THE CHARTER OF THE BAHAMA Islands 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 presents shall come greeting KNOW YEE That We for divers good Causes and Considerations us hereunto especially moving of our especial Grace certain Knowledge and meer Motion HAVE Given and Granted and by these Presents for us our Heirs and Successors DO Give and Grant unto our Right trusty and Right intirely Beloved Cosen Christopher Duke of Albemarle our Right trusty and Right Well-beloved Cosen and Councellour William Earl of Craven our Right trust and Well-beloved Councellours John Lord Berkeley Anthony Lord Ashley Chancellour and Under-Treasurer of our Exchequer Sir George Carterett Knight and Baronet Vice-Chamberlain of our Houshold and our Trusty and Well-beloved Sir Peter Colleton Baronet their Heirs and Assigns All those Islands called Bahama The Bounds Clentheria Vianis Providence Inagua and all other those Islands lying in the Degrees of Twenty and two to Twenty and seven North Latitude commonly known by the Name of the Bahama Islands or the Islands of the Lucayes Together with all and singular Ports Harbours Bays Rivers and Islets belonging unto the Islands 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 Together with the Royalty of the Sea upon the Coast within the Limits aforesaid And moreover All Vains Mines and Quarries as well discovered as not discovered of Gold Silver Gems precious Stones and all other whatsoever be it of Stones Mettals or any other thing whatsoever found or to be found within the Islands and Limits aforesaid And furthermore The Patronage and Avowsons of all the Churches and Chapels which as Christian Religion shall increase within the Islands Isles Islets and Limites aforesaid shall happen hereafter to be Erected together with License and Power to Build and Found Churches Chapels 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 with in the Islands Isles Islets and Limits aforesaid To Have Jurisdict of a Count Palatine 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 Held Used or Enjoyed or of Right ought or could Have Use or Enjoy And them The said Christopher Duke of Albemarle William Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett and Sir Peter 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 and Proprietors of the said Islands and of all other the Premises saving always the Faith Allegiance and Soveraign Dominion due to us our Heirs and Successors for the same To Have and to Hold Possess and Enjoy the said Islands Isles Islets and all and singular other the Premises unto them the said Christopher Duke of Albemarle William Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett and Sir Peter Colleton their Heirs and Assigns for ever To be Holden of us our Heirs and Successors Tenure as of our Mannor of East-Greenwick in our County of 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 Gold and Silver Oar which within the Limits hereby granted shall from time to time happen to be found And also Yeilding and paying to us our Heirs and Successors as often as we or they shall happen to come or enter in to the said Islands one Pound of fine Silver And forasmuch as we have Made and Ordained the aforesaid Christopher Duke of Albemarle William Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett and Sir Peter Colleton their Heirs and Assigns the True Lords and Proprietors of the Islands 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 Vertue of these Presents to them the said Christopher Duke of Albemarle William Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett and Sir Peter Colleton and their Heirs and Assigns for the good and happy Government of the said Islands full Power and Authority to Erect Constitute and make several Counties Baronies and Colonies of and within the aforesaid Islands Lands and Hereditaments in and by these Presents granted or mentioned to be granted as aforesaid with several and distinct Jurisdictions Power Liberties and Priviledges And also to Make Ordain and Enact and under their Seals to publish any Laws and Constitutions whatsoever either appertaining to the Publick Estate of the said Islands 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 Free-Men of the said Islands or of the Free-Men of the County Barony or Colony for which such Laws or Constitution shall be made 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 Christopher Duke of Albemarle William Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett and Sir Peter Colleton and their Heirs and Assigns shall from time to time Assembled in such Manner and Form as to them shall seem best and the same Law duely to Execute upon the People within the said Islands County Barony or Colony and the Limits thereof for the time being or which shall be Constituted under the Power or Government of them or any of them either sailing towards the said Islands or returning from thence towards England or any other of ours or Forreign Dominions by Imposition of Penalty 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 Christopher Duke of Albemarle William Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir Georege Carterett and Sir Peter Colleton and their Heirs or by them or their Deputies Lieutenants Judges Justices Magistrates Officers and Ministers to be Ordained or Appointed according to the Tenor and true intention of these Presents And likewise to Erect and make any Court or Courts whatsoever of Judicature or otherwise as shall be requisite and to Appoint and Establish
any Judges or Justices Magistrates or Officers whatsoever as well within the said Islands as at Sea in such Manner and Form as unto the said Christopher Duke of Albemarle William Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett and Sir Peter Colleton or their Heirs shall seem most convenient Also to Remit Release Pardon and Abolish either 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 is not made thereof and by Judges 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 as Civil Real Mixt Personal or of any other kind or nature whatsoever which Laws so as aforesaid to be Published Our will and pleasure is and we do enjoyn require and command shall be absolute Firm and Available in Law and that all the Leige People of us our Heirs and Successors within the said Islands 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 Kingdom of England And because such Assemblies of Free-holders cannot be so suddainly called as there may be occasion to require the same We do therefore by these Presents Give and Grant unto the said Christopher Duke of Albemarle William Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett and Sir Peter 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 wholsome Orders and Ordinances within the aforesaid Islands 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 Ordinance we do by these Presents strictly Charge and Command to be inviolably observed within the said Islands 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 Rights or Interest of any Person or Persons in their Free-hold Goods or Chattels whatsoever And to the end the said Islands 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 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 