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

THE SECOND CHARTER Granted by King CHARLES IId. TO THE PROPRIETORS OF CAROLINA. (Book 2)

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

Whereas, By Our Letters Patents, bearing Date the Four and Twentieth Day of March; in the Fifteenth Year of Our Reign, We were Graciously Pleas'd to Grant unto Our right Trusty, and right Well-beloved Cousin and Counsellor Edward Earl of Clarendon, our high Chancellor of England, Our right Trusty, and Right Intirely Beloved Cousin and Coun∣sellor, George Duke of Albemarle, Master of our Horse, Our right Trusty, and Well Beloved William, now Earl of Craven, our right Trusty and well-beloved Counsellor, John Lord Berkeley, our right Trusty, and well-beloved Counsellor, Anthony Lord Ashley, Chancellor of our Exchequer, our right Trusty and Well-beloved Counsellor Sir George Carterett Knight

and Baronet, Vice-Chamberlain of our Houshold, Our right Trusty and well-beloved, Sir John Colleton Knight and Baronet, and Sir William Berkeley Knight, all that Province, Territo∣tory, or Tract of Ground, called Carolina, scituate, lying and being within our Dominions of America, Extending from the North End of the Island, called Luke Island, which ly∣eth in the Southern Virginia Seas, and within six and thirty Degrees of the Northern Latitude; and to the West, as far as the South Seas; and so respectively as far as the River of Ma∣thias, which bordereth upon the Coast of Florida, and with∣in One and Thirty Degrees of the Northern Latitude, and so West in a direct Line, as far as the South Seas aforesaid.

Now, Know Ye, that We, at the Humble Request of the said Grantees in the aforesaid Letters, Patents named, and as a further Mark of Our especial Favour towards them, We are Gratiously Pleased to Enlarge Our said Grant unto them, according to the Bounds and Limits hereafter Specify∣ed, and in Favour to the Pious and Noble Purpose of the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ash∣ley, Sir George Carterett, Sir John Colleton▪ and Sir William Berkeley, their Heirs and Assigns, all that Province, Territo∣ry, or Tract of Ground, Scituate, lying, and being within Our Dominions of America aforesaid, extending North and Eastward, as far as the North End of Carahtuke River, or Gu∣let, upon a streight Westerly Line, to Wyonoake Creek, which lyes within, or about the Degrees of Thirty Six, and Thir∣ty Minutes Northern Latitude, and so West, in a direct Line as far as the South Seas; and South and Westward, as far as the Degrees of Twenty Nine Inclusive Northern Latitude, and so West in a direct Line, as far as the South Seas; together with all and singular Ports, Harbours, Bays, Rivers and Islets, belonging unto the Province or Territory, afore∣said. And also, all the Soil, Lands, Fields, Woods, Mountains, Ferms, Lakes, Rivers, Bays and Islets, scituate, or being within the Bounds, or Limits, last before mentioned; with the Fishing of all sorts of Fish, Whales, Sturgeons, and all o∣ther Royal Fishes in the Sea, Bays, Islets and Rivers, within the Premises, and the Fish therein taken; together with the Royalty of the Sea, upon the Coast within the Limits

aforesaid. And moreover▪ all Veins, Mines and Quarries, as well discovered as not discover'd, of Gold, Silver, Gems and Precious Stones, and all other whatsoever; be it of Stones, Mettal, or any other thing found, or to be found within the Province, Territory, Islets and Limits aforesaid.

And furthermore, the Patronage and Avowsons of all the Churches and Chappels, which as Christian Religion shall encrease within the Province, Territory, Isles and Limits a∣foresaid, shall happen hereafter to be erected; together with License and Power to build and found Churches, Chappels and Oratories in convenient and fit places, within the said Bounds and Limits; and to cause them to be Dedicated and Con∣secrated, according to the Ecclesiastical Laws of Our King∣dom of England; together with all and singular, the like, and as ample Rights, Jurisdictions, Priviledges, Prerogatives, Royalties, Liberties, Immunities and Franchises, of what Kind soever, within the Territory, Isles, Islets and Limits aforesaid. To have, hold, use, exercise and enjoy the same as amply, fully, and in as ample Manner as any Bishop of Durham in Our Kingdom of England, ever heretofore had, held, used, or enjoyed, or of right ought, or could have, use, or enjoy; and them the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns; We do by these Presents, for Us, Our Heirs and Successors, make, create and constitute the true and absolute Lords and Proprietors of the said Province, or Territory, and of all other the Premises, saving always the Faith, Allegiance and Sovereign Dominion due to Us, Our Heirs and Successors, for the same; to have, hold, possess and enjoy the said Province, Territory, Islets, and all and singular, other the Premises, to them the said Edward Earl of Clarendon, George Duke of Albemarle, Wil∣liam Earl of Craven, John Lord Berkeley, Anthony Lord Ash∣ley, Sir George Carterett, Sir John Colleton and Sir William Berkeley, their Heirs and Assigns, for Ever, to be holden of Us, Our Heirs and Successors, as of Our Mannor of East Green∣wich, in Kent, in free and common Soccage, and not in Capite, or by Knights Service, yeilding and paying yearly to Us, Our Heirs and Successors, for the same the fourth Part of all Goods and

Silver Oar, which within the Limits hereby Granted, shall from Time to Time, happen to be found, over and besides the Yearly Rent of Twenty Marks and the fourth part of the Gold and Silver Oar, in and by the said recited Letters Patents reserved and payable.

