C
HARLES II. by the Grace of God,
&c. Whereas by Our Letters
Patents, bearing Date the Four and Twentieth Day of
March, in the
Fifteenth Year of Our Reign, We were Graciously Pleas'd to Grant unto Our
right Trusty, and right Well-beloved Cousin and Counsellor
Edward
Earl of
Clarendon, our High Chancellor of
England, Our right
Trusty, and right entirely Beloved Cousin and Counsellor,
George Duke
of
Albemarle, Master of our Horse, Our right Trusty and Well Beloved
William, now Earl of
Craven, our right Trusty and well-beloved
Counsellor,
John Lord
Berkeley, our right Trusty, and
well-beloved Counsellor,
Anthony Lord
Ashley, Chancellor of
our Exchequer, our right Trusty and Well-beloved Counsellor Sir
George
Carterett Knight and Baronet, Vice-Chamberlain of our Houshold, Our
right Trusty and well-beloved, Sir
John Colleton Knight and Baronet,
and Sir
William Berkeley Knight, all that Province, Territory, or
Tract of Ground, called
Carolina, situate, lying and being within our
Dominions of
America, Extending from the
North End of the
Island, called
Luke Island, which lyeth in the
Southern Virginia
Seas, and within six and thirty Degrees of the
Northern Latitude; and
to the
West, as far as the
South Seas; and so respectively as
far as the River of
Mathias, which bordereth upon the Coast of
Florida, and within One and Thirty Degrees of the
Northern
Latitude, and so
West in a direct Line, as far as the
South
Seas aforesaid.
Now, know Ye, that We, at the Humble Request of the said Grandees in the
aforesaid Letters Patents named, and as a farther Mark of Our especial
Favour towards them, We are Graciously Pleased to Enlarge Our said Grant
unto them, according to the Bounds and Limits hereafter Specifyed, and in
Favour to the Pious and Noble Purpose of 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, all that Province,
Territory, or Tract of Ground, situate, lying, and being within Our
Dominions of America aforesaid, extending North and
Westward, as far as the North End of Carahtuke River, or
Gulet, upon a streight Westerly Line, to Wyonoake
Creek, which lies within, or about the Degrees of Thirty Six, and Thirty
Minutes Northern Latitude, and so West, in a direct Line, as
far as the South Seas; and South and Westward, as far
as the Degrees of Twenty Nine Inclusive Northern Latitude, and so
West in a direct Line, as far as the South Seas; together with
all and singular Ports, Harbours, Bays, Rivers and Islets, belonging unto
the Province or Territory, aforesaid. And also, all the Soil, Lands, Fields,
Woods, Mountains, Ferms, Lakes, Rivers, Bays and Islets, situate, or being
within the Bounds, or Limits, last before mentioned; with the Fishing of all
sorts of Fish, Whales, Sturgeons, and all other Royal Fishes
in the Sea, Bays, Islets and Rivers, within the Premises, and the Fish
therein taken; together with the Royalty of the Sea, upon the Coast within
the Limits aforesaid. And moreover, all Veins, Mines and Quarries, as well
discovered as not discover'd, of Gold, Silver, Gems and Precious Stones, and
all other whatsoever; be it of Stones, Metal, or any other thing found, or
to be found within the Province, Territory, Islets and Limits aforesaid.
