " ing to which, other laws, methods, and rules of government, which any- " wayes concerne the peoples lives, and their liberties, freeholds, goods and " chattels of the inhabittants of this Province, ought or legally can be taken, " derived and enacted. That the said charter particularly and expressly *• provides for our civill liberties, but freedom in matters of I'eligion and " conscience, is thereby given to us, by and under the Lords Proprietors's " consent.
" That the constitutions of which we are to consider, make and set up
" an estate diflerent and distinguished from the Lords Proprietors, and the
" Common's house, without whose consent noe law shall or may be enacted,
" which is called in the said constitutions, the upper house, consisting of
VOL. 1.— 6.
42 STATUTES AT LARGE
Ext's from " the Landgraves and Casiques, who being created by their Lordships The Journal. ,, gg^ond letters patents, are also a middle state between the Lords and ~ ~ ' " Commons ; which constitution we cannot find that it anywayes contradicts " the said Charter.
" We find that the 22d article in the Constitutions, manifestly interferes " with our Jury acts, now in force ; That all other articles in the constitu- " tions, are asneare and agreable as may be, to the said charter, or at least " no wayes rejougnant to it."
August 31st, 1702. — The House entered mto the debate of the said re- port, and ordered the charter to be read, which was read accordingly. The House ordered the last constitutions sent here by the Proprietors, to be read, which were read accordingly.
" The question is put, whetlier the House is of opinion that the Consti- " tutions now before us are valid, being enacted by us, since severall of the " proprietors are dead, that signed the same. Carried in the affirmative.
" Ordered, that the said Constitutions be read again, and debated para- " graph by paragraph, to-mon'ow morning."
" September 1st, 1702. — According to the order of the day, the Consti- " tutions were read, and the house entered into the debate, paragraph by " paragraph. The question is, whether the said Constitutions be ordei'ed " a second readini?. Carried in the negative."
I find no other notice of these Constitutions in the Journals. Hence it appears that the representatives of the people of Carolina, at that period, withheld from these documents the sanction of their confirmation, and re- fused to acknowledge their binding authority. These Constitutions were in force, and binding at least on the Proprietors who enacted them, until the Assembly so acted upon them in September, 1702 ; but to what extent they were previously in force, I cannot discover with accuracy. Under these Constitutions, the Proprietors appear to have claimed the right of repealing laws, passed by the House of Assembly. The contest on this point, is noticed by Dr. Ramsay in his history of South Carolina, (vol. 1st, page 72-76) in connection with the victory of the House of Assembly over Gov. Johnson and the Proprietary Government in 1719, when that form of government was superceded by surrendei' to the Crown.
These fundamental constitutions, so rejected by the House of Assembly, constitute, therefore, no part of the laws of South Carolina ; but as the constitution of John Locke inti-oduces unusual titles of honour, with ap- pellations adopted in many of the early laws of the Province, and as Land- graves and Casiques, with large donations of land, were created under its authority, I deem it proper to give a place to this document here, more especially as the high reputation of the author renders it a document of leg- islation of much curiosity.
The term " Palatine," Comes Palatii, Count of the palace, is a title formerly given to some great dignitary of the royal household. It then became the title of a governor of some local district, with the authority and privileges of vice-royalty ; in England, the county of Durham is a county Palatine.
"Landgrave," is a German title of nobility, connected with a landed estate of a certain extent ; like the "Thane" of Saxon times.
OF SOUTH CAROLINA. 43
"Ct(si(/i(('' or "Cazli/nc,'' a title of tlomlniuii amono; the Mexican In- ^ Locke's
-' -^ ° Constitution
tliaiis.
Tlionias .Smith, (lovernor of Cai'oliiia, was, by authority of the Proprie- tors who issued th(>ir patent 1o this effect, May loth, 1G94, created Lrind- grave, together with " four bnronies, of 12,000 acres of hind each ; whicli title and baronies should forever descend to his heirs, on jiaying the annual rent of a penny, hnvful money of England, for each acre." — Ramsay's His- tory of South CJarolina, vol. 1, page 4-'3, note.
James Colleton, Clovernor, is also designated as Landgrave Colleton, in Ramsay's History of South Carolina, page 40, volume 1st. 1'. C.
THE FUNDAMENTAL CONSTITUTIONS OF CAROLINA,
Drawn up uy John Locke ; (March 1st, 1GG9.)
fSee Lockers TVofks, St/i Edition, volume lOfJi, 2^^iS'<' ^'^■^■J
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 priviledges of a County Palatine, as large and ample as the County Palatine of Durham, with other great Priviledges; 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 Mo- narchy 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 propii- etors 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.
1st. The eldest of the Lords Proprietors shall be Palatine ; and upon the decease of the Palatine the eldest of the seven surviving propi'ietors shall always succeed him.
2d. There shall be seven other chief offices erected, viz., the Admirals, Chamberlains, Chancellors, Constables, Chief Justices, High Stewards and Treasurers ; which places shall be enjoyed by none but the Lords Proprie- tors, to be assigned at first l)y 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.
3d. The whole Province shall be divided into Counties ; each county shall consist of eight signories, eight baronies and four precincts ; each pre- cinct shall consist of six colonies.
4th. Each signory, barony, and colony, shall consist of twelve thousand acres ; the eight signories being the share of the eight proprietors, and the eight baronies of the nobility ; both which shares, being each of them one fifth of the whole, are to be perpetually annexed, the one to the proprietors and the other to the hereditary nobility ; leaving the colonies, being three- fifths, amongst the people ; so that in setting out and planting the lands, the balance of the government may be preserved.
5th. At any time before the year one thousand, seven hundred and one, any of the lords proprietoi-s shall have power to relinquish, alienate and dis- pose to any other person, his proprietorship, and all the signories, powers,
^■.
0>. -^z
*<^.
44 STATUTES AT LARGE
Locke's and interest, thereunto belongin^^ wholly and intirely 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 signories and priviledges thereunto belonoing, or any part thereof to any person whatsoever, otherwise than in section ISth, but it shall all descend unto their heirs male ; and for want of heirs male, it shall all descend on that Landgrave, or Casique of Carolina, who is descend- ed 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 Land,gi"ave to succeed the deceased proprietor, who being chosen by the majority of the seven sur\'iving proprietors, he and his heirs, successively, shall be pro- prietors, as fully, to all intents and purjjoses, as any of the rest.
