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
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 said Places and them may occupy and enjoy sell alien and bequeath as likewise all Liberties Franchises and Priviledges of this our Kingdom 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 Vexation Trouble or Grievance of Us Our Heirs and Successors any Act Statute Ordinance Provision to the contrary notwithstanding And furthermore That Our Subjects of this Our said Kingdom of England and other our Dominions may be the rather encouraged to undertake this Expedition with ready and chearful Means Know Ye That We of Our especial Grace certain Knowledge and meer Motion do give and grant by virtue of these Presents as well to the said Edward Earl of Clarendon George Duke of Albemarle William Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir John Colleton and Sir William Berkeley and their Heirs as unto all others as shall from Time to Time repair unto the said Province or Territory with a Purpose to in habit there or to trade with the Natives thereof Full Liberty and License to lade and freight in every Port whatsoever of Us our Heirs and Successors and into the said Province of Carolina by them their Servants and Assigns to transport all and singular their Goods Wares and Merchandizes as likewise all sort of Grain whatsoever and any other Thing whatsoever necessary for their Food and Cloathing not prohibited by the Laws and Statutes of our Kingdom 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 or 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 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 and to all the Inhabitants and Dwellers in the Province or Territory 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 Province or Territory either by Land or Sea into any the Ports of Us our Heirs and Successors in our Kingdom of England Scotland or Ireland or otherwise to dispose of the said Goods in the said Ports And if need be within one Year next after the unlading to lade the said Merchandizes and Goods again into the same or other Ships and to export the same into any other Countrys either of our Dominions or forreign being in Amity with Us our Heirs and Successors so as they pay such Customs Subsidies and other Duties for the same to Us our Heirs and Successors as the rest of our Subjects of this our Kingdom for the Time being shall be bound to pay Beyond which We will not that the Inhabitants of the said Province or Territory shall be any ways charged Provided nevertheless and our Will and Pleasure is and We have further for the Considerations aforesaid of our 〈…〉 certain Knowledge and meer Motion given and granted and by these Presents for 〈…〉 Heirs and Successors do 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 full and free License Liberty Power and Authority at any Time or Times from and after the Feast of Sâ— Michael the Arch-Angel which shall be in the Year of our Lord Christ One Thousand Six Hundred Sixty and Seven as weâ—â— to import and bring into any our Dominions from the said Province of Carolina or any Part thereof the several Goods and Commodities herein after mentioned That is to say Silks Wines Currants Raysons Capers Wax Almonds Oyl and Olives without paying or answering to Us our Heirs and Successors any Custom Impost or other Duty for or in respect thereof for an during the Time and Space of Seven Years to commence and be accompted from and after the first Importation of Four Tons of any the said Goods in any one Bottom Ship or Vessel from the said Province or Territory into any of our Dominions as also to export and carry out of any of our Dominions into the said Province or Territory Custom-free all sorts of Tools which shall be useful or necessary for the Planters there in the Accomodation and Improvement of the Premises any thing before in these Presents contained or any Law Act Statute Prohibibition or other Matter or Thing heretofore had made enacted or provided or hereafter to be had made enacted or provided in any wise notwithstanding And furthermore of our more ample and especial Grace certain Knowledge and meer Motion We do for Us our Heirs and Successors grant unto the said Edward Earl of Clarendon George Duke of Albemarle 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 and Authority to make erect and constitute within the said Province or Territory and the Isles and Islets aforesaid such and so many Sea-Ports Harbours Creeks and other Places for discharge and unlading of Goods and Merchandizes out of Ships Boats and other Vessels and for lading of them in such and so many Places 〈…〉 such Jurisdictions Priviledges and Franchises unto the said Ports belonging as to them shall seem most exped 〈…〉 And 〈…〉 ngular the Ships Boats and other Vessels which shall come for Merchandizes and trade into the said Province or Territory or shall depart out of the same shall be laden and unladen at such Ports only as shall be erected and constituted by the said Edward Earl of Clarendon George Duke of Albemarle VVilliam Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir John Colleton and Sir William Berkley their Heirs and Assigns and not elsewhere any Use Custom or any thing to the contrary in any wise notwithstanding And We do furthermore will appoint and ordain and by these Presents for Us our Heirs and Successors do grant unto the said Edward Earl of Clarendon George Duke of Albemarle William Earl of Craven John Lord Berkely Anthony Lord Ashley Sir George Carterett Sir John Colleton and Sir William Berkeley their Heirs
