The United States is Still a British Colony
50. The Palatine, or any of the 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, that he himself who deputes him, except in confirming Acts of Parliament, as in Article [70]; all Such deputation shall cease and determine of them selves at the end of four years, and at any time shall be revocable at the pleasure of the Deputator.
51. No Deputy of any Proprietor shall have any power whilst the deputator is in any part of Carolina, except the Proprietor whose deputy he is be a Minor.
52. During the minority of any Proprietor, his Guardian shall have power to constitute and appoint his deputy.
53. The Eldest of the Proprietors who shall be personally in Carolina shall, of Course, be the Palatine's Deputy; and if no Proprietor be in Carolina, he shall choose his deputy out of the heirs apparent of any of the Proprietors, if any such be there; and if there be no heir apparent of any of the Proprietors, above twenty one years old, in Carolina, then he shall choose for Deputy any one of the Landgraves of the grand Council; and till he have, by deputation, under hand and Seal, Chosen any one of the forementioned heirs apparent or Landgrave to be his deputy, the Eldest Man of the Landgraves, and for want of Landgraves, the Eldest Man of the Caciques, who shall be personally in Carolina shall, of course, be his deputy.
54. The Proprietors' deputy shall be always one of their own Six Councillors respectively.
55. In every County there shall be a Court, consisting of a Sheriff and four Justices of the County, being Inhabitants and having, each of them, at least five hundred Acres of Freehold within the said County, to be chosen and Commissionated from time to time the Palatine's court; who shall try and Judge all appeals from any of the precinct Courts.
56. For any personal causes Exceeding the value of two hundred pounds, or in Title of Lands, or in any Criminal Cause, either party, upon paying twenty pounds to the Proprietors' use, shall have Liberty of Appeal from the County Court unto the respective Proprietors' Court.
57. 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 causes, except for Treason, Murder, and any other offences punished with death; and all civil causes whatsoever, and in all personal actions not exceeding fifty pounds 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 to the Proprietors' use, shall have Liberty of appeal unto the County Court.
58. No cause shall be twice tried in any one Court, upon any reason or pretence whatsoever.
59. For Treason, Murder, and all other offences punishable with death, there shall be a Commission, twice a year 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, and Judge all Such causes. But upon paying of fifty pounds to the proprietors' use, there shall be Liberty of appeal to the respective Proprietors' Court.
60. The grand Juries at the Several assizes shall have, upon their Oaths, and, under their hands and Seals, deliver in to the Itinerant Judges a presentment of Such grievances, Misdemeanors, exigencies, or defects which they shall think necessary for the Public good of the Country; which presentment shall, by the Itinerant Judges, at the End of their circuit, be delivered in to the grand Council at their next Sitting; and whatsoever therein concerns the Execution of Laws already made, the Several Proprietors' Courts, in the matters belonging to each of them respectively, shall take Cognizance of [it], and [give] such order about it as shall be Effectual for the due Execution of the laws; but whatever concerns the making of any new laws shall be referred to the Several respective Courts to which that matter belongs, and by them prepared and brought to the grand Council.
61. For Terms, there shall be quarterly Such a certain number of days, not exceeding twenty one 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 October; and in the County Court, the first Monday of February, May, August, November; and in the Proprietors' [Courts], the first Monday of March, June, September, and December.
62. For Juries in the Precinct Court, no Man shall be a Jury Man under fifty Acres of Freehold. In the County Court, or at the assizes, no man shall be a Jury Man under two hundred acres of Freehold. No man shall be a Grand Jury Man under three hundred acres of freehold; and in the Proprietors' Courts, no Man shall be a Jury Man under five hundred acres of Freehold.
63. Every Jury shall consist of twelve Men; and [it] shall [not] be necessary they should all agree, but the Verdict shall be according to the consent of the Majority.
64. It shall be a base and vile thing to Plead for money or Reward; nor shall any one, except he be a Near Kinsman, not farther off than Cousin German to the party concerned, be admitted to plead another man's cause till, before the Judge in open Court, he has taken an Oath that he does [not] plea for money or reward, nor has nor will receive, nor directly nor indirectly bargained with the party, whose cause he is going to Plead, for any money or other reward for Pleading his Cause.
65. There shall be a Parliament, consisting of the Proprietors, or their deputies, the Landgraves and Caciques, and one Freeholder out of every Precinct, to be Chosen by the Freeholders of the said Precinct respectively. They shall sit all together in one Room, and have every member one Vote.
66. No man shall be Chosen a member of Parliament who has 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 has less than fifty acres of Freehold within the said precinct.
67. 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, or his Deputy, together with any three of the Proprietors, or their Deputies, 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, with any three of the Proprietors, to assemble them on forty days' notice, at such time and place as they shall think fit; and the Palatine, or his Deputy, with the advice and consent of any three of the Proprietors, or their Deputies, shall have power to dissolve the Said Parliament when they shall think fit.
68. At the opening 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 shall Subscribe. Nor shall any Person whatsoever Sit or Vote in the Parliament till he has, that Sessions, Subscribed these fundamental constitutions in a book kept for that purpose by the Clerk of the Parliament.
69. And in order to the due Election of members for this Biennial Parliament, it shall be lawful for the Freeholders of the respective 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 their meeting in order to the Election.
70. 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 Proprietors, or their deputies; and then not to continue longer in force but until the End of the next Biennial Parliament, unless in the meantime it be Ratified under the hand and seal of the Palatine himself and three more of the Proprietors themselves, and, by their Order, published at the next Biennial Parliament.
71. 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 Government; and in Such case, after a full and free debate, the several Estates shall retire into four several Chambers, the Palatine and Proprietors into one, the Landgraves into another, and the Caciques into another, and those Chosen by the Precincts into a fourth; and if the major part of any four of these Estates 2 shall Vote that the law is not agreeable to this Establishment and fundamental constitution of the Government, then it shall pass no further, but be as if it had never been proposed.
72. To avoid multiplicity of laws, which by degrees always change the Right foundations of the Original Government, all acts of Parliament whatsoever, in what form soever passed or enacted, shall, at the end of Sixty years after their enacting, respectively Cease and determine of themselves, and, without any repeal, become Null and void, as if no such acts or laws had ever been made.
73. 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 constitutions, or on any part of the Common or Statute law of Carolina, are absolutely prohibited.
74. There shall be a Registry in every precinct, wherein shall be enrolled all deeds, Leases, Judgments, or other conveyances which may concern any of the land within the Said Precinct; and all Such conveyances not so entered or Registered shall not be of force against any person not privy to the Said contract or conveyance.
75. No man shall be Registered of any Precinct who has not at least three hundred acres of Freehold within the Said Precinct.
76. The freeholders of every Precinct shall nominate three men, out of which three the Chief Justice court shall choose and Commission one to be Register of the Said precinct, whilst he shall well behave himself.
77. There shall be a Registry in every Colony, wherein shall be Recorded all the Births, Marriages, and deaths that shall happen within the said Colony.
78. No man shall be Registered of a Colony that has not above fifty acres of Freehold within the said Colony.
79. The time of every one's Age shall be Recorded from the day that his Birth is entered in the Registry, and not before.
80. No Marriage shall be lawful, whatever Contract or Ceremonies they have used till both the parties mutually own it before the Colony Register, and he enter it, with the names of the Father and mother of such party.
81. No man shall administer to the goods, or have right to them, or enter upon the Estate, of any person deceased till his death be Registered in the Colony Registry.
82. He that does not enter in the Colony Registry the death or Birth of any person that 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 death or birth respectively to the time of Registering it.
