Power to men, and fo many markets, marts and fairs, as fhall in that behalf be thought fit and neceffary, and further alfo to erect and make in the province aforefaid, or any part thereof, fo many mannors, as to them fhall feem meet and convenient, and in every of the fame mannors, to have and to hold a court baron, with all things whatfoever which to a court baron do belong, and to have and to hold views of frank pledge and court leet, for the confervation of the peace, and better government of thofe parts, within fuch limits, jurifdictions and precincts, as by the faid Edward earl of Clarendon, George duke of Albemarle, William lord Craven, John lord Berkley, Anthony lord Afhley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, or their heirs, fhall be appointed for that purpose, with all things whatsoever, which to a court leet or view of frank pledge do belong, the faid court to be holden by ftewards, to be deputed and authorized by the faid Edward earl of Clarendon, George duke of Albemarle, William lord Craven, John lord Berkley, Anthony lord Ashley, Sir George Car teret, Sir William Berkley, 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. XV. And becaufe that in fo remote a country, and scilevy, mufter tuate among fo many barbarous nations, and the invafions and train as well of falvages as other enemies, pirates and robbers, make war. may probably be feared; therefore we have given, and for us our heirs and fucceffors, do give power by these prefents, unto the faid Edward earl of Clarendon, George duke of Albemarle, William lord Craven, John lord Berkley, Anthony lord Afhley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and affigns, by themfelves, or their captains, or other their officers, to levy, mufter and train, all forts of men, of what condition, or wherefoever born, in the faid province, for the time being; and to make war, and pursue the enemies aforefaid, as well by fea as by land,; yea, even without the limits of the said province, and by God's affiftance, to vanquish and take them, and being taken, to put them to death by the law of war, or to fave them at their pleasure; and to do all and every other thing, which unto the charge 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 or ever had the fame. XVI. Alfa ercise mar XVI. Alfo, our will and pleasure is, and by this our char- And to exter we give unto the faid Edward earl of Clarendon, George tial law. duke of Albemarle, William lord Craven, John lord Berkley, Anthony lord Afhley, Sir George Carteret, Sir Wil liam Berkley and Sir John Colleton, their heirs and affigns, full power, liberty, and authority, in cafe of rebellion, tumult or fedition, (if any fhould happen) which God forbid, either upon the land within the province aforefaid, or upon the main fea, in making a voyage thither, or returning from thence, by him and themfelves, their captains, deputies and officers, to be authorized under his or their feals for that purpose: To whom alfo, for us, our heirs and fucceffors, we do give and grant, by thefe prefents, full power and authority, to exercife martial law againft mutinous and feditious perfons of those parts, fuch as fhall refufe to fubmit themselves to their government, or fhall refufe to ferve in the wars, or fhall fly to the enemy, or forfake their colours or enfigns, or be loyterers or ftragglers, or otherwife howfoever offending againft law, cuftom or difcipline 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 fame. vince of ject imme XVII. And our further pleasure is, and by these prefents, The profor us, our heirs and fucceffors, we do grant unto the faid Carolina & Edward earl of Clarendon, George duke of Albemarle, the inhabiWilliam lord Craven, John lord Berkley, Anthony lord tants thereAfhley, Sir George Carteret, Sir William Berkley, and Sir of to be fubJohn Colleton, their heirs and affigns, and to all the tenants diately to and inhabitants of the faid province of Carolina, both prefent the crown of England. and to come, and to every of them, that the faid province, and the tenants and inhabitants thereof, fhall not, from henceforth, be held or reputed a member or part of any colony whatsoever in America, or elsewhere, now tranfported or made, or hereafter to be tranfported or made; nor fhall be depending on, or fubject to their government, in any thing, but be abfolutely feparated and divided from the fame our pleafure is, by these prefents, that they be feparated, and that they be fubject immediately to our crown of England, as depending thereof for ever; and that the inhabi.. tants of the faid province, nor any of them, fhall at any time hereafter be compelled, or compellable, or be any ways fubject or liable, to appear or anfwer to any matter, fuit, caufe or plaint whatsoever, out of the province aforefaid, in any other of our islands, colonies or dominions in' America, I 2 and The lords proprietors impowered to grant liberty of confcience. America, or elsewhere, other than in our realm of England and dominion of Wales. XVIII. And because it may happen, that fome of the people and inhabitants of the faid province, cannot in their private opinions conform to the public exercife of religion, according to the liturgy, form and ceremonies of the church of England, or take and fubfcribe the oaths and articles made and established in that behalf, and for that the fame, by reafon of the remote diftances of thefe places, 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 prefents, for us, our heirs and fucceffors, give and grant unto the faid Edward earl of Clarendon, George duke of Albemarle, William lord Craven, John