so many Barbarous Nations and the Invasions as well of Salvages as other Enemies Pirates and Robbers may probably be feared Therefore We have Given and for Us Our Heirs and Successors do give Power by these Presents unto the said Edward Earl of Clarendon George Duke of Albemarle William Lord Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir William Berkeley and Sir John Colleton their Heirs and Assigns by themselves or their Captains or other their Officers to Levy Muster and Train all sorts of Men of what Condition or wheresoever Born in the said Province for the Time being and to make War and pursue the Enemies aforesaid as well by Sea as by Land yea even within the Limits of the said Province and by God's Assistance to Vanquish and Take them and being Taken to put them to Death by the Law of War or to save them at their Pleasure and to do all and every other thing which unto the Charge and Office of a Captain General of an Army belongeth or hath accustomed to belong as fully and freely as any Captain General of an Army hath ever had the same Also Our Will and Pleasure is and by this Our Charter we give unto the said Edward Earl of Clarendon George Duke of Albemarle William Lord Craven John Lord Berkeley Anthony Lord Ashley Sir Gorge Carterett Sir William Berkeley and Sir John Colleton their Heirs and Assigns full Power Liberty and Authority in Case of Rebellion Tumult or Sedition if any should happen which God forbid either upon the Land within the Province aforesaid or upon the main Sea in making a Voyage thither or returning from thence by him and themselves their Captains Deputies or Officers to be authorized under his or their Seals for that purpose To whom also for Us our Heirs and Successors We do give and grant by these Presents full Power and Authority to exercise Martial Law against mutinous and seditious Persons of those Parts such as shall refuse to submit themselves to their Government or shall refuse to serve in the Wars or shall fly to the Enemy or forsake their Colours or Ensigns or be Loyterers or Straglers or otherwise howsoever offending against Law Custom or Discipline Military as freely and in as ample Manner and Form as any Captain General of an Army by virtue 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 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 and to the Tenants and Inhabitants of the said Province of Carolina both present and to come and to every of them that the said Province and the Tennants and Inhabitants thereof shall not from henceforth be held or reputed a Member or Part of any Collony whatâ—oever 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 separated and divided from the same And our Pleasure is by these Presents That they be separated and that they be subject immediately to our Crown of England as depending thereof for ever And that the Inhabitants of the said Province nor any of them shall at any Time hereafter be compelled or compellable or be any ways subject or liable to appear or answer to any Matter Suit Cause or Plaint whatsoever out of the Province aforesaid in any other of our Islands Collonies or Dominions in America or elsewhere other than in our Realm of England and Dominion of Wales And because it may happen That some of the People and Inhabitants of the said Province cannot in their private Opinions conform to the Publick Exercise of Religion according to the Liturgy Form and Ceremonies of the Church of England or take and subscribe the Oaths and Articles made and established in that Behalf And for that the same by reason of the remote Distances of these placees will we hope be no Breach of the Unity and Uniformity Established in this Nation Our Will and Pleasure therefore is and We do by these Presents for Us Our Heirs and Successors Give and Grant unto the said Edward Earl of Clarendon George Duke of Albemarle William Lord Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir William Berkeley and Sir John Colleton their Heirs and Assigns full and free License Liberty and Authority by such Legal Ways and Means as they shall think fit to Give and Grant unto such Person and Persons Inhabiting and being within the said Province or any Part thereof who really in their Judgments and for Conscience sake cannot or shall not Conform to the said Liturgy and Ceremonies and take and subscribe the Oaths and Articles aforesaid or any of them such Indulgences and Dispensations in that Behalf for and during such Time and Times and with such Limitations and Restrictions as they the said Edward Earl of Clarendon George Duke of Albemarle William Lord Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir VVilliam Berkely and Sir John Colleton their Heirs or Assigns shall in their Discretion think fit and reasonable and with this Express Proviso and Limitation also that such Person and Proviso to whom such Indulgencies and Dispensations