TROTT'S INTRODUCTION This said two Charters are exemplified, and placed immediately after the Introduction. His said Majesty King Charles the second, having by his said royal Charter, granted unto the said Lords Proprietors the said Province of Carolina, the said Lords Proprietors did agree upon Fundamental Constitutions for the better Government of the said Province, contained in eighty-one articles, bearing date July twenty-first, 1669, and signed, 66 66 66 The Preamble to the said Constitutions is as follows “Our sovereign Lord the King, having out of his Royal Grace and "Bounty, granted unto us, George, Duke of Albemarle, Captain General of all his Majesty's forces, Edward, Earl of Clarendon, William, Earl of "Craven, John Lord Berkley, Anthony Lord Ashley, Chancellor of the Exchequer, Sir George Carterett, Vice Chamberlain of his Majesty's house“hold, Sir Peter Colleton, Baronet, and Sir William Berkley, Knight, the "Province of Carolina, with all the Royalties, Properties, Jurisdic“tions and Priviliges of a County Palatine, as large and ample as the County Palatine of Durham; for the better settlement of the Government "of the said place, and establishing the interest of the Proprietors, with equality and without confusion, and that the government of this Province may be made most agreeable to the Monarchy under which we live, and "of which this Province is a part, and that we may avoid the erecting a numerous democracy; WE, George, Duke of Albemarle, Edward, Earl "of Clarendon, William, Earl of Craven, John Lord Berkley, Anthony Lord "Ashley, Sir George Carterett, Sir Peter Colleton, and Sir William Berkley, "the true and absolute Lords and Proprietors of the Province aforesaid, "have agreed to this following form of Government, to be perpetually "established among us, unto which we do oblige ourselves and our heirs, "in the most binding way that can be devised." 66 66 In a few months afterwards, the said Lords Proprietors agreed upon the SECOND fundamental Constitutions of Carolina, contained in one hundred and twenty Articles, bearing date the first day of March 1669-1670, and signed and sealed, ALBEMARLE CRAVEN ASHLEY CORNBURY JO. BERKLEY G. CARTERET P. COLLETON The THIRD Fundamental Constitutions of Carolina, containing one hundred and twenty articles, dated the twelfth day of January 1681-2, and were signed and sealed CRAVEN, Palatine. ALBEMARLE BATH, for the P. COLLETON JOHN ARCHDALE for THOS. ARCHDALE. The FOURTH Fundamental Constitutions of Carolina contained one hundred and twenty-one articles. But my copy of the said fourth Constitutions being imperfect, I can neither give the date of the said Constitutions, nor the names of the persons that signed the same. The FIFTH and last Fundamental Constitutions of Carolina, consisting of, forty-one articles, bearing date the eleventh day of April, 1698, were signed and sealed, TROTT'S INTRODUCTION BATH, Palatine. BATH, for the THO. AMY. WM. THORNBURGH for The Preamble to the fifth and last fundamental Constitutions of Carolina, is as follows 66 64 66 "Our late Sovereign Lord King Charles the second, having out of his royal grace and bounty, granted to us the Province of Carolina, with "all the Royalties, Proprieties, Jurisdictions and Privileges of a County Palatine, as large and ample as the County Palatine of Durham, with other great privileges; for the better settlement of the Government of the said place, and establishing the interests of the Lord Proprietors, with equality and without confusion, and that the Government may be most agreeable to the Monarchy under which we live, and of which this Pro"vince is a part, and that we may avoid erecting a numerous democracy; WE, the Lords Proprietors of the Province aforesaid, with the advice and consent of the Landgraves and Caseques and Commons, in this present Parliament assembled, have agreed to this following form of Government, "to be perpetually established amongst us, unto which we do oblige ourselves, our heirs and successors, in the most binding way that can be devised." These several Fundamental Constitutions of Carolina above mentioned, were drawn up and agreed upon by the then Lords Proprietors, as a scheme or modell of Government, with design to be proposed to the people of Carolina, for their consent, and so to pass into à Fundamental unalterable Law. But the people by their Representatives in assembly never giving their consent to any of the above mentioned Constitutions, no one of them ever obtained the force of a Law in South-Carolina, and therefore are not inserted here in this (Trott's) collection of the Laws of the said Province. How far they may be binding to the Lords Proprietors, amongst themselves, I shall not take upon me to determine. 