Fundamental Constitutions of Carolina (1681)

This page is blank

[the notes in this page are in modern pencil]

1678

[unclear] the date of the paper at the end is 1681

Manuscript partly in hand of John Locke JHP

*KC + 1682 Carolina [call number for New York Public Library]

Carolina Constitution.

1682 January 12, 1681/2

[Editor's note: [1] The publication and the marginalia in this document are from before this penciled date, since it is a printed version with marginalia for revisions meant to be signed on January 12, 1681/2 once all of the corrections are made (as is clear from the final pages). Marginalia on the side and in the interleafed folios was probably made in 1681, but no dates are given. The better date for the marginalia and the printing of this document is therefore 1681. [2] Some of the marginalia appears to be in the hand of John Locke, with comments mostly related to the appointment and removal of Palatine's deputies and about marriages. Such marginalia are indicated as probably by Locke, where they appear.]

The Fundamental Constitutions of CAROLINA

OUR SOVERAIGN LORD THE KING having out of his Royal Grace and Bounty, granted unto us the Province of Carolina, with all the Royalists, Properties, Jurisdictions, and Privileges 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 Governmet of this Province may be made most agreeabe to the Monarchy 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 Proprietors of the Province afroesaid, have agreed to this following Form of Government, to be perpetually established amongst us, unto whih we do Oblige our selves, our Heirs, Assignes and Successors, in the most binding ways that can be devised.

The eldest of the Lords Proprietors shall be Pallatine, and upon the decease of the Pallatine, the eldst of those who were Proprietors the first of March, One thousand six hundered sixty and Nine, shall succeed him. And when none of them are living he that hath been longest a Proprietor shall succeed; but after the Year One thousand seven hundred, {& the death of all &c who were Proprietors 1st of March 1669.} the eldest man of the ^then Lords Proprietors shall always be Pallatine.

There shall be seven other chief Offices erected, viz. The Admirals, Chamberlains, Chancellors, Constables, Chief Justices, High Stewads, and

The Fundamental Constitutions of Carolina.

Treasurers; which places shall be enjoyed by none but the Lords Proprietors; to be assigned at first by Lott, and upon the Vacancy of any one of the seven great Offices by death or otherwise, the eldest of those who were Proprietors the first of March One thousand six hundred sixty and Nine, shall have his choyce; and when none of them are living, he that hath been longest a Proprietor shall have his choyce: But after the Year One thousand seven hundred, if none of those that were Proprietors in the Year One thousand six hundred sixty and Nine, are then living, the eldest man of the then Lords Proprietors shall have his choyce.

§. 3. The whole Province shall be divided into Counties; each County shall consist of eight Signiories, eight Baronies, and four Precincts; each Precinct shall consist of six Colonies.

§. 4. Each Signiory, Barony, and Colony, shall consist of twelve thousand Acres, the eight Signiories being the Share of the eight Proprietors, and the eight Baronies of the Nobility, both which Shares being each of them one fifth part of the whole, are to be perpetually annexed, the one to the Proprietors, the other to the hereditary Nobility, leaving the Colonies, being three Fifths, amongst the People; that so in Set ting out, and Planting the Lands, the Ballance of the Government may be preserved.

§. 5. At any time before the Year One thousand seven hundred and one, any of the Lords Proprietors shall have powr to Relinquish, Alienate, and Dispose to any other Person, his Proprietorship, and all the Signiories, Powers, and Interest thereunto belonging, 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 Signiories and Priviledges thereunto belonging, or any part thereof, to any person whatsoever, otherwise than as in §.¹⁷ 18. but it shall all descend unto their Heirs Male; and for want of Heirs Male, it shall all descend on that Landgrave or Cassique 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, chuse 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.

§.6. That number of eight proprietors may be constantly kept; if upon the vacancy of any proprietorship, the seven surviving proprietors