shall be Granted as aforesaid do and shall from Time to Time Declare and continue all Fidelity Loyalty and Obedience to Us Our Heirs and Successors and be Subject and Obedient to all other the Laws Ordinances and Constitutions of the said Province in all Matters whatsoever as well Ecclesiastical as Civil and do not in any wise Disturb the Peace and Safety thereof or Scandalize or Reproach the said Liturgy Forms and Ceremonies or any Thing relating thereunto or any Person or Persons whatsoever for or in respect of his or their Use or Exercise thereof or his or their Obedience or Conformity thereunto And in Case it shall happen That any Doubts or Questions should arise concerning the True Sense and Understanding of any Word Clause or Sentence contained in this Our Present Charter We will Ordain and Command that at all Times and in all Things such Interpretation be made thereof and allow'd in all and every of Our Courts whatsoever as Lawfully may be Adjudged most Advantageous and Favourable to the said Edward Earl of Clarendon George Duke of Albemarle William Lord Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir William Berkeley and Sir John Colleton their Heirs and Assigns although Express Mention be not made in these Presents of the True Yearly Value and Certainty of the Premises or any part thereof or of any other Gifts and Grants made by Us our Ancestors or Predecessors to them the said Edward Earl of Clarendon George Duke of Albemarle VVilliam Lord Craven John
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
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 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 or their Heirs 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 Scituate among so many Barbarous Nations the Invasions as well of Salvages as other Enemies Pirates and Robbers may probably be feared Therefore We have Given and for Us Our Heirs and Successors do give Power by these Presents unto the said Edward Earl of Clarendon George Duke of Albemarle William Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir John Colleton and Sir William Berkeley their Heirs or Assigns by themselves or their Captains or other Officers to Levy Muster and Train up all sorts of Men of what Condition soever or wheresoever Born whether in the said Province or elsewhere for the Time being And to make War and pursue the Enemies aforesaid as well by Sea as by Land yea even without the Limits of the said Province and by God's Assistance to Vanquish and Take them and being Taken to put them to Death by the Law of War 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 an Army belongeth or hath accustomed to belong as fully and freely as any Captain General of an Army hath had the same Also Our Will and Pleasure is and by this Our Charter We do give and grant unto the said Edward Earl of Clarendon George Duke of Albemarle William Lord Craven John Lord Berkeley Anthony Lord Ashley Sir Gorge Carterett Sir John Colleton and Sir William Berkeley their Heirs and Assigns full Power Liberty and Authority in Case of Rebellion Tumult or Sedition if any should happen which God forbid either upon the Land within the Province aforesaid or upon the main Sea in making a Voyage thither or returning from thence by him and themselves their Captains Deputies or Officers to be authorized under his or their Seals for that purpose To whom also for Us our Heirs and Successors We do give and grant by these Presents full Power and Authority to exercise Martial Law against mutinous and seditious Persons of those Parts such as shall refuse to submit themselves to their Government or shall refuse to serve in the Wars or shall fly to the Enemy or forsake their Colours or Ensigns or be Loyterers or Straglers or otherwise howsoever offending against Law Custom or Military Discipline as freely and in as ample Manner and Form as any Captain General of an Army by virtue 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 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 and to the Tenants and Inhabitants of the said Province or Territory both present and to come and to every of them that the said Province or Territory and the Tennants and Inhabitants thereof shall not from henceforth be held or reputed any Member or Part of any Collony 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 separated and divided from the same And our Pleasure is by these Presents That they be separated and that they be subject immediately to our Crown of England as depending thereof for ever And that the Inhabitants of the said Province or Territory nor any of them shall at any Time hereafter be compelled or compellable or be any ways subject or liâ—â—â—â— to appear or answer to any Matter Suit Cause or Plaint whatsoever out of the Province or Territory aforesaid in any other of our 〈◊〉 Collonies or Dominions in America or elsewhere other than in our 〈◊〉 of England and Dominion of Wales And because it may happen That some of the People and Inhabitants of the said Province cannot in their private Opinions conform to the Publick Exercise of Religion according to the Liturgy Forms and Ceremonies of the Church of England or take or subscribe the Oaths and Articles made and established