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Tue First and statutes of our Kingdoms and Dominions, to be carried out of the CHARTER.

same, without any let, 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 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 license by this our charter, unto the said Edward Earl of Clarenden, George, Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, 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 by sea, into any of 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 ways charged.

9th. Provided nevertheless, and our will and pleasure is, and we have further for the consideration aforesaid, of our more especial grace, certain knowledge, and meer 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 Carteret, Sir William Berkley, 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 hundred, sixty and seven, as well to import, and bring into any of our Dominions from the said Province of Carolina, or any part

hereof, the several goods and commodities, hereinafter mentioned, that is to say, silks, wines, currants, raisins, capers, wax, almonds, oyl, and olives, without paying or answering to us, our heirs or successors, any custom, import, or other duty, for and 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 Province, into any of our Dominions; as also to export and

of our Dominions, into the said Province of Carolina, custom free, all sorts of tools which shall be usefull 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 any thing heretofore had, made, enacted or provided, or hereafter to be had, made, enacted or provided to the contrary, in any wise notwithstanding.

10th. 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, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs

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and assigns, full and absolute power and authority, to make, erect and The First 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 jurisdiction, priviledges 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 merchandises 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 Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, and not elsewhere, any use, custom or any other thing to the contrary, in

any wise notwithstanding.

11th. 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 Carteret, 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 Carteret, Sir William Berkley, 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, harbors, creeks and other places within the Province aforesaid, payable for goods, merchandise 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.

12th. And further, of our special grace, certain knowledge, and meer 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 Carteret, Sir William Berkley, 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, William, Lord Craven,John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley,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 enfeof 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 or assigns, in fee simple or fee tayle, or for term for 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 Carteret, 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 Carteret, 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 and persons, and to all and every of them, we do give and

The First grant by these presents, for us, our heirs and successors, license, authority CHARTER.

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 Carteret, Sir William Berkley, 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 fee tayle, or otherwise, as to them and the said Edward Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, 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.

13th. 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 be conveniently 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 Carteret, 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 these titles of honour be not the same as are enjoyed by, or conferred upon any the subjects of this our Kingdom of England.

14th. 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 Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley 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, buroughs, towns, villages and other fortifications whatsoever, and the same or any of them to fortify and furnish with ordinance, powder, shot, armory, and all other weapons, ammunition, habilements 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 and 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, buroughs, towns, villages, or any other place, or places, within the said Province, to grant "letters or charters of incorporation,” with all liberties, franchises and priviledges, requisite and usefull, or to or within any corporations, within this our Kingdom of England, granted or belonging; and in the same cities, buroughs, 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 mannors, as to them shall seem meet and convenient, and in every of the said mannors to have and to The First

* 18 Ed. 1. West. 3 ch. 1 p. 55.

CHARTER. hold a Court Baron, with all things whatsoever which to a Court Baron do belong, and to have and to hold views of "frank pledge” and “court leet,” for the conservation of the peace and better government of those parts, within such limits, jurisdictions 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 Carteret, 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 frank 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 Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, or their heirs, or by the Lords of other mannors and leets, for the time being, when the same shall be erected.

15th. And because that in so remote a country, and scituate among so many barbarous nations, and the invasions as well of salvages as of 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 Carteret, 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 to make war and pursue the enemies aforesaid, as well by sea as by land, yea, even without the limits of the said Province, and by God's assistance to vanquish and take them, and being taken to put them to death by the law of war, or to save them at their pleasure; and to do all and every other thing, which unto the charge of a captain general of an army belongeth, or hath accustomed to belong, as fully and freely as any captain-general of an army hath or ever had the same.

16th. 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 Berkley, Anthony, Lord Ashley, Sir George Carteret, 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 or themselves, their captains, deputies and officers, to be authorized under his or their seals for that purpose, to whom also, for us, our heirs and successors, we do give and grant by these presents, full power and authority to exercise martial law against mutinous and seditious persons of those parts, such as shall refuse to submit themselves to their government, or shall refuse to serve in the wars, or shall fly to the enemy, or forsake their colours or ensigns, or be loyterers or straglers, or otherwise howsoever offending against law, custom or discipline military, as freely and in as ample manner and form as any captain general of an army, by vertue of his office, might or hath accustomed to use the same.

17th. 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, LordAshley,Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, and to all 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, shall not from

The First henceforth be held or reputed a member or part of any colony whatsoever iu CHARTER.

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 of them, shall at any time hereafter, be compelled or compellable, or be any ways subject or liable to appear or answer to any matter, suit, cause, or plaint whatsoever, out of the Province aforesaid, in any other of our islands, colonies, or dominions in America, or elsewhere, other than in our realm of England, and dominion of Wales.

18th. And because it may happen that some of the people and inhabitants of the said Province, cannot in their private opinions, conform to the publick exercise of religion, according to the liturgy form and ceremonies of the Church of England, or take and subscribe the oaths and articles, made and established in that behalf, and for that the same, by reason of the remote distances of these places, will, we hope, be no breach of the unity and uniformity established in this nation; our will and pleasure therefore is, and we do by these 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 Carteret, Sir William Berkley, 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 or persons, inhabiting and being within the said Province, or any part thereof, who really in their judg." ments, 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 Carteret, Sir William Berkley, 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

persons, to whom such indulgences and dispensations shall be granted as aforesaid,do and shall, from time to time declare and continue, all fidelity, loyalty and obedience to us, our heirs and successors, and be subject and obedient to all other the laws, ordinances, and constitutions of the said Province, in all matters whatsoever, as well ecclesiastical as civil, and do not in any wise disturb the peace and safety thereof, or scandalize or reproach the said liturgy, forms, and ceremonies, or any thing relating thereunto, or any person or persons whatsoever, for or in respect of his or their use or exercise thereof, or his or their obedience and conformity, thereunto.

19th. 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 Carteret, Sir William Berkley, and Sir John Col. leton, 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 pre

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