6th. 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 parlia- ment after the vacancy, then the next biennial parliament but one, after such vacancy, shall have power to choose any Landgrave to be a proprietor. 7th. Whosoever after the year one thousand seven hundred, either by inheritance or choice, shall succeed any proprietor in his proprietorship and signories 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.
8th, Whatsoever Landgrave or Casicjue shall any way come to be a pro- prietor, shall take the signories annexed to the said proprietorship ; but his former dignity, with the baronies annexed, shall devolve into the hands of the Lords Proprietors.
9th. There shall be just as many Landgraves as there are counties, and twice as many Casiques, and no more. These shall be the hereditary nobil- ity of the Province, and by right of their dignity be members of parlia- ment. Each Landgrave shall have four baronies, and each Casique two baronies, hereditarily and unalterably annexed to and settled upon the said dignity.
10th. The first Lands^-aves and Casiques, of the twelve first counties to be planted, shall be nominated thus, that is to say, of the twelve Landgi'aves, 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 Casiques, each proprietor for himself shall nominate and choose two, and the remaining eight 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 inore Landgraves, and twenty four more Casiques, for the next twelve counties to be planted ; that is to say, two-thirds of each number, by the single nomination of each pi'oprietor for himself, and the remaining 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, accord- ing to the proportions in these fundamental constitutions.
11th. Any Landgrave or Casique, at any time before the year one thou- sand 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 intirely together ; but afterthe year one thousand, seven hundred, no Land- grave or Casique shall have power to alienate, sell, make over, or let the hereditary baronies of his dignity, or any part thereof, otherwise than as in section 18th ; but they shall all intirely, with the dignity thereunto belong-
OF SOUTH CAROLTXA. lo
iiif, (Icscend luito his lioii-,s male : and for want ot'licirs rnalc, all intirolv antl ^, I^ocke's
"■••IT,.! . I • 1 1 J- . f 11- 1111 Constitution
iiii(hvitlecl, to the next licir u;(!n(;i-al ; and tor want ot sucli liru's sliall de- volve into th(; liands of the; Ijords proprietcH's.
l:2tl^ That the due niimlier of Landgraves and (Jasiipies', may l)eahv;iys kept np; if upon the devolution of any landQ;raveship, or Casi([nesliij), tlic f)alatine's court shall not settle the devcjlved dignity, with the baronies thereunto annexed, before the second biennial parliament after such. devolution, the next biennial parliament but one, after such devolntion, shall have power to make any one landgrave or casique, in the room of him who dying without heirs, his dignity and banmies devolved.
I .■)th. No one person shnll have more than one dignity, with the signiories or baronies thereunto belonging. But when soever it shall Inippcn, that any one who is already i*r(^prietoi-, Landgrave, or Casique, shall have any of these dignities descend to him l)y inheritance, it shall be at his choice to keep which of tlie dignities, with the lands annexed, he shall like best ; but shall loavcUhe other, with the hinds amiexed, to be enjoyed by him who not being his heir apparent, and certain successor, to his present dignity, is next of blood.
14th. Whosoever by right of inheritance, shall cf)me to be Landgrave or Casique, 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.
15th. Since the dignity of Proprietor, Landgi'ave or Casique, cannot be divided, and the signiories or baronies, thereunto annexed, must forever all intirely 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 prefered, and in the inheritance of those dignities, and in the signiories or baronies annexed, there shall be no co-heirs.
16th. In every signiory, barony, and manor, the respective Lord shall have ])ower 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 signioiy, barony or manor, he upon paying down of forty shillings, for the Lords proprietoi's use, shall have an appeal from the signiory, or barony court, to the county court, and from the manor court, to the precinct court.
17th. Every manor shall consist of not less than three thousand acres, and not above twelve thousand acres, in one intire 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 2:)alatine's court.
18th. The Lords of signiories and baronies, shall have power only of granting estates not exceeding three lives, or twenty one years, in two thirds of the said signiories, or baronies, and the remaining third shall be alvi^ays demesne.
19th. Any Lord of a manor, may alienate, sell, or dispose to any other person and his heirs for ever, his manor all intirely together, with all the priviledges and leet men, thereunto belonging, so far forth as any colony lands ; but no grant of any part thereof, either in fee or for any longer term than three lives, or one and twenty years, shall be good against the next heir.
20th. No manor for want of issue male, shall be divided amongst co-heirs; but the manor, if there be but one, shall all intirely descend to the eldest daughter and her heirs. If there be more manoi-s than one, the eldest daughter fii'st shall have her choice, the second next, and so on, beginning again at the eldest until all the manors be taken up ; that so the priviledges which belong to manors, being indivisible, the lands of the-
46 STATUTES AT LARGE
Locke's manors, to wliicli they are annexed, may he kept, intiro, and tlie manor not oNSTiTUTioN|^_^g^ tliosG privilcdges, whicli upon parcelling out to several owners must neeessarily cease.
21st. Every Lord of a manor, within his OAvn manor, shall have all the powers, jurisdictions and priveledgcs, which a Landgrave or Casique hath in his haronies.
22d. In every signiory, barony and manor, all the leet men shall be under the jurisdiction of the respective Lords, of the said signiory, barony or manor, without appeal from him. Nor shall any leet man, or leet woman, have liberty to go off from the land of their particular Lord and live any where else, without license obtained from their said Lord, underhand and seal.
23d. All the children of leet men, shall be leet men, and so to all generations.
24th. No man shall be capable of having a court leet, or leet men, but a Proprietor, Landgrave, Casique, or Lord of a manor.
25th. Whoever shall voluntarily enter himself a leet man, in the registry of the county court, shall l)e a leet man.
2Gth. Whoever is Lord of leet men, shall upon the marriage of a leet man, or leet woman of his, give them ten acres of land, for their lives, they paying to him therefore, not more than one eighth pait of all the yearly produce and growth of the said ten acres.
27th. No Landgrave oi Casiqvie, shall be tried for any criminal cause, in any but the Chief-justice's court, and that by a jury of his peers.
28th. There shall be eight supreme courts. The first called the palatine's court, consisting of the palatine and the other seven Propiietors. The other seven courts, of the other seven gi'eat ofiicers, shall consist each of them of a Proprietor, and six: counsellors added to him. Under each of these latter seven courts, shall be a college of twelve assistants. The twelve assistants of the several colleges, shall be chosen, two out of the Landgraves, Casiques, or eldest sons of the Proprietors, by the palatine's court ; two out of the Landgi'aves, by the Landgraves' Chamber; two out of the Casiques, by the Casiques' chamber; four more of the twelve, shall lie chosen by the Common's chamber, out of such as have been, or are, members of parliament, sheriff's, or justices of the county court, or the younger sons of Proprietors, or the eldest sons of Landgraves or Casiques ; the two others shall be chosen by the Palatine's court, out of the same sort of persons out of which the common's chamber is to choose.
