An Historical Account of the Rise and Progress of the Colonies of South Carolina and Georgia, Volume 1Hewatt, Alexander
History
An Historical Account of the Rise and Progress of the Colonies of South Carolina and Georgia, Volume 1
Hewatt, Alexander
Georgia -- History -- Colonial period, ca. 1600-1775; South Carolina -- History -- Colonial period, ca. 1600-1775
XXXI. No man, being a member of the grand council, or of any of the seven
colleges, shall be turned out but for misdemeanour, of which the grand
council shall be judge; and the vacancy of the person so put out shall be
filled, not by the election of the grand council, but by those who first
chose him, and out of the same degree he was of who is expelled. But it
is not hereby to be understood, that the grand council hath any power to
turn out any one of the Lords Proprietors or their deputies, the Lords
Proprietors having in themselves an inherent original right.
XXXII. All elections in the parliament, in the several chambers of the
parliament, and in the grand council, shall be passed by balloting.
XXXIII. The Palatine's court shall consist of the Palatine and seven
proprietors, wherein nothing shall be acted without the presence and
consent of the Palatine or his deputy, and three others of the
proprietors or their deputies. This court shall have power to call
parliaments, to pardon all offences, to make elections of all officers in
the proprietor's dispose, and to nominate and appoint Port Towns; and
also shall have power by their order to the treasurer to dispose of all
public treasure, excepting money granted by the parliament, and by them
directed to some particular public use; and also shall have a negative
upon all acts, orders, votes and judgments, of the grand council and the
parliament, except only as in Paragraphs VI. and XII.; and shall have all
the powers granted to the Lords Proprietors, by their patent from OUR
SOVEREIGN LORD THE KING, except in such things as are limited by these
FUNDAMENTAL CONSTITUTIONS.
XXXIV. The Palatine himself, when he in person shall be either in the
army or in any of the proprietors courts, shall then have the power of
general, or of that proprietor, in whose court he is then present; and
the proprietor, in whose court the Palatine then presides, shall during
his presence there be but as one of the council.
XXXV. The chancellor's court, consisting of one of the proprietors, and
his six counsellors, who shall be called vice-chancellors, shall have
the custody of the seal of the palatine, under which all charters of
lands, or otherwise, commissions and grants of the Palatine's court,
shall pass. And it shall not be lawful to put the seal of the palatinate
to any writing, which is not signed by the Palatine or his deputy, and
three other proprietors or their deputies. To this court also belong all
state matters, dispatches, and treaties with the neighbour Indians. To
this court also belong all invasions of the law, of liberty of
conscience, and all disturbances of the public peace, upon pretence of
religion, as also the licence of printing. The twelve assistants
belonging to this court shall be called recorders.
XXXVI. Whatever passes under the seal of the palatinate, shall be
registered in that proprietor's court, to which the matter therein
contained belongs.
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