CHARTER. decessors, to them the said Edward Earl of Clarendon, George, Duke of THE SECOND Witness, the KING, at Westminster, the four and twentieth day of PER IPSUM REGEM. CONTENTS OF THE SECOND CHARTER OF CAROLINA, 1665. His Majesty King Charles the Second, SECTION 1st. Reciting a former Charter, and the Proprietors for all that territory called Carolina, 2d. Enlarges the grant to the said Proprietors, 3d. With Patronage, Jurisdictions, Priviledges, Prerogatives, &c. 5th. To make Orders and Ordinances. 6th. Licence to the King's subjects to transport themselves thither, 7th. The said Province to be of the King's allegiance. Sth. Licence granted to freight in every port for transport thither, goods, wares and merchandizes, saving to the King his customs and duties. 9th. Sundry goods to be imported and exported free of duty. 10th. Ports and Harbours to be constituted. 11th. The subsidies to belong to the Lords Proprietors. 12th. The Lords Proprietors may grant and assign the premises, or any part thereof, to purchasers. 13th. Empowered to confer titles of honour not in use in England. 14th. To erect Forts, Castles, Cities, Towns and Fortifications. 15th. With power to muster and train men for war. 16th. To exercise Martial Law. 17th. The Province of Carolina to be subject immediately to the crown of England. 18th. The Lords Proprietors empowered to grant liberty of Conscience. 19th. In cases of doubt the interpretation to be most favourable to the Proprietors. THE SECOND CHARTER GRANTED BY KING CHARLES THE 1st. WHEREAS by our letters patent, bearing date the four and twentieth day of March, in the fifteenth year of our reign, we were graciously pleased to grant unto our right trusty and right well beloved cousin and Counsellor, CHARTER. THE SECOND Edward, Earl of Clarendon, our high Chancellor of England, our right trusty and right intirely beloved cousin and Counsellor, 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 Berkley, our right trusty and well beloved Counsellor, Anthony, Lord Ashley, Chancellor of our Exchequer, our right trusty and well beloved Counsellor, Sir George Carteret, Knight and Baronet, Vice-Chamberlain of our household, our right trusty and well beloved Sir John Colleton, Knight and Baronet, and Sir William Berkley, Knight, all that Province, territory, 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 lieth in the Southern Virginia Seas, and within six and thirty degrees of the Northerm latitude, and to the west as far as the South Seas, and so respectively, as far as the river of Mathias, which bordereth upon the coast of Florida, and within one and thirty degrees of the Northern latitude, and so west in a direct line, as far as the South-seas aforesaid. 2d. Now know ye, that we, at the humble request of the said grantees, in the aforesaid letters patent named, and as a further mark of our especial favour towards them, we are graciously pleased to enlarge our said grant unto them, according to the bounds and limits hereafter specified, 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 Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, their heirs and assigns, all that Province, territory, 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 Charahake river or gulet, upon a streight westerley line to Wyonoake Creek, which lies within or about the degrees of thirty-six, and thirty 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 aforesaid, 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 other 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 coasts within the limits aforesaid. And moreover all veins, mines, quarries, as well discovered as not discovered, of gold, silver, gems, and precious stones, and all other whatsoever, be it of stones, metall, or any other thing found or to be found within the Province, territory, islets and limits aforesaid. 3d. And furthermore, the patronage and advowsons, of all the churches and chappels, which as the Christian religion shall increase within the Province, territory, islets and limits aforesaid, shall happen hereafter to be erected; together with licence 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 consecrated, according to the Ecclesiastical laws of our kingdom 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 CHARTER them, the said Edward, Earl of Clarendon, George, Duke of Albemarle, THE SECOND William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, 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, 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 Carteret, Sir John Colleton and Sir William Berkley, their heirs and assigns forever, to be holden of us, our heirs and successors, as of our Mannor of East Greenwich in Kent, in free and common Soccage, and not in capite, or by Knight service; yielding and paying yearly to us, our heirs and successors, for the same, the fourth part of all gold and silver ore, 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 ore, in and by the said recited letters patents, reserved and payable. 4th. And that the Province or territory hereby granted and described, may be dignified with as large Titles and Priviledges as any other parts of our Dominions and territories in that region, Know ye, that we of our further grace, certain knowledge, and meer motion, have thought fit to annex the same tract of ground and territory, unto the same Province of Carolina; and out of the fullness of our royal power and prerogative, 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, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton and Sir William Berkley, 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, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton and Sir William Berkley, 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 colonies, of and within the said Provinces, territories,lands and hereditaments, in and by the said recited letters patents, and these presents, granted or mentioned to be granted, as aforesaid, withseveral 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 Province or territory, or of any distinct or particular county, barony, or colony of, or within the same, or to the private utility 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 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 Carteret, Sir John Colleton, and Sir William Berkley, VOL. I.-5. CHARTER. THE SECOND and their heirs and assigns, 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 or territory, county, barony or colony, and the limits thereof, for the time being, which shall be constituted under the power and government of them, or any of them, either sailing towards the said Province or territory 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 be needfull, 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 Carteret, Sir John Colleton, and Sir William Berkley, and their heirs, or by them or their Deputies, Lieutenants, Judges, Justices, Magistrates, Officers or Ministers, to be ordained and appointed according to the true tenour and intention of these presents; and likewise to erect or make any court, or courts whatsoever, of judicature or otherwise, as shall be requisite; and to appoint and establish any Judges or 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, Lord Craven,John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton and Sir William Berkley, and their heirs, shall seem most convenient; also to remit, release, pardon and abolish, (either 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 is 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 absolutely firm and available in law, and that all the liege 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; 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 realm of England. 5th. 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 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 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 or territory aforesaid, or any county, barony, or province, of or within the same, to be kept and observed as well for the keeping of the peace as for the better government of the people there abiding, as 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 same Province, counties, territories, baronies and provinces, 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, THE SECOND of any person or persons in their freehold, goods, or chattels whatsoever. 6th. 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 more strongly defended from the incursions of salvages 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 liege people of us our heirs and successors, in our Kingdom of England, or elsewhere, within any other our dominions, islands, colonies and 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, ordinance, or other thing, to the contrary, in any wise notwithstanding. 7th. And we will also, and of our special grace, for us our heirs and successors, do streightly enjoin, ordain, constitute, and command, that the said Province or territory, 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 such as shall descend from them, there born or hereafter to be born, be, and shall be denizons 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 faithfull 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 said places, and them may occupy and enjoy, sell, alien, and bequeathe; as likewise all liberties, franchises, and priveledges of this our Kingdom, and of other our dominions, aforesaid, may freely, and quietly, have, possess, and enjoy, as our liege people born within the same, without the molestation, vexation, trouble or grievance of us, our heirs and successors, any act, statute, ordinance, or provision to the contrary, notwithstanding. 8th. And furthermore, that our subjects of this our said Kingdom of England, and other our Dominions, may be rather encouraged to undertake this expedition, with ready and chearful minds; know ye, that we of our especial 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, Earl of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, and their heirs, as unto all others as shall from time to time, repair unto the said Province or territory, with a purpose to inhabit there, or to trade with the natives thereof, full liberty and license, to trade, 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 merchandises, as likwise all sorts of grain whatsoever, and any other thing whatsoever, necessary for their food and clothing, 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 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. 9th. 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 o CHARTER. |