29th. Out of these colleges, shall be chosen at first by the palatine's court, six counsellors to be joined with each Proprietor in his court; of which six, one shall be of those, who were chosen into any of the colleges by the palatine's court, out of the Landgraves, Casiques, or eldest sons of Pro- prietors ; one, out of those who were chosen by the Landgrave's chamber ; one, out of those who were chosen by the Casique's chamber; two, out of those who were chosen by the Common's chamber; and one out of those who were chosen by the Palatine's court, out of the Proprietor's younger sons, or eldest sons of Landgraves, Casiques, or Commons qualified as aforesaid.
30th. When it shall happen that any Counsellor dies, and thereby there is a vacancy; the grand counsel shall have power to remove any coun- sellor that is willing to be removed out of any of the Proprietor's courts, to fill up the vacancy, provided they take a man of the same degree and choice the other was of, whose place is to be filled up. But if no councellor consent to be removed, or upon such remove the last remaining vacant place, in any of the Proprietors courts, shall be filled up by the
OF SOUTH CAROLINA. 47
choice of the jn-and council, vvlio shall have power lo leiiicne out of any,, '^ocke's
„ , 1, ° • 1 • !■ ^1 1 1 1 • .1 ^ ( OXSTITUTIO.X
of the collciTes, any assistant who is ot tht; same clegree and clioice tliat counsellor was of, into whose vacant place he is to succeed. The; grand council also, shall have power to remove any assistant, that is willing, out of one college into another, providefl he be of the same degree and clioice. But the last remaining vacant place in any college, shall be hlled up by tin; same choice, and out of tli(! same degree of persons the assistant was of, who is dead or remov(!d. No place shall be vacant in any J'roprietor's court, above six months. No place shall be vacant in any college, longer than the next session of parliament.
31st. No man being a member of the grand council, or of any of the seven colleg(>s, shall be turned out, but for misdemeanour, of which the grand council shall be judge ; and the vacancy of the person so put out, shall be tilled, not by the election of the grand council, but by those who first chose him, and out of the same degiee he was of, who is expelled. But it is not hereby to be understood, that the grand council hath any power to turn out any one of the Lords Proprietors, or their deputies; the Lords Proprietors having in themselves, an inherent original right.
32d. All elections in the pai'liament, in the several chambers of the parliament, and in the grand council, shall be passed by balloting.
33d. The Palatine's court shall consist of the palatine, and seven Pro- prietors, vv^ierein nothing shall be acted without the presence and consent of the Palatine or his deputy, and three others of the Proprietors or their deputies. This court shall have power to call Parliaments, to pardon all offences, to make elections of all officers in the Proprietor's dispose, and to nominate and appoint port towns ; and also shall have power by their order to the treasurer, to dispose of all public treasure, excepting money granted by the Parliament, and by them directed to some particular public use ; and also shall have a negative upon all acts, orders, votes and judge- ments of the grand council and the parliament, except only as in Sec. 6th. and 12th. and shall have 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 constitutions.
34th. The Palatine himself, when he in person shall be either in the army, or 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 council.
3e5th. 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 giants 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 Palatine or his deputy, and three other Proprie- tors 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 invasions of the public peace, upon pretence of religion, as also the license of printing. The twelve assistants belonging to this court, shall be called recorders.
36th. Whatever passes under the seal of the Palatinate, shall be registered in that proprietors court to which the matter therein contained, belongs.
37th. The Chancellor or his deputy, shall be always speaker in Parlia- ment, and president of the grand council, and in his and his deputy's absence, one of the vice chancellors.
48 STATUTES AT LARGE
Lockk's 38th. The Chief Justice's Court, consisting of one of the proprietors and
CoxsTiTUTiox jj-^ ^-^ counsellors, vrho 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 Pi'oprietors courts, which shall be tried in those courts respectively. The government and regulation of registries of writings and contracts, shall belong to the jurisdiction of this tourt. The twelve assistants of this court, shall be called masters.
39th. The Constable's Court, consisting of one of the Proprietors and his six counsellors, who shall be called Marshalls, shall order and determine of all military affairs by land, and all land forces, arms, anmiunition, artillery, gamsons and forts, &:c., and whatever belongs unto Avar. His twelve assistants shall be called Lieutenant Generals.
40th. In time of actual Avar, the Constable Avhile he is in the army, shall be General of the araiy ; and the six Coimsellors, or such of them as the Palatine's Court shall for that time or service appoint, shall be the imme- diate great officers under him, and the Lieutenant Generals next to them.
41st. The Admiral's Court, consisting of one of the Proprietors, and his six Counselloi-s, called Consuls, shall have the care and inspection over all ports, moles, and navigable rivers so far as the tide floAvs, and also all the public shi]3ping of Carolina, and stores thereunto belonging, and all maiitime affairs. This Court also shall have the jiOAver of the Court of admirality ; and .shall have power to constitute Judges in port tOAvns, to try cases belonging to laAv-merchant, as shall be most convenient for trade. The tAvelve assistants belonging to this Court, shall be called proconsuls.
42d. In time of actual Avar, the admiral Avhilsthe is at sea, shall command in chief, and his 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 proconsuls next to them.
43d. The Treasurer's Court, consisting of a proprietor and his six coun- sellors, called under treasurers, shall take care of all matters that concern the public revenue and treasury. The twelve assistants shall be called Auditors.
44th. The high SteAvard's Court, consisting of a proprietor and his six counsellors, called comptrollers, shall have the care of all foreign and do- mestic trade, manufactures, public buildings, Avork houses, highAvays, passa- ges by Avater above the flood of the tide, drains, seAvers, and banks against inundations, bridges, posts, earners, fairs, markets, corruption or infection of the common air or Avater, and all things in order to the public commerce and health ; also, setting out and sun-eymg of lands ; and also setting out and appointing places for towns to be built on, in the precincts, and the prescribing and determining the flgm-e and bigness of the said towns, accord- ing to such models as the said courts shall order ; contrary or difliering from Avhich 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 enlai-ge 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 gi-and council shall appoint. The twelve assistants belonging to this court shall be called surveyors.
