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 there 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 VVilliam Lord Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir VVilliam Berkeley 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 VVilliam Lord Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir VVilliam Berkley and Sir John Colleton their Heirs and Assigns from Time to Time hereafter for ever at his and their Will and Pleasure may assign alien grant demise or enfeoft the Premises or any Parts or Parcells 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 and Assigns in Fee simple or Fee Tayle or for Term of Life or Lives or Years to be held of them the said Edward Earl of Clarendon George Duke of Albemarle VVilliam Lord Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir William Berkeley 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 VVilliam Lord Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir William Berkeley 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 VVilliam Lord Craven John Lord Berkely Anthony Lord Ashley Sir George Carterett Sir William Berkeley 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 in Fee Tayle or otherwise as to them and the said Earl of Clarendon George Duke of Albemarle William Lord Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir William Berkeley 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 of Quia Emptores Terrae or any other Satute Act Ordinance Use Law Custom or any other Matter Cause or Thing heretofore published or provided to the contrary in any wise notwithstanding And because many Persons born or 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 Willliam Lord Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir William Berkeley and Sir John Colleton their Heirs and Assigns full Power and Authority to give and conferr unto and upon such of the Inhabitants of the said Province as they shall think do or shall merit the same such Marks or Favour and Titles of Honour as they shall think fit so as these Titles of Honour be 〈…〉 conferred upon any the 〈◊〉 of this Our Kingdom of 〈◊〉 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 Berkeley Anthony Lord Ashley Sir George Carterett Sir William Berkeley 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 Borroughs 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 Habiliments 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 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 Burroughs 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 usual or to or within any Corporations within this Our Kingdom of England granted or belonging and in the same Citties Burroughs 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 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 Franck 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 Berkely Anthony Lord Ashley Sir George Carterett Sir William Berkeley 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 Franck 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 Berkeley Anthony Lord Ashley Sir George Carterett Sir William Berkeley and Sir John Colleton or their Heirs or by the Lords of other Mannors and Leets for the Time being when the same shall be Erected And because that in so remote a Country and Scituate among
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 VVilliam 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 be laded or unladed the said Customs to be reasonably assessed to 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 VVilliam Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir John Colleton and Sir VVilliam Berkeley their Heirs and Assigns full and absolute Power License and Authority that they the said Edward Earl of Clarendon George Duke of Albemarle VVilliam Earl Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir John Colleton and Sir VVilliam Berkley 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 Parcell 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 VVilliam 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 VVilliam 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 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 VVilliam Earl of Craven John Lord Berkely 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 William Berkley 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 Satute Act Ordinance Use Law Custom or 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 〈◊〉 Heirs and Assigns full Power and Authority to give and conferr 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 or 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 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 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 Burroughs 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 Burroughs 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 Priviledges requisite or usual or to or within this Our Kingdom of England granted or belonging And in the same Citties Burroughs 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 man 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 Franck Pledge and Courts-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 Berkely Anthony Lord Ashley Sir George Carterett Sir John Colleton and Sir William Berkeley or their Heirs shall be appointed for that purpose
Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir William Berkeley 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 VVestminster the Four and Twentieth Day of March in the Fifteenth Year of Our Reign Per ipsum Regem THE SECOND CHARTER Granted by King CHARLES IId TO THE PROPRIETORS OF CAROLINA CHARLES IId 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 Intirely 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 Territotory or Tract of Ground called Carolina scituate 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 Grantees in the aforesaid Letters Patents named and as a further Mark of Our especial Favour towards them We are Gratiously 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 Scituate lying and being within Our Dominions of America aforesaid extending North and Eastward as far as the North End of Carahtuke River or Gulet upon a streight Westerly Line to Wyonoake Creek which lyes 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 scituate 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 Mettal or any other thing found or to be found within the Province Territory Islets and Limits aforesaid And furthermore the Patronage and Avowsons of all the Churches and Chappels which as Christian Religion shall encrease within the Province Territory Isles 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 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 yeilding 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 Priviledges as any other Parts 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 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