66 The first person that by the Lords Proprietors was constituted Governour of the Province of South-Carolina, was Col. WILLIAM SAYLE. A copy of his commission I have by me, bearing date July 26, 1669. It is in the name of George, Duke of Albemarle, Edward, Earl of Clarendon, William, Earl of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir Peter Colleton, and Sir William Berkley, and directed "To our trusty and well beloved, Col. William Sayle, Governour of all that Territory, or part of the Province of Carolina that lies southward and westward of Cape Carteret, and to our trusty and well beloved, our Counsellors and assistants to our said Governour." To this commission there was added Instructions, consisting of fourteen articles. The Palatine and the rest of the Lords Proprietors sent over further instructions, which they styled "Temporary Laws, Commissions and instructions from the Palatine and the rest of the true and absolute Lords Proprietors of the Province of Carolina, to the Governour and Council of Ashley River in the said Province." These instructions consist of nineteen articles, and the model of the town, and bear date at Whitehall, May 1st, 1671. In the same book in which is contained several Transcripts of old records relating to Carolina, these follows, "Resolves agreed on by the Lord Proprietors, that till by a sufficient I number of inhabitants the Government of Carolina can be administred VOL. I.-3. TROTT'S INTRODUCTION according to the form established in the Fundamental Constitutions,”-consisting of seven articles, but without date. But the instructions that immediately follow in the same book are dated December tenth, 1671, consisting of four articles. So those resolves being placed between those temporary Laws or Instructions, May 1st, 1671, and the instructions dated the tenth of December following, it is very probable that those resolves were made in the same year, 1671. Then follows instructions from the Palatine and the rest of the true and absolute Lords and Proprietors of the Province of Carolina, dated June twentieth, 1672, consisting of six articles. In the Preamble to which is set forth as followeth; "Since the paucity of nobility and people will not permit the Fundamental Constitutions presently to be put into practice, it is necessary for "the supply of that defect, that some temporary laws should in the mean "time be made for the better ordering of affairs, till by a sufficient number of inhabitants of all degrees, the Government of Carolina can be admin"istred according to the form established in the Fundamental Constitutions; WE, the Lords Proprietors of Carolina, upon due consideration, "have agreed to these following;" 66 1st. The Palatine shall name the Governour, &c. then followsAGRARIAN LAWS, or Instructions from the Lords Proprietors to the Governour and Council of Carolina, containing twenty-three articles, the Preamble to which is as follows: 66 66 Since the whole foundation of Government is settled upon a right and "equal distribution of land, and the orderly taking of it up is of great moment to the wellfare of this Province; and although the regulation of "this, need not be perpetual; yet since all the concernment thereof will "not cease as soon as the Government comes to be administred according "to the forms established in the Fundamental Constitutions, that the whole "distribution and allotment of land may be with all fairness and equality, "and that the convenience of all degrees may be as much as is possible in "their due proportion provided for, We, the Lords Proprietors of Carolina, "have agreed on these following Temporary Agrarian Laws. "Before any river begin to be planted," &c. And the last article is as follows- XXIII. If the Governour and Council in Carolina, shall at any time hereafter represent to the Lords Proprietors, that any of the Agrarian "Laws for taking up and setting out of land, are inconvenient, the Lords "Proprietors reserve to themselves a power of altering the same." These Agrarian Laws, or instructions, are without date, but I suppose they might be sent with the Instructions immediately preceding, dated June 20th, 1672, and were of the same date. All these instructions or temporary laws, as they term them, I suppose were made and sent during the government of the said Col. William Sayle, Joseph West, Esq. (the first time of his being Governour) and Sir John Yeamans, Bart., the latest of them being dated June twentieth, 1672, and Sir John Yeamans was proclaimed in April, 1672. Col. William Sayle, the Governor, dying, he was succeded by. JOSEPH WEST, Esq. who was chosen Governor August 28th, 1671, being the first time of his being Governor. And he was succceded by Sir JOHN YEAMANS, Bart., whose commission was dated December 26th, 1671, and who was proclaimed Governor, April 19th, 1672; he died in August, 1674. INTRODUCTION I cannot find any acts of the General Assembly passed during the several TROTT'S Governments of the said Col. William Sayle, Joseph West, Esq. the first time of his being Governor, or Sir John Yeamans. At a Council held August 13th, 1674, Col. JOSEPH WEST was again chosen Governor, upon the death of Sir John Yeamans, being the second time of his being Governor, and continued Governor until September 26, 1682. All the acts of the General Assembly that I could find, passed during the second time of Col. West's being Governour, the titles of them are contained in this collection, from number 1 to 19, and are the most ancient acts of Assembly that I could find, upon a diligent search in the Records of the Secretary's office, and upon perusing some old books and transcripts of laws which I have, that contain laws more ancient than any in the Secretary's office. At a Council held September 26th, 1682, LANDGRAVE JOSEPH MORTON produced a commission from my Lord Craven to be Governour, and accordingly took his place as Governor, being the first time of his being Governor. I do not find any acts of General Assembly, passed in the first time of Landgrave Morton being Governor. On September 6th, 1684, JOSEPH WEST, Esq. signed a grant as Governor, being