45th. The Chamberlain's Court, consisting of a Proprietor and six Counsellors, called vice chamberlains, shall haAe the care of all ceremonies,
OF SOUTH CAROLINA. 49
iH-ecedencv, heraldry, reception of public messengers, pedigiees, the regis- Locke's try 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 it shall also belong, to convocatc the grand council. The twelve assistants belonging to this Court, shall be called Provosts.
46th. 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 further appeal.
47th. The Proprietors Courts, shall have a power to mitigate all fines, and suspend all execution in criminal causes, either before or after sen- tence, in any of the other inferior courts respectively.
4Sth. 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 dispatch such affairs, either where the court is kept, or elsewhere, as the court shall think fit.
49th. In all the Proprietors's 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.
50th. The grand council, shall consist of the Palatine and seven Pro- prietors, and the forty-two Counsellors of the several Propritors' Courts, who shall have power to determine any controversy that may arise between any of Proprietors' Courts, about their respective jurisdictions, or be- tween the members of the same court, about their manner and methods of proceedings ; to make peace and war, leagues, treaties, &c., with any of the neighbour Indians ; to issue out their general orders to the Consta- ble's, and Admiral's Courts, for the raising, disposing, or disbanding the forces, by land or by sea.
51st. 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.
52d. The grand council shall always be judges of all causes and ap- peals that concern the Palatine, or any of the Lords Proprietors, or any Counsellor of any Proprietor's Court, in any cause which should otherwise have been tried in the court of which the said Counsellor is Judge himself.
53d. 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.
54th. The quorum of the grand council shall be thirteen, whereof a Proprietor or his deputy, shall be always one.
55th. 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 convo- cated by the Chamberlain's Court.
56th. 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 Sec. 76th.
VOL. I.— 7.
50 STATUTES AT LARGE
Locke's and except also in nominatino' and choosing Landorraves and Casiques, as
Constitution- o i rifi, a ii i. j f^ ^- in j i • i -,
^^^..^^.^^^ 1" '^sc. lUth. 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.
57th, No deputy of any proprietor shall have any power, whilst the deputator is in any part of Carolina, except the Propritor, whose deputy he is, be a minor.
58th. During the minority of any Proprietor, his guardian shall have power to constitute and appoint his deputy.
59th. 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 appa- rent 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 imder 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 Casiques, who shall be personally in Carolina, shall of course be his deputy.
60th. Each Proprietor's deputy, shall be always one of his six Counsel- lors respectively ; and in case any of the Proprietors hath not, in his absence out of Carolina, a deputy, commissioned under his hand and seal, the eldest nobleman of his court, shall of course be his deputy.
6ist. In every county, there shall be a court consisting of a Sheriff, and four Justices of the county, for every precinct one. The Sheriff' shall be an inhabitantof the county, and have at least five hundred acres of freehold within the said county ; and the justices shall be inhabitants, and have each of them, five hundred acres apiece freehold within the precinct for which they serve respectively. These five shall be chosen from time to time and commissioned, by the Palatine's court.
62d. For any personal causes exceeding the value of two hundred pounds sterling, or in title of land, or in arsy criminal cause ; either party upon paying twenty pounds sterling to the Lords Propiietors use, shall have liberty of appeal from the County Court, unto the respective Pro- prietor's Court.
63d. In every precinct there shall be a court consisting of a Steward, and four Justices of the precinct, being inhabitants, and having three . hundred acres of freehold within the said precinct, who shall judge all criminal crimes ; except for treason, murder, and any other offences pun- ishable with death, and except all criminal causes of the nobility; and shall judge also, all civil causes whatsoever ; and in all personal actions not exceeding fifty pounds sterling, without appeal ; but where the cause shall exceed that value, or concern a title of land, and in all criminal causes ; there either party upon paying five pounds sterling, to the Lords Proprietor's use, shall have liberty of appeal to the county court.
64th. No cause shall be twice tried in any one court, upon any reason or pretence whatsoever.
65th. For treason, murder, and all other offences punishable with death, there shall be a commission twice ayear at least, granted unto one or more members of the grand council, or colleges, who shall come as itinerant Judges to the several counties, and with the Sheriff" and four Justices, shall hold assizes, to judge all such causes; but upon paying of fifty pounds sterling, to the Lords proprietors use, there shall be liberty of appeal to the respective Proprietors court.
OF SOUTH CAROLINA. 51
66tli. The Grand Jury at the several assizes, shall upon their oaths and , Ixjcke's under their hands and seals, deliver into their itinerant Judtros, a present- institution ment of such grievances, misdemeanours, exigencies, or defects, which they think necessary for the fiublic good of the country ; which present- ments shall by the itinerant Judges, at the end of tiieii circuit, bo deliv- ered in to the grand council, at their next sitting. And whatsoever there- in concerns the execution of laws, already made, the several Proprie- tor's courts, in the matters belonging to each of them respectively, shall take cognisance of it, and give such order about it, as shall be efiectual for the due execution of the laws. But whatever concerns the making of any new law, shall be referred to the several respective courts, to which that matter belongs, and be by them prepared and brought to the grand council.
67th. For terms, there shall be quarterly, such a certain number of days, not exceeding one and twenty at any one time, as the several respective courts shall appoint. The time for the beginning of the term in the Precinct court shall be the first Monday in January, April, July and Oc- tober; in the County court, the first Monday in February, May, August and November; and in the Propiietor's courts, the first Monday in March, June, September, and December.
68th. In the Precinct court, no man shall be a Juryman, under fifty acres of freehold. In the County court, or at the assizes, no man shall be a grand juryman, under three hundred acres of freehold; and no man shall be a petty juryman, under two hundred acres of fieehold. In the Pro- prietor's courts, no man shall be a juryman under five hundred acres of freehold.
69th. Every jury shall consist ov'twelve men ; and it shall not be ne- cessary they should all agree, but the verdict shall be according to the consent of the majority.
70th. It shall be a base and vile thing, to plead for money, or reward ; nor shall any one, (except he be a near kinsman, nor farther oft' than cousin german to the party concerned) be permitted to plead another man's cause, till before the Judge, in open court, he hath taken an oath that he doth not plead for money or reward, nor hath, nor will I'eceive, nor di- rectly, nor indirectly, bargained with the party whose cause he is going to plead, for money, or any other reward for pleading his cause.
71st. There shall be a Parliament consisting of the Proprietors, or their deputies, the Landgraves and Casiques, and one freeholder out of every precinct, to be chosen by the freeholders of the said precmct respectively. They shall sit all together in one room, and have, every member, one vote.