83. In like manner, the births, Marriages, and deaths of the Lords Proprietors, Landgraves, and Caciques shall be Registered in the Chamberlain's Court.
84. There shall be in every Colony one Constable, to be Chosen annually by the Freeholders of the Colony, his Estate to be above one hundred acres of Freehold within the Said Colony; and Such Subordinate officers appointed for his assistance as the precinct court shall find requisite, and shall be Established by the Precinct court; the Election of the Subordinate annual officers shall be also in the Freeholders of the Colony.
85. All Towns incorporated shall be Governed by a Mayor, twelve Aldermen, and twenty four of the Common Council; the Said Common Council to be chosen by the present householders of the Said Town; and the Aldermen to be Chosen out of the Common Council, and the Mayor out of the Aldermen, by the Palatine and the Proprietors.
86. No man shall be permitted to be a Freeman of Carolina, or to have any Estate or habitation within it, that does not acknowledge a God, and that God is publicly and Solemnly to be worshipped.
87. But since the Natives of that place, who will be concerned in our Plantations, are utterly Strangers to Christianity, whose Idolatry, Ignorance, or mistake gives us no right to expel or use them ill; and those who remove from other parts to Plant there will unavoidably be of different opinions concerning matters of Religion, the liberty whereof they will expect to have allowed them, and it will not be reasonable for us, on this account, to keep them out- that Civil peace may be maintained amidst the diversity of opinions, and our agreement and compact with all men may be duly and faithfully observed, the violation whereof, upon what pretence soever, cannot be without great offence to Almighty God, and great Scandal to the true Religion that we profess; and also, that heathens, Jews, and other dissenters from the purity of Christian Religion may not be Scared and kept at a distance from it, but, by having an opportunity of acquainting themselves with the truth and reasonableness of its Doctrines, and the peaceableness and inoffensiveness of its professors, may, by good usage and persuasion, and all those convincing Methods of Gentleness and meekness Suitable to the Rules and design of the Gospel, be won over to embrace and unfeignedly receive the truth: Therefore, any Seven or more persons agreeing in any Religion shall constitute a church or profession, to which they shall give Some name to distinguish it from others.
88. The terms of admittance and communion with any church or profession shall be written in a book and therein be Subscribed by all the members of the said church or profession.
89. The time of every one's Subscription and admittance shall be dated in the said book, or record.
90. In the terms of Communion of every church or profession, these following shall be three, without which no agreement or assembly of men upon pretence of Religion shall be accounted a Church or Profession within these Rules:
1. That there is a God.
2. That God is publicly to be worshipped.
3. That it is lawful, and the duty of every man, being thereunto called by those that Govern, to bear witness to truth; and that every church or profession shall, in their Terms of Communion, Set down the External way whereby they witness a truth as in the presence of God, whether it be by laying hands on and Kissing the Gospel, as in the Protestant and Papist Churches, or by holding up the hand, or any other Sensible way.91. 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 recorded in Some one, and but one Religion Record at once.
92. The Religious Record of every church or profession shall be kept by the public Register of the Precinct where they reside.
93. No man of any other Church or profession shall disturb or molest any Religious Assembly.
94. No person whatsoever shall speak any thing in their Religious assembly Irreverently or Seditiously of the Government or Governors or States matters.
95. Any person Subscribing the terms of Communion of any church or profession in the Record of the said church before the Precinct Register and any one member of the church or profession shall be thereby made a member of the Said church or profession.
96. Any person striking out his own name out of any Record, or his name being struck out by any officer thereunto Authorized by any church or profession, shall cease to be a member of that Church or profession.
97. No person shall use any reproachful, Reviling, or abusive language against the Religion of any Church or Profession, that being the certain way of disturbing the public peace, and of hindering the conversion of any to the truth, by engaging them in Quarrels and animosities, to the hatred of the professors and that profession, which otherwise they might be brought to assent to.
98. Since Charity obliges us to wish well to the Souls of all men, and Religion ought to alter nothing in any man's civil Estate or Right, It shall be lawful for Slaves, as all others, to enter themselves and be of what church any of them shall think best, and thereof be as fully members as any freemen. But yet, no Slave shall hereby be exempted from that civil dominion his Master has over him, but be in all other things in the same State and condition he was in before.
99. Assemblies, upon what pretence soever of Religion, not observing and performing the above said Rules shall not be Esteemed as churches, but unlawful meetings, and be punished as other Riots.
100. No person whatsoever shall disturb, molest, or persecute another for his speculative opinions in Religion or his way of worship.
101. Every Freeman of Carolina shall have absolute Authority over his Negro Slaves, of what opinion or Religion soever.
102. No person whatsoever shall hold or claim any land in Carolina, by Purchase or gift or otherwise, from the Natives or any other person whatsoever, but merely from and under the [Lords] Proprietors, upon pain of forfeiture of all his Estate, moveable or unmoveable, and perpetual Banishment.
103. Whoever shall possess any Freehold in Carolina, upon what Title or grant soever, shall, at the farthest, from and after the year 1689, pay yearly unto the Proprietors for each acre of Land, English measure, as much fine Silver as is at this present in one English penny, or the Value thereof, to be as a Chief Rent and acknowledgment of the Proprietors, their Heirs and Successors, forever; and it shall be lawful for the proprietors, by their Officers, at any time, to take a new Survey of any man's land, not to out him of any part of his possession, but that by Such a Survey, the Just number of acres he possesses may be known, and the Rent thereupon due may be paid by him.
104. All wrecks, mines, minerals, Quarries of Gems, and precious stones, with whale fishing, [Pearl fishing], and one half of all ambergris, by whom soever found, shall wholly belong to the Proprietors.
105. All Revenues and profits arising out of anything but their distinct particular Lands and possessions 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, his Deputy shall have one of those three tenths, and the Palatine the other two tenths.
106. All Inhabitants and freemen of Carolina above seventeen years of Age and under Sixty shall be bound to bear Arms and serve as Soldiers whenever the grand Council shall find it necessary.
[No 107 in manuscript]
108. 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 condition or degree soever, above seventeen years Old, have any Estate or possession in Carolina, or protection or benefit of the law there, who has not 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; and will be true and faithful to the [ Palatine and ] Lords Proprietors of Carolina; and, with my utmost power, will defend them and maintain the Government, according to this Establishment in these fundamental constitutions.
109. And whatsoever Alien shall, in this form, before any Precinct Register, Subscribe these fundamental Constitutions shall be thereby Naturalized.
110. In The Same manner shall every person at his admittance into any Office Subscribe these fundamental constitutions.
111. These fundamental constitutions, [in number 111], and every part thereof, shall be, and remain as, the Sacred unalterable form and Rule of Government [of Carolina] for ever. Witness our hands and Seals, this twenty first day July, in the year of our Lord 1669.
