Footnote #5

THE CHARTER, 1663, The Charter of Carolina

CHARLES THE SECOND, BY THE grace of God, King of England, Scotland, France, and Ireland, defender of the Faith, etc. 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-belov ed William, Lord Craven; John, Lord Berkley; Our right trusty and wellbeloved Counsellor, Anthony, Lord Ashley, Chancellor of our Exchequer; Sir George Carterett, Knight and Baronet, Vice Chamberlain of our Household; And our trusty and well-beloved Sir W illiam Berkley, 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 inhabite d 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 Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir John Colleton, have humbly besought us to give, grant, and Confi rm unto them, and their heirs, the said Country, with Privileges 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 Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir John Colleton, Of our especial grace, certain knowledge, and mere 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 Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir John Colleton, their heirs and Assigns:

ALL that Territory or Tract of ground, situate, lying, and being within our Dominions in America, extending from the North end of the Island called Luck Island, which lies 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 Saint Mathias, which borders upon the Coast of Florida, and within one and Thirty Degrees of Northern Latitude; and 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, Farms, Lakes, Rivers, Bays, and Islets situate or being within the Bounds o r 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, and Quarries, as well discovered as not discovered, of Gold, Silver, Gems, and precious Stones, and all other, whatsoever be it, of Stones, Metals, or any other thing whatsoever found or to be found within the Country, Isles, Limits aforesaid;

AND FURTHERMORE, the Patronage and Advowsons of all the Churches and Chapels which, as Christian Religion shall increase within the Country, Isles, Islets, and Limits aforesaid: aforesaid, shall happen hereafter to be erected; Together with licence and power to Build and found Churches, Chapels, an 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 in England,; Together with all and singular the like and as ample Rights, Jurisdictions, Privileges, Prerogatives, Royalties, Liberties, Immunities, and Franchises of what kind soever with the Country, 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 Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; 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 Proprietaries 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 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; William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir John Colleton, their heirs and Assigns, forever;

TO BE HELD of us, our heirs and Successors as of our Manor of East Greenwich, in our County of Kent, in Free and Common Soccage, and not in Capite nor by knight's Service;

YIELDlNG 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, forever, The First payment thereof to begin and 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 Ore which, with the limits aforesaid, shall, from time to time, happen to be found.

AND that the Country thus by us granted and described may be dignified with as large Titles and Privileges as any other parts of our Dominions and Territories in that Region;

KNOW YE, that We, of our further grace, certain knowledge, and mere 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 Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir John Colleton, their heirs and Assigns, the true Lords and Proprietors 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 Successors, Do Grant full and absolute power, by virtue of these presents, to them, the s aid Edward, Earl of Clarendon; George, Duke of Albemarle; William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; 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 public State of the said Province or to the private utility of 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, Duke of Albemarle; William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir JohnColleton, and their heirs, 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 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 foreign 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, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; 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; William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir John Colleton, or 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 Complete establishment of Justice, unto Courts, Sessions, and forms of Judicature, and manners of proceeding therein, do belong, although in these presents express mention be not made thereof;

AND by Judges, by him or them delegated, to award Process, hold Pleas, and determine, in all the said Courts and Places of Judicature, all Actions, Suits, and Causes whatsoever, as well Criminal as Civil, real, mixt, personal, or of any other kind or nature whatsoever;

WHICH LAWS, SO as aforesaid, to be published OUR PLEASURE IS, and We do enjoin, require, and Command shall be absolute, firm, and available in law; And that all the liege 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 Freeholders 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 Earl of Clarendon; George, Duke of Albemarle; William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; 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, straightly 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, licence, and liberty unto all the liege 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 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 more especial grace, for us, our heirs and Successors, do straightly enjoin, 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 Citizens and lieges of us, our heirs and Successors, of this our Kingdom of England; and be in all things held, treated, and reputed as the liege, faithful people of us, our heirs and Successors, born within this our said Kingdom or any other of our Dominions; and may inherit or otherwise Purchase and receive, take, have, hold, buy, and possess any lands, Tenements, or hereditaments within the same Places, and them-may Occupy and enjoy, give, sell alien, and bequeath; as likewise, all liberties, Franchises, and Privileges of this our Kingdom of England, and of other our Dominions aforesaid, may freely and quietly have, possess, and enjoy as our liege people born within the same, without the let, molestation, vexation, trouble, or grievance of us, our heirs and Successors; any Statute, Act, Ordinance, or 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 cheerful minds:

