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His majesty having been graciously pleased, by his charter
bearing date the 24th of March, in the 15th year of his reign,
out of a pious and good intention for the propagation of the
Christian faith amongst the barbarous and ignorant Indians, the
enlargement of his empire and dominions, and enriching of his
subjects, to grant and confirm to us, Edward, earl of Clarendon,
high chancellor of England, George, duke of Albemarle, master
of his majesty's horse and captain-general of all his forces,
William, Lord Craven, John, Lord Berkeley, Anthony, Lord Ashley,
chancellor of his majesty's exchequer, Sir George Carteret, knight
and baronet, vice-chamberlain of his majesty's household, William
Berkeley, knight, and Sir John Colleton, knight and baronet,
and all that territory or tract of ground with the islands and
islets situate, lying, and being in his dominions in America,
extending from the north end of the island called Lucke Island,
which lieth in the Southern Virginia sea, and within 36 degrees
of the northern latitude, and to the west as far as the South
seas, and so southwardly as far as the river St. Matthias, which
bordereth upon the coast of Florida, and within ---- degrees
of the northern latitude; in pursuance of which grant, and with
a clear and good intention to make those parts useful and advantageous
to his majesty and his people; we do hereby declare and propose
to all his majesty's loving subjects wheresoever abiding or residing,
and do hereby engage inviolably to perform and make good those
ensuing proposals in such manner as the first undertakers of
the first settlement shall reasonable desire.
1. If the first colony will settle on Charles River near Cape
Fear, which seems to be desired, it shall be free for them to
do so on the larboard side entering [south side]. If in any other
of the territory, then to choose either side, if by a river;
we reserving to ourselves twenty thousand acres of land, to be
bounded and laid out by our agents in each settlement, in such
places as they shall see fit, and in such manner that the colony
shall not be thereby incommoded or weakened; which we intend
by our agents or assignees in due time to settle and plant they
submitting to the government of that colony.
2. That the first colony may have power, when desired, at
their own charge to fortify the entrance of the river, as also
the sea-coast and island; they engaging to be true and faithful
to his majesty, his heirs and successors, by some oath or engagement
of their own framing.
3. That the undertakers of that settlement do, before they
or arty of them repair thither to settle, present to us thirteen
persons of those that intend to go, of which number we shall
commissionate one to be Governor, for three years from the date
of his commission, and six more of the thirteen to be of his
council, the major part of which number, the Governor or his
deputy to be one, to govern for the time aforesaid; and will
also nominate successors to the Governor, who shall be of the
six councillors aforesaid, to succeed in the government, in case
of death or removal; and likewise councillors out of the remaining
six of the thirteen to succeed in case of death or removal of
any of the councillors, and after the expiration of the first
three years, and so successively for every three years. Upon
or before the 25th day of March, before the expiration of the
time of the Governor in, being a new presentment by the freeholders
of the colony, or by such persons as they shall constitute, to
be made of the thirteen persons, four of which shall consist
of those that shall be in the government at the time of the election
of the thirteen, out of which we will upon or before the 10th
day of April following declare and commissionate a Governor and
six councillors with their respective successors in case and
manner as aforesaid.
4. We shall, as far as our charter permits us, empower the
major part of the freeholders, or their deputies or assembly-men,
to be by them chosen out of themselves, viz: two out of every
tribe, division, or parish, in such manner as shall be agreed
on, to make their own laws, by and with the advise and consent
of the Governor and council, so as they be not repugnant to the
laws of England, but, as near as may be, agreeing with them in
all civil affairs, with submission to a superintendency of a
general council, to be chosen out of every government of the
province, in manner as shall be agreed on for the common defence
of the whole; which laws shall, within one year after publication,
be presented to us to receive our ratification, and to be in
force until said ratification be desired and by us certified;
but if once ratified, to continue until repealed by the same
power, or by time expired.
5. We will grant, in as ample manner as the undertakers shall
desire, freedom and liberty of conscience in all religious or
spiritual things, and to be kept inviolably with them, we having
power in our charter so to do. -
6 We will grant the full benefit of these immunities to the
undertakers and settlers which, by the charter, is granted to
us (for our services to his majesty) in relation to freedom of
customs, of tools of ail sorts useful there, to be exported from
England for the planters' use; and of certain growths of the
plantations, as wine, oil, raisins of all sorts, olivers, capers,
wax, currants, almonds, and silks, to be imported into any of
his majesty's dominions for seven years for each commodity, after
four tons of every respective species is imported as aforesaid
in one bottom.
7. We will grant to every present undertaker for his own head,
one hundred acres of land, to him and his heires forever, to
be held in free and common soccage; and for every man-servant
that he shall bring or sent thither, that is fit to bear arms,
armed with a good firelock inusket, performed bore, twelve bullets
to the pound, and with twenty pounds of powder and twenty pounds
of bullets, fifty acres of land; and for every woman-servant
thirty acres; and to every man-servant that shall come within
that time, ten acres after the expiration of his time; and to
every woman-servant six acres after the expiration of her time.
Note that we intend not hereby to be obliged to give the proportions
of lands above mentioned to masters and servants, longer than
in the first five years, to commence at the beginning of the
first settlement.
8. We will enjoin the Governor and council to take care that
there lie always one man armed and provided as aforesaid in the
colony for every fifty acres which we shall grant, and that there
be a supply to make up the number in case of death or quitting
the colony by the owners of said lands within twelve months after
giving notice of the defect.
In consideration of the premises, we do expect by wav of acknowledgment,
and towards the charge we have been and shall be at, one half-penny
for every acre that shall be granted as aforesaid, within the
time before limited and expressed; and that the court-houses
and houses for public meetings be erected by the public moneys
of the colony on the lands taken up by us; but to be and continue
to the country's use forever, they paying some small acknowledgement.
Given under our hands this twenty-fifth day of August, Anno
Domini, 1663.
1 Text in the Colonial Records of North Carolina, Edited by
William C. Saunders, (Raleigh, 1886) Vol. I, pp. 43-46.
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