Succenors 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 Island 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 wife notwithstanding And we will also and of our more especial Grace for us our Heirs and Successors do strictly Enjoyn Ordain Constitute and Command that the said Islands 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 Islands and the Children of them and such as shall descend from them there born or hereafter to be born be and shall be Denizons and Leiges of us our Heirs and Successors of this our Kingdom of England and be in all things Held Treated and Reputed as the leige 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 have hold buy and possess any Lands Tenements or Hereditaments within the said Places and them may Occupy and Enjoy Give Sell Alien and Bequeath As likewise all Liberties Franchises and Privileges of this our Kingdom of England and of other our Dominions aforesaid may freely and quietly have Possess and Enjoy as our leige People born within the same without the molestation lett vexation trouble or grievance of us our Heirs and Successors any Statute Act Ordinance or Provisions to the contrary notwithstanding And farthermore that our Subjects of this our said Kingdom of England and other our Dominions may be the rather incouraged to undertake this Expedition with ready and cheerful mind Know Yee That we of our especial Grace certain Knowledg and meer Motion do Give and Grant by vertue of these Presents as well as to the said Christopher Duke of Albemarle William Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett and Sir Peter Colleton and their Heirs as unto all others as shall from time to time repair unto the said Islands with a purpose to inhabit there or to trade with the Natives thereof free Liberty and License to Lade and Fraight in any Ports whatsoever of us our Heirs and Successors License to transport Goods and Merchandise and into the said Islands by them then Servantsand Assigns to transport all and singular their Goods Wares and Merchandizes as likewise all sorts of Grain whatsoever and any other Thing whatsoever necessary for their Food and Cloathing not prohibited by the Laws and Statutes of our Kingdoms 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 and 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 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 Christopher Duke of Albermarle William Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett and Sir Peter Colleton their Heirs and Assigns and to all the Inhabitants and Dwellers in the Islands aforesaid both present and to come full Power and absolute 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 Islands either by Land or Sea into any the Ports of us our Heirs and
the said Christopher Duke of Albemarle William Earl of Craven Power to Confer Honour John Lord Berkeley Anthony Lord Ashley Sir George Carterett and Sir Peter Colleton their Heirs and Assigns full Power and Authority to Give and Confer unto and upon such of the Inhabitants of the said Islands 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 those Titles or Honour be not the same as are enjoyned by or conferred upon any the Subjects of this our Kingdom of England And further also we do by the Presents for us our Heirs and Successors Give and Grant License to them the said Christopher Duke of Albemarle William Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett and Sir Peter Colleton their Heirs and Assigns full Power Liberty and License to Erect Raise and Build within the said Islands 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 fortifie and furnish with Ordinance Powder Shot Armour and all other Weapons Amunition and Habiliments of War both Offensive and Defensive as shall be thought fit and convenient for the safety and welfare of the said Islands 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 Millitary as to them shall seem meet And to the said Cities Boroughs Towns Villages or any other Place or Places within the said Islands 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 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 Islands aforesaid or any part thereof so many Mannors with such Seigniories as to them shall seem meet and convenient and in every of the said Mannors To Have and hold a Court Baron with all things whatsoever which to a Court-Baron do belong And To Have and to hold Viewes of Franck-Pledge and Court-Leet for the Conservation of the Peace and better Government of those Parts with such Limits Jurisdictions and Precincts as by the said Christopher Duke of Albemarle William Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett and Sir Peter 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 same Courts to be Holden by Stewards to be deputed and Authorized by the said Christopher Duke of Albemarle William Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett and Sir Peter Colleton or their Heirs or 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 Salvages or other Enemies Pirats and Robbers may probably be feared Therefore we have given and for us our Heirs and Successors do give Power by these Prsents unto the said Christopher Duke of Albemarle Power to make War William Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett and Sir Peter Colleton their Heirs and Assigns by themselves or their Captains or other Officers to Leavy Muster and Train all sorts of Men of what Condition soever or wheresoever born whether in the said Islands or elsewhere for the time being and to make War and to pursue the Enemies aforesaid as well by Sea as by Land Yea even without Limits of the said Islands and by Gods 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 any Army belongeth or hath accustomed to belong as fully and freely as any Captain General of an Army hath ever had the same Also our Will and Pleasure is and by this our Charter we do give unto the said Christopher Duke of Albemarle William Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett and Sir Peter 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 Islands 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 authority 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 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 And our further pleasure is and by these Presents for us our Heirs and Successors We do Grant unto the said Christopher Duke of Albemarle William Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett and Sir Peter Colleton their Heirs and Assigns and to the Tenants and Inhabitants of the said Islands both present and to come and to every of them that the said Islands 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 seperated and divided from the same And our Will and Pleasure is by these Presents that they be seperated and that they be subject immediately to our Crown of England as depending thereof for ever And that the Inhabitants of the said Islands nor any of them shall at any time hereafter be compelled or compellable or by any ways subject or liable to appear or answer to any Matter Suit Cause or Plaint whatsoever out of the Islands aforesaid in any other of our Islands Colonies or Dominions in America or elsewhere