Fundamental Constitutions of Carolina (1681)

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[Locke's handwriting, probably] § 93 (87) All marriages performed in Carolina shall bee owned by both the partys before the Register of the place where they were marryed who there upon shall register it with the names of the father & mother of each party & whoseover shall neglect to Register his maryage shall forfeit for every weeke it remains unregistred one shilling to the Register provided it bee not by the fault of the said Register that it is not Registred

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The Fundamental Constitutions of Carolina.

§. 86. The time of every ones Age that is born in Carolina, shall be reckoned from the Day that his Birth is Entred in the Registry, and not before.

§. 87. 2. { This [?] with a [?multt]} No Marriage, Celebrated in Carolina shall be lawful, whatever Contract and Ceremony they have used, till both the Parties mutually own it before the Register of the Place where they were Married, and he Register it, with the Names of the Father and Mother of each Party. {[Locke's handwriting, probably] Qu whether bee . Part of words cut off when book was bound] to [s?] for this [pa?] the power [o?] knavish [reg?] to destroy [fa?] }

94 §.88.§ 94 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 Registred in the respective Registry.

§.89. 95 He that doth not Enter in the respective Registry, the Birth or Death of any Person that is born or dies in his House or Ground, shall pay to the said Register one Shilling per Week for each such Neglect, reckoning from the time of each Birth or Death respectively, to the time of Registring it.

§.90. 96 In like manner the Births, Marriages, and Deaths of the Lords Proprietors, Landgraves, and Cassiques, shall be Registred in the Chamberlain's Court.

§.91. 97 There shall be in every Colony one Constable, to be chosen annually by the Freeholders of the Colony: His Estate shall be above a 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.

§.92. 98 It being of great consequence of the Plantation, that Port=Towns should be built and preserved; Therefore whosoever shall lade or unlade any Commodity at any other Place but a Port=Town, shall forfeit to the Lords proprietors for each Tun so laden or unladen, the Sum of ten Pounds Sterling, except only such Goods as the Palatine's Court shall Licence to be laden or unladen elsewhere

§.93. 99 The first Port-Town upon every River, shall be in a Colony, and be a Port=Town for ever.

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The Fundamental Constitutions of Carolina.

100 §.94. No Man shall be permitted to be a Freeman of Carolina, or to have any Estate or Habitation within it, that doth not acknowledge a GOD, and that GOD is publickly and solemnly to be Worshipped, and that there is a future Being after this Life, of Hap= piness or Misery.

101 §.95. As the Country comes to sufficiently Planted and Distributed into fit Divisions, it shall belong to the Parliament to take care for the building of Churches, and the publick Maintenance of Divines, to be employed in the Exercise of Religion, according to the Church of England, which being the Religion of the Government of England, it alone shall be allowed to receive publick Maintenance by Grant of Parliament. which fit publick maintenance is to arise out of Lands or Qu:

103 §.96. But since the Natives of that place, who will be concerned in our Plantation, are utterly Strangers to Christianity, whose Idolatry, Ignorance, or Mistake, gives us no right to expel, or use them ill; and those who remove from 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 which we profess; and also that Jews, Heathens, and other Dissenters from the purity of Christian Religion, may not be feared 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 perswasion, 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.

104 104 §.97. 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; which Book

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Rents Assigned, voluntary contributions or such otherwayes, whereby noe man shall be Chargeable to pay out of his Particular Estate that is not Conformable to ye Church as aforesaid. But [any?] Church or Congregation of Christians (not of ye Comunion of ye Church of Rome) shall have power to lay a taxe on its owne Members not exceeding a penny an acre on thier Lands & 12d per head [?] & And for ye maintenance of their publick Minister. And of all mony soe paid & disburs'd they shall keep an account which the Grand Councill or any authoriz'd by them shall have libertie from time to time to inspect.

§102 Noe ordain'd Minister or that receives any Maintenance as Minister of any Congregation or Church shall be Member of Parliament or have any Civill Office but wholly attend his Ministery.

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The Fundamental Constitutions of Carolina.

shall be kept by the publick Register of the Precinct where they reside.

§.98. 105 The Tune of every ones Subscription and Admittance, shall be Dated in the said Book or religious Record.

§.99. 106 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:

I. That there is a GOD.

II. That GOD is publickly to be Worshipped.

III. 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, or kissing the Bible, as in the Church of England, or by holding up the Hand, or any other sensible way.

§.100. 107 {Qu} 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 Honour, who is not a Member of some Church or Profession, having his Name Recorded in some one, and but one religious Record at once.

§.101. 108 No Person of any other Church or Profession shall disturb or molest any religious Assembly.

§.102. 109 No Person whatsoever shall speak any thing in their religious Assembly, irreverently or seditiously of the Government or Governours, or State-Matters.

§.103. 110 Any Person Subscribing the Terms of Communion in the Record of the said Church or Profession before the Precinct Register, and any five

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