Lapas attēli
PDF
ePub

CHRTER.

The Second 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, and to all the inhabitants, and dwellers, in the Province 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 countries, either of our Domininions 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 10 pay, beyond which we will not that the inhabitants of the said Province, or territory, shall be any way 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 Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, 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, hereinafter mentioned; that is to say, silk, wines, currans, raisins, capers, wax, almonds, oyl, and olives, without paying or answering to us, our heirs and successors, any custom, import 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 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 usefull and 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.

10th. And furthermore, ofour 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 Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, 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 seaports, 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, and with such jurisdictions, priveledges, and franchises unto the said ports belonging, as to them shall seem most expedient; and that all and singular the ships, boats and other Sessels which shall come for merchandizes, and trade into the said Province

of our

or territory, or shall depart out of the same, shall be laden and unladen at THE SECOND

CHARTAR. 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 John Colleton, and Sir William Berkley, their heirs and assigns, and not elsewhere, any use, custom or anything 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, Earl of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, their heirs and assigns, that they 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, may from time to time forever, have and enjoy the customs, and subsidies in the ports, harbors, 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.

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, Earl of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, their heirs and assigns, full and absolute power,license and authority, that 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, from time to time, hereafter forever, at his or 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 or 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 Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton and Sir William Berkley, and their heirs and assigns, by such rents, services and customs, as shall seem fit to them the said Edward Earlof 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, and not of us, our heirs and successors; and 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 Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, 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,

The Second William, Earl of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir CHARTER.

George Carteret, 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, com. monly 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 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 to 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, Earl of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton and Sir William Berkley, 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 or honours, be not the same as are enjoyed by, or conferred upon, any of 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, Earl of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton and Sir William Berkley, 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 fortifications whatsoever, and the same, or any of them, to fortify and furnish with ordinance, powder, shot, armour, and all other weapons, ammunition and habilements 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, burroughs, towns, villages, or any other place or places within the said Province or territory, to grant letters or charters of incorporations, with all the liberties, franchises and priviledges, requisite or usual, or to or within this our kingdom of England, granted or belonging; and in the same cities, 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 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 said 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 court leet, for the conservation of the peace and better government of those parts, with such limits, jurisdictions, and precincts, as by 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, 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, THE SECOND Duke of Albemarle, William, Earl of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, or their heirs, by the Lords of the 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, 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 Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton and Sir William Berkley, their heirs or assigns, by themselves or their captains, or other 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.

16th. Also, our will and pleasure is, and by this our charter, we 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 John Colleton, and Sir William Berkley, 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 loyterers, or stragglers, or otherwise bowsoever offending against law, custom, or military discipline, 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, Ear) 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, and to all 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 a 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 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 or territory, nor any of them, shall at any time hereafter be compelled,

The Second or compellable, or be any ways subject or liable, to appear or answer to any CHARTER.

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.

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 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, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, their heirs and assigns, full and free license, 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 Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, their heirs and 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 difference 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 or their judgments and consciences in matters of religion, throughout all the said Province or colony, they behaving 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.

19th. And in case it should 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, Earl of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton and Sir William Berkley, their heirs and assigns, although express mention, &c.

Witness, Our Self, at Westminster, the thirtieth day of June, in the se

venteenth year of our reign, (1665.)

PER IPSUM REGEM.

Note.— This Charter was, on the 25th July, 1729, surrendered to the King hy seven of the eight Proprietors, under the authority of the act of

« iepriekšējāTurpināt »