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CHARLES the Second, by the grace of God, king of England,
Scotland, France, and Ireland, Defender of the Faith, &c.,
To all to whom these present shall come: Greeting:
1st. Whereas our right trusty, and right well beloved cousins
and counsellors, Edward Earl of Clarendon, our high chancellor
of England, and George Duke of Albemarle, master of our horse
and captain general of all our forces, our right trusty and well
beloved William Lord Craven, John Lord Berkley, our right trusty
and well beloved counsellor, Anthony Lord Ashley, chancellor
of our exchequer, Sir George Carteret, knight and baronet, vice
chamberlain of our household, and our trusty and well beloved
Sir William Berkley, knight, and Sir John Colleton, knight and
baronet, being excited with a laudable and pious zeal for the
propagation of the Christian faith, and the enlargement of our
empire and dominions, have humbly besought leave of us, by their
industry and charge, to transport and make an ample colony of
our subjects, natives of our kingdom of England, and elsewhere
within our dominions, unto a certain country hereafter described,
in the parts of America not yet cultivated or planted, and only
inhabited by some barbarous people, who have no knowledge of
Almighty God.
2d. And whereas the said Edward Earl of Clarendon, George
Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony
Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir
John Colleton have humbly besought us to give, grant and confirm
unto them and their heirs, the said country, with priviledges
and jurisdictions requisite for the good government and safety
thereof: Know ye, therefore, that we, favouring the pious and
noble purpose of the said Edward Earl of Clarendon, George Duke
of Albemarle, William Lord Craven, John Lord Berkley, Anthony
Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir
John Colleton, of our special grace, certain knowledge and meer
motion, have given, granted atoll confirmed, and by this our
present charter, for us, our heirs and successors, do give, grant
and confirm unto the said Edward Earl of Clarendon, George Duke
of Albemarle, William Lord Craven, Atolls Lord Berkley, Anthony
Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir
John Colleton, their heirs and assigns, all that territory or
tract of ground, scituate, lying and being within our dominions
of America, extending from the north end of the island called
Lucke island, which lieth 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 southerly as far as
the river St. Matthias, which bordereth upon the coast of Florida,
and within one and thirty degrees of northern latitude, and so
west in a direct line as far as the south seas aforesaid; together
with all and singular ports, harbours, bays, rivers, isles and
islets belonging to the country aforesaid; and also all the soil,
lands, fields, woods, mountlills, fields, lakes, rivers, bays
and islets, scituate or being within the bounds or limits aforesaid,
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; and moreover all veins,
mines, quarries, as well discovered as not discovered, of gold,
silver, gems, precious stones, and all other whatsoever, be it
of stones, metals, or any other thing whatsoever, found or to
be found within the countries, isles and limits aforesaid.
3d. And furthermore, the patronage and advowsons of all the
churches and chappels, which as Christian religion shall increase
within the country, isles, islets and limits aforesaid, shall
happen hereafter to be erected, together with license 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, priviledges, prerogatives,
royalties, liberties, immunities and franchises of what kind
soever, within the countries, isles, islets and limits aforesaid.
4th. To have, use, exercise and enjoy, and in as ample manner
as any bishop of Durham in our kingdom of England, ever heretofore
have 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 Lord Craven, John Lord Berkley, Anthony
Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir
John Colleton, their heirs and assigns, we do by these presents,
for us, our heirs and successors, make, create and constitute
the true and absolute Lords Proprietors of the country aforesaid,
and of all other the premises; saving always the faith, allegiance
and sovereign dominion due to us, our heirs and successors, for
the same, and saving also the right, title and interest of all
and every our subjects of the English nation, which are now planted
within the limits and bounds aforesaid (if any be). To have,
hold, possess and enjoy the said country, isles, islets, and
all and singular other the premises, to them the said Edward
Earl of Clarendon, George Duke of Albemarle, William Lord Craven,
John Lord Berkley, Anthony Lord Ashley, Sir George Carteret,
Sir William Berkley, Sir John Colleton, their heirs and assigns
forever, to be holden of us, our heirs and successors, as of
our manner of East Greenwich in our county of Kent, in free and
common soccage, and not in capite, or by knight service; yielding
and paying yearly to us, our heirs and successors, for the same,
the yearly rent of twenty marks of lawful money of England, at
the feast of All Saints, yearly forever, the first payment thereof
to begin and to be made on the feast of All Saints, which shall
be in the year of our Lord one thousand six hundred and sixty-five,
and also the fourth part of all gold or silver ore, which, within
the limits aforesaid, shall from time to time happen to be found.
