་

With the

patronage

faid country, with privileges and jurifdictions requifite for the good government and fafety thereof. Know ye therefore, That we favouring the pious and noble purpose of the faid Edward earl of Clarendon, George duke of Albemarle, William lord Craven, John lord Berkley, Anthony lord Afhley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, of our special grace, certain knowledge and meer motion, have given, granted and confirmed, and by this our prefent charter, for us, our heirs and fucceffors, do give, grant and confirm unto the faid Edward earl of Clarendon, George duke of Albemarle, William lord Craven, John lord Berkley, Anthony lord Afhley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and affigns, all that territory or tract of ground, fituate, lying and being within our dominions of America, extending from the north-end of the ifland called Lucke-itland, which lieth in the fouthern Virginia feas, and within fix and thirty degrees of the northern latitude, and to the weft as far as the fouth-feas, and fo foutherly as far as the river St. Matthias, which bordereth upon the coaft of Florida, and within one and thirty degrees of northern latitude, and fo weft in a direct line as far as the fouth-feas aforefaid; together with all and fingular ports, harbours, bays, rivers, ifles and iflets belonging to the country aforefaid, and alfo all the foil, lands, fields, woods, mountains, fields, lakes, rivers, bays and iflets, fituate or being within the bounds or limits aforesaid, with the fifhing of all forts of fifh, whales, fturgeons and all other royal fishes in the fea, bays, iflets and rivers, within the premises, and the fifh therein taken; and moreover all veins, mines, quarries, as well difcovered as not difcovered, of gold, filver, gems, precious ftones, and all other whatfoever, be it of ftones, metals, or any other thing whatfoever found, or to be found within the countries, ifles and limits aforefaid.

III. And furthermore the patronage and avowfons of all and other the churches and chappels, which as the chriftian religion shall jurifdiéti- increafe within the country, ifles, iflets and limits aforefaid, ons and pri- fhall happen hereafter to be erected, together with licence vileges,

and power to build and found churches, chappels and oratories in convenient and fit places, within the faid bounds and limits, and to caufe them to be dedicated and confecrated according to the ecelefiaftical laws of our kingdom of England, together with all and fingular the like and as ample rights, jurifdictions, priviledges, prerogatives, royalties, liberties,

immunities

immunities and franchifes of what kind foever, within the countries, ifles, iflets and limits aforefaid.

true and ab

faid pro

IV. To have, ufe, exercife and enjoy, and in as ample Creating manner as any bishop of Durham in our kingdom of Eng- them the land ever heretofore have held, ufed or enjoyed, or of right folute lords ought or could have, ufe or enjoy. And them the faid Ed- and proprie ward earl of Clarendon, George duke of Albemarle, Will tors of the liam lord Craven, John lord Berkley, Anthony lord Afh- vince. ley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and affigns, we do by these prefents for us our heirs and fucceffors, make, create, and conftitute the true and abfolute lords and proprietors of the country aforefaid, and of all other the premises; faving always the faith, allegiance and fovereign dominion due to us, our heirs and fucceffors for the fame, and faving alfo the right, title, and intereft of all and every our fubjects of the English nation, which are now planted within the limits and bounds. aforefaid, (if any be). To have, hold, poffefs and enjoy the faid country, ifles, iflets, and all and fingular other the premises to them the faid Edward earl of Clarendon, George Juke of Albemarle, William lord Craven, John lord Berkeley, Anthony lord Afhley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and affigns for ever, to be holden of us, our heirs and fucceffors, as of our manor of Eaft Greenwich in our county of Kent, in free and common foccage, and not in capite, nor by knights fervice; yielding and paying yearly to us, our heirs and fucceffors, for the fame, the yearly rent of twenty marks of lawful money of England, at the feaft of All Saints, yearly for ever; the first payment thereof to begin and to be made on the feaft of All Saints, which fhall be in the year of our Lord one thousand fix hundred and fixty five, and also the fourth part of all gold and filver ore, which, within the limits aforefaid, fhall from time to time happen to be found.

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ground,

province,

V. And that the country, thus by us granted and de- The faid scribed, may be dignified by us with as large titles and tract of privileges as any other part of our dominions and territocountry and ries in that region, know ye that we of our further grace, iflands ereccertain knowledge and mere motion, have thought fit to ted into a erect the fame tract of ground, country and ifland into a by the name province, and out of the fulness of our royal power and pre- of the prorogative, we do for us, our heirs and fucceffors, erect, in- vince of corporate and ordain the fame into a province, and do call it the province of Carolina, and fo from henceforth will have it called: And forafmuch as we have hereby made

Carolina,

laws for

perfon thereof.

and ordained the aforefaid 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 affigns the true lords and proprietors of all the province aforefaid: Know ye therefore moreover, that we, repofing efpecial truft and confidence in their fidelity, wisdom, juf tice, and provident circumspection, for us, our heirs and fucceffors, do grant full and abfolute power, by virtue of these The King prefents, to them the faid Edward earl of Clarendon, George grants pow- duke of Albemarle, William lord Craven, John lord Berkeer to ordain ley Anthony lord Afhley, Sir George Carterett, Sir Wiland enact for the liam Berkeley, and Sir John Colleton, and their heirs, for whole pro- the good and happy government of the faid province, to vince or any ordain, make, enact, and under their feals to publifh any particular laws whatsoever, either appertaining to the public ftate of the faid province, or to the private utility of particular perfons, according to their beft defcretion, of and with the advice, affent and approbation of the freemen of the faid province, or of the greater part of them, or of their delegates or deputies, whom for enacting of the faid laws, when and as often as need fhall require, we will that the faid 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, and their heirs, fhall from time to time affemble, in fuch manner and form as to them fhall feem beft, and the fame laws duly to execute, upon all people within the faid province and limits thereof, for the time being, or which fhall be conftituted under the power and government of them, or any of them, either failing towards the faid province of Carolina, or returning from thence towards England, or any other of our, or foreign dominions, by impofition of penalties, imprisonment, or any other punishment; yea, if it fhall be needful, and the quality of the offence requires it, by taking away member and life, either by them the faid Edward earl of Clarendon, George duke of Albemarle, William lord Craven, John lord Berkley, Anthony lord Afhley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, and their heirs, or by them, or their deputies, lieutenants, judges, juftices, magiftrates, officers, and minifters, to be ordained or appointed, according to the tenor and true intention of thefe presents; and bikewife to appoint and establish any judges or juftices,

