The two charters granted by King Charles IId to the proprietors of Carolina with the first and last fundamental constitutions of that colony.

THE FIRST CHARTER Granted by King CHARLES IId. TO THE PROPRIETORS OF CAROLINA. (Book 1)

CHARLES IId. by the Grace of God, &c.

To all to whom these Presents shall come Greeting.

Whereas, our right Trusty, and right well-beloved Cousins and Counsellors, Edward Earl of Clarendon, our high Chancellor of England, and George Duke of Albemarle, Master of our Horse, and Captain General of all our Forces; our right Trusty and well-beloved William Lord Craven, John Lord Berkeley, our right Trusty, and well-beloved Counsellor, Anthony Lord Ashley, Chancellor of our Exchequer, Sir George Carterett Knight and Baronet, Vice-Chamberlain of our Houshold, and our Trusty and well-beloved, Sir William Berkeley Knight, and Sir John Colleton Knight and Baronet, being excited with a laudable and pious Zeal for the propagation of the Christian Faith, and the

Enlargement of our Empire and Dominions, have humbly be∣sought Leave of us by their Industry and Charge, to transport and make an ample Colony of our Subjects, Natives of our Kingdom of England, and elsewhere, within our Dominions, unto a certain Country, hereafter described, in the Parts of America not yet cultivated or planted, and only inhabited by some barbarous People, who have no Knowledge of Almighty God.

And whereas, the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir William Berkeley, Sir John Colleton, have humbly besought us to give, grant and confirm unto them and their Heirs, the said Country, with Priviledges and Jurisdictions, requisite for the good Government and Safety thereof. Know ye therefore, That We favouring the pious and noble Purpose of the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir William Berkeley and Sir John Colleton of our special Grace, certain Knowledge and meer Motion, have given, granted and confirmed, and by this our present Charter, for Us, our Heirs and Successors, do give, grant and confirm unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir William Berkeley and Sir John Colleton, their Heirs, and Assigns, all that Territory or Tract of Ground scituate, lying, and being within our Domini∣ons in America; extending from the North End of the Island called Lucke Island, which lyeth in the Southern Virginia Seas, and within six and thirty Degrees of the Northern Latitude; and to the West as far as the South Seas; and so Southerly, as far as the River St. Matthias, which bordereth upon the Coast of Florida, and within one and thirty Degrees of Northern Latitude, and so West in a direct Line, as far as the South Seas aforesaid; together with all and singular Ports, Harbours, Bays, Rivers, Isles and Islets, belonging unto the Country aforesaid. And also, all the Soil, Lands, Fields, Woods, Mountains, Ferms, Lakes, Rivers, Bays and Islets, scituate▪ or being within the Bounds or Limits aforesaid, with the fishing of all sorts of Fish, Whales, Sturgeons and all other Royal Fishes in the Sea, Bays, Islets and Rivers, within the Premises, and the Fish therein taken. And moreover, all

Veins, Mines, Quarries, as well discover'd as not discover'd, of Gold, Silver, Gems, precious Stones, and all other whatso∣ever; be it of Stones, Metals or any other thing whatsoever, found, or to be found within the Countries, Isles and Limits aforesaid.

And furthermore, the Patronage and Avowsons of all the Churches and Chapels, which as Christian Religion shall increase within the Country, Isles, Islets and Limits aforesaid, shall happen hereafter to be erected; together with License and Power to build and found Churches, Chapels and Oratories in convenient and fit Places within the said Bounds and Limits; and to cause them to be dedicated and consecrated, according to the Ecclesi∣astical Laws of our Kingdom of England; together with all and singular, the like, and as ample Rights, Jurisdictions, Privi∣ledges, Prerogatives, Royalties, Liberties, Immunities and Franchises, of what Kind soever, within the Countries, Isles, Islets and Limits aforesaid.

To have, use, exercise and enjoy, and in as ample Manner as any Bishop of Durham in our Kingdom of England, ever here∣tofore have held, used or enjoyed, or of right ought, or could have, use or enjoy; and them the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir William Berkeley and Sir John Colleton, their Heirs and Assigns. We do by these Presents, for Us, our Heirs and Successors, make, create and constitute the true and absolute Lords and Proprietors of the Country aforesaid, and of all other the Premises, saving always the Faith, Allegiance and Sovereign Dominion due to Us, our Heirs and Successors, for the same; and saving also the Right, Title and Interest of all and every our Subjects of the English Nation, which are now planted within the Limits and Bounds aforesaid, (if any be:) to have, hold possess, and enjoy the said Country, Isles, Islets, and all and singular, other the Premises to them, the said Edward Earl of Clarendon, George Duke of Albemarle, VVilliam Lord Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir VVilleam Berkeley and Sir John Colleton, their Heirs and Assigns for ever, to be holden of Us, our Heirs and Successors, as of our Mannor of East Greenwich, in our County of Kent, in free and common Soccage, and not in Capite, nor by Kn••ghts Service, yeilding and paying yearly to Us, our Heirs and Successors, for the same, the