5th. And that the country, thus by us granted and described,
may be dignified by us with as large titles and priviledges as
any other part of our dominions and territories in that region,
Know ye, that we of our further grace, certain knowledge, and
meer motion, have thought fit to erect the same tract of ground,
county, and island, into a province, and out of the fulness of
our royal power and prerogative, we do, for us, our heirs and
successors, erect, incorporate and ordain the same into a province,
and call it the Province of Carolina, and so from henceforth
will have it called; and forasmuch as we have hereby made and
ordained the aforesaid Edward Earl of Clarendon, George Duke
of Albemarle, William Lord Craven, John Lord Berkley, Anthony
Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir
John Colleton, their heirs and assigns, the true lords and proprietors
of all the province 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 Lord Craven, John Lord Berkley, Anthony
Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir
John Colleton, and their heirs, for the good and happy government
of the said province, to ordain, make, enact, and under their
seals to publish any laws whatsoever, either appertaining to
the publick state of the said province, or to the private utility
of particular persons, according to their best discretion, of
and with the advice, assent and approbation of the freemen of
the said province, or of the greater 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 Lord Craven,
John Lord Berkley, Anthony Lord Ashley, Sir George Carteret,
Sir William Berkley, and Sir John Colleton, and their heirs,
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 and limits thereof, for the
time being, or which shall be constituted under the power and
government of them or any of them, either sailing towards the
said province 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 oflence requires it, by taking away member
and life, either by them, the said Edward Earl of Clarendon,
George Duke of Albemarle, William Lord Craven, John Lord Berkley,
Anthony Lord Ashley, Sir George Carteret, Sir William Berkley,
and Sir John Colleton, and their heirs, or by them or their deputies,
lieutenants, judges, justices, magistrates, officers and members
to be ordained or appointed according to the tenor and true intention
of these presents; and likewise to appoint and establish any
judges or justices, magistrates or officers whatsoever, within
the said province, at sea or land, in such manner and form as
unto the said Edward Earl of Clarendon, George Duke of Albemarle,
William Lord Craven, John Lord Berkley, Anthony Lord Ashley,
Sir George Carteret, Sir William Berkley, and Sir John Colleton
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, although in these presents
express mention be not made thereof; and by judges and by him
or them delegated, to award process, hold pleas, and determine
in all the said courts, and places of judicature, all actions,
suits and causes whatsoever, as well criminal or 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 require, enjoin and command, shall be absolute, firm and available
in law, and that all the liege people of us, our heirs and successors,
within the said province of Carolina, 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 lavrs be consonant to reason,
and as near as may be conveniently, agreeable to the laws and
customs of this our kingdom of England.
6th. And because such assemblies of freeholders cannot be
so conveniently 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 Lord Craven, John Lord Berkley, Anthony Lord Ashley,
Sir George Carteret, Sir William Berkley, and Sir John Colleton,
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 wholesome orders and
ordinances, within the province aforesaid 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
straightly charge and command to be inviolably observed within
the said province, 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.
7th. And to the end the said province may be more happily
increased, by the multitude of people resorting thither, and
may likewise be the more strongly defended from the incursions
of salvages 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 liege 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 unto the said province,
with convenient shipping and fitting provisions, and there to
settle themselves, dwell and inhabit, any law, statute, act,
ordinance, or other thing to the contrary in any wise notwithstanding.
And we will also, and of our more special grace, for us, our
heirs and successors, do straightly enjoin, ordain, constitute
and command, that the said province of Carolina, shall be of
our allegiance, and that all and singular the subjects and liege
people of us, our heirs and successors, transported or to be
transported into the said province, and the children of them
and of 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 same places, and them may occupy,
possess and enjoy, give, sell, aliene and bequeathe; as likewise
all liberties. franchises and priviledges of this our kingdom
of England, and of other our dominions aforesaid, and may freely
and quietly have, possess and enjoy, as our liege people born
within the same, without the least molestation, vexation, trouble
or grievance of us, our heirs and successors, any statute, act,
ordinance, or provision to the contrary notwithstanding.