Footnote #6
THE FUNDAMENTAL CONSTITUTIONS
Revisions in the Version of July 21, 1669Article 2 was struck out and the following was substituted:
The eldest of the Lords Proprietors shall be Palatine; and upon the decease of the Palatine, the Eldest of the Seven Surviving Proprietors shall always succeed him.Article 6 was revised to read as follows:
At any time before the year 1701, any of the Lords Proprietors shall have power to relinquish, Alienate, and dispose, to any other person, his Proprietorship, and all the Seigniories, powers, and Interest thereunto belonging, wholly and entirely together, and not otherwise. But after the year 1700, those who are then Lords Proprietors shall not have power to Alienate, make over, or let their proprietorship, with the Seigniories and privileges thereunto belonging, or any part thereof, to any person whatsoever, otherwise than as in article 18, but it shall descend unto their heirs male; and for want of heirs male, it shall descend on that Landgrave or Cacique of Carolina who is descended of the next heir female of the said Proprietor; and for want of Such heirs, it shall descend on the next heir general; and for want of Such heirs, the remaining Seven proprietors shall, upon the Vacancy, choose a Landgrave to succeed the deceased proprietor, who being chosen by the majority of the Seven Surviving proprietors, he and his heirs Successively shall be proprietors as fully, to all intents and purposes, as any of the rest.Article 7 was revised to read as follows:
And that the number of eight Proprietors may be constantly kept, if, upon the vacancy of any Proprietorship, the Surviving Seven Proprietors shall not choose a Landgrave as a Proprietor before the Second Biennial Parliament after the vacancy, then the next Biennial Parliament but one after Such vacancy shall have power to choose any Landgrave to be Proprietor; but whosoever after the year 1700, either by inheritance or choice, shall Succeed any Proprietor in his proprietorship, and Seigniories 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.Article 8 was struck out and the following was submitted:
Whatsoever Landgrave or Cacique shall any way come to be a Proprietor shall take the Seigniories annexed to the said Proprietorship, but his former dignity, with the Baronies annexed, shall devolve into the hands of the Lords Proprietors.Article 10 was revised to read as follows:
The first Landgrave and Caciques of every County shall be nominated, not by the Joint election of the Proprietors all together, but the eight Proprietors shall, each of them separately, nominate and choose one Landgrave and two Caciques to be the eight Landgraves and the sixteen Caciques for the eight first Counties to be Planted; and when the said eight Counties shall be planted, the proprietors shall, in the same manner, nominate and Chose eight more Landgraves and sixteen Caciques for the eight next Counties to be appeal planted; and so proceed, in the same manner, till the whole province of Carolina be set out Land and planted according to the proportions in these fundamental Constitutions.Article 12 was revised to read as follows:
That the due number of Landgraves and Caciques may be always kept up, if, upon the devolution of any Landgraveship or Caciqueship The Palatine's Court shall not settle the devolved dignity, with the Baronies thereunto annexed, before the Second biennial Parliament after Such devolution, the next Biennial Parliament but one after such devolution shall have power to make any one Landgrave or Cacique in the Room of him, who dying without heirs, his dignity and Baronies devolved.Article 13 was revised to read as follows:
No one person shall have more than one dignity, with the Seigniories of Baronies thereunto belonging; but whensoever it shall happen that any one who is already Proprietor, Landgrave, or Cacique shall have any of those dignities descend to him by inheritance, it shall be at his choice to keep which of the two dignities, with the Lands annexed, he shall like best, but shall leave the other, with the lands annexed to be enjoyed by him who, not being his heir apparent, and certain successor to his present dignity, is next of blood, unless when a Landgrave or Cacique comes to be proprietor, and then his former dignity and Baronies shall devolve as in Article 8.Article 16 was revised to read as follows:
After the year 1700, whatsoever Landgrave or Cacique shall, without leave from the Palatine's Court, be out of Carolina during two successive biennial Parliaments shall, at the end of the second biennial Parliament after such his absence, be summoned by Proclamation; and if he come not into Carolina before the next biennial Parliament after Such Summons, then the Grand Council shall have power thence forward to receive all the rents and profits arising out of his Baronies until his return or death, and to dispose of the said profits as they shall think fit.Article 17 was revised to read as follows:
In every Seigniory, Barony, and Manor, the respective Lord shall have power, in his own name, to hold Court there, for trying of all causes, both Civil and Criminal; But where it shall concern any 2 person being no inhabitant, vassal, or Leet man of the said Barony, Seigniory, or manor, he, upon paying down of forty shillings to the Lords Proprietors' use, shall have an appeal from the Seigniory or Barony Court to the County Court, and from the Manor Court to the precinct Court.Article 19 was revised to read as follows:
Every Manor shall consist of not less than three thousand Acres and not above twelve thousand Acres in one entire piece; but any three thousand acres or more in one piece and the possession of one Man shall not be a manor unless it be constituted a manor by the grant of the Palatine's Court.Article 22 was revised to read as follows:
In every Seigniory, Barony, and manor, all the Leet men shall be under the Jurisdiction of the respective Lord of the said Seigniory, Barony, or Manor, without appeal from him; nor shall any Leet man or Leet woman have liberty to go off from the Land of his particular Lord and live any where else without Licences obtained from his Said Lord, under hand and Seal.Article 24 was revised to read as follows:
No man shall be capable of having a Court Leet or Leet men but a Proprietor,
Landgrave, or Cacique, or Lord of a Manor. Nor shall any man be a Leet man who has not voluntarily entered himself a Leet man in the Registry of the County Court.Article 25 was revised to read as follows:
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, therfore, not more than one eighth of all yearly produce and growth of the said ten acres.Article 26 was struck out and the following was submitted:
No Landgrave or Cacique shall be tried for any criminal cause in any but in the Chief Justice Court, and that by a jury of his peers.Article 27 was revised to read as follows:
There shall be eight supreme Courts, the first, Called the Palatine's Court, consisting of the Palatine and the other Seven Proprietors. The other seven courts of the other 8 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, by the Landgraves' Chamber; two out of the Caciques, by the Caciques' Chamber; two out of the Landgraves, Caciques, or Eldest sons of the Proprietors, by the Palatine's Court; four more of the twelve shall be chosen by the Commons' Chamber out of such as have been or are members of Parliament, Sheriffs, or Justices of the County Court; the other two shall be Chosen by the Palatine's Court out of the aforesaid members of Parliament, or Sheriffs, or Justices of the County Court, or the Eldest sons of Landgraves or Caciques, or younger Sons of Proprietors.Article 28 was revised to read as follows:
Out of these Colleges shall be Chosen Six Councillors 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, Caciques, or Eldest Sons of Proprietors; one out of those who were chosen by the Landgrave's Chamber; and one out of those who were Chosen by the Caciques' Chamber; two out of those who were Chosen by the Commons' Chamber; and one out of those who were Chosen by the Palatine's Court out of the Proprietors' younger Sons, or Eldest Sons of Landgraves or Caciques, or Commons Qualified as aforesaid.Article 30 was revised to read as follows:
No man being a member of the grand Council or of any of the seven Colleges shall be turned out but For misdemeanor, of which the grand Council shall be Judge; and the vacancy of the person so put out shall be filled, not by the Election of the grand Council, but by those who first chose him, and out of the same degree he was of who is expelled. But is not hereby to be understood that the Grand Council has any power to turn out any one of the Lords Proprietors, or their Deputies, The Lords Proprietors having in themselves an inherent original right.Article 32 was revised to read as follows:
The Palatine's Court shall consist of the Palatine and Seven Proprietors, wherein 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 Proprietors' dispose, 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 Judgments of the grand Council and the Parliament. Except only as in Articles 7 and 12; and also, shall have a negative upon all Acts and orders of the Constable's Court and Admiral's Court relating to wars; And shall have all the powers granted to the Proprietors by their patent from our Sovereign Lord The King, except in such things as are limited by these fundamental constitutions.Article 34 was revised to read as follows:
The Chancellor's Court, consisting of one of the Proprietors and his six Councillors, who shall be called vice-chancellors, shall have the Custody of the Seal of the Palatinate, under which all charters, of Lands or otherwise, Commissions, and grants of the Palatine's Court shall pass, etc. 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 Proprietors, or their Deputies. To this Court, also, belongs all state matters, dispatches, and treaties, with the Neighbour Indians or any other, so far forth as is permitted by our Charter from our Sovereign Lord the King. To this Court, also, belongs all Invasions of the Law of Liberty of conscience, and all disturbances of the public peace upon pretence of Religion, as also, the Licence of printing. The twelve assistants belonging to this Court shall be called Recorders.Article 37 was revised to read as follows;
