THE TWO CHARTERS Granted by King CHARLES IId TO THE PROPRIETORS OF CAROLINA With the First and Last FUNDAMENTAL CONSTITUTIONS OF THAT COLONY LONDON Printed and are to be Sold by Richard Parker at the Vnicorn under the Piazza of the Royal Exchange THE FIRST CHARTER Granted by King CHARLES IId TO THE PROPRIETORS OF CAROLINA CHARLES IId by the Grace of God c. To all to whom these Presents shall come Greeting 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 Berkeley our right Trusty and well-beloved Counsellor Anthony Lord Ashley Chancellor of our Exchequer Sir George Carterett Knight and Baronet Vice-Chamberlain of our Houshold and our Trusty and well-beloved Sir William Berkeley 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 And whereas 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 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 Berkeley Anthony Lord Ashley Sir George Carterett Sir William Berkeley and Sir John Colleton of our special Grace certain Knowledge and meer Motion have given granted and 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 John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir William Berkeley and Sir John Colleton their Heirs and Assigns all that Territory or Tract of Ground scituate lying and being within our Dominions in America extending from the North End of the Island called Lucke 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 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 unto the Country aforesaid And also all the Soil Lands Fields Woods Mountains Ferms 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 discover'd as not discover'd 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 And furthermore the Patronage and Avowsons of all the Churches and Chapels 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 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 within the Countries Isles Islets and Limits aforesaid 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 Berkeley Anthony Lord Ashley Sir George Carterett Sir William Berkeley 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 and 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 VVilliam Lord Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir VVilleam Berkeley and Sir John Colleton their Heirs and Assigns for ever to be holden of Us our Heirs and Successors as of our Mannor of East Greenwich in our County of Kent in free and common Soccage and not in Capite nor by Knâ—ghts Service yeilding 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 for Ever 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 Sixty and Five and also the fourth Part of all Gold and Silver Oar which within the limits aforesaid shall from Time to Time happen to be found And that the Country thus by Us granted and described may be dignifyed by us with as large Titles and Priviledges as any other Parts of our Dominions and Terretories 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 Country and Island into a Province And out of the Fullness of Our Royal Power and Prerogative We do for Us Our Heirs and Successors Erect Incorporate and Ordain the same into a Province and do 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 Berkeley Anthony Lord
Ashley Sir George Carterett Sir William Berkeley and Sir John Colleton their Heirs and Assigns the true Lords and Proprieters 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 Successours 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 Berkeley Anthony Lord Ashley Sir George Carterett Sir William Berkeley 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 or 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 Guke of Albermarle William Lord Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir William Berkeley 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 duely 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 Forreign Dominions by Imposition of Penalties Imprisonment or any other Punishment yea if it shall be needful and the Quality of the Offence requires it by taking away Member and Life either by them 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 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 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 VVilliam Lord Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir William Berkely 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 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 Require Enjoyn 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 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 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 conveniently called as there may be Occasion to require the same We do therefore by these Presents Give and Grant unto 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 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 streightly 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 And to the end the said Province may be the more happily increased 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 unto the said Province with convenient Shipping and â—itting 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 streightly Enjoyn 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 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 Hold Buy and Possess any Lands Tenements or Hereditaments within the same Places and them may Occupy Possess and Enjoy Give Sell Aliene and Bequeath as likewise all Liberties Franchises and Priviledges of this Our Kingdom of England and of other our Dominions aforesaid
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
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
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 VVilliam 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 Letter Patents and these Presents granted or mentioned to be granted as aforesaid with several and distinct Jurisdictions Powers Liberties and Priviledges 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 Proviâ—â—â— 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 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 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 and the said Province or Territory County Barony or Colony 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 forreign 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 VVilliam 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 Judgement or after all Crimes and Offences whatsoever against the said Laws and to do all and every other Thing and Things which unto the â—ompleat Establishment of Justice unto â—oâ—â—ts Sessions and Forms of Judicature and Manners of proceedings therein do belâ—â—g alâ—â—â— in these Presents express 〈…〉 made thereof and by Judges to 〈…〉 process â—â—â—d Pleas and determine 〈…〉 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 agreeeble 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 George Carterett 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 Countys Territorys Baronys 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 command 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 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
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