And In Case It Shall Happen, That Any Doubts Or Questions Should Arise
Concerning The True Sense And Understanding Of
Any Word, Clause, or Sentence,
contained in this Our present Charter, We Will, Ordain, and Command,
that at all Times,
And in all Things, such Interpretations be made thereof,
and allow'd in all and every of Our Courts whatsoever,
as Lawfully may be Adjudged most Advantageous and Favourable
to the said Edward Earl of Clarendon, George Duke of Albemarle,
William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley,
Sir George Carterett, Sir John Colleton, and Sir William Berkeley,
their Heirs and Assigns, although Express Mention, &c.
Witness our Self at Westminster, the Thirtieth Day of June,
in the Seventeenth Year of our Reign.
Per Ipsum Regem.
An
ABSTRACT
of the
CONSTITUTION
of
CAROLINA.
As to the Government of Carolina, the Laws of England are there in Force;
yet the Lords-Proprietors, by their Deputies, have Power,
with the Consent of the Inhabitants, to make By-Laws for the better Government
of the said Province; so that no Law can be made, or Money rais'd,
unless the Inhabitants, or their Representatives, consent thereto:
One Law which they have in South-Carolina deserves particular Mention,
which is, their Method of chusing Juries, it being done by making
a considerable Number of Paper-Billets, on which are written
the Names of as many of the most substantial Freeholders.
These Billets are put into a Hat, out of which Twenty-four are chosen
by the next Child that appears. Then, out of those Twenty-four,
Twelve are chosen at the next Court, after the same manner;
which is an infallible way to prevent all Manner of Fraud.
North and South-Carolina Settlements are distant from one another
some hundreds of Miles; so that Necessity compels each Colony
to keep to themselves, a Governour, Council and Assembly.
The Governor represents the Lord-Palatine; the rest of the Counsellors
are the Lord-Deputies; who, of themselves, make a Palatines Court,
and a Court of Chancery; wherein they pass several Orders of Council,
much of the Nature of the Prince's Proclamation; which continues
no longer in Force, than the next Assembly. Likewise, they grant
several sorts of Commissions, Warrants, &c. yet Military Commissions
lie wholly in the Governor's Power; but Making of War or Peace, in all,
or the Majority of the Lords-Deputies; by whom (the Governor being one)
it is determin'd, and by whose Commissions all other Magistrates act.
On these Heads they have settled, and maintain an admirable
Constitution of Government, for the lasting Peace, Security, and Well-being
of all the Inhabitants. The way of any ones taking up his Land in Carolina,
due to him either by Purchasing it of the Lords Proprietors here in England,
who keep their Board at Craven-House in Drury-Lane, London,
the first Thursday in every Month; or if purchas'd in Carolina,
is after this manner: He first looks out for a Place to his Mind,
that is not already possess'd by any other; then applies himself
to the Governor and Lords Proprietors Deputies, and shews what Right he hath
to such a Tract of Land, either by Purchase of the Lords in England,
or by an Entry in the Surveyor-General's Office, in order
to purchase of the Governor and Lords Deputies there in Carolina,
who thereupon issue out their Warrant-Land as is due to him.
Who making Certificate, that he had measured out so much Land and the Bounds,
a Deed is prepared of Course, by the Secretary, which is sign'd
by the Governor and the Lords Proprietors Deputies, and the Proprietors Seal
affix'd to it, and register'd in the Secretaries Office,
which is a good Coveyance in Law of the Land therein mention'd,
to the Party and his Heirs for ever.
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