Charter of Carolina; June 30, 1665
Charter of Carolina; June 30, 1665
CHARLES the Second, by the grace of God, of Great Britain, France and Ireland, King,
Defender of the Faith, &c. WHEREAS, by our Letters Patents, bearing date the
twenty-fourth 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 Edward Earl of
Clarendon, our High Chancellor of England: our right trusty and entirely 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 Berkeley; 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-Chancellor of our Household; our right trusty and well-beloved Sir John
Colleton, Knight and Baronet; and Sir William Berkeley, Knight; all that province, territory,
or tract of ground, called Carolina, situate, lying and being within our dominions of America;
extending from the north end of the island called LukeIsland, which lieth in the Southern
Virginia seas, and within thirty-six degrees of north latitude; and to the west, as far as the
South-Seas; and so respectively as far as the river of Matthias, which bordereth upon the
coast of Florida, and within thirty-one degrees of north latitude; and so west, in a direct line
as far as the South-Seas aforesaid.
Now Know ye, That We, at the humble request of the said grantees, in the aforesaid Letters
Patents named, and as a further mark of our especial favour to 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 Berkeley, Anthony Lord Ashley,
Sir George Carteret, Sir John Colleton, and Sir William Berkely, their heirs and asigns, all
that province, territory or tract of land, situate, lying and being within our dominions of America
aforesaid; extending north and eastward, as far as the north end of Currituck river or inlet, upon
a strait westerly line to Wyonoak 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, of northern latitude;
and so west, in a direct line, as far as the South-Seas; together with all and singular the ports,
harbours, bays, rivers and inlets, belonging unto the province or territory aforesaid And also,
all the soils, lands, fields, woods, mountains, forms, lakes, rivers, bays and islets, situate or
being within the bounds or limits last before mentioned; with the fishings of all sorts of fish,
whales, sturgeons, and all other royal fish, in the sea, bays, islets and rivers, within the
premises, and the fish therein taken, together with the royalty of the sea upon the coast within
the limits aforesaid; and moreover all veins, Nines and quarries, as well discovered as not
discovered, of gold, silver, gems and precious stones, metal, or any other thing, found, or to be
found, within the province, territory, islets and limits aforesaid: And furthermore, the patronage
and advowsons of all the churches and chapels, which, as Christian religion shall increase
within the province, territory, isles, and limits aforesaid, shall happen hereafter to be erected;
together with licence and power to build and found churches, chapels 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, privileges, 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 them the said Edward
Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley,
Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkely, 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 hold, possess, and enjoy the said
province, territory, islets, and all and singular other the premises, to them the said Edward
Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord
Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William
Berkeley, their heirs and assigns forever; to be holden of us, our heirs and successors, as
of our manor of East-Greenwich, in Kent, in free and common soccage, and not in capite,
or by Knight's 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 written Letters Patent reserved and
payable.
AND that the province or territory hereby granted and described, may be dignified with as large
tythes and privileges, as any other parts of our dominions and territories in that region; Know ye,
That we, of our further grace, certain knowledge, and mere motion, have thought fit to annex
the same tract of ground or 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 Carolma.
AND forasmuch as we have made and ordained the aforesaid Edward Earl of Clarendon, George
Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord - Ashley, Sir
George Carteret, Sir John Colleton, and Sir William Berkeley, 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
Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton,
and Sir William Berkeley, 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, baronnies, and colonies, of and within the said provinces, territories, lands, and
hereditaments, in and by the said Letters Patent, granted, or mentioned to be granted, as
aforesaid, with several and distinct jurisdictions, powers, liberties, and privileges: And also, to
ordain, make, and enact, and under their seals, to publish any laws and constitutions
whatsoever, either appertaining to the public state of the whole province or territory, or of and
distinct or particular county, baronny, or colony, or of or within the same, or to the private
utility of particular persons, according to their best directions, by and with the advice, assent
and approbation, of the freemen of the said province or territory, or of the freemen of the county,
baronny, 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 Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George
Carteret, Sir John Colleton, and Sir William Berkeley, and their heirs or 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, baronny,
or colony, or 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
shall be needful, 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 Earl
of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton,
and Sir William Berkeley, and their heirs, or by them, or their Deputies, Lieutenants, Judges,
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 Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George
Carteret, Sir John Colleton, and Sir William Berkeley, and their heirs, shall seem most
convenient: And also, to remit, release, pardon, and abolish, whether before judgment or
after, all crimes and offences whatsoever against the said laws; and to do all and every
thing and things, which, unto the compleat establishment of justice, unto courts, sessions,
and forms of judicature, and manners of proceeding therein, do belong, although in these
presents express mention is not made thereof; and by Judges to 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, mint, 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.
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 Earl of Craven, John Lord
Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William
Berkeley, 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, baronny, or
province, 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, and to publish the same to all to whom
it may concern: Which ordinances we do, by these presents, straitly charge and command to
be inviolably observed within the same province, counties, territories, baronnies and provinces,
under the penalties therein expressed; so as such ordinances be reasonable, and not
epugnant 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 the right or interest of any person or persons, in their freehold, goods, or
chattels, whatsoever.
