Part 26

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 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 all the Inhabitants and Dwellers in the Province or Territory aforesaid, both present and to come, full Power and 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 Engl. Scotl. 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 in 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 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 special 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 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 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 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, Oil and Olives, without paying or answering to Us, our Heirs and Successors, any Custom, Impost, or other Duty, for, or in respect thereof, for and 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 Accommodation and Improvement of the Premises, any thing before in these Presents contained, or any Law, Act, Statute, Prohibition, 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, 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 absolute Power and Authority to make, erect and constitute 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 Merchandizes out of Ships, Boats, and other Vessels, and for lading of them in such and so many Places, as with such Jurisdictions, Privileges 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 Merchandizes, 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 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 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 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, 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 William 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 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, 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 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 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 absolute Power, License and Authority, 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 William Berkeley, 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 Parcel thereof to him or them, that shall be willing to purchase the same; and to such Person and Persons, 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 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 such Rents, Services and Customs, as shall seem fit 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 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, 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 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 Berkeley, 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 Statute of Quia Emptores Terrar; or any other Statute, Act, Ordinance, Use, Law, Custom, 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 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 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, William Lord Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, full Power and Authority to give and confer 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 of Honours be not the same as are enjoyed by, or conferred upon any of the Subjects of this Our Kingdom of England.

And further also, We do by these Presents, for Us, Our Heirs and Successors, give and Grant, License to them the 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, Boroughs, Towns, Villages and other Fortifications whatsoever; and the same or any of them to Fortify 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 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, or over all, or any of the said Castles, Forts, Fortifications, Cities, Towns and Places aforesaid, Governours, Deputy Governours, Magistrates, Sheriffs and other Officers, Civil and Military, as to them shall seem meet; and to the said Cities, Boroughs, 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 Privileges requisite, or usual, to, or within this our Kingdom of England granted, or belonging; And in the same Cities, Boroughs, 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 or Territory aforesaid, or any Part thereof, so many Mannors with such Signories 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 Frank Pledge, and Court-Leet, for the Conservation of the Peace, and better Government 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 Berkeley, Anthony 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 Albemarle, 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 Situate among so many Barbarous Nations, the Invasions as well of Savages 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 Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their Heirs or Assigns by themselves, or their Captains, or their Officers to Levy, Muster and Train up all sorts of Men, of what Condition soever, or wheresoever Born, whether in the said Province, or elsewhere, 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, and to save them at their Pleasure; And to do all and every other thing, which to the Charge and Office 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 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, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, 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 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 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 Loiterers or Stragglers, 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 virtue 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 Province, or Territory, and the Tenants and Inhabitants thereof, shall not from henceforth, be held or reputed any Member, or Part of any Colony whatsoever, 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 may 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 or Territory, or any of them, shall at any Time hereafter, be compelled or compellible, or be any ways subject, or liable to appear or answer to any Matter, Suit, Cause, or Plaint whatsoever, out of the Province or Territory 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.

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, 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, Inhabiting, and being within 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 William Berkeley, 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 Practice, 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 Judgment and Consciences, in Matters of Religion, throughout all the said Province, or Colony, they behaving themselves peaceably, and not using this Liberty to Licentiousness, nor to the Civil Injury or outward Disturbance of others. Any Law, Statute or Clause contained, or to be contained, Usage or Customs of our Realm of England to the contrary hereof in any wise, notwithstanding.

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 Interpretations 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.

An ABSTRACT of the CONSTITUTION of CAROLINA.

As to the Government of Carolina, the Laws of England are there in Force; yet the Lords-Proprietors, by their Deputies, have Power, with the Consent of the Inhabitants, to make By-Laws for the better Government of the said Province; so that no Law can be made, or Money rais'd, unless the Inhabitants, or their Representatives, consent thereto: One Law which they have in South-Carolina deserves particular Mention, which is, their Method of chusing Juries, it being done by making a considerable Number of Paper-Billets, on which are written the Names of as many of the most substantial Freeholders. These Billets are put into a Hat, out of which Twenty-four are chosen by the next Child that appears. Then, out of those Twenty-four, Twelve are chosen at the next Court, after the same manner; which is an infallible way to prevent all Manner of Fraud.

North and South-Carolina Settlements are distant from one another some hundreds of Miles; so that Necessity compels each Colony to keep to themselves, a Governour, Council and Assembly. The Governor represents the Lord-Palatine; the rest of the Counsellors are the Lord-Deputies; who, of themselves, make a Palatines Court, and a Court of Chancery; wherein they pass several Orders of Council, much of the Nature of the Prince's Proclamation; which continues no longer in Force, than the next Assembly. Likewise, they grant several sorts of Commissions, Warrants, &c. yet Military Commissions lie wholly in the Governor's Power; but Making of War or Peace, in all, or the Majority of the Lords-Deputies; by whom (the Governor being one) it is determin'd, and by whose Commissions all other Magistrates act. On these Heads they have settled, and maintain an admirable Constitution of Government, for the lasting Peace, Security, and Well-being of all the Inhabitants. The way of any ones taking up his Land in Carolina, due to him either by Purchasing it of the Lords Proprietors here in England, who keep their Board at Craven-House in Drury-Lane, London, the first Thursday in every Month; or if purchas'd in Carolina, is after this manner: He first looks out for a Place to his Mind, that is not already possess'd by any other; then applies himself to the Governor and Lords Proprietors Deputies, and shews what Right he hath to such a Tract of Land, either by Purchase of the Lords in England, or by an Entry in the Surveyor-General's Office, in order to purchase of the Governor and Lords Deputies there in Carolina, who thereupon issue out their Warrant-Land as is due to him. Who making Certificate, that he had measured out so much Land and the Bounds, a Deed is prepared of Course, by the Secretary, which is sign'd by the Governor and the Lords Proprietors Deputies, and the Proprietors Seal affix'd to it, and register'd in the Secretaries Office, which is a good Coveyance in Law of the Land therein mention'd, to the Party and his Heirs for ever.

Thus have I given you as large and exact an Account of Carolina, as the Discovery of so few Years (in this great and extensive Land) would permit. Which flourishing Country will, doubtless, in time, increase the Number of its Productions, and afford us plentifully those Necessaries and rich Commodities, which the Streights, Turky and other Countries supply us withal at present, and not seldom in their own Shipping; whereas, were those Merchandizes the Produce of an English Plantation, and brought us home by our own Hands and Bottoms, of what Advantage such an Improvement would be to the Crown of Great-Britain, and the People in general, I leave to Men of Reason and Experience to judge. I do intend (if God permit) by future Voyages (after my Arrival in Carolina) to pierce into the Body of the Continent, and what Discoveries and Observations I shall, at any time hereafter, make, will be communicated to my Correspondents in England, to be publish'd, having furnish'd myself with Instruments and other Necessaries for such Voyages.