And furthermore, the Patronage and Advowsons of all the Churches and
Chappels, which as the Christian Religion shall encrease within the
Province, Territory, Isles and Limits aforesaid, shall happen hereafter to
be erected; together with Licence and Power to build and found Churches,
Chappels and Oratories in convenient and fit places, within the said Bounds
and Limits; and to cause them to be Dedicated and Consecrated, according to
the Ecclesiastical Laws of Our Kingdom of England; together with all
and singular, the like, and as ample Rights, Jurisdictions, Privileges,
Prerogatives, Royalties, Liberties, Immunities and Franchises, of what Kind
soever, within the Territory, Isles, Islets and Limits aforesaid. To have,
hold, use, exercise and enjoy the same, as amply, fully, and in as ample
Manner, as any Bishop of Durham in Our Kingdom of England,
ever heretofore had, held, used, or enjoyed, or of right ought, or could
have, use, or enjoy; and them 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; We do by these Presents, for Us, Our Heirs and
Successors, make, create and constitute the true and absolute Lords and
Proprietors of the said Province, or Territory, and of all other the
Premises, saving always the Faith, Allegiance and Sovereign Dominion due to
Us, our Heirs and Successors, for the same; to have, hold, possess and enjoy
the said Province, Territory, Islets, and all and singular, other the
Premises, to them 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, for Ever, to be holden of Us, Our Heirs and
Successors, as of Our Mannor of East Greenwich, in Kent, in
free and common Soccage, and not in Capite, or by Knights Service,
yielding and paying yearly to Us, Our Heirs and Successors, for the same,
the fourth Part of all Goods and Silver Oar, which within the Limits hereby
Granted, shall from Time to Time, happen to be found, over and besides the
Yearly Rent of Twenty Marks and the fourth part of the Gold and Silver Oar,
in and by the said recited Letters Patents reserved and payable.
And that the Province, or Territory hereby granted and described, may be
dignifyed with as large Titles and Privileges, as any other Parts of our
Dominions and Territories in that Region; Know ye, That We, of our farther
Grace, certain Knowledge and meer Motion, have thought fit to annex the same
Tract of Ground and Territory, unto the same Province of Carolina;
and out of the Fulness of our Royal Power and Prerogative, We do for Us, our
Heirs and Successors, annex and unite the same to the said Province of
Carolina. And forasmuch as We have made and ordained the aforesaid
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, the
true Lords and Proprietors of all the Province or Territory aforesaid; Know
ye therefore moreover, that We reposing especial Trust and Confidence in
their Fidelity, Wisdom, Justice and provident Circumspection for Us, our
Heirs and Successors, do grant full and absolute Power, by virtue of these
Presents, to them 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,
and their Heirs and Assigns, for the good and happy Government of the said
whole Province or Territory, full Power and Authority to erect, constitute,
and make several Counties, Baronies, and Colonies, of and within the said
Provinces, Territories, Lands and Hereditaments, in and by the said recited
Letters Patents, and these Presents, granted, or mentioned to be granted, as
aforesaid, with several and distinct Jurisdictions, Powers, Liberties and
Privileges. And also, to ordain, make and enact, and under their Seals, to
publish any Laws and Constitutions whatsoever, either appertaining to the
publick State of the said whole Province or Territory, or of any distinct or
particular County, Barony or Colony, of or within the same, or to the
private Utility of particular Persons, according to their best Discretion,
by and with the Advice, Assent and Approbation of the Freemen of the said
Province or Territory, or of the Freemen of the County, Barony or Colony,
for which such Law or Constitution shall be made, or the greatest Part of
them, or of their Delegates or Deputies, whom for enacting of the said Laws,
when, and as often as need shall require, We will that 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, and their Heirs or Assigns,
shall from Time to Time, assemble in such Manner and Form as to them shall
seem best: And the same Laws duly to execute upon all People within the said
Province or Territory, County, Barony or Colony, and the Limits thereof, for
the Time being, which shall be constituted under the Power and Government of
them, or any of them, either sailing towards the said Province or Territory
of Carolina, or returning from thence towards England, or any
other of our, or foreign Dominions, by Imposition of Penalties,
Imprisonment, or any other Punishment: Yea, if it shall be needful, and the
Quality of the Offence require it, by taking away Member and Life, either by
them, 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, and their Heirs,
or by them or their Deputies, Lieutenants, Judges, Justices, Magistrates, or
Officers whatsoever, as well within the said Province, as at Sea, in such
Manner and Form, as unto 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,
and their Heirs, shall seem most convenient: Also, to remit, release, pardon
and abolish, whether before Judgment or after, all Crimes and Offences
whatsoever, against the said Laws; and to do all and every other Thing and
Things, which unto the compleat Establishment of Justice, unto Courts,
Sessions and Forms of Judicature, and Manners of proceedings therein, do
belong, altho' in these Presents, express Mention is not made thereof; and
by Judges, to him or them delegated to award, process, hold Please, and
determine in all the said Courts and Places of Judicature, all Actions,
Suits and Causes whatsoever, as well criminal as civil, real, mixt,
personal, or of any other Kind or Nature whatsoever: Which Laws so as
aforesaid, to be published, Our Pleasure is, and We do enjoyn, require and
command, shall be absolutely firm and available in Law; and that all the
Leige People of Us, our Heirs and Successors, within the said Province or
Territory, do observe and keep the same inviolably in those Parts, so far as
they concern them, under the Pains and Penalties therein expressed; or to be
expressed; provided nevertheless, that the said Laws be consonant to Reason,
and as near as may be conveniently, agreeable to the Laws and Customs of
this our Realm of England.