inagiftrates

or officers

magiftrates or officers whatsoever, within the faid province, And to appoint any at fea or land, in fuch manner and form, as unto the faid judges or Edward earl of Clarendon, George duke of Albemarle, Wil- juftices, liam lord Craven, John lord Berkley, Anthony lord Afhley, magiftrates Sir George Carteret, Sir William Berkley, and Sir John whatfoever. Colleton, and their heirs, fhall feem moft convenient: Alfo to remit, releafe, pardon, and abolifh, (whether before judgment or after) all crimes and offences whatsoever, against the faid laws, and to do all and every other thing and things, which unto the compleat establishment of justice unto courts, feffions and forms of judicature, and manners of proceedings therein, do belong, although in thefe prefents, exprefs mention be not made thereof; and by judges, by him or them delegated, to award, procefs, hold pleas, and determine in all the faid courts, and places of judicature, all actions, fuits, and caufes whatsoever, as well criminal as civil, real, mixt, perfonal, or of any other kind or nature whatsoever; which laws, fo as aforefaid to be published, our pleasure is, and we do require, enjoin and command, fhall be abfolute, firm and available in law, and that all the liege people of us, our heirs and fucceffors, within the faid province of Carolina, do observe and keep the fame inviolably, in those parts, fo far as they concern them, under the pains and penalties therein expreffed, or to be expreffed; provided nevertheless, that the faid laws be confonant to reason, and as near as may be conveniently, agreeable to the laws and cuftoms of this our kingdom of England.

freeholders

can be cal

VI. And becaufe fuch affemblies of freeholders, cannot And till afbe fo conveniently called, as there may be occafion to re-femblies of =quire the fame; we do therefore by these prefents, give and grant unto the faid Edward earl of Clarendon, George led, duke of Albemarle, William lord Craven, John lord Berkley, Anthony ford Afhley, Sir George Carteret, Sir WilEliam Berkley, and Sir John Colleton, their heirs and affigns, by themselves or their magiftrates, in that behalf The faid lawfully authorized, full power and authority, from time prietors imto time, to make and ordain fit and wholesome orders and powered to ordinances, within the province aforefaid, to be kept and make orders obferved, as well for the keeping of the peace, as for the nances. better government of the people there abiding, and to publifh the fame to all to whom it may concern; which ordinances, we do by these presents, ftreightly charge and command to be inviolably obferved, within the faid

H 2

pro

vince,

lords pro

and ordi

Licence given to all

vince, under the penalties therein expreffed, fo as fuch or dinances be reasonable, and not repugnant or contrary, but as near as may be, agreeable to the laws and ftatutes of this our kingdom of England, and fo as the fame ordinances do not extend to the binding, charging, or taking away, of the right or intereft, of any perfon or perfons, in their freehold, goods or chattels, whatsoever.

VII. And to the end the faid province may be the more the King's happily encreased, by the multitude of people reforting thither, lege people and may likewife be the more ftrongly defended from the to tranfport incurfions of favages, and other enemies, pirates and robbers, to the faid therefore we, for us, our heirs and fucceffors, do give and province, grant by these prefents, power, licence, and liberty, unto all

themselves

the liege people, of us, our heirs and fucceffors, in our kingdom of England, or elsewhere, within any other our dominions, iflands, colonies, or plantations, (excepting those who fhall be especially forbidden) to transport themselves and families unto the faid province, with convenient shipping and fitting provifions, and there to fettle themselves, dwell, and inhabit, any law, ftatute, act, ordinance or other thing to the contrary, in any wife, notwithstanding. And we will alfo, and of our more fpecial grace, for us, our heirs and fucceffors, do ftreightly enjoin, ordain, conftitute and command, that the faid province of Carolina, fhall be of our allegiance, and that all and fingular the fubjects and liege people of us, our heirs and fucceffors, tranfported, or to be tranfported into the faid province, and the children of them, and of fuch as fhall defcend from them, there born, or hereafter to be born, be and fhall be, denizons and lieges of us, our heirs and fucceffors, of this our kingdom of England, and be in all things held, treated and reputed as the liege faithful people of us, our heirs and fucceffors, born within this our faid kingdom, or any other of our dominions, and may inherit, or otherwife purchase and receive, take, hold, buy, and poffefs any lands, tenements or hereditaments within the fame places, and them may occupy, poffefs and enjoy, give, fell, aliene and bequeathe; as likewife all liberties, franchises and privileges of this our kingdom of England, and of other our dominions aforefaid, and may freely and quietly, have, poffefs and enjoy, as our liege people born within the fame, without the leaft moleftation, vexation, trouble or grievance, of us, our heirs and fucceffors, any ftatute, act, ordinance or provifion to the contrary notwithstanding.

VIII. And