Eventually, with the founding of the Colony in 1670 came the creation of the original Probate Court. In the court's early days, the Royal Governors or their secretaries were the only Ordinaries in the province. The Oxford English Dictionary defines an ordinary in matters of civil law, as “a judge having authority to deal with cases in his or her own right and not by delegation……Also, in parts of the United States: a county judge having jurisdiction esp. of a court of probate. In 1778, the S.C. Commons House of Assembly began the task of appointing Ordinaries for each of the province's 7 court districts. However, due to the presence of British forces in South Carolina during this period, no District Ordinaries were to actually be appointed until 1782. With the departure of the last Royal Governor after the implementation of the Federal Constitution in 1788, the South Carolina General Assembly appointed an Ordinary to fulfill the duties of the office in Charleston District. In 1787, duties of the District Ordinaries were transferred to county courts. However, because Charleston District yet had no county court, a 1789 law directed the Ordinary to continue. County courts were abolished in 1799, and within the year, the South Carolina General Assembly had created twenty-four circuit court districts whose Ordinaries were appointed by them up until 1815 when they became electable positions. In 1868, the South Carolina Constitution replaced the Court of the Ordinary with the Probate Court. In 1895, changes to the South Carolina Constitution required that the Probate Court be dependent on the General Assembly for funding and legal procedures. This was the case in all counties except Charleston where it remained a constitutional court until
Eventually, with the founding of the Colony in 1670 came the creation of the original Probate Court. In the court's early days, the Royal Governors or their secretaries were the only Ordinaries in the province. The Oxford English Dictionary defines an ordinary in matters of civil law, as “a judge having authority to deal with cases in his or her own right and not by delegation……Also, in parts of the United States: a county judge having jurisdiction esp. of a court of probate. In 1778, the S.C. Commons House of Assembly began the task of appointing Ordinaries for each of the province's 7 court districts. However, due to the presence of British forces in South Carolina during this period, no District Ordinaries were to actually be appointed until 1782. With the departure of the last Royal Governor after the implementation of the Federal Constitution in 1788, the South Carolina General Assembly appointed an Ordinary to fulfill the duties of the office in Charleston District. In 1787, duties of the District Ordinaries were transferred to county courts. However, because Charleston District yet had no county court, a 1789 law directed the Ordinary to continue. County courts were abolished in 1799, and within the year, the South Carolina General Assembly had created twenty-four circuit court districts whose Ordinaries were appointed by them up until 1815 when they became electable positions. In 1868, the South Carolina Constitution replaced the Court of the Ordinary with the Probate Court. In 1895, changes to the South Carolina Constitution required that the Probate Court be dependent on the General Assembly for funding and legal procedures. This was the case in all counties except Charleston where it remained a constitutional court until