72d. No man shall be chosen a member of Parliament, who hath less than five hundred acres of freehold within the precinct for which he is chosen ; nor shall any have a vote in choosing the said member, that hath less than fifty acres of freehold within the said precinct.
73d. A new Parliament shall be assembled the first Monday of the month of November, every second year, and shall meet and sit in the town they last sat in, without any summons, unless by the Palatine's court they be summoned to meet at any other place. And if there shall be any occasion of a parliament in these intervals, it shall be in the power of the Palatine's court, to assemble them in forty days notice, and at such time and place as the said court shall think fit; and the Palatine's court shall have power to dissolve the said Parliament, when they shall think fit.
74th. At the openiiig of every Parliament, the first thing that shall be done, shall be the reading of these Fundamental Constitutions, which the Palatine and Proprietors, and the rest of the members then present,
52 STATUTES AT LARGE
Locke's shall subscribe. Nor shall any person whatsoever, sit or vote in the Par- oNSTiTDTioN ji^ment, till he hath that session subscribed these Fundamental Constitu- tions, in a book kept for that purpose, by the clerk of the parliament.
7Dlh. In order to the due election of members, for the biennial Pai'lia- ment, it shall be lawful for thefieeholdersof theiespective precincts to meet the first Tuesday in September, every two years, in the same 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 tlicii' meeting in order to the election.
76th. 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.
77th. Any Proprietor or his deputy may enter his protestation against any act of the Parliament, before 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 Govern- ment. 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 anothe ; the Casiques into another ; and those cho- sen 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.
7Sth. 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 Par- liament. The quorum of each of the Chambers of Parliament, shall be one half of the members of that chamber.
79th. 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 a hundred years after their enacting, respectively cease, and determine of themselves, and w^ithout any repeal become null and void, as if no such acts or laws, had ever been made.
80th. Since multiplicity of comments, as well as of laws, have great inconveniences, and serve only to obscure and perplex ; all manner of comments and expositions, on any part of these Fundamental Constitu- tions, or on any part of the common or statue laws of Carolina, are abso- lutely prohibited.
81st. There shall be a registry in every precinct, wherein shall be en- rolled all deeds, leases, judgements, mortgages, and other conveyances, which may concern any of the lands within the said precmct ; and all such conveyances, not so entered and registered, shall not be of force against any person or party to the said contract or conveyance.
82d. No man shall be Register of any precinct, who hath not at least three hundred acres of fi'eehold within the said precinct.
83d. 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.
84th. 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.
OF .SOUTH CAROLINA. 53
8t5th. No man shall be Register of a Colony that hath not above fifty Locke'b acres of freehold within the said colony. Constitution
86th. The time of every one's age, that is born in Carolina, shall be reck- oned from the day that his birth is entered in the registiy, and not before.
87th. No marriage shall be; lawful, whatever contiact and ceremony they have used, till both the parties mutually own it, before the Register of the place where they were manied, and he register it, with the names of the father and mother of each party.
88th. No man shall administer to the goods, or have a right to them, or enter upon the estate of any person deceased, till his death be registered in the respective registry.
89th. 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 bitth or death respectively, to the time of entering it in the register.
90lh. In like manner, the births, marriages, and deaths of the Lords Proprietors, Landgraves and Casiques, shall be x-egistered in the Cham- berlain's Court.
91st. There shall be in every colony, one Constable, to be chosen annu- ally by the freeholders of the colony. His estate shall be above a hun- dred 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 sub- ordinate annual officers, shall be also in the freeholders of the colony.
92d. All towns incorporate, shall be governed by a Mayor, twelve Al- dermen 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 common council, and the mayor out of the aldermen, by the palatine's court.
93d. 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 propi-ietors, for each tun, so laden or unladen, the sum of ten pounds sterling; except onlysuch goods as the palatine's courtshall license to be laden or unladen elsewhere.
94th. The first port town upon every river, shall be in a colony, and be a port town forever.
95th. 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 worshiped.
96th. (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 of churches and the public maintenance of divines, to be em- ployed 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 al- lowed to receive public maintenance by grant of parliament.)
97th. 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 othej- 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 obtained amidst diversity of opinions,
54 STATUTES AT LARGE
Locke's and our agreement and compact with all men, may be duly and TiTUTioN f^it;iif^]]y observed ; the violation whereof, upon what pretence soever, cannot be without great offence to Ahnighty God, and great scandal to the true religion which we profess ; and also that Jews, Heathens and other dissenters from rhe purity of the Chiistian religion, may not be scared and kept at a distance from it, but by having an opportunity of ac- quainting themselves with the truth and reasonableness of its doctrines, and the peaceablcness 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 ; therefore any seven or more persons agreeing in any religion, shall constitute a church or pro- fession, to which they shall give some name, to distinguish it from others.
98th. The terms of admittance and communion with any church or profession, shall be written in a book, and thei-ein be subscribed by all the members of the said church or profession ; which book shall be kept by the public Register of the Precinct wherein they reside.
99th. The time of every one's subscription and admittance, shall be dated in the said book or religious record.
100th. 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 pro fession within these rules.
Ist. " That there is a God."
2d. " That God is publickly to be worshipped."
3d. " That it is lawful, and the duty of every man, being thereunto called by tliose that govern, to bear witness to truth ; and that every church or profession shall in their terms of communion, set down the eternal 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."
101st. 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 honor, who is not a member of some church or profession, having his name re- corded in some one, and but one I'eligious record, at once.
102d. No person of any other church or profession shall disturb or mo- lest any religious assembly.
103d. No person whatsoever, shall speak any thing in their religious assembly irreverently or seditiously of the government or governors, or of stale matters.
104th. 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 mem- ber of the said church or profession.
105th. Any person striking his own name out of any religious record, or his name being struck out by any officer thereunto authorized by such church or profession respectively, shall cease to be a member of that chui'ch or profession.
106th. No man shall use any reproachful, reviling, or abusive language against any religion of any church or profession ; that being the certain way of disturbing the peace, and of hindering the conversion of any to the truth, by engaging them in quarrels and animosities, to the hatred of the profes- sors and that profession which otherwise they might be brought to assent to.