lord Berkley, Anthony lord Afhley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and affigns, full and free licence, liberty and authority, by fuch legal ways and means as they fhall think fit, to give and grant unto fuch perfon and perfons inhabiting and being within the said province, or any part thereof, who really in their judgments, and for confcience fake, cannot or fhall not conform to the faid liturgy and ceremonies, and take and fubfcribe the oaths and articles aforefaid, or any of them, fuch indulgencies and difpenfations in that behalf, for and during fuch time and times, and with fuch limitations and reftrictions, as they the faid Edward earl of Clarendon, George duke of Albemarle, William lord Craven, John lord Berkley, Anthony lord Ashley, Sir John Carteret, Sir William Berkley, and Sir John Colleton, their heirs or affigns, fhall in their difcretion think fit and reafonable; and with this express provifo and limitation alfo, that fuch perfon or perfons, to whom fuch indulgences and difpenfations fhall be granted as aforefaid, do and fhall, from time to time, declare and continue all fidelity, loyalty and obedience to us, our heirs and fucceffors, and be fubject and obedient to all other the laws, ordinances and conftitutions of the faid province, in all matters whatfoever, as well ecclefiaftical as civil, and do not in any wife difturb the peace and fafety thereof, or fcandalize or reproach the faid liturgy, forms and ceremonies, or any thing relating thereunto, or any perfon or perfons whatsoever, for or in respect of his or their use or exercife thereof, or his or their obedience or conformity thereunto. XIX. And in cafe it fhall happen, that any doubts or queftions fhould arife, concerning the true fenfe and understanding most advan tageous and derftanding of any word, claufe or fentence, contained in In cafe of this our prefent charter, we will, ordain, and command, that doubts or questions, at all times, and in all things, fuch interpretation be made the interthereof, and allowed in all and every of our courts whatfoe- pretation to ver, as lawfully may be adjudged moft advantageous and fa- be made vourable to the faid Edward earl of Clarendon, George duke of Albemarle, William lord Craven, John lord Berkley, favourable Anthony lord Afhley, Sir George Carteret, Sir William to the lords proprietors. Berkley, and Sir John Colleton, their heirs and affigns, although exprefs mention be not made in these prefents, of the true yearly value and certainty of the premifes, or any part thereof, or of any other gifts and grants made by us, our ancestors or predeceffors, to them the faid Edward earl of Clarendon, George duke of Albemarle, William lord Craven, John lord Berkley, Anthony lord Afhley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, or any other perfon or perfons whatsoever, or any ftatute, act, ordinance, provifion, proclamation or reftraint heretofore had, made, published, ordained or provided, or any other thing, caufe or matter whatsoever, to the contrary thereof, in any wife notwithstanding. In witness, &c. Witnefs the King, at Weftminster, the four and twentieth day of March, in the fifteenth year of our reign. Per ipfum regem. The His Majefty Reciting a former granted to The fecond Charter, granted by King Charles II. to the Lords Proprietors of CAROLINA. CH HARLES the Second, by the grace of God king of England, Scotland, France and Ireland, Defender of the Faith, &c. I. Whereas by our letters patents, bearing date the four charter, and twentieth day of March, in the fifteenth year of our wherein was reign, we were graciously pleased to grant unto our right Edward earl trufty and right well beloved coufin and counfellor Edward of Claren- earl of Clarendon, our high-chancellor of England, our right don, &c. trufty and right intirely beloved coufin and councellor George all that ter- duke of Albemarle, mafter of our horfe, our right trufty and merica cal- well beloved William now earl of Craven, our right trufty and ledCarolina. well beloved councellor John lord Berkley, our right trufty and ritory in A His faid Majefty is now pleased the faid well_beloved councellor Anthony lord Ashley, chancellor of our Exchequer, our right trufty and well beloved councellor Sir George Carteret knight and baronet, vice-chamberlain of our houfhold, our right trufty and well beloved Sir John Colleton knight and baronet, and Sir William Berkley knight, all that province, territory or tract of ground, called Carolina, fituate, lying and being within our dominions of America, extending from the north-end of the island called Lucke-island, which lieth in the fouthern Virginia feas, and within fix and thirty degrees of the northern latitude, and to the weft as far as the fouth-feas, and fo refpectively as far as the river of Matthias, which bordereth upon the coaft of Florida, and within one and thirty degrees of the northern latitude, and fo west in a direct line as far as the fouth-seas aforefaid. II. Know ye, that we, at the humble rcqueft of the said grantees in the aforefaid letters patents named, and as a furto enlarge ther mark of our efpecial favour towards them, we are grathe faid ciously pleased to enlarge our faid grant unto them, accordgrant unto ing to the bounds and limits hereafter specified, and in favour to the pious and noble purpose of the faid Edward carl of Clarendon, George duke of Albemarle, William earl of Craven, John lord Berkley, Anthony lord Afhley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, their heirs and affigns, all that province, territory or tract of lords pro prietors. ground |