the third time of his being Governor. The acts of Assembly I could find passed during the third time of Col. West's being Governour, are in this collection, from number 20 to 25, inclusive. He was succeeded by Sir RICHARD KIRLE, Who in about six months after his arrival and taking upon him the Government, died; and I have been informed by some of the ancient inhabitants, that upon the death of Sir Richard Kirle, Col. ROBERT QUARRY was chosen Governor, but did not continue in the Government above two months. I cannot find any acts passed during the short Government of Sir Richard Kirle, or Col. Quarry. Col. Robert Quarry was succeeded in the Government by JOSEPH MORTON, Esq. being the second time of his being Governor, (1685) in whose time all the acts that I could find passed, the titles of them are contained in this collection, from number 26 to 30, inclusive. The succession of the Governors of the Province of South-Carolina, from the time of Joseph Morton, Esq. being Governor the second time, to the end of the time of passing the acts contained in this volume, the reader will see in the following collection of laws, viz: The honorable JAMES COLLETON, Esq. (1686) SETH SOTHWELL, Esq. (1690) PHILIP LUDWELL, Esq. (1692) JOHN ARCHDALE, Esq. (1696) of North Carolina, also THOMAS SMITH, Esq. (1693) JOSEPH BLAKE, Esq. (1695) the first time. JOSEPH BLAKE, Esq. (1696) the 2d time Governor. JAMES MOORE, Esq. (1700) } Carolina. Sir NATHANIEL JOHNSON,Knt.(1703) also of North Col. EDW'D. TYNTE, Esq. (1710) also of N. & S. Carolina. CHARLES CRAVEN, Esq. (1712) ROBERT JOHNSON, Esq. (1717) the first time. In the year 1719, in the time of the Government of the honorable Robert Johnson, Esq. aforesaid, the generality of the inhabitants of the Province of South-Carolina, being very much dissatisfied with being under the Govern TROTT'S ment of the Lords Proprietors, and thinking they should be better protected INTRODUCTION if they were immediately under the Government of the King; after having had several meetings and consultations in order thereunto, they at last publickly disowned the Lords Proprietors's Government. And there being a necessity at that time to issue out writts to call an Assembly, Upon the first meeting of the said Assembly they publickly declared in the presence of the Governor and his Council, that they would not treat with, or allow of any one that acted by commission or Authority from the Lords Proprietors, to whose government they were resolved they would no longer submit. They had that respect for the then Governor Johnson, that they offered to continue him in the Government, if he would administer the same in the name of the King, by vertue of such their electing or authorizing him so to do, without any regard to his commission from the Lords Proprietors, though confirmed therein by the King, pursuant to the act of Parliament in that behalf. But the Governor not thinking it safe or honourable to take upon him the Government by vertue of such an authority, he absolutely refused the same, and as far as he could, opposed them in their proceedings. Whereupon they made an offer of the Government to Col. JAMES MOORE, son to the former Governor Moore, who readily accepted of the offer, and thereupon took upon him the Government of the Province, and passed several laws, the titles of which are contained in this collection, from number 423 to 451. Accounts being sent home to England of this change of affairs in the Province of South Carolina, that the people had flung off the Government of the Lords Proprietors, and renounced any obedience to them or their Governor, and having appointed a Governor by their own authority: His late Majesty King George the first, was pleased to constitute and appoint by commission under the broad seal of England, FRANCIS NICHOLSON, Esq. to be provisional Governor of this Province, till the matter was decided between the King and the Lords Proprietors. Accordingly the said Francis Nicholson Esq. arriving in this Province the 21st day of May, 1721, he published his commission from the King, and took upon him the Government, and passed several laws or acts which are contained in the first part of this collection, from number 452 to 518, and in the second part containing Temporary Acts, from number 1 to 8. The said Governor Nicholson going home to England, the Government was administered by the honourable ARTHUR MIDDLETON, Esq. as President of the Council. During the time of his administering the Government as President, he passed several acts, which are contained in the first part of this collection, 'from number 519 to 542 inclusive, and in the second part containing the Temporary acts, from 9 to 11 inclusive. At last, in the second year of the reign of his present Majesty, (1729) seven of the Lords Proprietors of Carolina came to an agreement to surrender their title and interest in the Province of Carolina to his Majesty. Which agreement was confirmed by act of Parliament, passed in the second year of his Majesty's reign, entituled "an act for establishing an agreement with seven of the Lords Proprietors of Carolina, for their surrender of their title and interest in that Province to his Majesty." The copy of the said Act of Parliament is inserted in this collection, as being proper to be known by the inhabitants of this Province, and is placed immediately after the last laws passed by Arthur Middleton, Esq. No. 542. |