KNOW YE, that We, of our especial grace, certain knowledge, and mere motion, Do give and Grant, by virtue of these presents, as well to the said Edward, Earl of Clarendon; George, Duke of Albemarle; William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir John Colleton, and their heirs, as unto all others as shall, from time to time, repair unto the said Province with a purpose to inhabit there or to trade with the Natives of the said Province, full liberty and Licence to lade and freight in any Ports 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 Merchandises; as likewise, all sorts of grain whatsoever, and any other things whatsoever necessary for the food and Clothing,; not prohibited by the laws and Statutes of our Kingdoms and Dominions; to be Carried out of the same without any let or molestation of us, our heirs and Successors, or of any other our Officers and Ministers whatsoever; Saving also, to us, our heirs and Successors, the Customs and other duties and payments due for the said Wares and Merchandises, 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 Licence, by this our Charter, unto the said Edward, Earl of Clarendon; George, Duke of Albemarle; William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir John Colleton, their heirs and Assigns, and to all the Inhabitants and Dwellers in the Province aforesaid, both present and to come, full power and absolute authority to Import or unlade, by themselves or their servants, Factors, or Assigns, all Merchandises and goods whatsoever that shall arise of the fruits and Commodities of the said Province, 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 Merchandises and goods again into the same or other Ships, and to Export the same into any other Countries, either of our Dominions or foreign, 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 of Carolina shall be any way Charged.

PROVIDED, nevertheless, and our Will and pleasure is, and We have further, for the Considerations aforesaid, of our more especial grace, certain knowledge, and mere motion, given and Granted, and, by these presents, for us, our heirs and Successors, Do give and grant, unto the said Edward, Earl of Clarendon; George, Duke of Albemarle; William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir John Colleton, their heirs and Assigns, full and free licence, liberty, and authority, at any time or times from and after the Feast of Saint Michaell The Archangel which shall be in the year of our Lord Christ One thousand six hundred Sixty and Seven, as well to Import and bring into any of our Dominions from the said Province of Carolina, or any part thereof, the several goods and Commodities hereinafter mentioned: THAT IS TO SAY, Silks, Wines, Currants, Raisins, Capers, Wax, Almonds, Oil, and Olives; without paying or Answering to us, our heirs or Successors, any Custom, Impost, or other duty for or in respect thereof, for and during the term and space of Seven years, to commence and be accounted 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 into any of our Dominions; as also, to export and carry out of any of our Dominions into the said Province of Carolina, Custom free, all sorts of Tools which shall be useful or necessary for the Planters there in the accommodation and Improvement of the premises; any thing before in these presents contained, or any Law, Act, Statute, Prohibition, or other matter or thing heretofore had, made, Enacted, or provided, or hereafter to be had, made, Enacted, or Provided, to the contrary in any wise notwithstanding.

AND FURTHERMORE, of our more ample and especial grace, certain knowledge, and mere motion, WE DO, for us, our heirs and Successors, Grant unto the said Edward, Earl of Clarendon; George, Duke of Albemarle; William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir John Colleton, their heirs and Assigns, full and absolute power and authority to Make, Erect, and Constitute within the said Province of CAROLINA, and the Isles and Islets aforesaid, such and so many Seaports, harbours, Creeks, and other Places for discharge and unlading of goods and Merchandises out of Ships, Boats, and other Vessels, and for lading of them, in such and so many Places, and with such Jurisdictions, Privileges, Jurisdictions , and Franchises unto the said Ports belonging, as to them shall seem most expedient;

AND that all and singular the Ships, Boats, and other Vessels which shall come for Merchandise and Trade into the said Province, 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; William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir John Colleton, their heirs and Assigns, and not elsewhere; any use, Custom, or anything 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, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir John Colleton, their heirs and Assigns, That they, the said Edward, Earl of Clarendon; George, Duke of Albemarle; William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir John Colleton, their heirs and Assigns, may, from time to time, forever, have and enjoy the Customs and Subsidies, in the Ports, Harbours, Creeks, and other Places within the Province aforesaid, payable for goods, Merchandises, 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, by 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 mere 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; William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir John Colleton, their heirs and Assigns, full and absolute licence, power, and authority that the said Edward, Earl of Clarendon; George, Duke of Albemarle; William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir John Colleton, their heirs and Assigns, from time to time hereafter, forever, at his and their will and pleasure, may Assign, Alien, Grant, Demise, or enfeoff the premises, or any part or parcels 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 tail, or for term of life or lives or years; to be held of them, the said Edward, Earl of Clarendon; George, Duke of Albemarle; William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; 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; William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir John Colleton, their heirs and Assigns, and not immediately of us, our heirs and Successors.