And because such Assemblies of Free-holders cannot be so suddenly called,
as there may be Occasion to require the same; We do therefore by these
Presents, give and grant unto the said Edward Earl of Clarendon,
George Duke of Albemarle, William Earl of Craven,
John Lord Berkeley, Anthony Lord Ashley, Sir
GeorgeCarterett, Sir John Colleton, and Sir William Berkeley,
their Heirs and Assigns, by themselves or their Magistrates in that Behalf,
lawfully authorized, full Power and Authority from Time to Time, to make and
ordain fit and wholsome Orders and Ordinances, within the Province or
Territory aforesaid, or any County, Barony or Province, of or within the
same, to be kept and observed, as well for the keeping of the Peace, as for
the better Government of the People there abiding, and to publish the same
to all to whom it may concern: Which Ordinances we do, by these Presents,
streightly charge and command to be inviolably observed within the same
Province, Counties, Territories, Baronies, and Provinces, under the
Penalties therein expressed; so as such Ordinances be reasonable and not
repugnant or contrary, but as near as may be agreeable to the Laws and
Statutes of this our Kingdom of England; and so as the same
Ordinances do not extend to the binding, charging or taking away of the
Right or Interest of any Person or Persons, in their freehold Goods, or
Chattels, whatsoever.
And to the end the said Province or Territory, may be the more happily
encreased by the Multitude of People resorting thither, and may likewise be
the more strongly defended from the Incursions of Savages and other Enemies,
Pirates, and Robbers.
Therefore, We for Us, Our Heirs and Successors, do give and grant by
these Presents, Power, License and Liberty unto all the Leige People of Us,
our Heirs and Successors in our Kingdom of England, or elsewhere,
within any other our Dominions, Islands, Colonies or Plantations; (excepting
those who shall be especially forbidden) to transport themselves and
Families into the said Province or Territory, with convenient Shipping, and
fitting Provisions; and there to settle themselves, dwell and inhabit, any
Law, Act, Statute, Ordinance, or other Thing to the contrary in any wise,
notwithstanding.
And we will also, and of Our especial Grace, for Us, our Heirs and
Successors, do streightly enjoyn, ordain, constitute and demand, That the
said Province or Territory, shall be of our Allegiance; and that all and
singular, the Subjects and Leige People of Us, our Heirs and Successors,
transported, or to be transported into the said Province, and the Children
of them, and such as shall descend from them, there born, or hereafter to be
born, be, and shall be Denizens and Lieges of Us, our Heirs and Successors
of this our Kingdom of England, and be in all Things, held, treated
and reputed as the Liege faithful People of Us, our Heirs and Successors,
born within this our said Kingdom, or any other of our Dominions; and may
inherit, or otherwise purchase and receive, take, hold, buy and possess any
Lands, Tenements or Hereditaments, within the said Places, and them may
occupy, and enjoy, sell, alien and bequeath; as likewise, all Liberties,
Franchises and Privileges of this our Kingdom, and of other our Dominions
aforesaid, may freely and quietly have, possess and enjoy, as our Liege
People born within the same, without the Molestation, Vexation, Trouble or
Grievance of Us, Our Heirs and Successors, any Act, Statute, Ordinance, or
Provision to the contrary, notwithstanding.