The Admiral's Court, consisting of one of the Proprietors and his Six Councillors, called Consuls, shall have the care and inspection over all ports, Moles, and Navigable Rivers so far as the Tide flows; and also, all the public Shipping of Carolina, and stores thereunto belonging, and all maritime affairs. This Court, also, shall have the power of the Court of Admiralty, and also, to hear and try by Law-Merchant all cases in Matters of Trade between the Merchants of Carolina amongst themselves, arising without the limits of Carolina; as also, all controversies in Merchandising that shall happen between Denizens of Carolina and foreigners. The twelve Assistants belonging to this court shall be called proconsuls. In time of actual war, the High Admiral, whilst he is at Sea, Shall command in chief, and his Six Councillors, or such of them as the Palatine's Court shall for that time and service appoint, shall be the immediate great officers under him, and the proconsuls next to them.Article 39 was revised to read as follows:
The High Steward's court, consisting of a proprietor and his six Councillors, who shall be called Comptrollers, shall have the care of all foreign and domestic Trade, Manufactures, public buildings and workhouses, high ways, passages by water above the flood of the Tide, drains, sewers and Banks against inundations, Bridges, Posts, Carriers, Fairs, Markets, and all things in order to trade and travel, and anything that may corrupt, deprave, or infect the common Air or water, and all other things wherein the Public commerce or health is concerned; and also, the setting out and surveying of lands; and also, the setting out and appointing places for towns to be built on in the Precincts, and the prescribing and determining the Figure and bigness of the said Towns according to such Models as the said court shall order, contrary or differing from which Models it shall not be lawful for any one to build in any Town.Another revision of Article 39 reads as follows:
The High Steward' court, consisting of a proprietor and his six Councillors, who shall be called Comptrollers, shall have the care of all foreign and domestic Trade, Manufactures, public buildings and workhouses, high ways, passages by water above the flood of the Tide, drains, sewers and Banks against inundations, Bridges, Posts, Carriers, Fairs, Markets, Corruptions, or infections of the common air and water, and all things in order to public commerce and health....[Nothing in the manuscript indicates which revision of Article 39 was adopted, but the latter appears in the March 1, 1670, version. ]
Article 40 was first revised to read as follows:
This Court shall have power, also, to make any public building or any new high way, or enlarge any old high way, upon any Man's Land whatsoever; as also, to make cuts, Channels, Banks, locks, and Bridges, for making Rivers Navigable, for draining of Fens, or any other public uses; the damage the owner of such land, on or through which any such public thing shall be made, shall receive thereby shall be valued by a Jury of twelve men of the Precinct in which any such thing is done, and satisfaction shall be made accordingly by a Tax, either on the County or that particular precinct, as the grand Council shall think fit to order in that particular case. And if it be a Seigniory or Barony on or through which any such public thing shall be made, then the damage the owner of the said Seigniory or Barony shall receive thereby shall be valued by the High Steward's Court, and satisfaction shall be made accordingly by a tax on the County. The twelve assistants belonging to this Court shall be called Surveyors.Article 40 was finally revised to read as follows:
This Court shall have power, also, to make any public building or any new high way, or enlarge any old high way, upon any Man's Land whatsoever; as also, to make cuts, Channels, Banks, locks, and Bridges, for making Rivers Navigable, for draining of Fens, or any other public uses; the damage the owner of such land, on or through which any such public thing shall be made, shall receive thereby shall be valued, and satisfaction made, by such ways as the Grand Council shall appoint. The twelve assistants belonging to this Court shall be called Surveyors.Article 45 was struck out and the following was substituted:
In all the Proprietors' Courts, the Proprietor and any three of his Councillors shall make a Quorum; Provided always, that, for the better dispatch 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.Article 46 was revised to read as follows:
The grand Council shall consist of the Palatine, and Seven Proprietors, and the forty two Councillors of the Several Proprietors' Courts; who shall have power to determine any Controversies that may arise between any of the Proprietors' Courts about their respective Jurisdictions, or between the Members of one and the same Court about their manner and methods of proceeding; to make peace and war, Leagues, Treaties, etc., with any of the Neighbour Indians; To issue out their General Orders to the Constable's and Admiral's Court for the Raising, disposing, or disbanding the Forces, by land or by Sea; to prepare all matters to be proposed in Parliament; nor shall any matter whatsoever be proposed in Parliament but what has first passed the Grand Council, which, after having been read three several days in the Parliament, shall be passed or rejected.Article 54 was revised to read as follows:
Each Proprietor's deputy shall be always one of their own Six Councillors respectively; And in case any of the Proprietors has not, in his absence out of Carolina, a Deputy in Carolina, commissioned under his hand and seal, the Eldest Nobleman of his Court shall, of course, be his Deputy.Article 55 was struck out and the following was substituted:
In Every County there shall be a Court, consisting of a Sheriff and four Justices of the County Court, for Every precinct one. The Sheriff Shall be an inhabitant of this 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 in the precinct for which they Serve respectively. These five Shall be chosen, commissioned from time to time by the Palatine's Court.Article 57 was revised to read as follows:
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 causes, except for Treason, Murder, and any other offences punished with death and all criminal causes of the Nobility; and all civil causes whatsoever, and in all personal actions not exceeding fifty pounds 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 to the Proprietors' use, shall have Liberty of appeal unto the County Court.Article 67 was revised to read as follows:
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 on forty days' notice, 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.Article 71 was revised to read as follows:
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 Government; and in Such case, after a full and free debate, the several Estates shall retire into four several Chambers, the Palatine and Proprietors into one, the Landgraves into another, and the Caciques into another, and those Chosen by the Precincts into a fourth; and if the major part of any of these four Estates shall Vote that the law is not agreeable to this Establishment and these fundamental constitution of the Government, then it shall pass no further, but be as if it had never been proposed. The Quorum of the Parliament shall be one half of those who are members and capable of sitting in the house that present session of Parliament. The Quorum of each of the Chambers of Parliament shall be one half of the members of that Chamber.Article 74 was revised to read as follows:
There shall be a Registry in every precinct, wherein shall be enrolled all deeds, Leases, Judgments, mortgages, or other conveyances which may concern any of the land within the Said Precinct; and all Such conveyances not so entered or Registered shall not be of force against any person not privy to the Said contract or conveyance.Article 77 was revised to read as follows:
There shall be a Registry in every Seigniory, Barony, and Colony, wherein shall be Recorded all the Births, Marriages, and deaths that shall happen within the said Colony.Article 79 was revised to read as follows:
The time of every one's Age that is born in Carolina shall be Reckoned from the day that his Birth is entered in the Registry, and not before.Article 80 was revised to read as follows:
No marriage shall be lawful, whatever Contract of Ceremonies they have used, till both the parties mutually own it before the Register where they were married, and they enter it, with the names of the Father and mother of each party.Article 81 was revised to read as follows:
No man shall administer to the goods, or have right to them, or enter upon the Estate, of any person deceased till his death be Registered in the Respective Registry.Article 82 was revised to read as follows:
He that does not enter in the respective Registry the death or Birth or any person that dies or is born 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 death or birth respectively to the time of Registering it.Article 84 was revised to read as follows:
There shall be in every Colony one Constable, to be Chosen annually by the Freeholders of the Colony, his Estate to be above one hundred acres of Freehold within the Said Colony; and Such Subordinate officers appointed for his assistance as the County Court shall find requisite, and shall be Established by the said County court; the Election of the Subordinate annual officers shall be also in the Freeholders of the Colony.Article 85 was revised to read as follows:
All Towns incorporate shall be Governed by a Mayor, twelve Aldermen, and twenty four of the Common Council; the Said Common Council to be chosen by the present householders of the Said Town; and the Aldermen to be Chosen out of the Common Council, and the Mayor out of the Aldermen, by the Palatine's Court.Article 90 was revised to read as follows:
In the terms of Communion of every church or profession, these following shall be three, without which no agreement or assembly of men upon pretence of Religion shall be accounted a Church or Profession within these Rules:1. That there is a God.