AND to the same Person or Persons, and to all and every of them, WE DO give and Grant, by these presents, for us, our heirs and Successors, Licence, 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; William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir John Colleton, their heirs and Assigns; and the same to hold to themselves, t heir heirs or Assigns, in what estate of Inheritance soever, in Fee simple of Fee tail or otherwise, as to them and the said Earl of Clarendon; George, Duke of Albemarle; William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett ; Sir William Berkley; 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 Terrarum, or any other Statute, 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; William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir John Colleton, their Heirs and Assigns, full Power and Authority to give and Confer, unto and upon such of the Inhabitants of the said Province as they shall think do or shall merit the same, such marks of favour and Titles of honour as they shall think fit; so as those Titles or honours be not the same as are enjoyed by or Conferred upon any 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 Licence to them, the said Edward, Earl of Clarendon; George, Duke of Albemarle; William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir John Colleton, their heirs and Assigns, full power, liberty, and licence 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, Boroughs, 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 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, Governors, Deputy Governors, Magistrates, Sheriffs, and other Officers, Civil and Military, as to them shall seem meet;

AND to the said Cities, Boroughs, Town, Villages, or any other Place or Places within the said Province, to grant Letters or Charters of Incorporation, with all Liberties, Franchises, and Privileges requisite and usual, or to or within any Corporations within this our Kingdom of England granted or belonging; And in the same Cities, Boroughs, Towns, and other Places, to Constitute, Erect, and appoint such and so many Markets, Marts, and Fairs as shall in that behalf be thought fit and necessary;

AND further, also, to Erect and make in the Province aforesaid, or any part thereof, so many Manors as to them shall seem meet and convenient; and in every of the same Manors 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 Frankpledge and Courts Leet, for the Conservation of the Peace and better Government of those parts, within such Limits, Jurisdiction, and Precincts as by the said Edward, Earl of Clarendon; George, Duke of Albemarle; William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; 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 Frankpledge do belong; the same Courts to be held by Stewards, to be Deputed and authorized by the said Edward, Earl of Clarendon; George, Duke of Albemarle; William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir John Colleton, or their heirs, or by the Lords of other Manors and Leets for the time being, when the same shall be Erected.

AND because that, in so remote a Country and situate among so many barbarous Nations, the Invasions as well of Savages 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 Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; 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 t o 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, or to save them, at t heir pleasure; and to do all and every other thing which unto the Charge And Office of a Captain General of an Army belongs, or has accustomed to belong, as fully and freely as any Captain General of an Army has ever had the same.

ALSO, our Will and pleasure is, and, by this our Charter, WE DO give unto the said Edward, Earl of Clarendon; George, Duke of Albemarle; William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; 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 Colors or Ensigns, or be loiterers or Stragglers, 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 has 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, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; 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 Tenants and Inhabitants thereof, sh all not from henceforth be held or reputed a Member or part of any Colony whatsoever, in America or elsewhere, now transported or made, or hereafter to be transported or made; nor shall be depending on, or subject to, their Government in any thing, but be absolutely 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, forever; And that the Inhabitants of the said Province, nor any or 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, Colonies, 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 Public 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 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 Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir John Colleton, their heirs and Assigns, full and free Licence, 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 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, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir John Colleton, their heirs or Assigns, shall, in their discretions, think fit and reasonable;

AND with this express Proviso and Limitation also, that such Person and Persons to whom such Indulgencies or 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 allowed 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 Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; 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; William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William Berkley; 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 whereof We have caused these our Letters to be made Patent.

WITNESS, our Self, at Westminster, the Four and Twentieth day of March, in the Fifteenth year of our Reign.

By the King

HOWARD