8th. 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 cheerful minds, know
ye, that we of our special 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 Lord Craven, John Lord Berkley, Anthony Lord Ashley,
Sir George Carteret, Sir William Berkley, and Sir John Colleton,
and their heirs, as unto all others as shall from time to time
repair unto the said province, with a purpose to inhabit there,
or to trade with the natives of the said province, full liberty
and license to lade and freight in any port whatsoever, of us,
our heirs and successors, and into the said province of Carolina,
by them, their servants or assigns, to transport all and singular
their goods, wares and merchandises, as likewise all sorts of
grain whatsoever, and any other things whatsoever, necessary
for the food and clothing, not prohibited by the laws and statutes
of our kingdoms and dominions, to be carried out of the same,
without any let or molestation of us, our heirs and successors,
or of any other of 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 merchandises, according
to the several rates of the places 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 Lord Craven, John Lord Berkley, Anthony
Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir
John Colleton, their heirs and assigns, and to all the inhabitants
and dwellers in the province aforesaid, both present and to come,
full power and absolute authority to import or unlace by themselves
or their servants, factors or assigns, all merchandises and goods
whatsoever, that shall arise of the fruits and commodities of
the said province, either by land or by sea, into any of the
ports of us, our heirs and successors, in our kingdom of England,
Scotland or Ireland, or otherwise to dispose of the said goods,
in the said ports; and if need be, within one year next after
the unfading, to lade the said merchandises and goods again into
the same or other ships, and to export the same into any other
countries either of our dominions, 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 of Carolina, shall
be any ways charged.
9th. Provided nevertheless, and our will and pleasure is,
and we have further for the consideration aforesaid, of our more
especial 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 Lord Craven, John Lord Berkley, Anthony
Lord Ashley, Sir George Carteret, Sir William Berkley and Sir
John Colleton, their heirs and assigns, full and free license,
liberty and authority, at any time or times, from and after the
feast of St. Michael the archangel, 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 of our dominions from the
said province of Carolina, or any part thereof, the several goods
and commodities, hereinafter mentioned, that is to say, silks,
wines, currants, raisins, capers, wax, almonds, oyl and olives,
without paying or answering to us, our heirs or successors, any
custom, import, or other duty, for and in respect thereof, for
and during the term 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, into any of our dominions, as also to export
and carry out of any of our dominions, into the said province
of Carolina, custom free, all sorts of tools which shall be usefull
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 anything heretofore had, made, enacted or provided, or hereafter
to be had, made, enacted or provided, to the contrary, in any
wise notwithstanding.
10th. And furthermore, of our own 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 Lord Craven, John Lord Berkley, Anthony
Lord Ashley, Sir George Carteret, Sir William Berkley and Sir
John Colleton, their heirs and assigns, full and absolute power
and authority to make erect and constitute, within the said province
of Carolina, and the isles and islets aforesaid, such and so
many seaports, harbours, creeks and other places, for discharge
and unlading of goods and merchandises, out of ships, boats and
other vessels, and for lading of them, in such and so many places,
and with such jurisdiction, priviledges 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 merch an rises and trade into the said province,
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 Lord
Craven, Jolm Lord Berkley, Anthony Lord Ashley, Sir George Carteret,
Sir William Berkley, and Sir John Colleton, their heirs and assigns,
and not elsewhere, any use, custom or any other thing to the
contrary, in any wise notwithstanding.
11th. 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 Lord Craven, John Lord Berkley, Anthony Lord Ashley,
Sir George Carteret, Sir William Berkley and Sir John Colleton,
their heirs and assigns, that they the said Edward Earl of Clarendon,
George Duke of Albemarle, William Lord Craven, John Lord Berkley,
Anthony Lord Ashley, Sir George Carteret, Sir William Berkley
and Sir John Colleton, their heirs and assigns, may from time
to time forever, have and enjoy, the customs and subsidies in
the ports, harbors, creeks and other places within the province
aforesaid, payable for goods, merchandise and wares, there laded
or to be laded, or unjaded, the said customs to be reasonably
assessed, upon any occasion, by themselves, and by and with the
consent of the free people there, or the greater part of them
as aforesaid; to whom we give power bv these presents, for us,
our heirs and successors, upon just cause and in a due proportion,
to assess and impose the same.