have Power also to make any publick Building or any new High-way or enlarge any old High-way upon any Man's Land whatsoever as also to make Cuts Channels Banks Locks and Bridges for making Rivers Navigable or for draining Fens or any other publick Use The Damage the Owner of such Lands on or through which any such publick Thing shall be made shall receive thereby shall be valued and Satisfaction made by such Ways as the Grand Council shall appoint The Twelve Assistants belonging to this Court shall be called Surveyors § 45. The Chamberlain's Court consisting of a Proprietor and his Six Councellors called Vice-Chamberlains shall have the Care of all Ceremonies Precedency Heraldry Reception of publick Messengers Pedegrees the Registry of all Births Burials and Marriages Legitimation and all Cases concerning Matrimony or arising from it and shall also have Power to regulate all Fashions Habits Badges Games and Sports To this Court also it shall belong to convocate the Grand Council The Twelve Assistants belonging to this Court shall be called Provosts § 46. All Causes belonging to or under the Jurisdiction of any of the Proprietors Courts shall in them respectively be tryed and ultimately determined without any farther Appeal § 47. The Proprietors Courts shall have a Power to mitigate all Fines and suspend all Executions in Criminal Causes either before or after Sentence in any of the other inferior Courts respectively § 48. In all Debates Hearings or Trials in any of the Proprietors Courts the Twelve Assistants belonging to the said Courts respectively shall have Liberty to be present but shall not interpose unless their Opinions be required nor have any Vote at all but their Business shall be by the Direction of the respective Courts to prepare such Business as shall be committed to them as also to bear such Offices and dispatch such Affairs either where the Court is kept or elsewhere as the Court shall think fit § 49. In all the Proprietors Courts the Proprietor and any Three of his Councellors shall make a Quorum provided always That for the better Dispatch of Business it shall be in the Power of the Palatine's Court to direct what sort of Causes shall be heard and determined by a Quorum of any Three § 50. The Grand Council shall consist of the Palatine and Seven Proprietors and the Forty Two Councellors of the several Proprietors Courts who shall have Power to determine any Controversies that may arise between any of the Proprietors Courts about their respective Jurisdictions or between the Members of the same Court about their Manner and Methods of Proceeding To make Peace and War Leagues Treaties c. with any of the Neighbour Indians To issue out their general Orders to the Constable's and Admiral 's Courts for the Raising Disposing or Disbanding the Forces by Land or by Sea § 51. The Grand Council shall prepare all Matters to be proposed in Parliament Nor shall any Matter whatsover be proposed in Parliament but what hath first passed the Grand Council which after having been read Three several Days in the Parliament shall by Majority of Votes be passed or rejected § 52. The Grand Council shall always be Judges of all Causes and Appeals that concern the Palatine or any of the Lords Proprietors or any Councellor of any Proprietor's Court in any Cause which otherwise should have been tried in the Court in which the said Councellor is Judge himself § 53. The Grand Council by their Warrants to the Treasurer's Court shall dispose of all the Money given by the Parliament and by them directed to any particular publick Use § 54. The Quorum of the Grand Council shall be Thirteen whereof a Proprietor or his Deputy shall be always one § 55. The Grand Council shall meet the first Tuesday in every Month and as much oftner as either they shall think fit or they shall be convocated by the Chamberlain's Court. § 56. The Palatine or any of the Lords Proprietors shall have Power under Hand and Seal to be registred in the Grand Council to make a Deputy who shall have the same Power to all Intents and Purposes as he himself who deputes him except in confirming Acts of Parliament as in § 76. and except also in Nominating and Chusing Landgraves and Cassiques as in § 10. All such Deputations shall cease and determine at the End of Four Years and at any Time shall be revocable at the Pleasure of the Deputator § 57. No Deputy of any Proprietor shall have any Power whilst the Deputator is in any Part of Carolina except the Proprietor whose Deputy he is be a Minor § 58. During the Minority of any Proprietor his Guardian shall have Power to constitute and appoint his Deputy § 59. The Eldest of the Lords Proprietors who shall be personally in Carolina shall of Course be the Palatine's Deputy and if no Proprietor be in Carolina he shall chuse his Deputy out of the Heirs Apparent of any of the Proprietors if any such be there and if there be no Heir Apparent of any of the Lords Proprietors above One and Twenty Years old in Carolina then he shall chuse for Deputy any one of the Landgraves at the Grand Council and till he have by Deputation under Hand and Seal chosen any one of the forementioned Heirs Apparent or Landgraves to be his Deputy the Eldest Man of the Landgraves and for want of a Landgrave the Eldest Man of the Cassiques who shall be personally in Carolina shall of Course be his Deputy § 60. Each Proprietor's Deputy shall be always one of his own Six Councellors respectively and in case any of the Proprietors hath not in his Absence out of Carolina a Deputy commissionated under his Hand and Seal the Eldest Nobleman of his Court shall of Course be his Deputy § 61. In every County there shall be a Court consisting of a Sheriff and Four Justices of the County for every Precinct one The Sheriff shall be an Inhabitant of the County and have at least Five Hundred Acres of Freehold within the said County and the Justices shall be Inhabitants and have each of them Five Hundred Acres apiece Freehold within the Precinct for which they serve respectively These Five shall be chosen and commissionated from Time to Time by the Palatine's Court. § 62. For any Personal Causes exceeding the Value of Two Hundred Pounds Sterling or in Title of Land or in any Criminal Cause either Party upon paying Twenty Pounds Sterling to the Lords Proprietors Use shall have Liberty of Appeal from the County Court unto the respective Proprietor's Court. § 63. In every Precinct there shall be a Court consisting of a Steward and Four Justices of the Precinct being Inhabitants and having Three Hundred Acres of Freehold within the said Precinct who shall judge all Criminal Causes except for Treason Murther and any other Offences punishable with Death and except all Criminal Causes of the Nobility and shall judge also all Civil Causes whatsoever and