Yearly Rent of Twenty Marks of Lawful Money of Eng∣land, at the Feast of All Saints, Yearly for Ever. The first Payment thereof, to begin, and to be made on the Feast of All Saints, which shall be in the Year of our Lord One Thousand Six Hundred Sixty and Five, and also the fourth Part of all Gold and Silver Oar which within the limits aforesaid, shall from Time to Time, happen to be found.

And that the Country thus by Us granted and described, may be dignifyed by us with as large Titles and Priviledges as any other Parts of our Dominions and Terretories in that Region. KNOW Ye, That We of Our further Grace, certain Know∣ledge, and meer Motion, have thought fit to Erect the same Tract of Ground, Country and Island, into a Province, And out of the Fullness of Our Royal Power and Prerogative; We do, for Us, Our Heirs and Successors, Erect, Incorporate and Ordain the same into a Province; and do call it the Province of CAROLINA: And so, from henceforth, will have it called. And forasmuch as We have hereby made, and ordained the aforesaid Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir William Berkeley and Sir John Colleton, their Heirs and Assigns, the true Lords and Proprieters of all the Province aforesaid. KNOW ye therefore moreover, that We reposing Especial Trust and Confidence in their Fidelity, Wisdom, Justice and Provident Circumspection for Us, Our Heirs and Successours, do Grant full and absolute Power by virtue of these Presents, to them, the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir William Berkeley and Sir John Colleton, and their Heirs for the good and happy Government of the said Province, to Ordain, Make, Enact, and under their Seals to publish any Laws whatsoever, either appertaining to the publick State of the said Province, or to the private Utility or particular Per∣sons, according to their best Discretion, of and with the Ad∣vice, Assent and Approbation of the Freemen of the said Pro∣vince, 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 Domi∣nions, 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, ei∣ther 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 dele∣gated 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 never∣theless, 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 Autho∣rity from Time to Time, to make and ordain fit and whole∣some 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 Pro∣vince, under the Penalties therein expressed, so as such Or∣dinances 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 Free∣hold 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, Colo∣nies, or Plantations (excepting those who shall be especially forbidden) to Transport themselves and Families unto the said

Province, with convenient Shipping, and ••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 singu∣lar the Subjects, and Liege People of Us, Our Heirs and Succes∣sors Transported, or to be Transported into the said Pro∣vince, and the Children of them, and of such as shall De∣scend 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, Fran∣chises and Priviledges of this Our Kingdom of England and of other our Dominions aforesaid, and may freely and quietly have, possess and enjoy as our Leige People born within the same, without the least 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 encourag∣ed to undertake this Expedition with ready and chearful Minds; Know ye, That we of our special Grace, certain Knowledge and meer Motion, do give and grant, by vertue of these Presents, as well to the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir VVilliam Berkeley 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 License 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 Merchandizes; as likewise, all sorts of Grain whatsoever, and any other Things whatsoever, necessary for the Food and Cloathing, not prohibited by the Laws and Statutes of our Kingdoms and Dominions, to be carry'd out of the same without any Lett or Molestation of us, our Heirs and Successors, or of any other of our Officers or Ministers whatsoever, saving also to Us, our Heirs and Successors, the Customs, and other Dutys and Payments, due for the said Wares and Merchan∣dizes, 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 Cla∣rendon, 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 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 Merchandizes and Goods whatsoever, that shall arise of the Fruits and Commodities of the said Province, either by Land or by 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 Countries, either of our Dominions, or forreign, being in Amity with Us, our Heirs and Successors, so as they pay such Customs, Subsidies and other Dutys 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 Inhabi∣tants 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 es∣pecial Grace, certain Knowledge and meer Motion, given and granted, and by these Presents, for Us, our Heirs and Success∣ors, do give and grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, VVilliam Lord Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir VVilliam Berkeley and Sir John Colleton, their Heirs and Assigns, full and