OF SOUTH CAROLINA. 55
107tli. Since charity obliges us to wish well to the souls of all men, and , Ixickk's religion ought to alt(>r nothing in any man's civil estate or i-ight, it j^hall^"""''''''^"''"'"'* be lawful for slaves as well as others, to enter themselves and be of what chuich or profession any ofthein shall think best, and thereof be as fully members as any freeman. But yet no slave shall hereby be ex- empted from that civil dominion his master hath over him, but be in all things in the same state and condition he was in before.
lOSth. Assemblies upon what pretence soever of religion, not observ- ing and performing the above said rules, shall not be esteemed as church- es, but unlawful meetings, and be punished as other riots.
109th. No person whatsoever shall disturb, molest, or persecute ano- ther, for his speculative opinions in religion, or his way of worship.
110th. Every freeman of Carolina, shall have absolute power and au- thority over his negro slaves, of what opinion or religion soever.
111th. No cause, whether civil or criminal, of any freeman, shall be tried in any court of judicature, without a jury of liis peers.
112th. No person whatsoever, shall hold or claim any land in Carolina, by purchase or gift, or otherwise, from the natives or any other whatsoever; but merely from and under the Lords Proprietors, upon pain of forfeiture of all his estate, moveable or immoveable, and perpetual banishment.
113th. Whosoever shall possess any freehold in Carolina, upon what title or grant soever, shall at the farthest, from and after the year one thou- sand six hundred and eighty-nine, pay yearly unto the Lords Proprietors, for each acre of land, English measure, as much fine silver as is at this pre- sent time in one English Penny, or the value thereof, to be as a chief rent and acknowledgement to the Lords Proprietors, their heirs and successors forever. And it shall be lawful for the palatme's court, by their officers, at any time, to take a new survey of any man's land, not to oust him of any part of his possession, but that by such a survey, the just number of acres he possesseth may be known, and the rent thereon due, may be paid by him.
114th. All wrecks, mines, minerals, quarries of gems and precious stones, with pearl fishing, whale fishing, and one half of all ambergris, by whomsoever found, shall wholly belong to the Lords Proprietors.
115th. All revenues and profits, belonging to the Lords Proprietors, in common, shall be divided into ten parts, whereof the palatine shall have three, and each proprietor one ; but if the palatine shall govern by a deputy, the deputy shall have one of those three-tenths, and the palatine the other two tenths.
116th. All inhabitants and freemen of Carolina, above seventeen years of age, and under sixty, shall be bound to bear arms, and serve as sol- diers, whenever the grand council shall find it necessary.
117th. A true copy of these Fundamental constitutions shall be kept in a great book, by the register of every precinct, to be subscribed before the said register. Nor shall any person of what degree or condition so- ever, above seventeen years old, have any estate or possession in Carolina, or protection or benefit of the law there, who hath not, before a precinct register, subscribed these fundamental constitutions, in this form :
" I, A. B. do promise to bear faith, and true allegiance, to ** our sovereign Lord King Charles the second, his heirs "and successors; and will be true and faithful to the Pala- " tine and Lords Proprietors of Carolina, their heirs and " successors ; and with my vitmost power, will defend them " and maintain the government, according to this establish- " mcnt in these fundamental Constitutions."
56 STATUTES AT LARGE
Locke's 118th. Whatsoever alien shall in this form, before any precinct Register,
oNSTiTUTioN g^l^^^^jj^g thesc fundamental constitutions, shall be thereby naturalized. Il9th. In the same manner shall every person, at his admittance into any office, subscribe these fundamental constitutions.
iJiOth. These fundamental constitutions, in number a hundred and twenty, and every part thereof, shall be and remain, the sacred and unal- tei'able form and rule of government of Carolina forever. Witness our hands and seals, the first day of March, 1669.
RULES OF PRECEDENCY.
1st. The Lords Proprietors ; the eldest in age first, and so in order. 2d. The eldest sons of the Lords Proprietors ; the eldest in age first,
and so in order. 3d. The Landgraves of the grand council ; he that hath been longest of
the grand council first, and so in order. 4th. The Casiques of the grand council ; he that hath been longest of
the grand council first, and so in order. 5th. The seven Commoners of the grand council, that have been longest
of the grand council ; he that hath been longest of the grand coun- cil first, and so in order. 6th. The younger sons of the Proprietors ; the eldest first, and so in order. 7th. The Landgraves ; the eldest in age first, and so in order. 8th. The seven Commoners, who next to those before mentioned have
been longest of the grand council ; he that hath been longest of
the grand council first, and so in order. 9th. The Casiques ; the eldest in age first, and so in order. 10th. The seven remaining Commoners of the grand council ; he that
hath been longest of the grand council first, and so in order, 11th. The male line of the Proprietors.
The rest shall be determined by the Chamberlain's Court-
OF SOUTH CAROLINA. 57
AN ACT
For Removing and Preventing all questions and disputes concerning the assembling and sitting of this present assemblv of the set- TLEMENT IN South Carolina. — (No. 423 Trott ; the original Act not numbered.)
For pi-eventing all doubts and scruples which may in any wise arise, conceriiing the meetini^, sitting and proceeding, of this present Assembly, BE IT DECLARED AND ENACTED, by the Honourable James Moore, Esq., Governour, by and with the advice and consent of the Councill and Representatives of the inhabitants of the said settlement, now as- sembled at Charlestown, and by the authority of the same, —
That the representatives of the said settlement convened at Charlestown the seventeenth day of December, Anno Domini one thousand seven hun- dred and nineteen, and there sitting together with the Councill, on the twenty-first day following of the same month, are the two houses of As- sembly of the said settlement, and so shall be, and are hereby declared, enacted and adjudged to be, to all intents, constructions and purposes whatsoever, notwithstanding any want of writ or writs of summons, or any other defect of form or default whatsoever, as if they had been summoned according to usuall form. And that this present Act, and all other Acts to which the assent of the present Governour, the Hon. James Moore, Esq., shall at any time be given before the next prorogation after the said twenty-first day of December, shall be understood, taken and ad- judged in law, to begin and commence upon the said twenty-first day of December, on which day the said James Moore, Esq., at the request and by the advice of the said Councill and Representatives, did on the behalf and in the name of his Majestye King George, accept of the govern- ment of the said settlement.
I do on his Majestye's behalfe, assent to this Act, this 23d December, Anno Domini 1719.
JAMES MOORE.
VOL. I.— 8.