in that Behalf And for that the same by reason of the remote Distances of those Places will as we hope be no Breach of the Unity and Conformity Established in this Nation Our Will and Pleasure therefore is and We do by these Presents for Us Our Heirs and Successors Give and Grant unto the said Edward Earl of Clarendon George Duke of Albemarle William Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir John Colleton and Sir William Berkeley their Heirs and Assigns full and free Licence Liberty and Authority by such Ways and Means as they shall think fit To Give and Grant unto such Person and Persons Inhabiting and being withi the said Province or Territory hereby or by the said recited Letters Patents mentioned to be granted as aforesaid or any Part thereof such Indulgencies and Dispensations in that Behalf for and during such Time and Times and with such Limitations and Restrictions as they the said Edward Earl of Clarendon George Duke of Albemarle William Earl of Craven John Lord Berkeley Anthony Lord Ashley Sir George Carterett Sir John Colleton and Sir VVilliam Berkely their Heirs or Assigns shall in their Discretion think fit and reasonable And that no Person or Persons unto whom such Liberty shall be given shall be any way molested punished disquieted or called in question for any Differences in Opinion or Practise in Matters of Religious Concernment who do not actually disturb the civil Peace of the Province County or Colony that they shall make their abode in But all and every such Person and Persons may from Time to Time and at all Times freely and quietly have and enjoy his and their Judgments and Consciences in Matters of Religion throughout all the said Province or Colony they behaving them selves peaceably and 〈◊〉 this Liberty to Licentiousness nor to the Civil Injury or outward Disturbance of others Any Law Statute or Clause contained or to be contained 〈◊〉 or Customs of our Realm of England to the contrary hereof any 〈◊〉 notwithstanding And in Case it shall happen That any Doubts or Questions should arise concerning the True Sense and Understanding of any Word Clause or Sentence contained in this Our Present Charter We will Ordain and Command that at all Times and in all Things such Interpretations be made thereof and allow'd in
Dignity with the Baronies thereunto annexed before the Second biennial Parliament after such Devolution the next biennial Parliament but one after such Devolution shall have Power to make any one Landgrave or Cassique in the Room of him who dying without Heirs his Dignity and Baronies devolved § 13. No one Person shall have more than one Dignity with the Signiores or Baronies thereunto belonging But whensoever it shall happen that any one who is already Proprietor Landgrave or Cassique shall have any of these Dignities descend to him by Inheritance it shall be at his Choice to keep which of the Dignities with the Lands annexed he shall like best but shall leave the other with the Lands annexed to be enjoyed by him who not being his Heir Apparent and certain Successor to his present Dignity is next of Blood § 14. Whosoever by Right of Inheritance shall come to be Landgrave or Cassique shall take the Name and Arms of his Predecessor in that Dignity to be from thenceforth the Name and Arms of his Family and their Posterity § 15. Since the Dignity of Proprietor Landgrave or Cassique cannot be divided and the Signiories or Baronies thereunto annexed must for ever all entirely descend with and accompany that Dignity whensoever for want of Heirs Male it shall descend on the Issue Female the eldest Daughter and Heirs shall be preferred and in the Inheritance of those Dignities and in the Signiories or Baronies annexed there shall be no Co-heirs § 16. In every Signiory Barony and Mannor the respective Lord shall have Power in his own Name to hold Court-Leet there for Trying of all Causes both Civil and Criminial but where it shall concern any Person being no Inhabitant Vassal or Leetman of the said Signiory Barony or Mannor he upon paying down of Forty Shillings to the Lords Proprietors use shall have an Appeal from the Signiory or Barony Court to the County Court and from the Mannor Court to the Precinct Court § 17. Every Mannor shall consist of not less than Three Thousand Acres and not above Twelve Thousand Acres in one entire Piece and Colony but any Three Thousand Acres or more in one Piece and the Possession of one Man shall not be a Mannor unless it be constituted a Mannor by the Grant of the Palatine's Court. § 18. The Lords of Signiories and Baronies shall have Power only of granting Estates not exceeding Three Lives or Thirty One Years in Two Thirds of the said Signiories or Baronies and the remaining Third shall be always Demesne § 19. Any Lord of a Mannor may alienate sell or dispose to any other Person and his Heirs for ever his Mannor all entirely together with all the Privileges and Leetmen thereunto belonging so far forth as any other Colony Lands but no Grant of any part thereof either in Fee or for any longer Term than Three Lives or One and Twenty Years shall be good against the next Heir § 20. No Mannor for want of Issue Male shall be divided amongst Co-heirs but the Mannor if there be but