2. That God is publicly to be worshipped.
3. That it is lawful, and the duty of every man, being thereunto called by those that Govern, to bear witness to truth; and that every church or profession shall, in their Terms of Communion, Set down the Eternal way whereby they witness a truth as in the presence of God, whether it be by laying hands on and Kissing the Bible, as in the Protestant and Papist Churches, or by holding up the hand, or any other Sensible way.Article 95 was revised to read as follows:
Any person Subscribing the terms of Communion of any church or profession in the Record of the said church before the Precinct Register and any five members of the church or profession shall be thereby made a member of the Said church or profession.Article 96 was revised to read as follows:
Any person striking out his own name out of any religious Record, or his name being struck out by any officer thereunto Authorized by Each church or profession respectively, shall cease to be a member of that Church or profession.Article 101 was revised to read as follows:
Every Freeman of Carolina shall have absolute power and Authority over his Negro Slaves, of what opinion or Religion soever.Footnote #7
PROCLAMATION OF 1763, Charter of Florida
October 7, 1763
By the King, a Proclamation George R.
Whereas We have taken into Our Royal Consideration the extensive and valuable Acquisitions in America, secured to our Crown by the late Definitive Treaty of Peace concluded at Paris, the 10th Day of February last; and being desirous that all Our loving Subjects, as well of our Kingdom as of our Colonies in America, may avail themselves with all convenient Speed, of the great Benefits and Advantages which must accrue therefrom to their Commerce, Manufactures, and Navigation, We have thought fit, with the Advice of our Privy Council, to issue this our Royal Proclamation, hereby to publish and declare to all our loving Subjects, that we have, with the Advice of our Said Privy
Council, granted our Letters Patent, under our Great Seal of Great Britain, to erect, within the Countries and Islands ceded and confirmed to Us by the said Treaty, Four distinct and separate Governments, styled and called by the names of Quebec, East Florida, West Florida and Grenada, and limited and bounded as follows, viz.First - The Government of Quebec bounded on the Labrador Coast by the River St. John, and from thence by a Line drawn from the Head of that River through the Lake St. John, to the South end of the Lake Nipissim; from whence the said Line, crossing the River St. Lawrence, and the Lake Champlain, in 45 Degrees of North Latitude, passes along the High Lands which divide the Rivers that empty themselves into the said River St. Lawrence from those which fall into the Sea; and also along the North Coast of the Baye des Chaleurs, and the Coast of the Gulf of St. Lawrence to Cape Rosieres, and from thence crossing the Mouth of the River St. Lawrence by the West End of the Island of Anticosti, terminates at the aforesaid River of St. John.
Secondly - The Government of East Florida, bounded to the Westward by the Gulph of Mexico and the Apalachicola River; to the Northward by a Line drawn from that part of the said River where the Chatahouchee and Flint Rivers meet, to the source of St. Mary's River, and by the course of the said River to the Atlantic Ocean; and the Eastward and Southward by the Atlantic Ocean and the Gulph of Florida, including all Islands within Six Leagues of the Sea Coast.
Thirdly - The Government of West Florida, bounded to the Southward by the Gulph of Mexico, including all Islands within Six Leagues of the Coast, from the River Apalachicola to Lake Pontchartrain; to the Westward by the said Lake, the Lake Maurepas, and the River Mississippi; to the Northward by a Line drawn due East from that part of the river Mississippi which lies in 31 Degrees North Latitude, to the River Apalachicola or Chatahouchee; and the Eastward by the said River.
Fourthly - The Government of Grenada, comprehending the Island of that name, together with the Grenadines, and the Islands of Dominico, St. Vincent's and Tobago.
And to the end that the open and free Fishery of our Subjects may be extended to and carried on upon the Coast of Labrador, and the adjacent Islands, We have thought fit, with the advice of our said Privy Council to put all that Coast, from the River St. John's to Hudson's Straights, together with the Islands of Anticosti and Madelaine, and all other smaller Islands lying upon the said Coast, under the care and Inspection of our Governor of Newfoundland. We have also, with the advice of our Privy Council, thought fit to annex the Islands of St. John's and Cape Breton, or Isle Royale, with the lesser Islands adjacent thereto, to our Government of Nova Scotia. We have also, with the advice of our Privy Council aforesaid, annexed to our Province of Georgia all the Lands lying between the Rivers Alatamaha and St. Mary's.
And whereas it will greatly contribute to the speedy settling of our said new Governments, that our loving Subjects should be informed of our Paternal care, for the security of the Liberties and Properties of those who are and shall become Inhabitants thereof, We have thought fit to publish and declare, by this Our Proclamation, that We have, in the Letters Patent under our Great Seal of Great Britain, by which the said Governments are constituted, given express Power and Direction to our Governors of our Said Colonies respectively, that so soon as the state and circumstances of the said Colonies will admit thereof, they shall, with the Advice and Consent of the Members of our Council, summon and call General Assemblies within the said Governments respectively, in such Manner and Form as is used and directed in those Colonies and Provinces in America which are under our immediate Government;
And We have also given Power to the said Governors, with the consent of our Said Councils, and the Representatives of the People so to be summoned as aforesaid, to make, constitute, and ordain Laws, Statutes, and Ordinances for the Public Peace, Welfare, and good Government of our said Colonies, and of the People and Inhabitants thereof, as near as may be agreeable to the Laws of England, and under such Regulations and Restrictions as are used in other Colonies; and in the mean Time, and until such Assemblies can be called as aforesaid, all Persons Inhabiting in or resorting to our Said Colonies may confide in our Royal Protection for the Enjoyment of the Benefit of the Laws of our Realm of England; for which Purpose We have given Power under our Great Seal to the Governors of our said Colonies respectively to erect and constitute, with the Advice of our said Councils respectively, Courts of Judicature and public Justice within our Said Colonies for hearing and determining all Causes, as well Criminal as Civil, according to Law and Equity, and as near as may be agreeable to the Laws of England, with Liberty to all Persons who may think themselves aggrieved by the Sentences of such Courts, in all Civil Cases, to appeal, under the usual Limitations and Restrictions, to Us in our Privy Council.
We have also thought fit, with the advice of our Privy Council as aforesaid, to give unto the Governors and Councils of our said Three new Colonies, upon the Continent full Power and Authority to settle and agree with the Inhabitants of our said new Colonies or with any other Persons who shall resort thereto, for such Lands, Tenements and Hereditaments, as are now or hereafter shall be in our Power to dispose of; and them to grant to any such Person or Persons upon such Terms, and under such moderate Quit-Rents, Services and Acknowledgments, as have been appointed and settled in our other Colonies, and under such other Conditions as shall appear to us to be necessary and expedient for the Advantage of the Grantees, and the Improvement and settlement of our said Colonies.