And furthermore, That Our Subjects of this Our said Kingdom of England,
and other our Dominions, may be the rather encouraged to undertake this
Expedition, with ready and chearful Minds; Know Ye, That We, of Our especial
Grace, certain Knowledge and meer Motion, do give and grant, by virtue of
these Presents, as well 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,
and their Heirs, as unto all others as shall, from time to time, repair unto
the said Province or Territory, with a Purpose to inhabit there, or to trade
with the Natives thereof; Full Liberty and License to lade and freight in
every Port whatsoever, of Us, our Heirs and Successors; and into the said
Province of Carolina, by them, their Servants and Assigns, to
transport all and singular, their Goods, Wares and Merchandizes; as
likewise, all sort of Grain whatsoever, and any other Thing whatsoever,
necessary for their Food and Cloathing, not prohibited by the Laws and
Statutes of our Kingdom and Dominions, to be carried out of the same,
without any Lett or Molestation of Us, our Heirs and Successors, or of any
other our Officers or Ministers whatsoever; saving also to Us, our Heirs and
Successors, the Customs, and other Duties and Payments due for the said
Wares and Merchandizes, according to the several Rates of the Place from
whence the same shall be transported.
We will also, and by these Presents, for Us, our Heirs and Successors, do
give and grant License by this our Charter, unto 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, and to all the
Inhabitants and Dwellers in the Province or Territory aforesaid, both
present and to come, full Power and Authority to import or unlade by
themselves, or their Servants, Factors or Assigns, all Merchandizes and
Goods whatsoever, that shall arise of the Fruits and Commodities of the said
Province or Territory, either by Land or Sea, into any the Ports of Us, our
Heirs and Successors, in our Kingdom of Engl. Scotl. or
Ireland, or otherwise, to dispose of the said Goods, in the said Ports.
And if need be, within one year next after the unlading, to lade the said
Merchandizes and Goods again in the same, or other Ships; and to export the
same into any other Countries, either of our Dominins or foreign, being in
Amity with Us, our Heirs and Successors, so as they pay such Customs,
Subsidies and other Duties for the same to Us, our Heirs and Successors, as
the rest of our Subjects of this our Kingdom, for the Time being, shall be
bound to pay. Beyond which We will not that the Inhabitants of the said
Province or Territory, shall be any ways charged. Provided, nevertheless,
and our Will and Pleasure is, and we have further, for the Considerations
aforesaid, of our special Grace, certain Knowledge and meer Motion, given
and granted, and by these Presents, for Us, our Heirs and Successors, do
give and grant unto 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, full and free License, Liberty, Power and
Authority, at any Time or Times, from and after the Feast of St. Michael
the Arch-Angel, which shall be in the Year of our Lord Christ, One
Thousand, Six Hundred, Sixty and Seven; as well to import and bring into any
our Dominions from the said Province of Carolina, or any Part
thereof, the several Goods and Commodities herein after mentioned; That is
to say, Silks, Wines, Currants, Raisons, Capers, Wax, Almonds, Oil and
Olives, without paying or answering to Us, our Heirs and Successors, any
Custom, Impost, or other Duty, for, or in respect thereof, for and during
the Time and Space of Seven Years to commence and be accompted from and
after the first Importation of Four Tons of any the said Goods, in any one
Bottom Ship or Vessel, from the said Province or Territory, into any of our
Dominions; as also, to export and carry out of any of our Dominions into the
said Province or Territory, Custom-free, all sorts of Tools, which shall be
useful or necessary for the Planters there, in the Accommodation and
Improvement of the Premises, any thing before in these Presents contained,
or any Law, Act, Statute, Prohibition, or other Matter or Thing, heretofore
had, made, enacted or provided, or hereafter to be had, made, enacted or
provided, in any wise notwithstanding.