free License, Liberty and Authority at any Time, or Times, from and after the Feast of St. Michael the Arch-Angel, which shall be in the Year of our Lord Christ, One Thousand Six Hun∣dred, 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 herein after mentioned; that is to say, Silks, Wines, Currants, Raisons, Capers, Wax, Almonds, Oyl 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 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 Pro∣vince, 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 Accomodation and Improvement of the Premises, any Thing before in these Presents contained, or any Law, Act, Statute prohibition, or other Matter or Thing hereto∣fore 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, cer∣tain 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 Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carterett, Sir VVilliam Berkeley 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 Sea-Ports, Harbours, Creeks and other Places, for dis∣charge and unlading of Goods and Merchandizes out of Ships, Boats and other Vessels, and for lading of them in such and so many Places, and with such Jurisdictions, Priviledges and Fran∣chises, 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 Merchandizes, 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, VVilliam Lord Craven, John Lord Berkeley, Anthony Lord Ashley,

Sir George Carterett, Sir William Berkeley and Sir John Colleton, their Heirs and Assigns, and not elsewhere any Use, Custom, or any thing to the contrary in any wise, notwithstanding.

And We do furthermore will, appoint and ordain by these Pre∣sents, for Us, our Heirs and Successors, do grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkely, Anthony Lord Ashley, Sir George Carterett, Sir William Berkeley and Sir John Colleton, their Heirs and Assigns, That 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 Berkeley and Sir John Colleton, their Heirs and Assigns, may from Time to Time, for ever, have and enjoy the Customs and Subsidies in the Ports, Harbours, Creeks and other Places within the Province aforesaid, payable for Goods, Merchandizes and Wares there laded, or to be laded or unladed, the said Customs to be reasonably assessed upon any Occasion by themselves, and by and with the Consent of the free People there, or the greater Part of them, as aforesaid; to whom We give Power by these Presents, for Us, our Heirs and Successors, upon just Cause and in a due Proportion to assess and impose the same.

And further, of our especial Grace, certain Knowledge and meer Motion, we have given, granted and con∣firmed, and by these Presents, for Us, our Heirs and Successors, do give, grant and confirm unto the said Edward Earl of Clarendon, George Duke of Albemarle, VVilliam Lord Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir VVilliam Berkeley and Sir John Colleton, their Heirs and Assigns, full and absolute License, Power and Authority, that the said Edward Earl of Clarendon, George Duke of Albemarle, VVilliam Lord Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett. Sir VVilliam Berkley and Sir John Colleton, their Heirs and Assigns, from Time to Time, hereafter for ever, at his and their Will and Pleasure, may assign, alien, grant, demise or enfeoft the Premises or any Parts or Parcells thereof to him or them, that shall be willing to purchase the same; and to such Person or Per∣sons, as they shall think fit, to have, and to hold to them the said Person or Persons, their Heirs and Assigns in Fee simple or Fee Tayle, or for Term of Life or Lives, or Years to be held of them, the said Edward Earl of Clarendon, George Duke of Albe∣marle, VVilliam Lord Craven, John Lord Berkeley, Anthony Lord

Ashley, Sir George Carterett, Sir William Berkeley, and Sir John Colleton, their Heirs and Assigns, by such Rents, Services and Customs, as shall seem meet to the said Edward Earl of Clarendon, George Duke of Albemarle, VVilliam Lord Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir William Berkeley and Sir John Colleton, their Heirs and Assigns, and not immediately of Us, our Heirs and Successors: And to the same Person and Persons, and to all and every of them, We do give and grant by these Presents, for Us, our Heirs and Successors, License, Authority and Power, that such Person or Persons, may have or take the Premises, or any Parcel thereof, of the said Edward Earl of Clarendon, George Duke of Albemarle, VVilliam Lord Craven, John Lord Berkely, Anthony Lord Ashley, Sir George Carterett, Sir William Berkeley and Sir John Colleton, their Heirs and Assigns, and the same to hold to themselves, their Heirs or Assigns, in what Estate of Inheritance whatsoever, in Fee simple, or in Fee Tayle, or otherwise, as to them and the said Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir William Berkeley and Sir John Colleton, their Heirs and Assigns, shall seem expedient. The Statute made in the Parliament of Edward, Son of King Henry, heretofore King of England, our Predecessor, commonly called, The Sta∣tute of Quia Emptores Terrae; or any other Satute, Act, Ordi∣nance, 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 Provi∣nce, 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, Wil∣lliam Lord Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir William Berkeley and Sir John Colleton, their Heirs and Assigns, full Power and Authority to give and conferr unto, and upon such of the Inhabitants of the said Province, as they shall think, do, or shall merit the same, such Marks or Favour, and Titles of Honour, as they shall think fit, so as these Titles of Ho∣nour be 〈…〉〈…〉 conferred upon any the 〈◊〉〈◊〉 of this Our Kingdom of 〈◊〉〈◊〉.