And Whereas, We are desirous, upon all occasions, to testify our Royal Sense and Approbation of the Conduct and bravery of the Officers and Soldiers of our Armies, and to reward the same, We do hereby command and impower our Governors of our said Three new Colonies, and all other our Governors of our several Provinces on the Continent of North America, to grant without Fee or Reward, to such reduced Officers as have served in North America during the late War, and to such Private Soldiers as have been or shall be disbanded in America, and are actually residing there, and shall personally apply for the same, the following Quantities of Lands, subject, at the Expiration of Ten Years, to the same Quit-Rents as other Lands are subject to in the Province within which they are granted, as also subject to the same Conditions of Cultivation and Improvement; viz.
To every Person having the Rank of a Field Officer -- 5,000 Acres.
To every Captain -- 5,000 Acres.
To every Subaltern or Staff Officer, -- 2,000 Acres.
To every Non-Commission Officer, -- 200 Acres.
To every Private Man -- 50 Acres.We do likewise authorize and require the Governors and Commanders in Chief of all our said Colonies upon the Continent of North America to grant the like Quantities of Land, and upon the same conditions, to such reduced Officers of our Navy of like Rank as served on board our Ships of War in North America at the times of the Reduction of Louisbourg and Quebec in the late War, and who shall personally apply to our respective Governors for such Grants.
And whereas it is just and reasonable, and essential to our Interest, and the Security of our Colonies, that the several Nations or Tribes of Indians with whom We are connected, and who live under our Protection, should not be molested or disturbed in the Possession of such Parts of Our Dominions and Territories as, not having been ceded to or purchased by Us, are reserved to them, or any of them, as their Hunting Grounds.
We do, therefore, with the Advice or our Privy Council, declare it to be our Royal Will and Pleasure, that no Governor or Commander in Chief in any of our Colonies of Quebec, East Florida, or West Florida, do presume, upon any Pretence whatever, to grant Warrants of Survey, or pass any Patents for Lands beyond the Bounds of their respective Governments, as described in their Commissions; as, also, that no Governor or Commander in Chief in any of our other Colonies or Plantations in America do presume for the present, and until our further Pleasure be known, to grant Warrants of Survey, or pass Patents for any Lands beyond the Heads or Sources of any of the Rivers which fall into the Atlantic Ocean from the West and North West, or upon any Lands whatever, which, not having been ceded to or purchased by Us as aforesaid, are reserved to the said Indians, or any of them.
And We do further declare it to be Our Royal Will and Pleasure, for the present as aforesaid, to reserve under our Sovereignty, Protection, and Dominion, for the use of the said Indians, all the Lands and Territories not included within the Limits of Our said Three new Governments, or within the Limits of the Territory granted to the Hudson's Bay Company, as also all the Lands and Territories lying to the Westward of the Sources of the Rivers which fall into the Sea from the West and North West as aforesaid.
And We do hereby strictly forbid, on Pain of our Displeasure, all our loving Subjects from making any Purchases or Settlements whatever, or taking Possession of any of the Lands above reserved, without our special leave and Licence for that Purpose first obtained.
And, We do further strictly enjoin and require all Persons whatever who have either wilfully or inadvertently seated themselves upon any Lands within the Countries above described, or upon any other Lands which, not having been ceded to or purchased by Us, are still reserved to the said Indians as aforesaid, forthwith to remove themselves from such Settlements.
And whereas great Frauds and Abuses have been committed in purchasing Lands of the Indians, to the great Prejudice of our Interests, and to the great Dissatisfaction of the said Indians; In order, therefore, to prevent such Irregularities for the future, and to the end that the Indians may be convinced of our Justice and determined Resolution to remove all reasonable Cause of Discontent, We do, with the Advice of our Privy Council strictly enjoin and require, that no private Person do presume to make any purchase from the said Indians of any Lands reserved to the said Indians, within those parts of our Colonies where, We have thought proper to allow Settlement; but that, if at any Time any of the Said Indians should be inclined to dispose of the said Lands, the same shall be Purchased only for Us, in our Name, at some public Meeting or Assembly of the said Indians, to be held for that Purpose by the Governor or Commander in Chief of our Colony respectively within which they shall lie; and in case they shall lie within the limits of any Proprietary Government, they shall be purchased only for the Use and in the name of such Proprietaries, conformable to such Directions and Instructions as We or they shall think proper to give for that Purpose; And we do, by the Advice of our Privy Council, declare and enjoin, that the Trade with the said Indians shall be free and open to all our Subjects whatever, provided that every Person who may incline to Trade with the said Indians do take out a Licence for carrying on such Trade from the Governor or Commander in Chief of any of our Colonies respectively where such Person shall reside, and also give Security to observe such Regulations as We shall at any Time think fit, by ourselves or by our Commissaries to be appointed for this Purpose, to direct and appoint for the Benefit of the said Trade:
And we do hereby authorize, enjoin, and require the Governors and Commanders in Chief of all our Colonies respectively, as well those under Our immediate Government as those under the Government and Direction of Proprietaries, to grant such Licences without Fee or Reward, taking special Care to insert therein a Condition, that such Licence shall be void, and the Security forfeited in case the Person to whom the same is granted shall refuse or neglect to observe such Regulation as We shall think proper to prescribe as aforesaid.
And we do further expressly enjoin and require all Officers whatever, as well Military as those Employed in the Management and Direction of Indian Affairs, within the Territories reserved as aforesaid for the use of the said Indians, to seize and apprehend all Persons whatever, who standing charged with Treason, Misprisions of Treason, Murders, or other Felonies or Misdemeanors, shall fly from Justice and take Refuge in the said Territory, and to send them under a proper guard to the Colony where the Crime was committed of which they stand accused, in order to take their Trial for the same.
Given at our Court at St. James's the 7th Day of October 1763, in the Third Year of our Reign. GOD SAVE THE KING
Footnote #8
1670 Charter
THE ROYAL CHARTER incorporating The Hudson's Bay Company 2 May 1670CHARLES THE SECOND By the grace of God King of England Scotland France and Ireland defender of the faith &c
TO ALL to whom these presents shall come greeting
WHEREAS Our Dear and entirely Beloved cousin Prince Rupert Count Palatine of the Rhine Duke of Bavaria and Cumberland &c Christopher Duke of Albemarle; William Earl of Craven; Henry Lord Arlington; Anthony Lord Ashley; Sir John Robinson; and Sir Robert Vyner Knights and Baronets Sir Peter Colleton; Baronet Sir Edward Hungerford Knight of the Bath Sir Paul Neil; Knight Sir John Griffith; and Sir Philip Carteret; Knights James Hayes, John Kirke, Francis Millington, William Prettyman, John Fenn Esquires, and John Portman Citizen and Goldsmith of London have at their own great cost and charge undertaken an EXPEDITION for Hudson's Bay in the North west part of America for the discovery of a new Passage into the South Sea and for the finding some Trade for Furs, Minerals, and other considerable Commodities and by such their undertaking have already made such discoveries as do encourage them to proceed further in pursuance of their said design by means whereof there may probably arise very great advantage to us and our Kingdom.
