9

The Fundamental Constitutions of Carolina.

{[Likely in Locke's handwriting] This to be left wholy out}§.40. ³⁹ In time of actual War, the Constable whil'st he is in the Army,
shall be General of the Army, ^{[Locke's handwriting] except the Pallatine be there in person or his deputy who the when present shall be as in §33} and the six Councellors, or such of them
as the Palatine's Court shall for that time or Service appoint, shall
be the immediate great Officers underim, and the ^{Masters of ye Ordiannce} Lieutenant-Ge-
nerals next to them. ^{or such as ye Grand Councill shall appointe.}

§.41. ⁴⁰ The Admiral's Court, consisting of one of the Proprietors and his
six Councellors 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 publick Shipping of Carolina, and Stores thereunto be-
longing, and all Maritime Affairs. This Court also shall have the
Power of the Court of Admiralty; and shall power to Constitute
Judges in Port-Towns, to Try Cases belonging to Law-Merchant, as
shall be most convenient for Trade. The twelve Assistants belong-
ing to this Court shall be called Proconsuls.

{[Locke's handwriting] Qu it has to be left out also}§. 42. In time of actual war, the Admiral whil'st he is at Sea, shall
Command in Chief, and his six Councellors, or such of them as the
Palatines Court shall for that time and Service appoint, shall be the im-
mediate great Officers under him, and the Proconsuls next to them.

§.43. ⁴¹ The Treasurer's Court, consisting of a Proprietor and his six Coun-
cellors, called Under-Treasurers, shall take care of all Matters that
concern the Publick Revenue and Treasury. The twelve Assistants
shall be called Auditors.

§.44. ⁴² The High Steward's Court, consisting of a Proprietor and his six
Councellors, called Comptrollers, shall have the care of all Foreign and
Domestick Trade, Manufactures, publick Buildings, Workshouses, High-
wayes, Passages by Water above the Flood of the Tide, Drains, Sew-
ers and Banks against Inundations, Bridges, Post, Carriers, Fairs, Markets,
Corruption or Infection of the common Air or Water, and all things
in order to the publick Commerce and Health; also Setting out and
Surveying of Lands; and also Setting out and appointing Places for
Towns to be built on in the Precincts, and the prescribing and de-
termining 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. This Court shall have power also to make any publick
Building, or any new High-way, or enlarge any old High-way, upon
any Man's Land whatsoever, as also to make Cutts, Channels, Banks,
Locks, and Bridges, for making Rivers Navigable, or for Draining
Fens, or any other publick Use. The Damage the Owner of such