AND to the end the said province or territory may be the more happily increased, by the
multitude people resorting thither, and may likewise be the more strongly defended from the
incursions of savages, and other enemies, pirates and robbers; therefore, we, for us, our heirs
and successors, do give and grant, by these presents, full power, license and liberty, unto all
the liege people of us, our heirs and successors, in our kingdom of England, and elsewhere,
within any other our dominions, islands, colonies, or plantations, (excepting those who shall
be especially forbidden) to transport themselves and families into the said province or territory,
with convenient shipping and fitting provision; and there to settle themselves, dwell, and inhabit:
Any law, act, statute, ordinance, or other thing, to the contrary notwithsanding.
AND we will also, and of our especial grace, for us, our heirs and successors, do straitly enjoin,
ordain, constitute, and command, that the said province and 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 denizens 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 faithful 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 bequeath; as likewise,
all liberties, franchises, and privileges, 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.
AND furthermore, that our subjects of this our said kingdom of England, and other our dominions,
may be the rather encouraged to undertake this expedition, with ready and cheerful means;
Know ye, That we, of our especial grace, certain knowledge, and mere motion, do give and
grant, by virtue of these presents, as well to the said Edward Earl of Clarendon, George Duke
of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George
Carteret, Sir John Colleton, and Sir William Berkeley, 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 licence, to lade 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 likewise all sorts of grain whatsoever, and any other thinner whatsoever, necessary for their
food and clothing, not prohibited by the 1aws and statutes of our kingdom and dominions, to be
carried out of the same, without any let or molestation of us, our heirs and successors, or of
any other our officers or ministers whatsoever; saving also unto 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
licence by this our charter, unto the said Edward Earl of Clarendon, George Duke of Albemarle,
William Earl of Craved John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir
John Colleton, and Sir William Berkeley, and 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 unlace, 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 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 unfading 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 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 especial grace,
certain knowledge, and mere 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 Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and assigns, full
and free licence, power and authority, at any time or times, from and after the Feast of St.
Michael the Archangel, which shall be in the year of our Lord Christ one thousand six
hundred and sixty-seven, as well to import and bring into any of our dominions, from the
said province of Carolina, or any part thereof, the several goods herein after mentioned; that
is to say, silks, wines, raisins, 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 term and space of seven years, to commence and be
accounted from and after the importation of four tons of any of 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, in any wise notwithstanding.
AND furthermore, of our more ample and especial grace, certain knowledge, and mere 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 Carteret, 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 unfading of goods and merchandises, out of ships, boats
and other vessels, and for lading of them, in such and so many places, 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 merchandises
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 Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and
assigns, and not elsewhere: Any use, custom, or thing, to the contrary notwithstanding.
AND we do further 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 Carteret, Sir
John Colleton, and Sir William Berkeley, and 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 Carteret, Sir John Colleton, and Sir William Berkeley, their
heirs and assigns, may, from time to time, forever, have and enjoy the customs and subsidies,
in the ports, harbours, creeks, and other places within the province aforesaid, payable for the
goods, wares and merchandises there laded, or to be laded or unfaded; 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 due' proportion, to assess
and impose the same.
AND further, of our especial grace, certain knowledge, and mere 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 Carteret, Sir John Colleton,
and Sir William Berkeley, their heirs and assigns, full and absolute power, licence 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 Carteret, Sir John
Colleton, and Sir William Berkeley, their heirs and assigns, from time to time hereafter,
forever, 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-tail, or for 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
Carteret, 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 Carteret, Sir John Colleton, and Sir 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,
licence, authority and power, that such person or persons may have and take the premises,
or any part thereof, of the said Edward Earl of Clarendon, George Duke of Albemarle, William
Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John
Colleton, and Sir William Berkeley, their heirs and assigns; and the same to hold to
themselves, their heirs and assigns, in what estate of inheritance soever, in fee-simple, or
fee-tail, 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
Carteret, Sir John Colleton, and Sir William Berkeley, their heirs or 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 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.
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 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 Berkeley,
Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley,
and 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 licence to the said Edward Earl of Clarendon, George Duke of Albemarle, William
Earl of Craven, John Lord of Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir
John Colleton, and Sir William Berkeley, and their heirs and assigns, full power, liberty
and licence, 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, Governors, Deputy-Governors, 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,
or 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 manors, with such signories as to them shall seem meet and convenient; and in
every of the same manors 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-Leets, 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 Berkeley, Anthony Lord Ashley,
Sir George Carteret, 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
Frank-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 Carteret, Sir John
Colleton, and Sir William Berkeley, or their heirs, by the Lords of the manors 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 of savages and 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 Carteret, Sir John
Colleton, and Sir William Berkeley, 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 bv 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, 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 Earl of Craven, John Lord
Berkeley, Anthony Lord Ashley, Sir George Carteret, 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 any mutinous and seditious persons of these parts; such as shall refuse to submit
themselves to their government, or shall refuse to serve in the war, or shall fly to the enemy,
or forsake their colours or ensigns, or be loiterers, or stragglers, or otherwise 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 Carteret, Sir John Colleton,
and Sir William Berkely, 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 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, 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 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 public exercise of religion according to the
liturgy, forms, 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 Albemarlc, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley,
Sir George Carteret, 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 indulgences 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 Carteret, 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 concernments, 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 Judgments 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 custom of our realm of England, to the
contrary hereof, in any-wise, notwithstanding.
AND in case it shall happen, that any doubts or questions shall 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 in all times, and in all things, such interpretations
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 Berkeley, Anthony Lord Ashley, Sir
George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and assigns,
although express mention, &c.
WITNESS Ourself, at Westminster, the thirtieth day of June, in the seventeenth year of our reign.
PER IPSUM REGEM.
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