« ZurückWeiter »
Locke's 118th. Whatsoever alien shall in this form, before any precinct Register, ConstitUTION
subscribe these fundamental constitutions, shall be thereby naturalized.
119th. In the same manner shall every person, at his admittance into any office, subscribe these fundamental constitutions.
120th. These fundamental constitutions, in number a hundred and twenty, and every part thereof, shall be and remain, the sacred and unalterable form and rule of government of Carolina forever. Witness our hands and seals, the first day of March, 1669.
RULES OF PRECEDENCY.
1st. The Lords Proprietors ; the eldest in age first, and so in order.
and so in order.
the grand council first, and so in order. 4th. The Casiques of the grand council; he that hath been longest of
the grand council first, and so in order, 5th. The seven Commoners of the grand council, that have been longest
of the grand council ; he that hath been longest of the grand coun
cil first, and so in order. 6th. The younger sons of the Proprietors; the eldest first, and so in order. 7th. The Landgraves; the eldesi in age first, and so in order. 8th. The seven Commoners, who next to those before mentioned have
been longest of the grand council; he that hath been longest of
the grand council first, and so in order. 9th. The Casiques; the eldest in age first, and so in order. 10th. The seven remaining Commoners of the grand council; he that
hath been longest of the grand council first, and so in order. 11th. The male line of the Proprietors.
The rest shall be determined by the Chamberlain's Court.
For REMOVING AND PREVENTING ALL QUESTIONS AND DISPUTES CONCERNING
THE ASSEMBLING AND SITTING OF THIS PRESENT ASSEMBLY OF THE Ser. TLEMENT IN South CAROLINA.—(No. 423 Trott; the original Act not numbered.)
For preventing all doubts and scruples which may in any wise arise, concerning the meeting, sitting and proceeding, of this present Assembly, BE IT DECLARED AND ENACTED, by the Honourable James Moore, Esq., Governour, by and with the advice and consent of the Councill and Representatives of the inhabitants of the said settlement, now assembled at Charlestown, and by the authority of the same,
That the representatives of the said settlement convened at Charlestown the seventeenth day of December, Anno Domini one thousand seven hundred and nineteen, and there sitting together with the Councill, on the twenty-first day following of the same month, are the two houses of Assembly of the said settlement, and so shall be, and are hereby declared, enacted and adjudged to be, to all intents, constructions and purposes whatsoever, notwithstanding any want of writ or writs of summons, or any other defect of form or default whatsoever, as if they had been summoned according to usuall form. And that this present Act, and all other Acts to which the assent of the present Governour, the Hon. James Moore, Esq., shall at any time be given before the next prorogation after the said twenty-first day of December, shall be understood, taken and adjudged in law, to begin and commence upon the said twenty-first day of December, on which day the said James Moore, Esq., at the request and by the advice of the said Councill and Representatives, did on the behalf and in the name of his Majestye King George, accept of the government of the said settlement.
I do on his Majestye's behalfe, assent to this Act, this 230 December,
Anno Domini 1719.
FOR SUPPORTING THE PRESENT GOVERNMENT UNDER THE ADMINISTRATION
OF THE HONOURABLE JAMES MOORE, Esq., THE PRESENT GOVERNOUR OF
WHEREAS, by reason of the ILL-GOVERNMENT and MALE ADMINISTRATION of the Proprietors of this Settlement and their Officers, more at large sett forth in a general representation of the grievances of the inhabitants, to his most sacred Majestie King George, and to the Parliament of Great Britain, and by reason of the inability and incapacity of the said Proprietors to protect or defend this colony from the continual massacres and insults of our enemy Indians, or the invasions of foreign enemies; they the said inhabitants have been driven to so great extremities, that no ordinary means could be, were or can be sufficient to extricate themselves from the evils aforesaid :
WHEREFORE the said inhabitants, taking into their consideration their calamitous circumstances, and for the preservation of their lives and estates, according to the supreme law of Nature ; and the duty they owe unto their said sovereign Lord the King, to prevent the desertion of the people, and to save so noble a colony from falling into the hands of his Majestie's enemies, did, with one heart and voice, renounce the said Proprietors, and every of them, their heirs and successors, and did unanimously elect the Honourable James Moore, Esq. to be Governour of this settlement, for and on his Majestie's behalfe.
AND WHEREAS the said James Moore, as Governour, and for the due and regular Government of the said settlement, and the Preservation of his Majestie’s peace, and the better to oppose and withstand our said enemies, did constitute and appoint divers officers, both civil and military, until his Majestie's pleasure should be known in this behalfe.