And furthermore, of our more ample and especial Grace, certain Knowledge
and meer Motion, We do for Us, our Heirs and Successors, grant unto the said
Edward Earl of Clarendon, George Duke of Albemarle,
William Earl of Craven, John Lord Berkeley,
Anthony Lord Ashley, Sir George Carterett, Sir
JohnColleton, and Sir Will. Berkeley, their Heirs and
Assigns, full and absolute Power and Authority to make, erect and constitute
within the said Province or Territory, and the Isles and Islets aforesaid,
such and so many Sea-Ports, Harbours, Creeks and other Places for discharge
and unlading of Goods and Merchandizes out of Ships, Boats, and other
Vessels, and for lading of them in such and so many Places, as with such
Jurisdictions, Privileges and Franchises, unto the said Ports belonging, as
to them shall seem most expedient; And that all and singular, the Ships,
Boats and other Vessels, which shall come for Merchandizes, and trade into
the said Province or Territory, or shall depart out of the same, shall, be
laden and unladen at such Ports only, as shall be erected and constituted by
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, and not elsewhere, any Use, Custom, or any thing to the
contrary in any wise notwithstanding.
And we do furthermore will, appoint and ordain, and by these Presents,
for Us, our Heirs and Successors, do grant unto 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, That they 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, may from Time to
Time, for ever, have and enjoy the Customs and Subsidies in the Ports,
Harbours, Creeks and other Places, within the Province aforesaid, payable
for the Goods, Merchandizes and Wares there laded, or to be laded or
unladed, the said Customs to be reasonably assessed upon any Occasion by
themselves, and by and with the Consent of the free People, or the greater
Part of them, as aforesaid; to whom We give Power by these Presents, for Us,
our Heirs and Successors, upon just Cause and in a due Proportion to assess
and impose the same.
And further, of our especial Grace, certain Knowledge and meer Motion, we
have given, granted and confirmed, and by these Presents, for Us, our Heirs
and Successors, do give, grant and confirm unto 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, full and absolute Power,
License and Authority, that they 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, from Time to Time, hereafter for ever, at his and
their Will and Pleasure, may assign, alien, grant, demise or enfeoff the
Premises or any Part or Parcel thereof to him or them, that shall be willing
to purchase the same; and to such Person and Persons, as they shall think
fit, to have, and to hold to them the said Person or Persons, their
Heirs and Assigns, in Fee simple or in Fee Tayle, or for the Term of Life or
Lives, or Years to be held of them, 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, by such Rents,
Services and Customs, as shall seem fit to them 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 William Berkeley, their Heirs and Assigns, and not of Us, our
Heirs and Successors: And to the same Person and Persons, and to all and
every of them, We do give and grant by these Presents, for Us, our Heirs and
Successors, License, Authority and Power, that such Person or Persons, may
have and take the Premises, or any Parcel thereof, of 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, and the same to hold to
themselves, their Heirs or Assigns, in what Estate of Inheritance soever, in
Fee simple, or in Fee Tayle, or otherwise, as to them 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 WilliamBerkeley, their Heirs and Assigns, shall seem
expedient; The Statute in the Parliament of Edward, Son of King
Henry, heretofore King of England, our Predecessor, commonly
called, The Statute of Quia Emptores Terrar; or any other Statute,
Act, Ordinance, Use, Law, Custom, any other Matter, Cause or Thing
heretofore published or provided to the contrary, in any wise
notwithstanding.
And because many Persons born and inhabiting in the said Province for
their Deserts and Services may expect, and be capable of Marks of Honour and
Favour, which, in respect of the great Distance cannot conveniently be
conferred by Us; our Will and Pleasure therefore is, and We do by these
Presents, give and grant unto the said Edward Earl of Clarendon,
George Duke of Albemarle, William Lord Craven,
John Lord Berkeley, Anthony Lord Ashley, Sir
George Carterett, Sir John Colleton, and Sir William
Berkeley, their Heirs and Assigns, full Power and Authority to give and
confer unto, and upon such of the Inhabitants of the said Province, or
Territory, as they shall think, do, or shall merit the same, such Marks of
Favour, and Titles of Honour, as they shall think fit, so as their Titles of
Honours be not the same as are enjoyed by, or conferred upon any of the
Subjects of this Our Kingdom of England.