AND WHEREAS the said undertakers for their further encouragement in the said design have humbly besought us to Incorporate them and grant unto them and their successors the sole Trade and Commerce of all those Seas, Straits, Bays, Rivers, Lakes, Creeks, and Sounds in whatsoever Latitude they shall be that lie within the entrance of the Straits commonly called Hudson's Straits together with all the Lands, Countries, and Territories upon the Coasts and Confines of the Seas, Straits, Bays, Lakes, Rivers, Creeks, and Sounds aforesaid which are not now actually possessed by any of our Subjects or by the Subjects of any other Christian Prince or State
NOW KNOW YE that We being desirous to promote all Endeavours tending to the public good of our people and to encourage the said undertaking HAVE of our special grace certain knowledge and mere motion Given granted ratified and confirmed And by these Presents for us our Heirs and Successors DO give, grant, ratify, and confirm unto our said Cousin Prince Rupert Christopher Duke of Albemarle, William Earl of Craven, Henry Lord Arlington, Anthony Lord Ashley, Sir John Robinson, Sir Robert Vyner, Sir Peter Colleton, Sir Edward Hungerford, Sir Paul Neil, Sir John Griffith, and Sir Philip Carteret, James Hayes, John Kirke, Francis Millington, William Prettyman, John Fenn, and John Portman. That they and such others as shall be admitted into the said Society as is hereafter expressed shall be one Body Corporate and Politic in deed and in name by the name of the Governor and Company of Adventurers of England trading into Hudson's Bay and them by the name of the Governor and Company of Adventurers of England trading into Hudson's Bay one Body Corporate and Politic in deed and in name really and fully forever for us our Heirs and successors WE DO make ordain constitute establish confirm and declare by these Presents and that by the same name of Governor & Company of Adventurers of England Trading into Hudson's Bay they shall have perpetual succession And that they and their successors by the name of Governor and Company of Adventurers of England Trading into Hudson's Bay be and at all times hereafter shall be persons able and capable in Law to have purchase receive possess enjoy and retain Lands, Rents, privileges, liberties, Jurisdictions, Franchises, and hereditaments of what kind nature and quality soever they be to them and their Successors And also to give grant demise alien assign and dispose Lands Tenements and hereditaments and to do and execute all and singular other things by the same name that to them shall or may appertain to do. And that they and their Successors by the name of the Governor and Company of Adventurers of England Trading into Hudson's Bay may plead and be impleaded answer and be answered defend and be defended in whatsoever Courts and places before whatsoever Judges and Justices and other persons and Officers in all and singular Actions Pleas Suits Quarrels causes and demands whatsoever of whatsoever kind nature or sort in such manner and form as any other our Liege people of this our Realm of England being persons able and capable in Law may or can have purchase, receive, possess, enjoy, retain, give, grant, demise, alien, assign, dispose, plead, defend, and be defended do permit and execute. And that the said Governor and Company of Adventurers of England Trading into Hudson's Bay and their successors may have a Common Seal to serve for all the causes and businesses of them and their Successors and that it shall and may be lawful to the said Governor and Company and their Successors the same Seal from time to time at their will and pleasure to break change and to make a new or alter as them shall seem expedient.
AND FURTHER WE WILL
And by these presents for us our heirs and Successors WE DO ordain that there shall be from henceforth one of the same Company to be elected and appointed in such form as hereafter in these presents is expressed which shall be called The Governor of the said Company. And that the said Governor and Company shall or may elect seven of their number in such form as hereafter in these presents is expressed which shall be called the Committee of the said Company which Committee of seven or any three of them together with the Governor or Deputy Governor of the said Company for the time being shall have the direction of the Voyages of and for the said Company and Provision of the Shipping and Merchandises thereunto belonging and also the sale of all merchandises Goods and other things returned in all or any the Voyages or Ships of or for the said Company and the managing and handling of all other business affairs and things belonging to the said Company.
AND WE WILL ordain and Grant by these presents for us our Heirs and Successors unto the said Governor and Company and their successors that they the said Governor and Company and their successors shall from henceforth forever be ruled ordered and governed according to such manner and form as is hereafter in these presents expressed and not otherwise. And that they shall have hold retain and enjoy the Grants, Liberties, Privileges, Jurisdictions, and Immunities only hereafter in these presents granted and expressed and no other. And for the better WE HAVE ASSIGNED nominated constituted and made And by these presents for us our Heirs and Successors WE DO ASSIGN, nominate, constitute, and make our said Cousin Prince Rupert to be the first and present Governor of the said Company and to continue in the said Office from the date of these presents until the tenth of November then next following if he the said Prince Rupert shall so long live and so until a new Governor be chosen by the said Company in form hereafter expressed. AND ALSO WE HAVE assigned nominated and appointed. And by these presents for us our Heirs and Successors WE DO assign nominate and constitute the said Sir John Robinson, Sir Robert Vyner, Sir Peter Colleton, James Hayes, John Kirke, Francis Millington, and John Portman to be the seven first and present Committees of the said Company from the date of these presents until the said tenth Day of November then also next following and so until new Committees shall be chosen in form hereafter expressed. AND FURTHER WE WILL and grant by these presents for us our Heirs and Successors unto the said Governor and Company and their successors that it shall and may be lawful to and for the said Governor and Company for the time being or the greater part of them present at any public Assembly commonly called the Court General to be holden for the said Company the Governor of the said Company being always one from time to time elect nominate and appoint one of the said Company to be Deputy to the said Governor which Deputy shall take a corporal Oath before the Governor and three or more of the Committee of the said Company for the time being well truly and faithfully to execute his said Office of Deputy to the Governor of the said Company and after his Oath so taken shall and may from time to time in the absence of the said Governor exercise and execute the Office of Governor of the said Company in such sort as the said Governor ought to do. AND FURTHER WE will and grant and by these presents for us our Heirs and Successors unto the said Governor and Company of Adventurers of England trading into Hudson's Bay and their Successors That they or the greater part of them whereof the Governor for the Time being or his Deputy to be one from time to time and at all times hereafter shall and may have authority and power yearly and every year the first and last day of November to assemble and meet together in some convenient place to be appointed from time to time by the Governor or in his absence by the Deputy of the said Governor for the time being. And that they being so assembled it shall and may be lawful to and for the said Governor or Deputy of the said Governor and the said Company for the time being or the greater part of them which then shall happen to be present whereof the Governor of the said Company or his Deputy for the time being to be one to elect and nominate one of the said Company which shall be Governor of the same Company for one whole year then next following which person being so elected and nominated to be Governor of the said Company as is aforesaid before he be admitted to the Execution of the said Office shall take a Corporal Oath before the last Governor being his Predecessor or his Deputy and any three or more of the Committee of the said Company for the time being that he shall from time to time well and truly execute the Office of Governor of the said Company in all things concerning the same and that Immediately after the same Oath so taken he shall and may execute and use the said Office of Governor of the said Company for one whole year from thence next following and in like sort We will and grant that as well every one of the above named to be of the said Company or fellowship as all other hereafter to be admitted or free of the said Company shall take a Corporal Oath before the Governor of the said Company or his Deputy for the time being to such effect as by the said Governor and Company or the greater part of them in any public Court to be held for the said Company shall be in reasonable and legal manner set down and devised before they shall be allowed or admitted to Trade or traffic as a freeman of the said Company.
AND FURTHER WE WILL and grant by these presents for us our Heirs and Successors unto the said Governor and Company and their successors that the said Governor or Deputy Governor and the rest of the said company and their successors for the time being or the greater part of them whereof the Governor or the Deputy Governor from time to time to be one shall and may from time to time and at all times hereafter have power and authority yearly and every year between the first and last day of November to assemble and meet together in some convenient place from time to time to be appointed by the said Governor of the said Company or in his absence by his Deputy and that they being so assembled it shall and may be lawful to and for the said Governor or his Deputy and the Company for the time being or the greater part of them which then shall happen to be present whereof the Governor of the said Company or his Deputy for the time being to be one to elect and nominate seven of the said Company which shall be a Committee of the said Company for one whole year from thence next ensuing which persons being so elected and nominated to be a Committee of the said Company as aforesaid before they be admitted to the execution of their Office shall take a Corporal Oath before the Governor or his Deputy and any three or more of the said Committee of the said Company being their last Predecessors and that they and every of them shall well and faithfully perform their said Office of Committees in all things concerning the same. And that immediately after the said Oath so taken they shall and may execute and sue their said Office of Committees of the said Company for one whole year from thence next following.