We therefore humbly pray his most sacred Majestie, that it may be enacted, AND BE IT THEREFORE ENACTED, by the said Honourable James Moore, Esq. Governour for and in his Majestie's name, and by and with the advice and consent of the representatives of the said inhabitants of the said settlement, now met at Charlestown, that as well he the said James Moore, Governour, as also all persons aiding in this present General Assembly, and other officers and ministers, civil and military, whatsoever, created or to be created by him, the said James Moore, and acting under his authority, or made, created, or continued by a General Convention of the said inhabitants, or made, created or continued by the present General Assembly, or by the now Commons House of Assembly, by force or virtue of any law or custom of this province, at any time in force before the said late revolution of this settlement, Be, and are hereby confirmed in their respective offices, and so shall continue and be untill his Majestie shall see fitt to remove or displace the same, unless the said James Moore, Governour, or any other succeeding Governour, shall see cause in the mean . time to remove any of them, pursuant to any power invested in the said James Moore, or the succeeding Governour, in that behalf.
And be it further enacted by the authority aforesaid, in regard of the exigency of the said affairs, That all acts and proceedings whatsoever, had and to be had, and done by the said Convention, Governour and Assembly,
or by any officers, persons, and Ministers whatsoever, deriving any authority under them, shall and are hereby declared to be good, valid and effectual in the law, to all intents and purposes whatsoever, as if they and every of them had been sufficiently authorized thereunto, unless his most sacred Majestie, or the Parliament of Great Britain, or the General Assembly of this settlement for the time being, do and shall expressly repeal, revoke, or annull the same: And all parties concerned in the said late Revolution in this settlement or in the said Government of affairs as aforesaid, shall be and are hereby justified and indemnified.
And Be it further enacted by the authority aforesaid, That all actions, prosecutions and suits, hereafter to be had, commenced or brought against any of the officers, ministers or persons aforesaid, on account of the premises, without especial and express leave given by his said Majestie in that behalf, shall and are hereby deemed null and void; And moreover, also, that all and every person sued or prosecuted on account of the premises, may plead the General Issue, and give this Act and the special matter, in evidence: And if the plaintiff shall become non-suited, or forbear further prosecution, or suffer discontinuance, or a verdict pass against him, the said defendant shall recover his double costs, for which he shall have the like remedy as in case where costs by law are given to defendant.
Assented to, the 17th June, 1720.
ANNO SECUNDO GEORGII II. REGIS.
Ch. 34. ANNO DOMINI 1729.
FOR ESTABLISHING AN AGREEMENT WITH SEVEN OF THE LORDS PROPRIE
TORS OF CAROLINA, FOR THE SURRENDER OF THEIR TITLE AND INTEREST
Whereas his late Majesty King Charles the second, by his letters patent reciting the first under the great seal of Great Britain, bearing date at Westminster, in the Patent. fifteenth year of his reign, did grant and confirm unto Edward, then Earl of
Clarendon, George, then Duke of Albemarle, William, then Lord Craven, John, then Lord Berkley, Anthony, then Lord Ashley, Sir George Carteret, Knight and Baronet, Sir William Berkley, and Sir John Colleton, Knt. and Baronet, all since deceased, their heirs and assigns, all that Territory or tract of ground, situate, lying and being within his said late Majesty's dominions in America, extending from the North end of the island called Luckar island, which lieth in the Southern Virginia seas, and within six and thirty degrees of the Northern latitude, and to the West as far as the South seas, and so southerly as far as the river St. Matthias, which bordereth upon the Coast of Florida, and within one and thirty degrees of Northern latitude, and so West in a direct line as far as the South seas aforesaid, together with all and singular ports, harbours, bays, rivers, isles and islets, belonging unto the country aforesaid, and also all the soil, lands, fields, woods, mountains, farms, lakes, rivers, bays and islets, situate, or being within the bounds or limits aforesaid, with the fishing of all sorts of fish, whales and sturgeons, and all other royal fishes, in the seas, bays, islets and rivers within the premises, and the fish therein taken, and moreover all veins, mines, quarries, as well discovered as not discovered, of gold, silver, gems and precious stones, and all other whatsoever, whether of stones, metals or any other thing whatsoever, found or to be found, within the country, isles, and limits aforesaid, and also the patronages and advowsons of all churches and chappels, which as Christian religion should increase within the country, isles, islets and limits aforesaid, should happen thenafterto be erected, together with license and power to build and found churches, chappels and oratories, in convenient and fit places, within the said bounds and limits, and to cause them to be dedicated and consecrated, according to the Ecclesiastical laws of the Kingdom of England, together with all and singular the like and so ample rights, jurisdictions, priviledges, royalties, prerogatives, liberties, immunities and franchises of what kind soever, within the country, isles, and limits aforesaid, to have, use, exercise, and enjoy, and in as ample manner as any Bishop of Durham in the Kingdom of England, ever thentofore had, held, used or enjoyed, or of right ought or could have, use or enjoy; and his said late Majesty did thereby for himself, his heirs and successors, make, create, and constitute the said Edward, Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, the true and absolute Lords and Proprietors of the