And that the Province, or Territory hereby granted and described, may be dignifyed with as large Titles and Priviledges as any other Parts of our Dominions and Territories in that Re∣gion. Know ye, That We, of our further Grace, certain Know∣ledge and meer Motion, have thought fit to annex the same Tract of Ground and Territory, unto the same Province of Caro∣lina; and out of the Fulness of our Royal Power and Preroga∣tive, We do for Us, our Heirs and Successors, annex and unite the same to the said Province of Carolina. And forasmuch as We have made and ordained, the aforesaid Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton and Sir William Berkeley, their Heirs and Assigns, the true Lords and Proprietors of all the Province or Territory aforesaid. Know ye therefore moreover, That We reposing especial Trust and Confidence in their Fidelity, Wisdom, Justice and provident Circumspection for Us, our Heirs and Successors, do grant full and absolute Power, by virtue of these Presents, to them the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton and Sir VVilliam Berkeley▪ and their Heirs and Assigns, for the good and happy Government of the said whole Province or Territory, full Power and Authority to erect, constitute, and make several Counties, Baronies, and Colo∣nies, 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 Pro∣vi•••••• or Territory, or of any distinct or particular County, Barony or Colony, of or within the same, or to the private Uti∣lity

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 De∣puties, 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, as∣semble 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 consti∣tuted under the Power and Government of them, or any of them, either sailing towards the said Province or Territory of Caro∣lina, 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 ••om∣pleat Establishment of Justice, unto ••o••••ts, Sessions and Forms of Judicature, and Manners of proceedings therein, do bel••••g, al•••••• in these Presents, express 〈…〉〈…〉 made thereof, and by Judges, to 〈…〉〈…〉 process, ••••••d Pleas, and determine 〈…〉〈…〉 Judica∣ture

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; pro∣vided 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 sud∣denly 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 obser∣ved, as well for the keeping of the Peace, as for the better Go∣vernment 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 obser∣ved within the same Province, Countys, Territorys, Baronys and Provinces, under the Penalties therein expressed; so as such Ordi∣nances 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, Ordi∣nance, 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, consti∣tute 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, our Heirs and Successors, born within this our said King∣dom, or any other of our Dominions; and may inherit, or other∣wise 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 like∣wise, all sort of Grain whatsoever, and any other Thing what∣soever, 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 Mi∣nisters whatsoever; saving also to Us, our Heirs and Success∣ors, 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 Suc∣cessors, 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 Pro∣vince 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 Cus∣toms, 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 Autho∣rity, at any Time or Times, from and after the Feast of S•• Michael the Arch-Angel, which shall be in the Year of our Lord Christ, One Thousand Six Hundred, Sixty and Seven; as we•••• to import and bring into any our Dominions from the said Pro∣vince 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, Prohibi∣bition, 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 consti∣tute 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 Merchan∣dizes 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 Merchan∣dizes, 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 Cla∣rendon, 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 As∣signs, 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 Ed∣ward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkely, Anthony Lord Ashley, Sir George Car∣terett, Sir John Colleton and Sir William Berkeley, their Heirs and Assigns, That they the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton and Sir VVilliam Berkeley, their Heirs and Assigns, may from Time to Time, for ever, have and enjoy the Customs and Subsidies in the Ports Harbours, Creeks and other Places within the Province aforesaid, payable for the Goods, Merchandizes and Wares there laded, or be laded or unladed, the said Customs to be reasonably assessed to upon any Occasion by themselves, and by and with the Consent of the free People, or the greater Part of them, as aforesaid; to whom We give Power by these Presents, for Us, our Heirs and Successors, upon just Cause and in a due Proportion to assess and impose the same.

