« PreviousContinue »
of the proprietors' courts, the twelve assistants belonging to the said courts respectively shall have liberty to be present, but shall not interpose, unless their opinions be required, nor have any vote at all; but their business shall be, by the direction of the respective courts, to prepare such business as shall be committed to them; as also to bear such offices, and despatch such affairs, either where the court is kept, or elsewhere, as the court shall think fit.
XLIX. In all the proprietors' courts, the proprietor, and any three of his counsellors, shall make a quorum; provided always, that for the better despatch of business, it shall be in the power of the palatine's court to direct what sort of causes shall be heard and determined by a quorum of any three.
L. The grand council shall consist of the palatine and seven proprietors, and the forty-two counsellors of the several proprietors' courts, who shall have power to determine any controversies that may arise between any of the proprietors' courts about their respective jurisdictions, or between the members of the same court about their manner and methods of proceeding; to make peace and war, leagues, treaties, &c. with any of the neighbour Indians; to issue out their general orders to the constable's and admiral's courts, for the raising, disposing, or disbanding the forces, by land or by sea.
LI. The grand council shall prepare all matters to be proposed in parliament. Nor shall any matter whatsoever be proposed in parliament, but what hath first passed the grand council; which, after having been read three several days in the parliament, shall by majority of votes be passed or rejected.
LII. The grand council shall always be judges of all causes and appeals that concern the palatine, or any of the lords proprietors, or any counsellor of any proprietor's court, in any cause, which otherwise should have been tried in the court in which the said counsellor is judge himself.
LIII. The grand council, by their warrants to the treasurer's court, shall dispose of all the money given by
the parliament, and by them directed to any particular public use.
LIV. The quorum of the grand council shall be thirteen, whereof a proprietor, or his deputy, shall be always one.
LV. The grand council shall meet the first Tuesday in every month, and as much oftener as either they shall think fit, or they shall be convocated by the chamberlain's court.
LVI. The palatine, or any of the lords proprietors, shall have power, under hand and seal, to be registered in the grand council, to make a deputy, who shall have the same power, to all intents and purposes, as he himself who deputes him; except in confirming acts of parliament, as in $LXXVI., and except also in nominating and choosing landgraves and cassiques, as in $ X. All such deputations shall cease and determine at the end of four years, and at any time shall be revocable at the pleasure of the deputator.
LVII. No deputy of any proprietor shall have any power, whilst the deputator is in any part of Carolina, except the proprietor, whose deputy he is, be a minor.
LVIII. During the minority of any proprietor, his guardian shall have power to constitute and appoint his deputy.
LIX. The eldest of the lords proprietors, who shall be personally in Carolina, shall of course be the palatine's deputy, and if no proprietor be in Carolina, he shall choose his deputy out of the heirs-apparent of any of the proprietors, if any such be there; and if there be no heir-apparent of any of the lords proprietors above one-and-twenty years old, in Carolina, then he shall choose for deputy any one of the landgraves of the grand council: till he have, by deputation, under hand and seal, chosen any one of the fore-mentioned heirs apparent, or landgraves, to be his deputy, the eldest man of the landgraves, and for want of a landgrave, the eldest man of the cassiques, who shall be personally in Carolina, shall of course be his deputy.
LX. Each proprietor's deputy shall be always one of his own six counsellors respectively; and in case any
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. · LXI. 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 inhabitant of 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 a-piece freehold within the precinct for which they serve respectively. These five shall be chosen and commissioned from time to time by the palatine's court.
LXII. For any personal causes exceeding the value of two hundred pounds sterling, or in title of land, or in any criminal cause: either party, upon paying twenty pounds sterling to the lords proprietors' use, shall have liberty of appeal from the county-court unto the respective proprietor's court.
LXIII. 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 punishable 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 proprietors' use, shall have liberty of appeal to the county-court.
LXIV. No cause shall be twice tried in any one court, upon any reason or pretence whatsoever.
LXV. 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 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 proprietor's court. .
LXVI. The grand jury at the several assizes shall, 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 think necessary for the public good of the country; which presentments 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 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.
LXVII. 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 October; in the county-court, the first Monday in February, May, August, and November; and in the proprietors' courts, the first Monday in March, June, September, and December.
LXVIII. In the precinct-court no man shall be a juryman under fifty acres of freehold. In the countycourt, 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 freehold. In the proprietors' courts no man shall be a juryman under five hundred acres of freehold.
LXIX. 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.
LXX. 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 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 receive, nor directly, nor indirectly, bargained with the party whose cause he is going to plead, for money or any other reward, for pleading his cause.
LXXI. There shall be a parliament, consisting of the proprietors, or their deputies, the landgraves and cassiques, 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.
LXXII. 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.
LXXIII. 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.
LXXIV. At the opening ofevery 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 hath that session subscribed these Fundamental Constitutions, in a book kept for that purpose by the clerk of the parliament.
LXXV. In order to the due election of members for the 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