68 STATUTES AT LARGE
AN ACT
For Supporting the present Government under the Administration OF the Honourable James Moore, Esq., the present Governour of
THE same, or any SUCCEEDING GoVERNOUR, AnNO DoMINI, 1720,
WHEREAS, by reason of the ILL-GOVERNMENT and MALE ADMINISTRATION of the Proprietors of this Settlement and their Offi- cers, more at large sett forth in a general representation of the grievances of the inhabitants, to his most sacred Majestie King George, and to the Parliament of Great Britain, and by reason of the inability and incapacity of the said Proprietors to protect or defend this colony from the continual massacies and insults of our enemy Indians, or the invasions of foreign enemies ; they the said inhabitants have been driven to so great extremi- ties, that no ordinary means could be, were or can be sufficient to extri- cate themselves from the evils aforesaid :
WHEREFORE the said inhabitants, taking into their consideration their calamitous circumstances, and for the preservation of their lives and estates, according to the supreme law of Nature ; and the duty they owe unto their said sovereign Lord the King, to prevent the desertion of the people, and to save so noble a colony from falling into the hands of his Majestie's enemies, did, with one heart and voice, renounce the said Proprietors, and every of them, their heirs and successors, and did unanimously elect the Honourable James Moore, Esq. to be Governour of this settlement, for and on his Majestie's behalfe.
AND WHEREAS the said James Moore, as Governour, and for the due and regular Government of the said settlement, and the Preservation of his Majestie's peace, and the better to oppose and withstand our said enemies, did constitute and appoint divers officers, both civil and military, until his Majestie's pleasure should be known in this behalfe.
We therefore humi)ly pray his most sacred Majestie, that it may be enact- ed, AND BE IT THEREFORE ENACTED, by the said Honourable James Moore, Esq. Governour for and in his Majestie's name, and by and with the advice and consent of the representatives of the said inhabitants of the said settlement, now met at Charlestown, that as well he the said James Moore, Governour, as also all persons aiding in this present General Assembly, and other officers and ministers, civil and military, whatsoever, created or to be created Viy him, the said James Moore, and acting under his authority, or made, created, or continued by a General Convention of the said inhabitants, or made, created or continued by the present General Assembly, or by the now Commons House of A«sembly, by force or virtue of any law or custom of this province, at any time in force before the said lale revolution of this settlement Be, and are hereby confirmed in their respective offices, and so shall continue and be untill his Majestie shall see fitt to remove or displace the same, unless the said .James Moore, Gover- nour, or any other succeeding Governour, shall see cause in the mean time to remove an^ of them, pursuant to any power invested in the said James Moore, or the succeeding Governour, in that behalf.
And he it farther enacted by the authority aforesaid, in 7-egard of the exigency of the said affiiirs. That all acts and proceedings whatsoever, had and to be had, and done by the said Convention, Governour and Assembly,
OF SOUTH CAROLINA. 59
or by any officers, persons, and Ministers whatsoever, deriving any au- v_^^^/-~^^^ thority under them, shall and are hereby declared to be good, valid and effectual in the law, to all intents and purposes whatsoever, as if they and every of them had been sufficiently authorized thereunto, unless his most sacred Majestie, or the Parliainent of Great Britain, or the Gene- ral Assembly of this settlement for the time being, do and shall expressly repeal, revoke, or annull the same: And all parties concerned in the said late Revolution in this settlement or in the said Government of affairs as aforesaid, shall be and are hereby justified and indemnified.
And Be it farther enacted by the authority aforesaid, That all actions, prosecutions and suits, hereafter to be had, commenced or brought against any of the officers, ministers or persons aforesaid, on account ot the pre- mises, without especial and express leave given by his said Majestie in that behalf, shall and are hereby deemed null and void ; And moreover, also, that all and every person sued or prosecuted on account of the premises, may plead the Cfeneral Issue, and give this Act and the special matter, in evidence: And if the plaintiff shall become non-suited, or for- bear further prosecution, or suffer discontinuance, ora verdict pass against him, the said defendant shall recover his double costs, for which he shall have the like remedy as in case where costs by law are given to de- fendant.
Assented to, the 17th June, 1720.
JAMES MOORE.
60 STATUTES AT LARGE
ANNO SECUNDO GEORGII 11. REGIS.
Ch. 34. ANNO DOMINI 1729.
AN ACT,
For establishing an Agreement with seven of the Lords Proprie- tors OF Carolina, for the Surrender of their Title and Interest IN that Province to his Majesty.
Pr bl Whereas his late Majesty King Charles the second, by his letters patent
reciting the first under the great seal of Great Britain, hearing date at Westminster, in the Patent. fifteenth year of his reign, did grant and confirm unto Edward, then Earl of
Clarendon, George, then Duke of Albemarle, William, then Lord Craven, John, then Lord Berkley, Anthony, then Lord Ashley, Sir George Carte- ret, Knight and Baronet, Sir William Berkley, and Sir John Colleton, Knt. and Baronet, all since deceased, their heirs and assigns, all that Territory or tract of ground, situate, lying and being within his said late Majesty's dominions in America, extending from the North end of the island called Luckar island, which lieth in the Southern Virginia seas, and within six and thirty degrees of the Northern latitude, and to the West as far as the South seas, and so southerly as far as the river St. Matthias, which bordereth upon the Coast of Florida, atid within one and thirty degrees of Northern latitude, and so West in a direct line as far as the South seas aforesaid, toge- ther with all and singular ports, harbours, bays, rivers, isles and islets, be- longing unto thecountiy aforesaid, and also all the soil, lands, fields, woods, mountains, farms, lakes, rivers, bays and islets, situate^ or being within the bounds or limits aforesaid, with the fishing of all sorts of fish, whales and sturgeons, and all other royal fishes, in the seas, bays, islets and rivers within the premises, and the fish therein taken, and moreover all veins, mines, quarries, as well discovered as not discovered, of gold, silver, gems and precious stones, and all other whatsoever, whether of stones, metals or any other thing whatsoever, found or to be found, within the country, isles, and limits aforesaid, and also the patronages and advowsons of all churches and chappels, which as Christian religion should increase within the countiy, isles, islets and limits aforesaid, should happen thenafter to be erected, together with license and power to build and found churches, chappels and oratories, incon- venient and fit places, within the said bounds and limits, and to cause them to be dedicated and consecrated, according to the Ecclesiastical laws of the Kingdom of England, together with all and singular the like and so ample rights, jurisdictions, priviledges, royalties, prerogatives, liberties, immunities and franchises of whatkmd soever, within the country, isles, and limits afore- said, to have, use, exercise, and enjoy, and in as ample manner as any Bishop of Durham in the Kingdom of England, ever thentofore had, held, used or enjoyed, or of right ought or could have, use or enjoy; and his said late Majesty did thereby for himself, his heirs and successors, make, create, and constitute the said Edward, Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, the true and absolute Lords and Proprietors of the
OF SOUTH CAROLINA. 61
country aforesaid, and all others the premises, (saving as therein is \"J,^,*^EJ^
mentioned,) to have, hold, possess, and enjoy, the said country, isles, islets, ^f the
and all and singular, other the premises, to tliem the said Edward, Earl of Proprietary
Clarendon, George, Duke of Albemarle, William, Lord Craven, John, ^^^;^^,
Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William
Berkley, and Sir John Colleton, their heirs and assigns forever, to be
holden of his late said Majesty, his heirs and successors, as of his mannor
of East Greenwich in the county of Kent, in free and common soccage,
and not in capite, or by knight's service : And whereas, his late said Majesty
King Charles the second, by other letters patent, under the great seal of
England, beaiing date the thirtieth day of June, in the seventeenth year
of his Reign, rccnting the letters patent herein first recited, did grant unto
the said Edward, Earl of Clarendon, George, Duke of Albemarle, William, Second Patent.