AND MOREOVER Our will and pleasure is And by these presents for us our Heirs and Successors WE DO GRANT unto the said Governor and Company and their successors that when and as often as it shall happen the Governor or Deputy Governor of the said Company for the time being at any time within one year after that he shall be nominated elected and sworn to the Office of the Governor of the said Company as is aforesaid to die or to be removed from the said Office which Governor or Deputy Governor not demeaning himself well in his said Office WE WILL to be removable at the Pleasure of the rest of the said Company or the greater part of them which shall be present at their public assemblies commonly called their General Courts holden for the said Company that then and so often it shall and may be lawful to and for the Residue of the said Company for the time being or the greater part of them within convenient time after the death or removing of any such Governor or Deputy Governor to assemble themselves in such convenient place as they shall think fit for the election of the Governor or Deputy Governor of the said Company and that the said Company or the greater part of them being then and there present shall and may then and there before their departure from the said place elect and nominate one other of the said Company to be Governor or Deputy Governor for the said Company in the place and stead of him that so died or was removed which person being so elected and nominated to the Office of Governor of Deputy Governor of the said Company shall have and exercise the said Office for and during the residue of the said year taking first a Corporal Oath as is aforesaid for the due execution thereof. And this to be done from time to time so often as the case shall so require.
AND ALSO Our Will and Pleasure is and by these presents for us our Heirs and Successors WE DO grant unto the said Governor and Company that when and as often as it shall happen any person or persons of the Committee of the said Company for the time being at any time within one year next after that they or any of them shall be nominated elected and sworn to the Office of Committee of the said Company as is aforesaid to die or to be removed from the said Office which Committees not demeaning themselves well in their said Office, We will to be removable at the pleasure of the said Governor and Company or the greater part of them whereof the Governor of the said Company for the time being or his Deputy to be one that then and so often it shall and may be lawful to and for the said Governor and the rest of the Company for the time being or the greater part of them whereof the Governor for the time being or his Deputy to be one within convenient time after the death or removing of any of the said Committee to assemble themselves in such convenient place as is or shall be usual and accustomed for the election of the Governor of the said Company or where else the Governor of the said Company for the time being or his Deputy shall appoint And that the said Governor and Company or the greater part of them whereof the Governor for the time being or his Deputy to be one being then and there present shall and may then and there before their Departure from the said place elect and nominate one or more of the said Company to be of the Committee of the said Company in the place and stead of him or them that so died or were or was so removed which person or persons so elected and nominated to the Office of Committee of the said Company shall have and exercise the said Office for and during the residue of the said year taking first a Corporal Oath as is aforesaid for the due execution thereof and this to be done from time to time so often as the case shall require. And to the end the said Governor and Company of Adventurers of England Trading into Hudson's Bay may be encouraged to undertake and effectually to prosecute the said design of our more special grace certain knowledge and mere Motion WE HAVE given granted and confirmed And by these presents for us our Heirs and Successors DO give grant and confirm unto the said Governor and Company and their successors the sole Trade and Commerce of all those Seas, Straits, Bays, Rivers, Lakes, Creeks and in whatsoever Latitude they shall be that lie within the entrance of the Straits commonly called Hudson's Straits together with all the Lands and Territories upon the Countries Coasts and confines of the Seas, Bays, Lakes, Rivers, Creeks and aforesaid that are not already actually possessed by or granted to any of our Subjects or possessed by the Subjects of any other Christian Prince or State with the Fishing of all Sorts of Fish 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 Coasts with the Limits aforesaid and all Mines Royal as well discovered as not discovered of Gold, Silver, Gems, and precious Stones to be found or discovered within the Territories Limits and Places aforesaid. And that the said Land be from henceforth reckoned and reputed as one of our Plantations or Colonies in America called Rupert's Land.
AND FURTHER WE DO by these presents for us our Heirs and Successors make create and constitute the said Governor and Company for the time being and their successors the true and absolute Lords and Proprietors of the same Territory limits and places aforesaid And of all other the premises SAVING ALWAYS the faith Allegiance and Sovereign Dominion due to us our Heirs and Successors for the same TO HAVE HOLD possess and enjoy the said Territory limits and places and all and singular other the premises hereby granted as aforesaid with their and every of their Rights, Members, Jurisdictions, Prerogatives, Royalties, and Appurtenances whatsoever to them the said Governor and Company and their Successors forever TO BE HOLDEN of us our Heirs and Successors as of our Manor of East Greenwich in our Country of Kent in free and common Socage and not in Capite or by Knights Service YIELDING AND PAYING yearly to us our Heirs and Successors for the same two Elks and two Black beavers whensoever and as often as We our Heirs and Successors shall happen to enter into the said Countries, Territories, and Regions hereby granted.
AND FURTHER our will and pleasure is And by these presents for us our Heirs and Successors WE DO grant unto the said Governor and Company and to their successors that it shall and may be lawful to and for the said Governor and Company and their successors from time to time to assemble themselves for or about any the matters causes affairs or businesses of the said Trade in any place or places for the same convenient within our Dominions or elsewhere and there to hold Court for the said Company and the affairs thereof. And that, also, it shall and may be lawful to and for them and the greater part of them being so assembled and that shall then and there be present in any such place or places whereof the Governor or his Deputy for the time being to be one to make ordain and constitute such and so many reasonable Laws, Constitutions, Orders, and Ordinances as to them or the greater part of them being then and there present shall seem necessary and convenient for the good Government of the said Company and of all Governors of Colonies, Fortes, and Plantations' Factors, Masters, Mariners, and other Officers employed or to be employed in any of the Territories and Lands aforesaid and in any of their Voyages and for the better advancement and continuance of the said Trade or Traffic and Plantations and the same Laws, Constitutions, Orders, and Ordinances so made to put in use and execute accordingly and at their pleasure to revoke and alter the same or any of them as the occasion shall require. And that the said Governor and Company so often as they shall make ordain or establish any such Laws, Constitutions, Orders, and Ordinances in such form as aforesaid shall and may lawfully impose ordain limit and provide such pains penalties and punishments upon all Offenders contrary to such Laws, Constitutions, Orders, and Ordinances or any of them as to the said Governor and Company for the time being or the greater part of them then and there being present the said Governor or his Deputy being always one shall seem necessary requisite or convenient for the observation of the same Laws, Constitutions, Orders, and Ordinances. And the same Fines and Amerciaments shall and may by their Officers and Servants from time to time to be appointed for that purpose levy take and have to the use of the said Governor and Company and their successors without the impediment of us our Heirs or Successors or of any the Officers or Ministers of us our Heirs or Successors and without any account, therefore, to us our Heirs or Successors to be made All and singular which Laws, Constitutions, Orders, and Ordinances so as aforesaid to be made. WE WILL to be duly observed and kept under the pains and penalties therein to be contained so always as the said Laws Constitutions Orders and Ordinances Fines and Amerciaments be reasonable and not contrary or repugnant but as near as may be agreeable to the Laws Statutes or of this our Realm.
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