one shall all entirely descend to the eldest Daughter and her Heirs If there be more Mannors than one the eldest Daughter first shall have her Choice the Second next and so on beginning again at the Eldest till all the Mannors be taken up that so the Privileges which belong to Mannors being indivisible the Lands of the Mannors to which they are annexed may be kept entire and the Mannor not lose those Privileges which upon parcelling out to several Owners must necessarily cease § 21. Every Lord of a Mannor within his Mannor shall have all the Powers Jurisdictions and Privileges which a Landgrave or Cassique hath in his Baronies § 22. In every Signiory Barony and Mannor all the Leet-Men shall be under the Jurisdiction of the respective Lords of the said Signiory Barony or Mannor without Appeal from him Nor shall any Leet-Man or Leet-Woman have Liberty to go off from the Land of their particular Lord and live any where else without License obtained from their said Lord under Hand and Seal § 23. All the Children of Leet-Men shall be Leet-Men and so to all Generations § 24. No Man shall be capable of having a Court-Leet or Leet-Men but a Proprietor Landgrave Cassique or Lord of a Mannor § 25. Whoever shall voluntarily enter himself a Leet-Man in the Registry of the County Court shall be a Leet-Man § 26. Whoever is Lord of Leet-Men shall upon the Marriage of a Leet-Man or Leet-Woman of his give them Ten Acres of Land for their Lives they paying to him therefore not more than one Eighth part of all the Yearly Produce and Growth of the said Ten Acres § 27. No Landgrave or Cassique shall be try'd for any Criminal Cause in any but the Chief-Justice's Court and that by a Jury of his Peers § 28. There shall be Eight Supreme Courts The First called The Palatine's Court consisting of the Palatine and the other Seven Proprietors The other Seven Courts of the other Seven Great Officers shall consist each of them of a Proprietor and Six Councellors added to him Under each of these latter Seven Courts shall be a College of Twelve Assistants The Twelve Assistants of the several Colleges shall be chosen Two out of the Landgraves Cassiques or eldest Sons of Proprietors by the Palatine's Court Two out of the Landgraves by the Landgraves Chamber Two out of the Cassiques by the Cassiques Chamber Four more of the Twelve shall be chosen by the Commons Chamber out of such as have been or are Members of Parliament Sheriffs or Justices of the County Court or the younger Sons of Proprietors or eldest Sons of Landgraves of Cassiques the Two other shall be chosen by the Palatine's Court out of the same Sort of Persons out of which the Commons Chamber is to chuse § 29. Out of these Colleges shall be chosen at first by the Palatine's Court Six Councellers to be joined with each Proprietor in his Court of which Six one shall be of those who were chosen into any of the Colleges by the Palatine's Court out of the Landgraves Cassiques or eldest Sons of Proprietors one out of those who were chosen by the Landgraves Chamber and one out of those who were chosen by the Cassiques Chamber Two out of those who were chosen by the Commons Chamber and one out of those who were chosen by the Palatine's Court out of the Proprietors younger Sons or eldest Sons of Landgraves Cassiques or Commons qualified as aforesaid § 30. When it shall happen that any Councellor dies and thereby there is a Vacancy the Grand Council shall have Power to remove any Councellor that is willing to be removed out of any of the Proprietors Courts to fill up the Vacancy provided they take a Man of the same Degree and Choice the other was of whose vacant Place is to be filled up But if no Councellor consent to be removed or upon such Remove the last remaining
of Communion set down the external Way whereby they witness a Truth as in the Presence of GOD whether it be by laying Hands on or kissing the Bible as in the Church of England or by holding up the Hand or any other sensible Way § 101. No Person above seventeen Years of Age shall have any Benefit or Protection of the Law or be capable of any Place of Profit or Honour which is not a Member of some Church or Profession having his Name Recorded in some one and but one Religious Record at once § 102. No Person of any other Church or Profession shall disturb or molest any Religious Assembly § 103. No Person whatsoever shall speak anything in their Religions Assembly irreverently or seditiously of the Government or Governours or State-Matters § 104. Any Person subscribing the Terms of Communion in the Record of the said Church or Profession before the Precinct Register and any five Members of the said Church or Profession shall be thereby made a Member of the said Church or Profession § 105. Any Person striking out his own Name out of any Religious Record or his Name being struck out by any Officer thereunto authorized by each Church or Profession respectively shall cease to be a Member of that Church or Profession § 106. No Man shall use any reproachful reviling or abusive Language against the Religion of any Church or Profession that being the certain way of disturbing the Peace and of hindring the Conversion of any to the Truth by engaging them in Quarrels and Animosities