12th. And further, of our special 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 Lord Craven, John Lord Berkley, Anthony
Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir
John Colleton, their heirs and assigns, full and absolute license,
power and authority, that the said Edward Earl of Clarendon,
George Duke of Albemarle, William Lord Craven, John Lord Berkley,
Anthony Lord Ashley, Sir George Carteret, Sir William Berkley,
Sir John Colleton, their heirs and assigns, from time to time,
hereafter, forever, at his and their will and pleasure, may assign,
alien, grant, demise or enfeof the premises, or any part or parcels
thereof, to him or them that shall be willing to purchase the
same, and to such person or persons as they shall think fit,
to have and to hold, to them the said person or persons, their
heirs or assigns, in fee simple or fee tayle, or for term for
life, or lives, or years, to be held of them, the said Edward
Earl of Clarendon, George Duke of Albemarle, William Lord Craven,
John Lord Berkley, Anthony Lord Ashley, Sir George Carteret,
Sir William Berkley and Sir John Colleton, their heirs and assigns,
by such rents, services and customs, as shall seem meet to the
said Edward Earl of Clarendon, George Duke of Albemarle, William
Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George
Carteret, Sir William Berkley, and Sir John Colleton, their heirs
and assigns, and not immediately 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 or take the premises, or any parcel thereof,
of the said Edward Earl of Clarendon, George Duke of Albemarle,
William Lord Craven, John Lord Berkley, Anthony Lord Ashley,
Sir George Carteret, Sir William Berkley, and Sir John Colleton,
their heirs and assigns, and the same to hold, to themselves,
their heirs or assigns, in what estate of inheritance whatsoever,
in fee simple, or fee tayle, or otherwise, as to them and the
said Edward Earl of Clarendon, George Duke of Albemarle, William
Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George
Carteret, Sir William Berkley, and Sir John Colleton, their heirs
and assigns, shall seem expedient; the statute made in the parliament
of Edward, son of King Henry, heretofore king of England, our
predecessor, commonly called the statute(3) of "quia emptores
terrarum;" or any other statute, act, ordinance, use, law,
custom or any other matter, cause or thing heretofore published,
or provided to the contrary, in any wise notwithstanding.
13th. And because many persons born, or inhabiting in the
said province, for their deserts and services, may expect and
be capable of marks of honor and favor, which, in respect of
the great distance, cannot be conveniently 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 Berkley, Anthony
Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir
John Colleton, their heirs and assigns, full power and authority,
to give and confer, unto and upon, such of the inhabitants of
the said province, 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 these titles of honour be not the same as ale
enjoyed by, or conferred upon any the subjects of this our kingdom
of England.
14th. And further also, we do by these presents, for us, our
heirs and successors, give and grant license to them, the said
Edward Earl of Clarendon, George Duke of Albemarle, William Lord
Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret,
Sir William Berkley, and Sir John Colleton, 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 ordinance,
powder, shot, armory, and all other weapons, ammunition, habilements
of war, both offensive and defensive, 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 and over all or any of the castles, forts, fortifications,
cities, towns and places aforesaid, governors, deputy governors,
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, to grant "letters or charters of incorporation,"
with all liberties, franchises and priviledges, requisite and
usefull, or to or within any corporations, 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 aforesaid, or any part thereof, so many mannors
as to them shall seem meet and convenient, and in every of the
said 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 within such limits, jurisdictions, and precincts, as by
the said Edward Earl of Clarendon, George Duke of Albemarle,
William Lord Craven, John Lord Berkley, Anthony Lord Ashley,
Sir George Carteret, Sir William Berkley and Sir John Colleton,
or their heirs, shall be appointed for that purpose, with all
things whatsoever, which to a court leet, or view of frank pledge
do belong, the said court to be holden by stewards, to be deputed
and authorized by the said Edward Earl of Clarendon, George Duke
of Albemarle, William Lord Craven, John Lord Berkley, Anthony
Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir
John Colleton, or their heirs, or by the lords of other manners
and leets, for the time being, when the same shall be erected.
15th. And because that in so remote a country, and scituate
among so many barbarous nations, and the invasions as well of
salvages as of 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 Lord Craven,
John Lord Berkley, Anthony Lord Ashley, Sir George Carteret,
Sir William Berkley, and Sir John Colleton, their heirs and assigns,
by themselves, or their captains, or other their officers, to
levy, muster and train all sorts of men, of what condition or
wheresoever born, in the said province 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, or to save them
at their pleasure; and to do all and every other thing, which
unto the charge 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 or ever had the same.