Lord Craven, then Earl of Craven, John, Lord Berkley, Anthony, Lord
Ashley, Sir George ('arleret. Sir John Colleton, and Sir William
Berkley, their heirs and assigns, all that Province, territory or tract of
ground, situate, lying, and being within his said late Majesty's Dominions
of America, extending North and Eastward, as far as the North end of
Carahtuke River or Gullet, upon a strait Westerly line to Wyonake
Creek, which lies within or about the degrees of thirty six and thirty
minutes North Latitude, and so West in a direct line as far as the South
Seas, and South and Westward, as far as the degrees of twenty-nine inclusive,
Northern latitude, and so West in a direct line, as far as the South Seas,
together with all and singular ports, harbours, bays, rivers and islets
belonging unto the Province or Territory aforesaid, and also all the soil,
lands, fields, woods, farms, lakes, rivers, bays or islets situate orbeing within
the bounds or limits aforesaid last before, with the fishing of all sorts offish,
whales, sturgeons, and all other royal fishes in the seas, bays, islets, and
rivers, within the Premises, and the fish therein taken, together with the
royalty of the sea upon the coast, within the limits aforesaid, and all veins,
mines and quarries, as well discovered as not discovered, of gold, silver,
gems and precious stones, and all other whatsoever, be it of stones, metals,
or any other things, found or to be found, within the Province, territory,
islets and limits aforesaid, and furthermore the patronages and advowsons
of all churches and chappels, which as Christian religion should increase
within the Province, territory, isles and limits aforesaid, should happen
thenafter to be erected,together with license and power to build and found
churches, chappels, and oratories in convenient and fit places within the
said bounds and limits, and to cause them to be dedicated and consecrated
according to the Ecclesiastical laws of the Kingdom of England, together
with all and singular the like, and as ample rights, jurisdictions, priviledges,
prerogatives, royalties, liberties, immunities and franchises of what kind
soever, within the teriitories, isles, islets, and limits aforesaid, to have,
hold, use, exercise and enjoy the same, as amply and fully and in as ample
manner, as any Bishop of Durham in the Kingdom of England ever
thentofore had, held, used or enjoyed, or of right ought or could have, use
or enjoy ; and his said late Majesty, did thereby for himself, his heirs and
successors, make, create, constitute and appoint them the said Edward,
Earl of Clarendon, George, Duke of Albemarle, William, Earl of Craven,
John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir
John Colleton, and Sir William Berkley, their heirs and assigns, the true
and absolute Lords and Proprietors of the said Province or territory, and
of all other the premises, (saving as therein is mentioned,) to have, hold,
possess and enjoy the said Province, territory, islets, and all and singular
other the premises, to them the said Edward, Earl of Clarendon, George,
62
STATUTES AT LARGE
Act for surrender
OF THE
Proprietary
TITLE.
Present Proprietors.
Duke of Albemarle, William, Earl of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Cc^lleton and SirWilHam Berk- ley, their heirs and assigns forever, to be holden of his said Majesty, his heirs and successors, as of his mannor of East Greenwich aforesaid, in free and common soccage, and notin caj3ite,orby Kniglit'sservice.asinand bythesaid several late recited letters patent, relation being thereunto had, may appear; And whereas, the part, share, interest and estate of the said Edward, late Earl of Clarendon, of and in the Provinces, territories, islets, hereditaments and premises, in and by the said several recited letters patent granted and comprised, is now come unto and vested in the Honorable James Bertie, of the Parish of St. John the Evangelist, in the liberty of Westminister, in the county of Middlesex, Esquire, of his own Right ; and the part, share, interest, and estate, of the said George, late Duke of Albemarle, of and in tlie same premises, is come unto and vested in the most noble Henry now Duke of Beauford, and in the said James Bertie, and the Honourable Dodmgton G:eville, of Bulford, in the county of Wiltz, Esquire, the two surviving Devisees, named in the will of the most noble Henry late Duke of Beauford, in trust for the present Duke of Beauford, and for the right honourable Charles Noell Somerset, his brother, an infant ; and the part, share, interest, and estate of the said William, late Earl of Craven, of and in the same premises, is come unto and vested in the right Honourable William now Lord Craven ; and the part, share, interest and estate, of the said John late Lord Berkley, of and in the same premises, is now come unto and vested in Joseph Blake, of the Province of South Carolina, in America, Esquire ; and the part, share, interest and estate of the said An- thony, late Lord Ashley, of and in the same premises, is now come unto and vested in Archibald Hutcheson, of the Middle Temple, London, Esquire, (in trust for John Cotton of the Middle Temple, London, Esquire,) and the part, share, interest and estate of the said late Sir John Colleton, of and in the said premises, is now come unto and vested in Sir John Colleton, of Exmouth, in the county of Devon, Baronet ; and the part, share, interest and estate of the said late Sir William Berkley, of and in the same premises, is now come unto and vested in the Honourable Henry Bertie, of Dorton, in the county of Bucks, Esquire, or in Mary Danson, of the Parish of St. Andrews, Holboume, in the county of Middlesex, Widow, or in Elizabeth Moor, of London, Widow, some or one of them ; and the said Henry now Duke of Beauford, and the said James Bertie and Dodington Greville, as trustees in manner aforesaid, some or one of them, is or are seized in fee of and in one full undivided eighth part, (the whole into eight equal parts to be divided) of the premises, in and by the said recited letters patent, granted andcomprized; and the same James Bertie, in his own Right, is