to the hatred of the Professors and that Profession which otherwise they might be brought to assent to § 107. Since Charity obliges us to wish well to the Souls of all Men and Religion ought to alter nothing in any Man 's Civil Estate or Right it shall be lawful for Slaves as well as others to enter themselves and be of what Church or Profession any of them shall think best and thereof be as fully Members as any Freeman But yet no Slave shall hereby be exempted from that Civil Dominion his Master hath over him but be in all other Things in the same State and Condition he was in before § 108. Assemblies upon what Pretence soever of Religion not observing and performing the abovesaid Rules shall not be esteemed as Churches but unlawful Meetings and be punished as other Riots § 109. No Person whatsoever shall disturb molest or persecute another for his speculative Opinions in Religion or his Way of Worship § 110. Every Freeman of Carolina shall have absolute Power and Authority over his Negro Slaves of what Opinion or Religion soever § 111. No Cause whether Civil or Criminal of any Freeman shall be Tried in any Court of Judicature without a Jury of his Peers § 112. No Person whatsoever shall hold or claim any Land in Carolina by Purchase or Gift or otherwise from the Natives or any other whatsoever but meerly from and under the Lords Proprietors upon pain of Forfeiture of all his Estate moveable or immoveable and perpetual Banishment § 113. Whosoever shall possess any Freehold in Carolina upon what Title or Grant soever shall at the farthest from and after the Year One Thousand Six Hundred Eighty Nine pay yearly unto the Lords Proprietors for each Acre of Land English Measure as much fine Silver as is at this present in one English Penny or the Value thereof to be as a Chief Rent and Acknowledgment to the Lords Proprietors their Heirs and Successors for ever And it shall be lawful for the Palatine's Court by their Officers at any Time to take a new Survey of any Man's Land not to out him of any Part of his Possession but that by such a Survey the just Number of Acres he possesseth may be known and the Rent thereupon due may be paid by him § 114. All Wrecks Mines Minerals Quarries of Gems and Precious Stones with Pearl-fishing Whale-fishing and one Half of all Ambergreece by whomsoever found shall wholly belong to the Lords Proprietors § 115. All Revenues and Profits belonging to the Lords Proprietors in common shall be divided into ten Parts whereof the Palatine shall have three and each Proprietor one but if the Palatine shall Govern by a Deputy his Deputy shall have one of those three Tenths and the Palatine the other two Tenths § 116. All Inhabitants and Freemen of Carolina above Seventeen Years of Age and under sixty shall be bound to bear Arms and serve as Soldiers whenever the Grand Council shall find it necessary § 117. A true Copy of these Fundamental Constitutions shall be kept in a great Book by the Register of every Precinct to be subscribed before the said Register Nor shall any Person of what Condition or Degree soever above seventeen Years old have any Estate or Possession in Carolina or Protection or Benefit of the Law there who hath not before a Precinct Register subscribed these Fundamental Constitutions in this Form I A. B. do promise to bear Faith and true Allegiance to our Soveraign Lord King CHARLES the Second His Heirs and Successors and will be true and faithfull to the Palatine and Lords Proprietors of Carolina their Heirs and Successors and with my utmost Power will defend them and maintain the Government according to this Establishment in these Fundamental Constitutions § 118. Whatsoever Alien shall in this Form before any Precinct Register subscribe these Fundamental Constitutions shall be thereby Naturalized § 119. In the same Manner shall every Person at his Admittance into any Office subscribe these Fundamental Constitutions § 120. These Fundamental Constitutions in Number a hundred and twenty and every Part thereof shall be and remain the Sacred and unalterable Form and Rule of Government of Carolina for ever Witness our Hands and Seals the First Day of March 1669. RULES of PRECEDENCY 1. THE Lords Proprietors the eldest in Age first and so in order 2. The eldest Sons of the Lords Proprietors the eldest in Age first and so in order 3. The Landgraves of the Grand Council he that hath been longest of the Grand Council first and so in order 4. The Cassiques of the Grand Council he that hath been longest of the Grand Council first and so in order 5. The seven Commoners of the Grand Council that have been longest of the Grand Council he that hath been longest of the Grand Council first and so in order 6. The youngest Sons of Proprietors the eldest first and so in order 7. The Landgraves the eldest in Age first and so in order 8. The seven Commoners who next to those before mentioned have been longest of the Grand Council he that hath been longest of the Grand Council first and so in order 9. The Cassiques the eldest in Age first and so in order 10. The seven remaining Commoners of the Grand Council he that hath been longest of the Grand Council first and so in order 11. The Male Line of the Proprietors The rest shall be