16th. Also our will and pleasure is, and by this our charter
we give unto the said Edward Earl of Clarendon, George Luke of
Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord
Ashley, Sir George Carteret, Sir William Berkley, and Sir John
Colleton, 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 or themselves, their captains, deputies and
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 loyterers
or straglers, or otherwise howsoever offending against law, custom
or discipline military, as freely and in as ample manner and
form as any captain general of an army by vertue of his office,
might or hath accustomed to use the same.
17th. 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 Lord Craven,
John Lord Berkley, Anthony Lord Ashley, Sir George Carteret,
Sir William Berkley, and Sir John Colleton, their heirs and assigns,
and to all the tenants and inhabitants of the said province of
Carolina, both present and to come, and to every of them, that
the said province and the tenants and inhabitants thereof, shall
not from henceforth be held or reputed a 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 anything, but be absolutely
seperated and divided from the same; and our pleasure is, by
these presents, that they be seperated, and that they be subject
immediately to our crown of England, as depending thereof forever;
and that the inhabitants of the said Province, nor any of them,
shall at any time hereafter be compelled or compellable, or be
any ways subject or liable to appear or answer to any matter,
suit, cause or plaint whatsoever, out of the Province 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.
18th. 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, form and ceremonies of the church of England, or take
and subscribe the oaths and articles, made and established in
that behalf, and for that the same, by reason of the remote distances
of these places, will, we hope be no breach of the unity and
uniformity 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 Lord Craven, John Lord Berkley,
Anthony Lord Ashley, Sir George Carteret, Sir William Berkley,
and Sir John Colleton, their heirs and assigns, full and free
license, liberty and authority, by such legal ways and means
as they shall think fit, to give and grant unto such person or
persons, inhabiting and being within the said province, or any
part thereof, who really in their judgments, and for conscience
sake, cannot or shall not conform to the said liturgy and ceremonies,
and take and subscribe the oaths and articles aforesaid, or any
of them, 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 Lord Craven, John Lord Berkley,
Anthony Lord Ashley, Sir George Carteret, Sir William Berkley,
and Sir John Colleton, their heirs or assigns, shall in their
discretion think fit and reasonable; and with this express proviso,
and limitation also, that such person and persons, to whom such
indulgencies and dispensations shall be granted as aforesaid,
do and shall from time to time declare and continue, all fidelity,
lovalty and obedience to us, our heirs and successors, and be
subject and obedient to all other the laws, ordinances, and constitutions
of the said province, in all matters whatsoever, as well ecclesiastical
as civil, and do not in any wise disturb the peace and safety
thereof, or scandalize or reproach the said liturgy, forms and
ceremonies, or anything relating thereunto, or any person or
persons whatsoever, for or in respect of his or their use or
exercise thereof, or his or their obedience and conformity, thereunto.
19th. 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 interpretation be made thereof, and allowed 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 Lord Craven, John Lord Berkley, Anthony
Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir
John Colleton, their heirs and assigns, although express mention
be not made in these presents, of the true yearly value and certainty
of the premises, or any part thereof, or of any other gifts and
grants made by us, our ancestors, or predecessors, to them the
said Edward Earl of Clarendon, George Duke of Albemarle, William
Lord Craven John Lord Berkley, Anthony Lord Ashley, Sir George
Carteret, Sir William Berkley, and Sir John Colleton, or any
other person or persons whatsoever, or any statute, act, ordinance,
provision, proclamation or restraint, heretofore had, made, published,
ordained or provided, or any other thing, cause or matter, whatsoever,
to the contrary thereof, in any wise notwithstanding.
In Witness, &c.
Witness the King, at Westminster, the four and twentieth day
of March, in the fifteenth year of our reign, (1663)
PER IPSUM REGEM.
FOOTNOTES
1 The Colonial Records of North Carolina Edited by William L.
Saunders Vol. I - 1662 to 1712. Raleigh. P. M. Hale Printer to
the state. pp. 20-33 1886.
2 Sir Robert Heath was attorney-general to Charles I, and Bancroft
says: "There is room to believe that, in 1639, permanent
plantations were planned and perhaps attempted by his assign,"
but the patent was declared void in 1663, because the purposes
for which it had been granted had never been fulfilled.
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