And further also, We do by these Presents, for Us, Our Heirs and Successors, give and Grant, License to them the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir William Berkeley and Sir John Colleton, their Heirs and Assigns, full Power, Liberty and License to Erect, Raise and Build within the said Province and Places aforesaid, or any Part or Parts thereof, such and so many Forts, Fortresses, Castles, Cities, Borroughs, Towns, Villages and other For∣tifications whatsoever, and the same or any of them to For∣tify and Furnish with Ordinance, Powder, Shot, Armory and all other Weapons, Ammunition, Habiliments of War, both Offensive and Defensive, as shall be thought fit and con∣venient 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 Dis∣mantle, Disfurnish, Demolish and pull down, and also to Place, Constitute and Appoint in, or over all, or any of the said Castles, Forts, Fortifications, Cities, Towns and Places aforesaid, Governours, Deputy Governours, Magi∣strates, Sheriffs, and other Officers, Civil and Military, as to them shall seem meet, and to the said Cities, Burroughs, Towns, Villages, or any other Place, or Places, within the said Province, to Grant Letters or Charters of Incorporati∣on, with all Liberties, Franchises, and Priviledges requisite, and usual, or to, or within any Corporations within this Our Kingdom of England granted, or belonging; and in the same Citties, Burroughs, Towns and other Places, to Constitute, Erect and Appoint such, and so many Markets, Marts and Fairs, as shall in that Behalf be thought fit and necessary; and further also, to Erect and Make in the Pro∣vince aforesaid, or any Part thereof, so many Mannors as to them shall seem meet and convenient, and in every of the same Mannors to have and to hold a Court-Baron with all things whatsoever, which to a Court-Baron do belong, and to have and to hold Views of Franck Pledge and Court-Leet for the Conservation of the Peace, and better Government of those Parts, within such Limits, Jurisdictions and Pre∣cincts, as by the said Edward Earl of Clarendon, George Duke

of Albemarle, William Lord Craven, John Lord Berkely, An∣thony Lord Ashley, Sir George Carterett, Sir William Berkeley and Sir John Colleton, or their Heirs, shall be appointed for that purpose, with all things whatsoever, which to a Court Leet, or view of Franck Pledge; do belong, the said Court to be holden by Stewards, to be Deputed and Authorized by the said Edward Earl of Clarendon, George Duke of Albe∣marle, William Lord Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir William Berkeley and Sir John Colleton, or their Heirs, or by the Lords of other Mannors and Leets for the Time being, when the same shall be Erected.

And because that in so remote a Country, and Sci∣tuate among 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 Berke∣ley, 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 Con∣dition, or wheresoever Born in the said Province, for the Time being; and to make War and pursue the Enemies a∣foresaid, as well by Sea, as by Land; yea, even within the Li∣mits of the said Province, and by God's Assistance, to Van∣quish and Take them, and being Taken, to put them to Death by the Law of War, or to save them at their Plea∣sure; and to do all and every other thing, which unto the Charge and Office of a Captain General of an Army, be∣longeth, 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, An∣thony Lord Ashley, Sir Gorge Carterett, Sir William Berkeley and Sir John Colleton, their Heirs and Assigns, full Power, Li∣berty and Authority in Case of Rebellion, Tumult, or Sedition (if any should happen) which God for∣bid 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 Autho∣rity to exercise Martial Law against mutinous and seditious Per∣sons 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 vir∣tue 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 pre∣sent 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 what••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 sub∣ject, 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 pri∣vate 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 Ash∣ley, 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 afore∣said, do, and shall from Time to Time, Declare, and conti∣nue 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 Scanda∣lize, 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, con∣tained in this Our Present Charter, We will Ordain and Command, that at all Times, and in all Things, such Inter∣pretation 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 Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir William Berkeley and Sir John Colleton, or any other Person, or Persons whatsoever, or a∣ny Statute, Act, Ordinance, Provision, Proclamation, or Re∣straint heretofore Had, Made, Published, Ordained, or Pro∣vided, or any other Thing, Cause, or Matter whatsoever, to the contrary thereof, in any Wise Notwithstanding.

In Witness, &c. Witness the KING, at VVestmin∣ster, the Four and Twentieth Day of March, in the Fifteenth Year of Our Reign.

Per ipsum Regem.