And further, of our especial Grace, certain Knowledge and meer Motion, we have given, granted and 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 Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton and Sir VVilliam Berkeley, their Heirs and Assigns, full and absolute Power, License and Authority, that they the said Edward Earl of Clarendon, George Duke of Albemarle, VVilliam Earl Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett. Sir John Colleton and Sir VVilliam Berkley, their Heirs and Assigns, from Time to Time, hereafter for ever, at his and their Will and Pleasure, may assign, alien, grant, demise or enfeoff the Premises or any Part or Parcell thereof to him or them, that

shall be willing to purchase the same, and to such Person and 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 in Fee Tayle, or for the Term of Life or Lives, or Years to be held of them, the said Edward Earl of Clarendon, George Duke of Albe∣marle, VVilliam Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton and Sir William Berkeley, their Heirs and Assigns, by such Rents, Services and Cust∣oms, as shall seem fit to them the said Edward Earl of Clarendon, George Duke of Albemarle, VVilliam Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton and Sir William Berkeley, their Heirs and Assigns, and not of Us, our Heirs and Successors: And to the same Person and Persons, and to all and every of them, We do give and grant by these Presents, for Us, our Heirs and Successors, License, Authority and Power, that such Person or Persons, may have and take the Premises, or any Parcel thereof, of the said Edward Earl of Clarendon, George Duke Of Albemarle, VVilliam Earl of Craven, John Lord Berkely, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton and Sir William Berkeley, their Heirs and Assigns, and the same to hold to themselves, their Heirs or Assigns, in what Estate of Inheritance soever, in Fee simple, or in Fee Tayle, or otherwise, as to them the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton and Sir William Berkley, their Heirs and Assigns, shall seem expedient. The Statute in the Parliament of Edward, Son of King Henry, heretofore King of England, our Predecessor, commonly called, The Sta∣tute of Quia Emptores Terrar; 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 and inhabiting in the said Pro∣vince 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∣liam Lord Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton and Sir William Berkeley, 〈◊〉〈◊〉

Heirs and Assigns, full Power and Authority to give and conferr unto, and upon such of the Inhabitants of the said Province, or Territory, as they shall think, do, or shall merit the same, such Marks of Favour, and Titles of Honour, as they shall think fit, so as their Titles or Honours be not the same as are enjoyed by, or conferred upon any of the Subjects of this Our Kingdom of Eng∣land.

And further also, We do by these Presents, for Us, Our Heirs and Successors, give and Grant, License to them the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton and Sir William Berkeley, their Heirs and Assigns, full Power, Liberty and License, to Erect, Raise and Build within the said Province and Places aforesaid, or any Part or Parts thereof, such and so many Forts, Fortresses, Castles, Cities, Burroughs, Towns, Villages and other For∣tifications whatsoever; and the same or any of them to For∣tify and Furnish with Ordnance, Powder, Shot, Armour and all other Weapons, Ammunition and Habiliments of War, both Defensive and Offensive, as shall be thought fit and 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 or Territory, to Grant Letters or Charters of Incorporation, with all Liberties, Franchises and Privi∣ledges requisite, or usual, or to, or within this Our Kingdom of England granted, or belonging; And in the same Citties, Burroughs, Towns and other Places, to Constitute, Erect and Appoint such, and so many Markets, Marts and Fairs, as shall in that Behalf be thought fit and necessary; And further also, to Erect and Make in the Pro∣vince or Territory aforesaid, or any Part thereof, so man Man∣nors with such Signories as to them shall seem meet and conveni∣ent, and in every of the same Mannors to have and to hold a Court-Baron

with all Things whatsoever, which to a Court-Baron do belong, and to have and to hold Views of Franck Pledge, and Courts-Leet, for the Conservation of the Peace, and better Go∣vernment of those Parts, with such Limits, Jurisdiction and Precincts, as by the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkely, An∣thony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, 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 same Courts to be holden by Stewards, to be Deputed and Authorized by the said Edward Earl of Clarendon, George Duke of Albe∣marle, 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 Sci∣tuate 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 Berke∣ley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton and Sir William Berkeley, their Heirs or Assigns by them∣selves, or their Captains, or other Officers to Levy, Muster and Train up all sorts of Men, of what Condition soever, or where∣soever Born, whether in the said Province, or elsewhere, for the Time being; And to make War and pursue the Enemies a∣foresaid, as well by Sea, as by Land; yea, even without 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, and to save them at their Plea∣sure; And to do all and every other thing, which to 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 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, An∣thony

Lord Ashley, Sir Gorge Carterett, Sir John Colleton and Sir William Berkeley, 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 Military Discipline, 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 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 Pro∣vince, 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 trans∣ported 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 depend∣ing thereof for ever. And that the Inhabitants of the said Pro∣vince or Territory, nor any of them, shall at any Time here∣after, be compelled or compellable, or be any ways subject, or li∣•••••••• 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 pri∣vate 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, In∣habiting, 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 out∣ward 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 〈◊〉〈◊〉 notwith∣standing.

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∣pretations 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 Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton and Sir William Berkeley, their Heirs and Assigns, although Express Mention &c.

Witness our Self at Westminster, the Thirtieth Day of June, in the Seventeenth Year of our Reign.

Per ipsum Regem.