And further also, We do by these Presents, for Us, Our Heirs and
Successors, give and Grant, License to them the Edward Earl of
Clarendon, George Duke of Albemarle, William Earl
of Craven, John Lord Berkeley, Anthony Lord
Ashley, Sir GeorgeCarterett, Sir John Colleton and Sir
WilliamBerkeley, their Heirs and Assigns, full Power, Liberty and
License, to Erect, Raise and Build within the said Province and Places
aforesaid, or any Part or Parts thereof, such and so many Forts, Fortresses,
Castles, Cities, Boroughs, Towns, Villages and other Fortifications
whatsoever; and the same or any of them to Fortify and Furnish with
Ordnance, Powder, Shot, Armour and all other Weapons, Ammunition and
Habiliments of War, both Defensive and Offensive, as shall be thought fit
and convenient for the Safety and Welfare of the said Province, and Places,
or any Part thereof; and the same, or any of them, from Time to Time, as
Occasion shall require, to Dismantle, Disfurnish, Demolish and Pull down;
And also to Place, Constitute and Appoint in, or over all, or any of the
said Castles, Forts, Fortifications, Cities, Towns and Places aforesaid,
Governours, Deputy Governours, Magistrates, Sheriffs and other Officers,
Civil and Military, as to them shall seem meet; and to the said Cities,
Boroughs, Towns, Villages, or any other Place or Places, within the said
Province or Territory, to Grant Letters or Charters of Incorporation, with
all Liberties, Franchises and Privileges requisite, or usual, to, or within
this our Kingdom of England granted, or belonging; And in the same
Cities, Boroughs, Towns and other Places, to Constitute, Erect and Appoint
such, and so many Markets, Marts and Fairs, as shall in that Behalf be
thought fit and necessary; And further also, to Erect and Make in the
Province or Territory aforesaid, or any Part thereof, so many Mannors with
such Signories as to them shall seem meet and convenient, and in every of
the same Mannors to have and to hold a Court-Baron, with all Things
whatsoever, which to a Court-Baron do belong, and to have and to hold Views
of Frank Pledge, and Court-Leet, for the Conservation of the Peace, and
better Government of those Parts, with such Limits, Jurisdiction and
Precincts, as by 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, or
their Heirs, shall be appointed for that purpose, with all things
whatsoever, which to a Court-Leet, or view of Franck Pledge, do belong; the
same Courts to be holden by Stewards, to be Deputed and Authorized by 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, or their Heirs, by the
Lords of the Mannors and Leets, for the Time being, when the same shall be
Erected.
And because that in so remote a Country, and Situate among so many
Barbarous Nations, the Invasions as well of Savages as other Enemies,
Pirates, and Robbers may probably be feared; Therefore We have Given, and
for Us, Our Heirs and Successors do give Power by these Presents, unto 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 or Assigns by themselves, or their Captains, or their Officers to
Levy, Muster and Train up all sorts of Men, of what Condition soever, or
wheresoever Born, whether in the said Province, or elsewhere, for the Time
being; and to make War and pursue the Enemies aforesaid, as well by Sea, as
by Land; yea, even without the Limits of the said Province, and by God's
Assistance, to Vanquish and Take them, and being Taken, to put them to Death
by the Law of War, and to save them at their Pleasure; And to do all and
every other thing, which to the Charge and Office of a Captain General of an
Army belongeth, or hath accustomed to belong, as fully and freely as any
Captain General of an Army hath had the same.
