The Lords-Proprietors of this Countrey, for the better Settlement of it according to their Patent granted unto them by His Majesty, and for the enlargement of the King’s Dominions in those parts of America, have been at great Charge to secure this so rich and advantageous a Countrey to the Crown of England, to whom of ancient Right, by the Discovery of Sir Sebastian Cabott in the time of Henry the Seventh, it doth belong, and for its Situation, Fertility, Neighborhood to our other Plantations and several other Conveniences, of too valuable consideration to be negligently lost: By the Care therefore and Endeavors of those Great Men, it hath now two considerable Colonies Planted in it, the one of Albemarle, on the North side, bordering on Virginia, where are some hundreds of English Families remov’d thither from New England, and some of our other Plantations in the West-Indies; and another towards the middle of the Countrey, at Charles-Town, or Ashley-River, a Settlement so hopeful, for the healthiness of the Land, and convenience of access by a large deep Navigable River, and so promising in its very Infancy, that many of the rich Inhabitants of Barbados and Bermudas, who are now crowded up in those flourishing Islands, and many in our other American Plantations, are turning their Eyes and Thoughts this way, and have already remov’d part of their Stock and Servants thither. Nor is it to be doubted, but that many, following the Example of those who went to Albemarle, will be drawn to this better Plantation at Ashley-River, from New-England, where the heat of their Zeal, and the coldness of the Air, doth not agree with every Man’s Constitution; and therefore it is to be thought, that many well temper’d Men, who are not much at ease under such Extreams, will be forward to remove hither.
Fair Terms propos’d to whomsoever shall remove thither.
The Lords-Proprietors, for the comfortable subsistence, and future enrichment of all those who shall this Year 1671. Transport themselves and Servants thither, allow every Man a hundred Acres per Head, for himself, his Wife, Children and Servants, he carries thither, to him and his Heirs for ever, paying onely one Peny an Acre, as a Chief-Rent; which Peny an Acre is not to be paid these nineteen years; and those Servants who go along thither with their Masters, shall each also have a hundred Acres upon the same Terms, when he is out of his Time. But though these Conditions are very advantageous, and the Countrey promises to the Planter Health, Plenty and Riches at a cheap Rate, yet there is one thing that makes this Plantation more valuable than all these, and that is the secure possession of all these things with as great certainty as the state of humane Affairs, and the transient things of this Life are capable of, in a well continu’d Form of Government, wherein it is made every Man’s Interest to preserve the Rights of his Neighbor with his own; and those who have the greatest Power, have it limited to the Service of the Countrey, the Good and Welfare whereof whilest they preserve and promote, they cannot miss of their own, the Lords Proprietors having no other aim, than to be the greatest Men in a Countrey where every one may be happy if it be not his own fault, it being almost as uncomfortable, and much more unsafe, to be Lord over, than Companion of a miserable, unhappy, and discontented Society of Men.
With this Design the Lords-Proprietors, who are at great Charge for carrying on this Plantation, have put the framing of a Government into the Hands of one, whose Parts and Experience in Affairs of State are universally agreed on, and who is by all Men allow’d to know what is convenient for the right ordering Men in Society, and setling a Government upon such Foundations, as may be equal, safe, and lasting; and to this hath a Soul large enough to wish well to Mankind, and to desire, that all the People where he hath to do might be happy. My Lord Ashley therefore, by the consent of his Brethren, the rest of the Lords Proprietors, hath drawn up, to their general satisfaction, some fundamental Constitutions, which are since, by their joynt approbation, confirm’d to be the Model and Form of Government in the Province of Carolina; the main Design and Ballance thereof (according to the best of my memory, having had a Copy thereof) in short is as followeth:
The Model drawn up by the Lord Ashley for the Government of Carolina.
1. Every County is to consist of forty square Plots, each containing twelve thousand Acres. Of these square Plots each of the Proprietors is to have one, which is to be call’d a Signiory. Eight of these square Plots are to be divided amongst the three Noble-men of that County, viz. a Landgrave, who is to have four of them; and two Casiques, who are to have each of them two apiece; and these square Plots belonging to the Nobility, are to be call’d Baronies. The other twenty four square Plots, call’d Colonies, are to be the Possession of the People: And this Method is to be observ’d in the Planting and Setting out of the whole Countrey; so that one Fifth of the Land is to be in the Proprietors, one Fifth in the Nobility, and three Fifths in the People.
2. The Signories and Baronies, that is, the hereditary Lands belonging to the Proprietors and Nobility, are all entirely to descend to their Heirs, with the Dignity, without power of alienation, more than for three Lives, or one and twenty years, or two Thirds of their Signiories and Baronies, and the rest to be Demesne.
3. There will be also some Mannors in the Colonies, but none less than three thousand Acres in a Piece, which, like the rest of the Colony Lands, will be alienable, onely with this difference, that it cannot be parcell’d out, but if sold, it must be altogether.
4. There is to be a Biennial Parliament, consisting of the eight Proprietors, the Landgraves and Casiques, and one out of every Precinct, that is the six neighboring Colonies, for the People, chosen by the Freeholders; these are to sit and Vote altogether for the making of Laws, which shall be in force no longer than sixty years after their Enacting, the great mischief of most Governments, by which not onely the People are mightily entangled by multiplicity of Rules and Penalties, and thereby laid open to the Malice and Designs of troublesom Men and cunning Projectors; but, which is far worse, the whole frame of the Government in tract of time comes to be remov’d from its original Foundation, and thereby becomes more weak and tottering.
5. There are eight supream Courts for the dispatch of all publick Affairs; the first consists of the Palatine, who is the eldest of the Proprietors, and hath power to call Parliaments, and dispose of publick Offices. The other seven supream Courts are, 1. The chief Justices for the determining of Controversies of Meum and Tuum, and judging of Criminals. 2. The Chancellors, for passing of Charters, and managing the State Matters of the Province. 3. The High-Constables, for Military Affairs. 4. The Admirals, for Maritime Affairs. 5. The High-Stewards, for Trade. 6. The Treasurers, for the publick Stock; and 7. The Chamberlains, for Ceremonies, Fashions, Marriages, Burials, &c. These are the seven supream Courts, to whom lies the ultimate Appeal in all Causes belonging to them. Each of these Courts consists of one Proprietor, and six other Councellors, whereof two are chosen by the Nobility, and two by the People. All the number of these eight Courts joyn’d together make the Grand Council, which are in the nature of a Council of State, and are entrusted with the management of Affairs of greatest concernment. There is also in every County a Court, and in every Precinct another; from the Precinct Court there lies an Appeal to the County Court, and from the County Court to the Proprietors Court, to which the Matter in question belongs, and there is the last decision and determination thereof, without any farther Appeal. And to keep the People from the Charges and vexation of long Suits, to the enriching of Men cunning in Words, care is taken, that no Cause shall be Try’d more than once in any one Court, and that profess’d Pleaders for Money shall not be allow’d.