Also, Our Will and Pleasure is, and by this Our Charter, We do give and
grant unto the said Edward Earl of Clarendon, George
Duke of Albemarle, William Lord Craven, John
Lord Berkeley, Anthony Lord Ashley, Sir George
Carterett, Sir John Colleton, and Sir William Berkeley,
their Heirs and Assigns, full Power, Liberty and Authority, in Case of
Rebellion, Tumult, or Sedition (if any should happen, which God forbid)
either upon the Land within the Province aforesaid, or upon the main Sea, in
making a Voyage thither, or returning from thence, by him and themselves,
their Captains, Deputies or Officers, to be authorized under his or their
Seals, for that purpose: To whom also for Us, our Heirs and Successors, We
do give and grant by these Presents, full Power and Authority to exercise
Martial Law against mutinous and seditious Persons of those Parts; such as
shall refuse to submit themselves to their Government, or shall refuse to
serve in the Wars, or shall fly to the Enemy, or forsake their Colours or
Ensigns, or be Loiterers or Stragglers, or otherwise howsoever offending
against Law, Custom, or Military Discipline, as freely, and in as ample
Manner and Form as any Captain General of an Army, by virtue of his Office,
might, or hath accustomed to use the same.
And Our further Pleasure is, and by these Presents, for Us, our Heirs and
Successors, We do grant unto 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, and to the Tenants and Inhabitants of the said
Province, or Territory, both present and to come, and to every of them, that
the said Province, or Territory, and the Tenants and Inhabitants thereof,
shall not from henceforth, be held or reputed any Member, or Part of any
Colony whatsoever, in America or elsewhere, now transported or made,
or hereafter to be transported or made; nor shall be depending on, or
subject to their Government in any Thing, but be absolutely separated and
divided from the same: And our Pleasure is, by these Presents, That they may
be separated, and that they be subject immediately to our Crown of
England, as depending thereof for ever. And that the Inhabitants of the
said Province or Territory, or any of them, shall at any Time hereafter, be
compelled or compellible, or be any ways subject, or liable to appear or
answer to any Matter, Suit, Cause, or Plaint whatsoever, out of the Province
or Territory aforesaid, in any other of our Islands, Colonies or Dominions
in America, or elsewhere, other than in our Realm of England
and Dominion of Wales.
And because it may happen, That some of the People and Inhabitants of the
said Province, cannot in their private Opinions conform to the Publick
Exercise of Religion according to the Liturgy, Forms and Ceremonies of the
Church of England, or take or subscribe the Oaths and Articles made
and established in that Behalf: And for that the same, by reason of the
remote Distances of those Places, will, as we hope, be no Breach of the
Unity, and Conformity, Established in this Nation; Our Will and Pleasure
therefore is, and We do by these Presents for Us, Our Heirs, and Successors,
Give and Grant unto 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, full and free Licence, Liberty and Authority, by
such Ways and Means as they shall think fit, To Give and Grant unto
such Person any Persons, Inhabiting, and being within the said Province or
Territory, hereby or by the said recited Letters Patents, mentioned to be
granted as aforesaid, or any Part thereof, such Indulgencies and
Dispensations, in that Behalf, for, and during such Time and Times, and with
such Limitations and Restrictions, as they 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, or Assigns, shall in their Discretion
think fit and reasonable. And that no Person or Persons, unto whom such
Liberty shall be given, shall be any way molested, punished, disquieted, or
called in question for any Differences in Opinion or Practice, in Matters of
Religious Concernment, who do not actually disturb the civil Peace of the
Province, County or Colony, that they shall make their abode in. But all and
every such Person and Persons, may from Time to Time, and at all Times,
freely and quietly have and enjoy his and their Judgment and Consciences, in
Matters of Religion, throughout all the said Province, or Colony, they
behaving themselves peaceably, and not using this Liberty to Licentiousness,
nor to the Civil Injury or outward Disturbance of others. Any Law, Statute
or Clause contained, or to be contained, Usage or Customs of our Realm of
England to the contrary hereof in any wise, notwithstanding.
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.